§1506 — Title 10 Armed Forces | U.S. Code

Summary

Make sure a missing person’s personnel file has, as much as possible, all U.S. information about their disappearance, whereabouts, and status. The Secretary in charge may keep classified material out of the file. If so, the file must say that classified information exists and show the date when its classification was last reviewed. If the classified material refers to unnamed missing people from a particular conflict or war period, that notice and review date must be made reasonably available to the primary next of kin, immediate family members, and any previously designated person for those missing from that conflict. “Reasonably available” means the material can be put in a separate file that those people may ask to see. Debriefing reports given under a promise of confidentiality, including survival/evasion/resistance/escape (SERE) reports, must be kept out of the personnel file. If such a report has non-derogatory (not harmful) facts about a missing person or unnamed missing people, an approved extract of that non-harmful material — after review by the source and with the source’s identity protected — must go in the file and relevant parts made reasonably available to the family. Files must follow the Privacy Act (5 U.S.C. 552a) and other laws. Upon request, the primary next of kin, other immediate family members, or a previously designated person may get the file contents. Records of debriefings done by U.S. officials from July 8, 1959, through February 10, 1996, are privileged and may not be released under the Freedom of Information Act (5 U.S.C. 552) or the Privacy Act, but required extracts or notices still must be placed in files.

Title 10, §1506

Armed Forces — Source: USLM XML via OLRC

(a)Except as provided in subsections (b), (c), and (d), the Secretary concerned shall, to the maximum extent practicable, ensure that the personnel file of a missing person contains all information in the possession of the United States relating to the disappearance and whereabouts and status of the person.

(b)(1)The Secretary concerned may withhold classified information from a personnel file under this section. If the Secretary concerned withholds classified information from a personnel file, the Secretary shall ensure that the file contains the following:

(A)A notice that the withheld information exists.

(B)A notice of the date of the most recent review of the classification of the withheld information.

(2)(A)If classified information withheld under this subsection refers to one or more unnamed missing persons, the Secretary shall ensure that notice of that withheld information, and notice of the date of the most recent review of the classification of that withheld information, is made reasonably accessible to the primary next of kin, members of the immediate family, and the previously designated person of all missing persons from the conflict or period of war to which the classified information pertains.

(B)For purposes of subparagraph (A), information shall be considered to be made reasonably accessible if placed in a separate and distinct file that is available for review by persons specified in subparagraph (A) upon the request of any such person either to review the separate file or to review the personnel file of the missing person concerned.

(c)The Secretary concerned shall maintain personnel files under this section, and shall permit disclosure of or access to such files, in accordance with the provisions of section 552a of title 5 and with other applicable laws and regulations pertaining to the privacy of the persons covered by the files.

(d)(1)The Secretary concerned shall withhold from personnel files under this section, as privileged information, debriefing reports provided by missing persons returned to United States control which are obtained under a promise of confidentiality made for the purpose of ensuring the fullest possible disclosure of information.

(2)The Secretary concerned shall withhold from personnel files under this section, as privileged information, any survival, evasion, resistance, and escape debriefing report provided by a person described in section 1501(c) of this title who is returned to United States control which is obtained under a promise of confidentiality made for the purpose of ensuring the fullest possible disclosure of information.

(3)If a debriefing report contains non-derogatory information about the status and whereabouts of a missing person other than the source of the debriefing report or about unnamed missing persons, the Secretary concerned shall prepare an extract of the non-derogatory information. That extract, following a review by the source of the debriefing report, shall be placed in the personnel file of each missing person named in the debriefing report in such a manner as to protect the identity of the source providing the information. Any information contained in the extract of the debriefing report that pertains to unnamed missing persons shall be made reasonably accessible to the primary next of kin, members of the immediate family, and the previously designated person.

(4)Whenever the Secretary concerned withholds a debriefing report, or part of a debriefing report, from a personnel file under this subsection, the Secretary shall ensure that the file contains a notice that withheld information exists.

(e)The Secretary concerned shall, upon request, make available the contents of the personnel file of a missing person to the primary next of kin, the other members of the immediate family, or any other previously designated person of the person.

(f)A record of the content of a debriefing of a missing person returned to United States control during the period beginning on July 8, 1959, and ending on February 10, 1996, that was conducted by an official of the United States authorized to conduct the debriefing is privileged information and, notwithstanding section 552 and 552a of title 5, may not be disclosed, in whole or in part, under either such section. However, this subsection does not limit the responsibility of the Secretary concerned under paragraphs (3) and (4) of subsection (d) to place extracts of non-derogatory information, or a notice of the existence of such information, in the personnel file of a missing person.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2013—Subsec. (d)(2) to (4). Pub. L. 113–66, § 582(a)(1), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Subsec. (f). Pub. L. 113–66, § 582(a)(2), substituted “paragraphs (3) and (4)” for “paragraphs (2) and (3)”. 2001—Subsec. (b)(2). Pub. L. 107–107 designated existing provisions as subpar. (A), inserted “of all missing persons from the conflict or period of war to which the classified information pertains” before period at end, and added subpar. (B). 1999—Subsec. (f). Pub. L. 106–65 added subsec. (f). 1997—Subsec. (b). Pub. L. 105–85, § 599(f), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). Subsec. (d)(2). Pub. L. 105–85, § 599(g)(1), inserted “or about unnamed missing persons” after “the debriefing report” in first sentence, substituted “each missing person named in the debriefing report” for “the missing person” in second sentence, and inserted at end “Any information contained in the extract of the debriefing report that pertains to unnamed missing persons shall be made reasonably accessible to the primary next of kin, members of the immediate family, and the previously designated person.” Subsec. (d)(3). Pub. L. 105–85, § 599(g)(2), inserted “, or part of a debriefing report,” after “a debriefing report”. 1996—Subsecs. (e), (f). Pub. L. 104–201 redesignated subsec. (f) as (e) and struck out former subsec. (e) which read as follows: “Wrongful Withholding.—Except as provided in subsections (a) through (d), any person who knowingly and willfully withholds from the personnel file of a missing person any information relating to the disappearance or whereabouts and status of a missing person shall be fined as provided in title 18 or imprisoned not more than one year, or both.”

§1506 Personnel files

Summary

Title 10, §1506

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata