Sec. 1082. DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED FOR UNITED STATES PERSONNEL OF THE COLD WAR, THE KOREAN CONFLICT, AND THE VIETNAM ERA
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## SEC. 1082 DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED FOR UNITED STATES PERSONNEL OF THE COLD WAR, THE KOREAN CONFLICT, AND THE VIETNAM ERA **[**[50 U.S.C. 401 note](/us/usc/t50/s401)**]** ###
(a)Public Availability of Information ####
(1)Except as provided in subsection (b), the Secretary of Defense shall, with respect to any information referred to in paragraph (2), place the information in a suitable library-like location within a facility within the National Capital region for public review and photocopying. ####
(2)Paragraph
(1)applies to any record, live-sighting report, or other information in the custody of the official custodian referred to in subsection (d)(3) that may pertain to the location, treatment, or condition of
(A)United States personnel who remain not accounted for as a result of service in the Armed Forces or other Federal Government service during the Korean conflict, the Vietnam era, or the Cold War, or
(B)their remains. ###
(b)Exceptions ####
(1)The Secretary of Defense may not make a record or other information available to the public pursuant to subsection
(a)if— #####
(A)the record or other information is exempt from the disclosure requirements of section 552 of title 5, United States Code, by reason of subsection
(b)of that section; or #####
(B)the record or other information is in a system of records exempt from the requirements of subsection
(d)of section 552a of such title pursuant to subsection
(j)or
(k)of that section. ####
(2)The Secretary of Defense may not make a record or other information available to the public pursuant to subsection
(a)if the record or other information specifically mentions a person by name unless— #####
(A)in the case of a person who is alive (and not incapacitated) and whose whereabouts are known, that person expressly consents in writing to the disclosure of the record or other information; or #####
(B)in the case of a person who is dead or incapacitated or whose whereabouts are unknown, a family member or family members of that person determined by the Secretary of Defense to be appropriate for such purpose expressly consent in writing to the disclosure of the record or other information. ####
(3)#####
(A)The limitation on disclosure in paragraph
(2)does not apply in the case of a person who is dead or incapacitated or whose whereabouts are unknown if the family member or members of that person determined pursuant to subparagraph
(B)of that paragraph cannot be located by the Secretary of Defense— ######
(i)in the case of a person missing from the Vietnam era, after a reasonable effort; and ######
(ii)in the case of a person missing from the Korean Conflict or Cold War, after a period of 90 days from the date on which any record or other information referred to in paragraph
(2)is received by the Department of Defense for disclosure review from the Archivist of the United States, the Library of Congress, or the Joint United States-Russian Commission on POW/MIAs. #####
(B)Paragraph
(2)does not apply to the access of an adult member of the family of a person to any record or information to the extent that the record or other information relates to that person. #####
(C)The authority of a person to consent to disclosure of a record or other information for the purposes of paragraph
(2)may be delegated to another person or an organization only by means of an express legal power of attorney granted by the person authorized by that paragraph to consent to the disclosure. ###
(c)Deadlines ####
(1)In the case of records or other information originated by the Department of Defense, the official custodian shall make such records and other information available to the public pursuant to this section not later than January 2, 1996. Such records or other information shall be made available as soon as a review carried out for the purposes of subsection
(b)is completed. ####
(2)Whenever, a department or agency of the Federal Government receives any record or other information referred to in subsection
(a)that is required by this section to be made available to the public, the head of that department or agency shall ensure that such record or other information is provided to the Secretary of Defense, and the Secretary shall make such record or other information available in accordance with subsection
(a)as soon as possible and, in any event, not later than one year after the date on which the record or information is received by the department or agency of the Federal Government. ####
(3)If the Secretary of Defense determines that the disclosure of any record or other information referred to in subsection
(a)by the date required by paragraph
(1)or
(2)may compromise the safety of any United States personnel referred to in subsection (a)(2) who remain not accounted for but who may still be alive in captivity, then the Secretary may withhold that record or other information from the disclosure otherwise required by this section. Whenever the Secretary makes a determination under the preceding sentence, the Secretary shall immediately notify the President and the Congress of that determination. ###
(d)Definitions For purposes of this section: ####
(1)The terms “**Korean conflict**” and “Vietnam era” have the meanings given those terms in section 101 of title 38, United States Code. ####
(2)The term “**Cold War**” means the period from the end of World War II to the beginning of the Korean conflict and the period from the end of the Korean conflict to the beginning of the Vietnam era. ####
(3)The term “**official custodian**” means— #####
(A)in the case of records, reports, and information relating to the Korean conflict or the Cold War, the Archivist of the United States; and #####
(B)in the case of records, reports, and information relating to the Vietnam era, the Secretary of Defense.
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Sec. 1082
DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED FOR UNITED STATES PERSONNEL OF THE COLD WAR, THE KOREAN CONFLICT, AND THE VIETNAM ERA
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