US (United States) Code. Title 10. Subtitle A: General Military Law. Part II. Chapter 76: Missing persons

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 76 - MISSING PERSONS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 76 - MISSING PERSONS

.

-HEAD-

CHAPTER 76 - MISSING PERSONS

-MISC1-

Sec.

1501. System for accounting for missing persons.

1502. Missing persons: initial report.

1503. Actions of Secretary concerned; initial board inquiry.

1504. Subsequent board of inquiry.

1505. Further review.

1506. Personnel files.

1507. Recommendation of status of death.

1508. Judicial review.

1509. Preenactment cases.

1510. Applicability to Coast Guard.

1511. Return alive of person declared missing or dead.

1512. Effect on State law.

1513. Definitions.

AMENDMENTS

1996 - Pub. L. 104-201, div. A, title V, Sec. 578(f)(2)(B),

Sept. 23, 1996, 110 Stat. 2537, struck out '', special interest''

after ''Preenactment'' in item 1509.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 655 of this title; title

37 sections 552, 553.

-CITE-

10 USC Sec. 1501 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 76 - MISSING PERSONS

-HEAD-

Sec. 1501. System for accounting for missing persons

-STATUTE-

(a) Office for Missing Personnel. - (1) The Secretary of Defense

shall establish within the Office of the Secretary of Defense an

office to have responsibility for Department of Defense policy

relating to missing persons. Such office shall be known as the

Defense Prisoner of War/Missing Personnel Office. Subject to the

authority, direction, and control of the Secretary of Defense, the

responsibilities of the office shall include -

(A) policy, control, and oversight within the Department of

Defense of the entire process for investigation and recovery

related to missing persons (including matters related to search,

rescue, escape, and evasion); and

(B) coordination for the Department of Defense with other

departments and agencies of the United States on all matters

concerning missing persons.

(2) In carrying out the responsibilities of the office

established under this subsection, the head of the office shall be

responsible for the coordination for such purposes within the

Department of Defense among the military departments, the Joint

Staff, and the commanders of the combatant commands.

(3) The office shall establish policies, which shall apply

uniformly throughout the Department of Defense, for personnel

recovery (including search, rescue, escape, and evasion).

(4) The office shall establish procedures to be followed by

Department of Defense boards of inquiry, and by officials reviewing

the reports of such boards, under this chapter.

(5)(A) The Secretary of Defense shall ensure that the office is

provided sufficient military and civilian personnel, and sufficient

funding, to enable the office to fully perform the complete range

of missions of the office. The Secretary shall ensure that

Department of Defense programming, planning, and budgeting

procedures are structured so as to ensure compliance with the

preceding sentence for each fiscal year.

(B) For any fiscal year, the number of military and civilian

personnel assigned or detailed to the office may not be less than

the number requested in the President's budget for fiscal year

2003, unless a level below such number is expressly required by

law.

(C) For any fiscal year, the level of funding allocated to the

office within the Department of Defense may not be below the level

requested for such purposes in the President's budget for fiscal

year 2003, unless such a level of funding is expressly required by

law.

(b) Uniform DoD Procedures. - (1) The Secretary of Defense shall

prescribe procedures, to apply uniformly throughout the Department

of Defense, for -

(A) the determination of the status of persons described in

subsection (c); and

(B) for the systematic, comprehensive, and timely collection,

analysis, review, dissemination, and periodic update of

information related to such persons.

(2) Such procedures may provide for the delegation by the

Secretary of Defense of any responsibility of the Secretary under

this chapter to the Secretary of a military department.

(3) Such procedures shall be prescribed in a single directive

applicable to all elements of the Department of Defense.

(4) As part of such procedures, the Secretary may provide for the

extension, on a case-by-case basis, of any time limit specified in

section 1502, 1503, or 1504 of this title. Any such extension may

not be for a period in excess of the period with respect to which

the extension is provided. Subsequent extensions may be provided

on the same basis.

(c) Covered Persons. - (1) Section 1502 of this title applies in

the case of any member of the armed forces on active duty -

(A) who becomes involuntarily absent as a result of a hostile

action or under circumstances suggesting that the involuntary

absence is a result of a hostile action; and

(B) whose status is undetermined or who is unaccounted for.

(2) Section 1502 of this title applies in the case of any other

person who is a citizen of the United States and a civilian officer

or employee of the Department of Defense or (subject to paragraph

(3)) an employee of a contractor of the Department of Defense -

(A) who serves in direct support of, or accompanies, the armed

forces in the field under orders and becomes involuntarily absent

as a result of a hostile action or under circumstances suggesting

that the involuntary absence is a result of a hostile action; and

(B) whose status is undetermined or who is unaccounted for.

(3) The Secretary of Defense shall determine, with regard to a

pending or ongoing military operation, the specific employees, or

groups of employees, of contractors of the Department of Defense to

be considered to be covered by this subsection.

(d) Primary Next of Kin. - The individual who is primary next of

kin of any person described in subsection (c) may for purposes of

this chapter designate another individual to act on behalf of that

individual as primary next of kin. The Secretary concerned shall

treat an individual so designated as if the individual designated

were the primary next of kin for purposes of this chapter. A

designation under this subsection may be revoked at any time by the

person who made the designation.

(e) Termination of Applicability of Procedures When Missing

Person Is Accounted for. - The provisions of this chapter relating

to boards of inquiry and to the actions by the Secretary concerned

on the reports of those boards shall cease to apply in the case of

a missing person upon the person becoming accounted for or

otherwise being determined to be in a status other than missing.

