§1506 Personnel Files

Summary

Make the missing person’s personnel file include, as much as possible, every piece of U.S. information about how and when the person disappeared, where they might be, and their status, except for the limits below. The Secretary may keep classified items out of the file, but the file must say that some classified material exists and show the date when its classification was last reviewed. If the classified material mentions unnamed missing people from a particular conflict or war, family members (the primary next of kin, immediate family, or a previously designated person) must be able to get notice of that withheld material and its review date by asking to see a separate file or the missing person’s file. Files must be kept and shared under section 552a of title 5 and other privacy laws. Debriefings given by returned missing persons that were promised to be confidential are privileged and may be kept out of files. The same rule covers survival, evasion, resistance, and escape debriefings for persons described in section 1501(c). If a debriefing has non-derogatory information about other named or unnamed missing people, an extract of that harmless information must be prepared, reviewed by the source, and put into the appropriate personnel files without revealing the source’s identity; information about unnamed missing people must be made reasonably accessible to family. Whenever any debriefing or part of one is withheld, the file must note that withheld information exists. Records of debriefings done by U.S. officials between July 8, 1959, and February 10, 1996, are privileged and may not be disclosed under sections 552 and 552a of title 5, but the duties to provide extracts or notices still apply. Upon request, the file contents must be made available to the primary next of kin, other immediate family members, or any previously designated person.