A bill to direct the heads of the departments and agencies of Federal Government to make available to the public information relating to members of the Armed Forces of the United States who are officially considered to be prisoners of war, missing in action (body not returned) by reason of certain wars of the United States.

Directs the Secretary of Defense to make public and transmit to the head of each Federal agency a list containing: (1) the name of each person who, as a result of service during World War II, the Korean conflict, or the Vietnam era, was officially considered by the Department of Defense (DOD) to be a prisoner of war, missing in action, or killed in action (body not returned); and (2) the official DOD status of such persons as of the date of the release of such information.

Directs the head of each Federal agency to review agency records and information for the purpose of discovering corroborating evidence relating to the location of such persons and to make available to the public a record of such information. Places certain national security and confidentiality limitations on the release of such information. Requires each agency to notify the congressional intelligence committees after determining that the release of certain information would result in harm to the health or safety of the listed person.

 
S 1127 IS
102d CONGRESS
1st Session
S. 1127
To direct the heads of the departments and agencies of the Federal Government
to make available to the public information relating to members of the Armed
Forces of the United States who are officially considered to be prisoners
of war, missing in action, or killed in action (body not returned) by reason
of certain wars of the United States.
IN THE SENATE OF THE UNITED STATES
May 22 (legislative day, APRIL 25), 1991
Mr. BYRAN introduced the following bill; which was read twice and referred
to the Committee on Armed Services
A BILL
To direct the heads of the departments and agencies of the Federal Government
to make available to the public information relating to members of the Armed
Forces of the United States who are officially considered to be prisoners
of war, missing in action, or killed in action (body not returned) by reason
of certain wars of the United States.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. PUBLIC RELEASE OF FEDERAL GOVERNMENT INFORMATION RELATING TO
MEMBERS OF THE ARMED FORCES OFFICIALLY CONSIDERED TO BE PRISONERS OF WAR,
MISSING IN ACTION, OR KILLED IN ACTION (BODY NOT RETURNED).
  (a) RELEASE OF LIST OF POWS, MIAS, AND CERTAIN KIAS- Except as provided in
  subsection (c), not later than one year after the date of the enactment
  of this Act, the Secretary of Defense shall make available to the public
  and transmit to the head of each department and agency of the Federal
  Government a list containing the following information:
  (1) The name of each person who, as a result of service as a member of the
  Armed Forces of the United States during World War II, the Korean conflict,
  or the Vietnam era, was officially considered (for Department of Defense
  purposes) to have the status of prisoner of war, missing in action, or
  killed in action (body not returned).
  (2) The official status (for Department of Defense purposes) of each such
  person as of the date on which the list is made available to the public.
  (b) RELEASE OF FEDERAL GOVERNMENT RECORDS ON POWS, MIAS, AND CERTAIN KIAS-
  (1) The head of each department and agency of the Federal Government shall
  review the records and information of the agency to determine whether the
  department or agency is in possession of any corroborating record or other
  corroborating information relating to the location of a person referred
  to in subsection (a)(1) who is officially considered (for Department of
  Defense purposes) to have a status referred to in subsection (c), the
  head of such department or agency shall make each such record or other
  information available to the public.
  (2) The head of a department or agency shall make available to the public
  a record or information referred to in paragraph (1)--
  (A) in the case of a record or information held or possessed by such
  department or agency on the date of the receipt of the list referred to
  in subsection (a), not later than one year after such date; and
  (B) in the case of the record or information received after such date,
  within 180 days after the date of the receipt of such record or information.
  (c) LIMITATIONS ON RELEASE OF INFORMATION- (1) The head of a department
  or agency--
  (A) may not make available to the public under this section any record
  or other information that is classified in the foreign policy or national
  security interests of the United States;
  (B) is not required under this section to make public any record or
  information relating to any person if the head of the department or agency
  determines that making such record or information available to the public
  would result in harm to the health or safety of that person; and
  (C) may not make available to the public under this section any record
  or other information if a surviving family member has filed with the
  Department of Defense a Request for Confidentiality concerning the person
  referred to in subsection (A)(1) who is officially considered to have a
  status referred to in such subsection.
  (2) Within 30 days after making a determination described in paragraph
  (1)(B), the head of a department or agency shall submit a notification
  of such determination to the Select Committee on Intelligence of the
  Senate and the Permanent Select Committee on Intelligence of the House
  of Representatives.
SEC. 2. DEFINITIONS.
  For the purposes of this Act--
  (1) The terms, `World War II', `Korean conflict', and `Vietnam era' shall
  have the meanings given such terms in paragraphs (8), (9), and (29) of
  section 101 of title 38, United States Code, respectively.
  (2) The term `corroborating', with respect to a record or other information,
  means any record or information that is considered to be valid by--
  (A) the heads of more than one department or agency of the Federal
  Government, or
  (B) one or more entities or organizations that have an interest in matters
  relating to members and former members of the armed forces officially
  considered (for Department of Defense purposes) to have a status as
  prisoners of war, missing in action, or killed in action (body not returned),
as determined by the head of the department or agency in possession of such
record or other information.