(f) Secretary Concerned. - In this chapter, the term ''Secretary

concerned'' includes, in the case of a civilian officer or employee

of the Department of Defense or an employee of a contractor of the

Department of Defense, the Secretary of the military department or

head of the element of the Department of Defense employing the

officer or employee or contracting with the contractor, as the case

may be.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 569(b)(1), Feb. 10,

1996, 110 Stat. 336; amended Pub. L. 104-201, div. A, title V,

Sec. 578(a)(1), Sept. 23, 1996, 110 Stat. 2536; Pub. L. 105-85,

div. A, title V, Sec. 599(a)(1), Nov. 18, 1997, 111 Stat. 1766;

Pub. L. 106-65, div. A, title X, Sec. 1066(a)(13), Oct. 5, 1999,

113 Stat. 771; Pub. L. 107-314, div. A, title V, Sec. 551, Dec. 2,

2002, 116 Stat. 2551.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-314, Sec. 551(b), inserted

''Such office shall be known as the Defense Prisoner of War/Missing

Personnel Office.'' after first sentence.

Subsec. (a)(5). Pub. L. 107-314, Sec. 551(a), added par. (5).

1999 - Subsec. (d). Pub. L. 106-65 substituted ''described'' for

''prescribed'' in first sentence.

1997 - Subsec. (c). Pub. L. 105-85, Sec. 599(a)(1)(A), added

subsec. (c) and struck out former subsec. (c) which read as

follows:

''(c) Covered Persons. - Section 1502 of this title applies in

the case of any member of the armed forces on active duty who

becomes involuntarily absent as a result of a hostile action, or

under circumstances suggesting that the involuntary absence is a

result of a hostile action, and whose status is undetermined or who

is unaccounted for.''

Subsec. (f). Pub. L. 105-85, Sec. 599(a)(1)(B), added subsec.

(f).

1996 - Subsec. (c). Pub. L. 104-201, Sec. 578(a)(1)(A),

substituted ''applies in the case of'' for ''applies in the case of

the following persons:'' and ''any member'' for ''(1) Any member''

and struck out par. (2) which read as follows: ''Any civilian

employee of the Department of Defense, and any employee of a

contractor of the Department of Defense, who serves with or

accompanies the armed forces in the field under orders who becomes

involuntarily absent as a result of a hostile action, or under

circumstances suggesting that the involuntary absence is a result

of a hostile action, and whose status is undetermined or who is

unaccounted for.''

Subsec. (f). Pub. L. 104-201, Sec. 578(a)(1)(B), struck out

subsec. (f) which read as follows:

''(f) Secretary Concerned. - In this chapter, the term 'Secretary

concerned' includes, in the case of a civilian employee of the

Department of Defense or contractor of the Department of Defense,

the Secretary of the military department or head of the element of

the Department of Defense employing the employee or contracting

with the contractor, as the case may be.''

RECOVERY AND IDENTIFICATION OF REMAINS OF CERTAIN WORLD WAR II

SERVICEMEN LOST IN PACIFIC THEATER OF OPERATIONS

Pub. L. 106-65, div. A, title V, Sec. 576, Oct. 5, 1999, 113

Stat. 624, as amended by Pub. L. 107-107, div. A, title X, Sec.

1048(g)(3), Dec. 28, 2001, 115 Stat. 1228, provided that:

''(a) Recovery of Remains. - (1) The Secretary of Defense shall

make every reasonable effort to search for, recover, and identify

the remains of United States servicemen lost in the Pacific theater

of operations during World War II (including in New Guinea) while

engaged in flight operations.

''(2) In order to provide high priority to carrying out paragraph

(1), the Secretary of Defense shall consider increasing the number

of personnel assigned to the Central Identification Laboratory,

Hawaii.

''(3) Not later than September 30, 2000, the Secretary shall

submit to Congress a report setting forth the efforts made to

accomplish the objectives specified in paragraph (1). The Secretary

shall include in the report a statement of the backlog of cases at

the Central Identification Laboratory, Hawaii, shown by conflict,

and the status of the joint manning plan required by section 566(c)

of the Strom Thurmond National Defense Authorization Act for Fiscal

Year 1999 (Public Law 105-261; 112 Stat. 2029).

''(b) Diplomatic Intervention if Required. - The Secretary of

State, upon request by the Secretary of Defense, shall work with

officials of governments of nations in the area that was covered by

the Pacific theater of operations of World War II to seek to

overcome any diplomatic obstacles that may impede the Secretary of

Defense from carrying out the objectives specified in subsection

(a)(1).''

POW/MIA INTELLIGENCE ANALYSIS

Pub. L. 105-85, div. A, title IX, Sec. 934, Nov. 18, 1997, 111

Stat. 1866, as amended by Pub. L. 106-65, div. A, title X, Sec.

1066(c)(4), Oct. 5, 1999, 113 Stat. 773, provided that:

''(a) Intelligence Analysis. - The Director of Central

Intelligence, in consultation with the Secretary of Defense, shall

provide intelligence analysis on matters concerning prisoners of

war and missing persons (as defined in chapter 76 of title 10,

United States Code) to all departments and agencies of the Federal

Government involved in such matters.

''(b) Use of Intelligence in Analysis of POW/MIA Cases in

Department of Defense. - The Secretary of Defense shall ensure that

the Defense Prisoner of War/Missing Personnel Office of the

Department of Defense takes into full account all intelligence

regarding matters concerning prisoners of war and missing persons

(as defined in chapter 76 of title 10, United States Code) in

analyzing cases involving such persons.''

CONGRESSIONAL STATEMENT OF PURPOSE

Section 569(a) of Pub. L. 104-106 provided that: ''The purpose of

this section (enacting this chapter and section 655 of this title,

amending sections 552, 553, 555, and 556 of Title 37, Pay and

Allowances of the Uniformed Services, and enacting provisions set

out as a note under section 5561 of Title 5, Government

Organization and Employees) is to ensure that any member of the

Armed Forces (and any Department of Defense civilian employee or

contractor employee who serves with or accompanies the Armed Forces

in the field under orders) who becomes missing or unaccounted for

is ultimately accounted for by the United States and, as a general

rule, is not declared dead solely because of the passage of time.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1502, 1505, 1510 of this

title.

