PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 347 from a personnel file, the Secretary shall ensure that the file contains the following: "(1) A notice that the withheld information exists. "(2) A notice of the date of the most recent review of the classification of the withheld information. "(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 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) 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, 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 the missing person in such a manner as to protect the identity of the source providing the information. "(3) Whenever the Secretary concerned withholds 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) WRONGFUL WITHHOLDING. —Except as provided in subsections (a) through (d), any person who knowingly and willfully withholds from the personnel file of a missing person any information relating to the disappearance or whereabouts and status of a missing person shall be fined as provided in title 18 or imprisoned not more than one year, or both. " (f) 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.
- § 1507. Recommendation of status of death
"(a) REQUIREMENTS RELATING TO RECOMMENDATION. —^A board appointed under section 1503, 1504, or 1505 of this title may not recommend that a person be declared dead unless— "(1) credible evidence exists to suggest that the person is dead; "(2) the United States possesses no credible evidence that suggests that the person is alive; and "(3) representatives of the United States— "(A) have made a complete search of the area where the person was last seen (unless, after making a good faith effort to obtain access to such area, such representatives are not granted such access); and "(B) have examined the records of the government or entity having control over the area where the person was last seen (unless, after making a good faith effort