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10 U.S.C. § 1506 — Personnel files
Federal law — U.S. Code and appendices · legal_authorities
**(a) Information in Files.—** 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) Classified Information.—**
(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) Protection of Privacy.—** The Secretary concerned shall maintain personnel files under this section, and shall permit disclosure of or a
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Source file: Laws/federal/codes/united-states-code/title-10/section-1506-personnel-files--fa514a3985.md
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Source location: Title 10, Chapter 76, § 1506; chapter-076-missing-persons.md
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**(a) Information in Files.—** 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) Classified Information.—**
(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) Protection of Privacy.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim) and with other applicable laws and regulations pertaining to the privacy of the persons covered by the files.
**(d) Privileged Information.—**
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1501/c&num=0&edition=prelim) 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) Availability of Information.—** 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) Nondisclosure of Certain Information.—** 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 sections 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** For purposes of this section—
(1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title;
(2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence;
(3) the term “maintain” includes maintain, collect, use, or disseminate;
(4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;
(5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual;
(6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim);
(7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected;
(8) the term “matching program”—
(A) means any computerized comparison of—
(i) two or more automated systems of records or a system of records with non-Federal records for the purpose
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Required; Covered Conflicts.—** The Secretary of Defense shall implement a comprehensive, coordinated, integrated, and fully resourced program to account for persons described in subparagraph (A) or (B) of [section 1513(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1513/1&num=0&edition=prelim) who are unaccounted for from the following conflicts:
(1) World War II during the period beginning on December 7, 1941, and ending on December 31, 1946, including members of the armed forces who were lost during flight operations in the Pacific theater of operations covered by section 576 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; [10 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1501&num=0&edition=prelim) note).
(2) The Cold War during the period beginning on September 2, 1945, and ending on August 21, 1991.
(3) The Korean War during the period beginning on June 27, 1950, and ending on January 31, 1955.
(4) The Indochina War era during the period beginning on July 8, 1959, and ending on May 15, 1975.
(5) The Persian Gulf War during the period beginning on August 2, 1990, and ending on February 28, 1991.
(6) Such other conflicts in which members of the armed forces served as the Secretary of Defense may designate.
**(b) Implementation.—**
(1) The Secretary of Defense shall implement the program within the Department of Defense through the designated Agency Director.
(2)
(A) The Secretary shall assign or detail to the designated Defense Agency on a full-time basis a senior medical examiner from the personnel of the Armed Forces Medical Examiner System. The primary duties of the medical examiner so assigned or detailed shall inc
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1509
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Federal law — U.S. Code and appendices · legal_authorities
Page 1428
TITLE 10—ARMED FORCES
§ 1505
Subsec. (d)(4). Pub. L. 105–85, § 599(a)(3)(B), substituted
‘‘section 1503(c)(4)’’ for ‘‘section 1503(c)(3)’’.
Subsec. (f)(1). Pub. L. 105–85, § 599(d)(1), inserted at
end ‘‘The identity of counsel appointed under this para-
graph for a missing person shall be made known to the
missing person’s primary next of kin and any other pre-
viously designated person of the person.’’
Subsec. (i)(1). Pub. L. 105–85, § 1073(a)(30), substituted
‘‘this section’’ for ‘‘this subsection’’.
1996—Subsec. (d)(1). Pub. L. 104–201, § 578(a)(3)(A),
added text of par. (1) and struck out former text of par.
(1) which read as follows: ‘‘A board appointed under
this section shall be composed of at least three mem-
bers as follows:
‘‘(A) In the case of a board that will inquire into
the whereabouts and status of one or more members
of the armed forces (and no civilians described in sub-
paragraph (B)), the board shall be composed of offi-
cers having the grade of major or lieutenant com-
mander or above.
‘‘(B) In the case of a board that will inquire into the
whereabouts and status of one or more civilian em-
ployees of the Department of Defense or contractors
of the Department of Defense (and no members of the
armed forces), the board shall be composed of—
‘‘(i) not less than three employees of the Depart-
ment of Defense whose rate of annual pay is equal
to or greater than the rate of annual pay payable
for grade GS–13 of the General Schedule under sec-
tion 5332 of title 5; and
‘‘(ii) such members of the armed forces as the
Secretary considers advisable.
‘‘(C) In the case of a board that will inquire into the
whereabouts and status of both one or more members
of the armed forces and one or more civilians de-
scribed in subparagraph
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