-CITE-

10 USC Sec. 1502 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 76 - MISSING PERSONS

-HEAD-

Sec. 1502. Missing persons: initial report

-STATUTE-

(a) Preliminary Assessment and Recommendation by Commander. -

After receiving information that the whereabouts and status of a

person described in section 1501(c) of this title is uncertain and

that the absence of the person may be involuntary, the commander of

the unit, facility, or area to or in which the person is assigned

shall make a preliminary assessment of the circumstances. If, as a

result of that assessment, the commander concludes that the person

is missing, the commander shall -

(1) recommend that the person be placed in a missing status;

and

(2) not later than 10 days after receiving such information,

transmit a report containing that recommendation to the Secretary

concerned in accordance with procedures prescribed under section

1501(b) of this title.

(b) Transmission of Advisory Copy to Theater Component Commander.

- When transmitting a report under subsection (a)(2) recommending

that a person be placed in a missing status, the commander

transmitting that report shall transmit an advisory copy of the

report to the theater component commander with jurisdiction over

the missing person.

(c) Safeguarding and Forwarding of Records. - A commander making

a preliminary assessment under subsection (a) with respect to a

missing person shall (in accordance with procedures prescribed

under section 1501 of this title) safeguard and forward for

official use any information relating to the whereabouts and status

of the missing person that results from the preliminary assessment

or from actions taken to locate the person.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 569(b)(1), Feb. 10,

1996, 110 Stat. 338; amended Pub. L. 104-201, div. A, title V,

Sec. 578(b)(1), Sept. 23, 1996, 110 Stat. 2536; Pub. L. 105-85,

div. A, title V, Sec. 599(b)(1), Nov. 18, 1997, 111 Stat. 1768.)

-MISC1-

AMENDMENTS

1997 - Subsecs. (b), (c). Pub. L. 105-85 added subsec. (b) and

redesignated former subsec. (b) as (c).

1996 - Subsec. (a)(2). Pub. L. 104-201, Sec. 578(b)(1)(A),

substituted ''10 days'' for ''48 hours'' and ''Secretary

concerned'' for ''theater component commander with jurisdiction

over the missing person''.

Subsec. (b). Pub. L. 104-201, Sec. 578(b)(1)(D), struck out at

end ''The theater component commander through whom the report with

respect to the missing person is transmitted under subsection (b)

shall ensure that all pertinent information relating to the

whereabouts and status of the missing person that results from the

preliminary assessment or from actions taken to locate the person

is properly safeguarded to avoid loss, damage, or modification.''

Pub. L. 104-201, Sec. 578(b)(1)(B), (C), redesignated subsec. (c)

as (b) and struck out former subsec. (b) which read as follows:

''Transmission Through Theater Component Commander. - Upon

reviewing a report under subsection (a) recommending that a person

be placed in a missing status, the theater component commander

shall ensure that all necessary actions are being taken, and all

appropriate assets are being used, to resolve the status of the

missing person. Not later than 14 days after receiving the report,

the theater component commander shall forward the report to the

Secretary of Defense or the Secretary concerned in accordance with

procedures prescribed under section 1501(b) of this title. The

theater component commander shall include with such report a

certification that all necessary actions are being taken, and all

appropriate assets are being used, to resolve the status of the

missing person.''

Subsec. (c). Pub. L. 104-201, Sec. 578(b)(1)(C), redesignated

subsec. (c) as (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1501, 1503, 1504 of this

title; title 37 section 555.

-CITE-

10 USC Sec. 1503 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 76 - MISSING PERSONS

-HEAD-

Sec. 1503. Actions of Secretary concerned; initial board inquiry

-STATUTE-

(a) Determination by Secretary. - Upon receiving a recommendation

under section 1502(a) of this title that a person be placed in a

missing status, the Secretary receiving the recommendation shall

review the recommendation and, not later than 10 days after

receiving such recommendation, shall appoint a board under this

section to conduct an inquiry into the whereabouts and status of

the person.

(b) Inquiries Involving More Than One Missing Person. - If it

appears to the Secretary who appoints a board under this section

that the absence or missing status of two or more persons is

factually related, the Secretary may appoint a single board under

this section to conduct the inquiry into the whereabouts and status

of all such persons.

(c) Composition. - (1) A board appointed under this section to

inquire into the whereabouts and status of a person shall consist

of at least one individual described in paragraph (2) who has

experience with and understanding of military operations or

activities similar to the operation or activity in which the person

disappeared.

(2) An individual referred to in paragraph (1) is the following:

(A) A military officer, in the case of an inquiry with respect

to a member of the armed forces.

(B) A civilian, in the case of an inquiry with respect to a

civilian employee of the Department of Defense or of a contractor

of the Department of Defense.

(3) An individual may be appointed as a member of a board under

this section only if the individual has a security clearance that

affords the individual access to all information relating to the

whereabouts and status of the missing persons covered by the

inquiry.

(4) A Secretary appointing a board under this subsection shall,

for purposes of providing legal counsel to the board, assign to the

board a judge advocate, or appoint to the board an attorney, who

has expertise in the law relating to missing persons, the

determination of death of such persons, and the rights of family

members and dependents of such persons.

(d) Duties of Board. - A board appointed to conduct an inquiry

into the whereabouts and status of a missing person under this

section shall -

(1) collect, develop, and investigate all facts and evidence

relating to the disappearance or whereabouts and status of the

person;

(2) collect appropriate documentation of the facts and evidence

covered by the board's investigation;

(3) analyze the facts and evidence, make findings based on that

analysis, and draw conclusions as to the current whereabouts and

status of the person; and

(4) with respect to each person covered by the inquiry,

recommend to the Secretary who appointed the board that -

(A) the person be placed in a missing status; or

(B) the person be declared to have deserted, to be absent

without leave, or (subject to the requirements of section 1507

of this title) to be dead.

