Declassification of information concerning United States personnel classified as prisoner of war or missing in action during certain conflicts

(a) Declassification of information (1) In general Except as provided in subsection (b), the Secretary of Defense shall declassify any information referred to in paragraph (2), or, if such declassification is not possible, make such information available to family members to review. (2) Information covered (A) In general Paragraph (1) applies to any record, live-sighting report, or other information in the custody of the Department of Defense that relates to the location, treatment, or condition of any POW/MIA from World War II, the Korean War, or the Vietnam War on or after the date on which such individual passed from United States control into a status classified as a prisoner of war or missing in action, as the case may be, until that individual is returned to United States control. (B) POW/MIA defined For purposes of this section, a POW/MIA from World War II, the Korean War, or the Vietnam War is any member of the Armed Forces or civilian employee of the United States who was at any time classified as a prisoner of war or missing in action during World War II, the Korean War, or the Vietnam War and whose person or remains have not been returned to United States control. (b) Declassification limitation (1) Consent requirement (A) In general The Secretary of Defense may not declassify 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— (i) 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 declassification of the record or other information; or (ii) 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 declassification of the record or other information. (B) Limitation on delegation The authority of a person to consent to disclosure of a record or other information for the purposes of subparagraph (A) 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. (2) Exceptions to limitation The limitation on disclosure in subparagraph (A) of paragraph (1) does not apply— (A) 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 such subparagraph cannot be located after a reasonable effort; or (B) 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) Deadlines (1) In general In the case of records or other information that are required by subsection (a) to be declassified and that are in the custody of the Department of Defense on the date of the enactment of this Act, the Secretary shall declassify such records and other information pursuant to this section not later than three years after such date. Such records or other information shall be declassified as soon as a review carried out for the purposes of subsection (b) is completed. (2) Authority to withhold If the Secretary of Defense determines that the declassification of any record or other information referred to in subsection (a) by the date required by paragraph (1) may compromise the safety of a POW/MIA who may still be alive in the area of conflict, 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 Congress of that determination. (d) Cooperation with other agencies The Secretary of Defense shall work with the heads of other Federal departments and agencies to address the disposition of records in possession of such agencies, including records received or discovered after the deadlines referred to in subsection (c).