Grounds for postponement of public disclosure of records

(a) In general Disclosure to the public of a missing Armed Forces and civilian personnel record or particular information in a missing Armed Forces and civilian personnel record created after the date that is 25 years before the date of the review of the missing Armed Forces and civilian personnel record by the Archivist may be postponed subject to the limitations under this Act only— (1) if— (A) it pertains to— (i) military plans, weapons systems, or operations; (ii) foreign government information; (iii) intelligence activities (including covert action), intelligence sources or methods, or cryptology; (iv) foreign relations or foreign activities of the United States, including confidential sources; (v) scientific, technological, or economic matters relating to the national security; (vi) United States Government programs for safeguarding nuclear materials or facilities; (vii) vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security; or (viii) the development, production, or use of weapons of mass destruction; and (B) the threat posed by the public disclosure of the missing Armed Forces and civilian personnel record or information is of such gravity that it outweighs the public interest in disclosure; (2) if the information is protected from disclosure under section 552(b) of title 5, United States Code (commonly known as the Freedom of Information Act); or (3) if it reveals information described in paragraphs (1) through (9) of section 3.3(b) of Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information). (b) Older records Disclosure to the public of a missing Armed Forces and civilian personnel record or particular information in a missing Armed Forces and civilian personnel record created on or before the date that is 25 years before the date of the review of the missing Armed Forces and civilian personnel record by the Archivist may be postponed subject to the limitations under this Act only if, as demonstrated by clear and convincing evidence— (1) the release of the information would be expected to— (A) reveal the identity of a confidential human source, a human intelligence source, a relationship with an intelligence or security service of a foreign government or international organization, or a nonhuman intelligence source, or impair the effectiveness of an intelligence method currently in use, available for use, or under development; (B) reveal information that would impair United States cryptologic systems or activities; (C) reveal formally named or numbered United States military war plans that remain in effect, or reveal operational or tactical elements of prior plans that are contained in such active plans; or (D) reveal information, including foreign government information, that would cause serious harm to relations between the United States and a foreign government, or to ongoing diplomatic activities of the United States; and (2) the threat posed by the public disclosure of the missing Armed Forces and civilian personnel record or information is of such gravity that it outweighs the public interest in disclosure. (c) Exception Regardless of the date on which a missing Armed Forces and civilian personnel record was created, disclosure to the public of information in the missing Armed Forces and civilian personnel record may be postponed if— (1) the public disclosure of the information would reveal the name or identity of a living person who provided confidential information to the United States and would pose a substantial risk of harm to that person, in accordance with section 552(b)(7)(D) of title 5, United States Code; (2) the public disclosure of the information could reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy is so substantial that it outweighs the public interest; (3) the public disclosure of the information could reasonably be expected to cause harm to the methods currently in use or available for use by members of the Armed Forces to survive, evade, resist, or escape; or (4) the public disclosure of such information would conflict with United States law, regulations, or executive orders, including any law, regulation, or executive order governing the disclosure of classified information.