(e) Board Proceedings. - During the proceedings of an inquiry

under this section, a board shall -

(1) collect, record, and safeguard all facts, documents,

statements, photographs, tapes, messages, maps, sketches,

reports, and other information (whether classified or

unclassified) relating to the whereabouts and status of each

person covered by the inquiry;

(2) gather information relating to actions taken to find the

person, including any evidence of the whereabouts and status of

the person arising from such actions; and

(3) maintain a record of its proceedings.

(f) Counsel for Missing Person. - (1) The Secretary appointing a

board to conduct an inquiry under this section shall appoint

counsel to represent each person covered by the inquiry or, in a

case covered by subsection (b), one counsel to represent all

persons covered by the inquiry. Counsel appointed under this

paragraph may be referred to as ''missing person's counsel'' and

represents the interests of the person covered by the inquiry (and

not any member of the person's family or other interested

parties). The identity of counsel appointed under this paragraph

for a missing person shall be made known to the missing person's

primary next of kin and any other previously designated person of

the person.

(2) To be appointed as a missing person's counsel, a person must

-

(A) have the qualifications specified in section 827(b) of this

title (article 27(b) of the Uniform Code of Military Justice) for

trial counsel or defense counsel detailed for a general

court-martial;

(B) have a security clearance that affords the counsel access

to all information relating to the whereabouts and status of the

person or persons covered by the inquiry; and

(C) have expertise in the law relating to missing persons, the

determination of the death of such persons, and the rights of

family members and dependents of such persons.

(3) A missing person's counsel -

(A) shall have access to all facts and evidence considered by

the board during the proceedings under the inquiry for which the

counsel is appointed;

(B) shall observe all official activities of the board during

such proceedings;

(C) may question witnesses before the board; and

(D) shall monitor the deliberations of the board.

(4) A missing person's counsel shall assist the board in ensuring

that all appropriate information concerning the case is collected,

logged, filed, and safeguarded. The primary next of kin of a

missing person and any other previously designated person of the

missing person shall have the right to submit information to the

missing person's counsel relative to the disappearance or status of

the missing person.

(5) A missing person's counsel shall review the report of the

board under subsection (h) and submit to the Secretary concerned

who appointed the board an independent review of that report. That

review shall be made an official part of the record of the board.

(g) Access to Proceedings. - The proceedings of a board during an

inquiry under this section shall be closed to the public

(including, with respect to the person covered by the inquiry, the

primary next of kin, other members of the immediate family, and any

other previously designated person of the person).

(h) Report. - (1) A board appointed under this section shall

submit to the Secretary who appointed the board a report on the

inquiry carried out by the board. The report shall include -

(A) a discussion of the facts and evidence considered by the

board in the inquiry;

(B) the recommendation of the board under subsection (d) with

respect to each person covered by the report; and

(C) disclosure of whether classified documents and information

were reviewed by the board or were otherwise used by the board in

forming recommendations under subparagraph (B).

(2) A board shall submit a report under this subsection with

respect to the inquiry carried out by the board not later than 30

days after the date of the appointment of the board to carry out

the inquiry. The report may include a classified annex.

(3) The Secretary of Defense shall prescribe procedures for the

release of a report submitted under this subsection with respect to

a missing person. Such procedures shall provide that the report

may not be made public (except as provided for in subsection (j))

until one year after the date on which the report is submitted.

(i) Determination by Secretary. - (1) Not later than 30 days

after receiving a report from a board under subsection (h), the

Secretary receiving the report shall review the report.

(2) In reviewing a report under paragraph (1), the Secretary

shall determine whether or not the report is complete and free of

administrative error. If the Secretary determines that the report

is incomplete, or that the report is not free of administrative

error, the Secretary may return the report to the board for further

action on the report by the board.

(3) Upon a determination by the Secretary that a report reviewed

under this subsection is complete and free of administrative error,

the Secretary shall make a determination concerning the status of

each person covered by the report, including whether the person

shall -

(A) be declared to be missing;

(B) be declared to have deserted;

(C) be declared to be absent without leave; or

(D) be declared to be dead.

(j) Report to Family Members and Other Interested Persons. - Not

later than 30 days after the date on which the Secretary concerned

makes a determination of the status of a person under subsection

(i), the Secretary shall take reasonable actions to -

(1) provide to the primary next of kin, the other members of

the immediate family, and any other previously designated person

of the person -

(A) an unclassified summary of the unit commander's report

with respect to the person under section 1502(a) of this title;

and

(B) the report of the board (including the names of the

members of the board) under subsection (h); and

(2) inform each individual referred to in paragraph (1) that

the United States will conduct a subsequent inquiry into the

whereabouts and status of the person on or about one year after

the date of the first official notice of the disappearance of the

person, unless information becomes available sooner that may

result in a change in status of the person.

(k) Treatment of Determination. - Any determination of the status

of a missing person under subsection (i) shall be treated as the

determination of the status of the person by all departments and

agencies of the United States.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 569(b)(1), Feb. 10,

1996, 110 Stat. 338; amended Pub. L. 104-201, div. A, title V,

Sec. 578(a)(2), (b)(2), Sept. 23, 1996, 110 Stat. 2536; Pub. L.

105-85, div. A, title V, Sec. 599(a)(2), (d), Nov. 18, 1997, 111

Stat. 1767, 1769.)

-MISC1-

AMENDMENTS

1997 - Subsec. (c)(1). Pub. L. 105-85, Sec. 599(a)(2)(A),

substituted ''one individual described in paragraph (2)'' for ''one

military officer''.

