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1991-10-29
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blt-j.txt
101 CONGRESS
1ST SESSION
H.R. 3603
A BILL
To direct the heads of Federal departments and agencies to
discloseinformation concerning United States personnel classified as
prisoners ofwar or missing in action from World War II, the Korean conflict,
and theVietnam conflict.
Be it enacted by the Senate and House of Representatives of the United
Statesof America in Congress assembled,
SEC.1. DISCLOSURE OF INFORMATION CONCERNING UNITEDSTATES PERSONNEL
CLASSIFIED AS PRISONEROF WAR OR MISSING IN ACTION FROM WORLDWAR II, THE
KOREAN CONFLICT, AND THE VIETNAM CONFLICT.
(a) Information To Be Disclosed.--Except as provided in subsection (b),
thehead of each department or agency which holds or receives any records
and information, including live-sighting reports, which have been
correlatedor possibly correlated to United States personnel listed as
prisoner of waror missing in action from World War II, the Korean conflict,
and the Vietnamconflict shall make available to the public all such records
and informationheld or received by that department or agency. In addition,
the Department ofDefense shall make available to the public with its records
and information acomplete listing of United States personnel classified as
prisoner of war,missing in action, or killed in action (body not returned)
from World War II,the Korean conflict, and the Vietnam conflict. This
listing shall include thecurrent classification for each service member as
well as any changes whichmay have occurred in the service member's
classification during or after theconclusion of hostilities of World War II,
the Korean conflict, and theVietnam conflict.
(b) Exceptions To Subsection (a).__ As follows:
(1) Does not apply with respect to information that would reveal sources and
methods of intelligence collection that when released would
compromise national security. By definition, the existence or possible
existence of persons of American parentage in communist countries shall not
be interpreted as compromising national security.
(2) No records or information, including fatality reports, which
specifically mention a United States service member by name and does not
correlate or possibly correlate to circumstances which may involve United
States personnel listed as prisoner of war or missing in action shall be made
available to the public without the expressed written consent of the closest
living relative. This proscription in no way limits the access of that family
member to the information. This authority may not be delegated to any other
person ororganization without express legal power of attorney from the
closest living relative.
(c) Deadline.-- As follows:(1) The head of each department or agency covered
in subsection (a) shall make records and information available not later than
one hundred and eighty days after the date of enactment of this Act.
(2) When the head of each department or agency covered in subsection
(a)receives records and information after the date of enactment of this
Act, such records, and information shall be made available not later than
one hundred and eighty days after it is received by the department or agency.
(d) Exceptions To Deadline.-- If the head of a department or agency
determines that release of certain records and information after the
deadlines insubsection (c) will compromise the safety of the United States
personnel known or thought to be held prisoner of war, then such a
determination once made must be immediately reported to and is subject to the
review of the appropriate intelligence committees of the United States
Congress and the President of the United States.