Subsec. (c)(2) to (4). Pub. L. 105-85, Sec. 599(a)(2)(B), (C),

added par. (2) and redesignated former pars. (2) and (3) as (3) and

(4), respectively.

Subsec. (f)(1). Pub. L. 105-85, Sec. 599(d)(1), inserted at end

''The identity of counsel appointed under this paragraph for a

missing person shall be made known to the missing person's primary

next of kin and any other previously designated person of the

person.''

Subsec. (f)(4). Pub. L. 105-85, Sec. 599(d)(2), inserted at end

''The primary next of kin of a missing person and any other

previously designated person of the missing person shall have the

right to submit information to the missing person's counsel

relative to the disappearance or status of the missing person.''

1996 - Subsec. (a). Pub. L. 104-201, Sec. 578(b)(2), substituted

''section 1502(a)'' for ''section 1502(b)''.

Subsec. (c)(1). Pub. L. 104-201, Sec. 578(a)(2)(A), substituted

''one military officer'' for ''one individual described in

paragraph (2)''.

Subsec. (c)(2) to (4). Pub. L. 104-201, Sec. 578(a)(2)(B), (C),

redesignated pars. (3) and (4) as (2) and (3), respectively, and

struck out former par. (2) which read as follows: ''An individual

referred to in paragraph (1) is the following:

''(A) A military officer, in the case of an inquiry with

respect to a member of the armed forces.

''(B) A civilian, in the case of an inquiry with respect to a

civilian employee of the Department of Defense or of a contractor

of the Department of Defense.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1501, 1504, 1507 of this

title.

-CITE-

10 USC Sec. 1504 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 76 - MISSING PERSONS

-HEAD-

Sec. 1504. Subsequent board of inquiry

-STATUTE-

(a) Additional Board. - If information that may result in a

change of status of a person covered by a determination under

section 1503(i) of this title becomes available within one year

after the date of the transmission of a report with respect to the

person under section 1502(a)(2) of this title, the Secretary

concerned shall appoint a board under this section to conduct an

inquiry into the information.

(b) Date of Appointment. - The Secretary concerned shall appoint

a board under this section to conduct an inquiry into the

whereabouts and status of a missing person on or about one year

after the date of the transmission of a report concerning the

person under section 1502(a)(2) of this title.

(c) Combined Inquiries. - If it appears to the Secretary

concerned that the absence or status of two or more persons is

factually related, the Secretary may appoint one board under this

section to conduct the inquiry into the whereabouts and status of

such persons.

(d) Composition. - (1) A board appointed under this section shall

be composed of at least three members as follows:

(A) In the case of a board that will inquire into the

whereabouts and status of one or more members of the armed forces

(and no civilians described in subparagraph (B)), the board shall

be composed of officers having the grade of major or lieutenant

commander or above.

(B) In the case of a board that will inquire into the

whereabouts and status of one or more civilian employees of the

Department of Defense or contractors of the Department of Defense

(and no members of the armed forces), the board shall be composed

of -

(i) not less than three employees of the Department of

Defense whose rate of annual pay is equal to or greater than

the rate of annual pay payable for grade GS-13 of the General

Schedule under section 5332 of title 5; and

(ii) such members of the armed forces as the Secretary

considers advisable.

(C) In the case of a board that will inquire into the

whereabouts and status of both one or more members of the armed

forces and one or more civilians described in subparagraph (B) -

(i) the board shall include at least one officer described in

subparagraph (A) and at least one employee of the Department of

Defense described in subparagraph (B)(i); and

(ii) the ratio of such officers to such employees on the

board shall be roughly proportional to the ratio of the number

of members of the armed forces who are subjects of the board's

inquiry to the number of civilians who are subjects of the

board's inquiry.

(2) The Secretary concerned shall designate one member of a board

appointed under this section as president of the board. The

president of the board shall have a security clearance that affords

the president access to all information relating to the whereabouts

and status of each person covered by the inquiry.

(3) One member of each board appointed under this subsection

shall be an individual who -

(A) has an occupational specialty similar to that of one or

more of the persons covered by the inquiry; and

(B) has an understanding of and expertise in the type of

official activities that one or more such persons were engaged in

at the time such person or persons disappeared.

(4) The Secretary who appoints a board under this subsection

shall, for purposes of providing legal counsel to the board, assign

to the board a judge advocate, or appoint to the board an attorney,

with the same qualifications as specified in section 1503(c)(4) of

this title.

(e) Duties of Board. - A board appointed under this section to

conduct an inquiry into the whereabouts and status of a person

shall -

(1) review the reports with respect to the person transmitted

under section 1502(a)(2) of this title and submitted under

section 1503(h) of this title;

(2) collect and evaluate any document, fact, or other evidence

with respect to the whereabouts and status of the person that has

become available since the determination of the status of the

person under section 1503 of this title;

(3) draw conclusions as to the whereabouts and status of the

person;

(4) determine on the basis of the activities under paragraphs

(1) and (2) whether the status of the person should be continued

or changed; and

(5) submit to the Secretary concerned a report describing the

findings and conclusions of the board, together with a

recommendation for a determination by the Secretary concerning

the whereabouts and status of the person.

(f) Counsel for Missing Persons. - (1) When the Secretary

concerned appoints a board to conduct an inquiry under this

section, the Secretary shall appoint counsel to represent each

person covered by the inquiry. The identity of counsel appointed

under this paragraph for a missing person shall be made known to

the missing person's primary next of kin and any other previously

designated person of the person.

(2) A person appointed as counsel under this subsection shall

meet the qualifications and have the duties set forth in section

1503(f) of this title for a missing person's counsel appointed

under that section.

(3) The review of the report of a board on an inquiry that is

submitted by such counsel shall be made an official part of the

record of the board with respect to the inquiry.

(g) Attendance of Family Members and Certain Other Interested

Persons at Proceedings. - (1) With respect to any person covered by

an inquiry under this section, the primary next of kin, other

members of the immediate family, and any other previously

designated person of the person may attend the proceedings of the

board during the inquiry.

(2) The Secretary concerned shall take reasonable actions to

notify each individual referred to in paragraph (1) of the

opportunity to attend the proceedings of a board. Such notice

shall be provided not less than 60 days before the first meeting of

the board.

(3) An individual who receives notice under paragraph (2) shall

notify the Secretary of the intent, if any, of that individual to

attend the proceedings of the board not later than 21 days after

the date on which the individual receives the notice.

(4) Each individual who notifies the Secretary under paragraph

(3) of the individual's intent to attend the proceedings of the

board -

(A) in the case of an individual who is the primary next of kin

or the previously designated person, may attend the proceedings

of the board with private counsel;

(B) shall have access to the personnel file of the missing

person, to unclassified reports, if any, of the board appointed

under section 1503 of this title to conduct the inquiry into the

whereabouts and status of the person, and to any other

unclassified information or documents relating to the whereabouts

and status of the person;

(C) shall be afforded the opportunity to present information at

the proceedings of the board that such individual considers to be

relevant to those proceedings; and

(D) subject to paragraph (5), shall be given the opportunity to

submit in writing an objection to any recommendation of the board

under subsection (i) as to the status of the missing person.

(5)(A) Individuals who wish to file objections under paragraph

(4)(D) to any recommendation of the board shall -

(i) submit a letter of intent to the president of the board not

later than 15 days after the date on which the recommendations

are made; and

(ii) submit to the president of the board the objections in

writing not later than 30 days after the date on which the

recommendations are made.

(B) The president of a board shall include any objections to a

recommendation of the board that are submitted to the president of

the board under subparagraph (A) in the report of the board

containing the recommendation under subsection (i).

(6) An individual referred to in paragraph (1) who attends the

proceedings of a board under this subsection shall not be entitled

to reimbursement by the United States for any costs (including

travel, lodging, meals, local transportation, legal fees,

transcription costs, witness expenses, and other expenses) incurred

by that individual in attending such proceedings.

(h) Availability of Information to Boards. - (1) In conducting

proceedings in an inquiry under this section, a board may secure

directly from any department or agency of the United States any

information that the board considers necessary in order to conduct

the proceedings.

(2) Upon written request from the president of a board, the head

of a department or agency of the United States shall release

information covered by the request to the board. In releasing such

information, the head of the department or agency shall -

(A) declassify to an appropriate degree classified information;

or

(B) release the information in a manner not requiring the

removal of markings indicating the classified nature of the

information.

(3)(A) If a request for information under paragraph (2) covers

classified information that cannot be declassified, or if the

classification markings cannot be removed before release from the

information covered by the request, or if the material cannot be

summarized in a manner that prevents the release of classified

information, the classified information shall be made available

only to the president of the board making the request and the

counsel for the missing person appointed under subsection (f).

(B) The president of a board shall close to persons who do not

have appropriate security clearances the proceeding of the board at

which classified information is discussed. Participants at a

proceeding of a board at which classified information is discussed

shall comply with all applicable laws and regulations relating to

the disclosure of classified information. The Secretary concerned

shall assist the president of a board in ensuring that classified

information is not compromised through board proceedings.

(i) Recommendation on Status. - (1) Upon completion of an inquiry

under this section, a board shall make a recommendation as to the

current whereabouts and status of each missing person covered by

the inquiry.

(2) A board may not recommend under paragraph (1) that a person

be declared dead unless in making the recommendation the board

complies with section 1507 of this title.

(j) Report. - A board appointed under this section shall submit

to the Secretary concerned a report on the inquiry carried out by

the board, together with the evidence considered by the board

during the inquiry. The report may include a classified annex.

(k) Actions by Secretary Concerned. - (1) Not later than 30 days

after the receipt of a report from a board under subsection (j),

the Secretary shall review -

(A) the report;

(B) the review of the report submitted to the Secretary under

subsection (f)(3) by the counsel for each person covered by the

report; and

(C) the objections, if any, to the report submitted to the

president of the board under subsection (g)(5).

(2) In reviewing a report under paragraph (1) (including the

objections described in subparagraph (C) of that paragraph), the

Secretary concerned shall determine whether or not the report is

complete and free of administrative error. If the Secretary

determines that the report is incomplete, or that the report is not

free of administrative error, the Secretary may return the report

to the board for further action on the report by the board.

(3) Upon a determination by the Secretary that a report reviewed

under this subsection is complete and free of administrative error,

the Secretary shall make a determination concerning the status of

each person covered by the report.

(l) Report to Family Members and Other Interested Persons. - Not

later than 60 days after the date on which the Secretary concerned

makes a determination with respect to a missing person under

subsection (k), the Secretary shall -

(1) provide the report reviewed by the Secretary in making the

determination to the primary next of kin, the other members of

the immediate family, and any other previously designated person

of the person; and

(2) in the case of a person who continues to be in a missing

status, inform each individual referred to in paragraph (1) that

the United States will conduct a further investigation into the

whereabouts and status of the person as specified in section 1505

of this title.

(m) Treatment of Determination. - Any determination of the status

of a missing person under subsection (k) shall supersede the

determination of the status of the person under section 1503 of

this title and shall be treated as the determination of the status

of the person by all departments and agencies of the United States.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 569(b)(1), Feb. 10,

1996, 110 Stat. 341; amended Pub. L. 104-201, div. A, title V,

Sec. 578(a)(3), Sept. 23, 1996, 110 Stat. 2536; Pub. L. 105-85,

div. A, title V, Sec. 599(a)(3), (d)(1), title X, Sec.

1073(a)(30), Nov. 18, 1997, 111 Stat. 1767, 1769, 1902.)

-MISC1-

AMENDMENTS

1997 - Subsec. (d)(1). Pub. L. 105-85, Sec. 599(a)(3)(A),

substituted ''as follows:'' and subpars. (A) to (C) for ''who are

officers having the grade of major or lieutenant commander or

above.''

Subsec. (d)(4). Pub. L. 105-85, Sec. 599(a)(3)(B), substituted

''section 1503(c)(4)'' for ''section 1503(c)(3)''.

Subsec. (f)(1). Pub. L. 105-85, Sec. 599(d)(1), inserted at end

''The identity of counsel appointed under this paragraph for a

missing person shall be made known to the missing person's primary

next of kin and any other previously designated person of the

person.''

Subsec. (i)(1). Pub. L. 105-85, Sec. 1073(a)(30), substituted

''this section'' for ''this subsection''.

1996 - Subsec. (d)(1). Pub. L. 104-201, Sec. 578(a)(3)(A), added

text of par. (1) and struck out former text of par. (1) which read

as follows: ''A board appointed under this section shall be

composed of at least three members as follows:

''(A) In the case of a board that will inquire into the

whereabouts and status of one or more members of the armed forces

(and no civilians described in subparagraph (B)), the board shall

be composed of officers having the grade of major or lieutenant

commander or above.

''(B) In the case of a board that will inquire into the

whereabouts and status of one or more civilian employees of the

Department of Defense or contractors of the Department of Defense

(and no members of the armed forces), the board shall be composed

of -

''(i) not less than three employees of the Department of

Defense whose rate of annual pay is equal to or greater than

the rate of annual pay payable for grade GS-13 of the General

Schedule under section 5332 of title 5; and

''(ii) such members of the armed forces as the Secretary

considers advisable.

''(C) In the case of a board that will inquire into the

whereabouts and status of both one or more members of the armed

forces and one or more civilians described in subparagraph (B) -

''(i) the board shall include at least one officer described

in subparagraph (A) and at least one employee of the Department

of Defense described in subparagraph (B)(i); and

''(ii) the ratio of such officers to such employees on the

board shall be roughly proportional to the ratio of the number

of members of the armed forces who are subjects of the board's

inquiry to the number of civilians who are subjects of the

board's inquiry.''

Subsec. (d)(4). Pub. L. 104-201, Sec. 578(a)(3)(B), substituted

''section 1503(c)(3)'' for ''section 1503(c)(4)''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1501, 1505, 1507, 1508,

1509 of this title.

-CITE-

10 USC Sec. 1505 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 76 - MISSING PERSONS

-HEAD-

Sec. 1505. Further review

-STATUTE-

(a) Subsequent Review. - The Secretary concerned shall conduct

subsequent inquiries into the whereabouts and status of any person

determined by the Secretary under section 1504 of this title to be

in a missing status.

(b) Frequency of Subsequent Reviews. - The Secretary concerned

shall conduct inquiries into the whereabouts and status of a person

under subsection (a) upon receipt of information that may result in

a change of status of the person. The Secretary concerned shall

appoint a board to conduct such inquiries.

(c) Action Upon Discovery or Receipt of Information. - (1)

Whenever any United States intelligence agency or other element of

the Government finds or receives information that may be related to

a missing person, the information shall promptly be forwarded to

the office established under section 1501 of this title.

(2) Upon receipt of information under paragraph (1), the head of

the office established under section 1501 of this title shall as

expeditiously as possible ensure that the information is added to

the appropriate case file for that missing person and notify (A)

the designated missing person's counsel for that person, and (B)

the primary next of kin and any previously designated person for

the missing person of the existence of that information.

(3) The head of the office established under section 1501 of this

title, with the advice of the missing person's counsel notified

under paragraph (2), shall determine whether the information is

significant enough to require a board review under this section.

(d) Conduct of Proceedings. - If it is determined that such a

board should be appointed, the appointment of, and activities

before, a board appointed under this section shall be governed by

the provisions of section 1504 of this title with respect to a

board appointed under that section.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 569(b)(1), Feb. 10,

1996, 110 Stat. 345; amended Pub. L. 104-201, div. A, title V,

Sec. 578(c), Sept. 23, 1996, 110 Stat. 2536.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-201 reenacted heading without

change and amended text generally. Prior to amendment, text read

as follows:

''(1) In the case of a missing person who was last known to be

alive or who was last suspected of being alive, the Secretary shall

appoint a board to conduct an inquiry with respect to a person

under this subsection -

''(A) on or about three years after the date of the initial

report of the disappearance of the person under section 1502(a)

of this title; and

''(B) not later than every three years thereafter.

''(2) In addition to appointment of boards under paragraph (1),

the Secretary shall appoint a board to conduct an inquiry with

respect to a missing person under this subsection upon receipt of

information that could result in a change of status of the missing

person. When the Secretary appoints a board under this paragraph,

the time for subsequent appointments of a board under paragraph

(1)(B) shall be determined from the date of the receipt of such

information.

''(3) The Secretary is not required to appoint a board under

paragraph (1) with respect to the disappearance of any person -

''(A) more than 30 years after the initial report of the

disappearance of the missing person required by section 1502 of

this title; or

''(B) if, before the end of such 30-year period, the missing

person is accounted for.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1504, 1507, 1508, 1509 of

this title.

-CITE-

10 USC Sec. 1506 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 76 - MISSING PERSONS

-HEAD-

Sec. 1506. Personnel files

-STATUTE-

(a) Information in Files. - Except as provided in subsections

(b), (c), and (d), the Secretary concerned shall, to the maximum

extent practicable, ensure that the personnel file of a missing

person contains all information in the possession of the United

States relating to the disappearance and whereabouts and status of

the person.

(b) Classified Information. - (1) The Secretary concerned may

withhold classified information from a personnel file under this

section. If the Secretary concerned withholds classified

information from a personnel file, the Secretary shall ensure that

the file contains the following:

(A) A notice that the withheld information exists.

(B) A notice of the date of the most recent review of the

classification of the withheld information.

(2)(A) If classified information withheld under this subsection

refers to one or more unnamed missing persons, the Secretary shall

ensure that notice of that withheld information, and notice of the

date of the most recent review of the classification of that

withheld information, is made reasonably accessible to the primary

next of kin, members of the immediate family, and the previously

designated person of all missing persons from the conflict or

period of war to which the classified information pertains.

(B) For purposes of subparagraph (A), information shall be

considered to be made reasonably accessible if placed in a separate

and distinct file that is available for review by persons specified

in subparagraph (A) upon the request of any such person either to

review the separate file or to review the personnel file of the

missing person concerned.

(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 or about unnamed missing persons,

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 each missing person named in the debriefing

report in such a manner as to protect the identity of the source

providing the information. Any information contained in the

extract of the debriefing report that pertains to unnamed missing

persons shall be made reasonably accessible to the primary next of

kin, members of the immediate family, and the previously designated

person.

(3) Whenever the Secretary concerned withholds a debriefing

report, or part of 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) 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.

(f) Nondisclosure of Certain Information. - A record of the

content of a debriefing of a missing person returned to United

States control during the period beginning on July 8, 1959, and

ending on February 10, 1996, that was conducted by an official of

the United States authorized to conduct the debriefing is

privileged information and, notwithstanding sections 552 and 552a

of title 5, may not be disclosed, in whole or in part, under either

such section. However, this subsection does not limit the

responsibility of the Secretary concerned under paragraphs (2) and

(3) of subsection (d) to place extracts of non-derogatory

information, or a notice of the existence of such information, in

the personnel file of a missing person.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 569(b)(1), Feb. 10,

1996, 110 Stat. 346; amended Pub. L. 104-201, div. A, title V,

Sec. 578(d), Sept. 23, 1996, 110 Stat. 2537; Pub. L. 105-85, div.

A, title V, Sec. 599(f), (g), Nov. 18, 1997, 111 Stat. 1770; Pub.

L. 106-65, div. A, title V, Sec. 575, Oct. 5, 1999, 113 Stat. 624;

Pub. L. 107-107, div. A, title V, Sec. 573, Dec. 28, 2001, 115

Stat. 1122.)

-MISC1-

AMENDMENTS

2001 - Subsec. (b)(2). Pub. L. 107-107 designated existing

provisions as subpar. (A), inserted ''of all missing persons from

the conflict or period of war to which the classified information

pertains'' before period at end, and added subpar. (B).

1999 - Subsec. (f). Pub. L. 106-65 added subsec. (f).

1997 - Subsec. (b). Pub. L. 105-85, Sec. 599(f), designated

existing provisions as par. (1), redesignated former pars. (1) and

(2) as subpars. (A) and (B), respectively, of par. (1), and added

par. (2).

Subsec. (d)(2). Pub. L. 105-85, Sec. 599(g)(1), inserted ''or

about unnamed missing persons'' after ''the debriefing report'' in

first sentence, substituted ''each missing person named in the

debriefing report'' for ''the missing person'' in second sentence,

and inserted at end ''Any information contained in the extract of

the debriefing report that pertains to unnamed missing persons

shall be made reasonably accessible to the primary next of kin,

members of the immediate family, and the previously designated

person.''

Subsec. (d)(3). Pub. L. 105-85, Sec. 599(g)(2), inserted '', or

part of a debriefing report,'' after ''a debriefing report''.

1996 - Subsecs. (e), (f). Pub. L. 104-201 redesignated subsec.

(f) as (e) and struck out former subsec. (e) which read as follows:

''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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1509 of this title.

-CITE-

10 USC Sec. 1507 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 76 - MISSING PERSONS

-HEAD-

Sec. 1507. Recommendation of status of death

-STATUTE-

(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 to obtain access to

such records, such representatives are not granted such

access).

(b) Submittal of Information on Death. - If a board appointed

under section 1503, 1504, or 1505 of this title makes a

recommendation that a missing person be declared dead, the board

shall include in the report of the board with respect to the person

under that section the following:

(1) A detailed description of the location where the death

occurred.

(2) A statement of the date on which the death occurred.

(3) A description of the location of the body, if recovered.

(4) If the body has been recovered and is not identifiable

through visual means, a certification by a forensic pathologist

that the body recovered is that of the missing person. In

determining whether to make such a certification, the forensic

pathologist shall consider, as determined necessary by the

Secretary of the military department concerned, additional

evidence and information provided by appropriate specialists in

forensic medicine or other appropriate medical sciences.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 569(b)(1), Feb. 10,

1996, 110 Stat. 347; amended Pub. L. 104-201, div. A, title V,

Sec. 578(e), Sept. 23, 1996, 110 Stat. 2537; Pub. L. 105-85, div.

A, title V, Sec. 599(c), Nov. 18, 1997, 111 Stat. 1768.)

-MISC1-

AMENDMENTS

1997 - Subsec. (b)(3), (4). Pub. L. 105-85 added pars. (3) and

(4).

1996 - Subsec. (b)(3), (4). Pub. L. 104-201 struck out pars. (3)

and (4) which read as follows:

''(3) A description of the location of the body, if recovered.

''(4) If the body has been recovered and is not identifiable

through visual means, a certification by a practitioner of an

appropriate forensic science that the body recovered is that of the

missing person.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1503, 1504 of this title.

-CITE-

10 USC Sec. 1508 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 76 - MISSING PERSONS

-HEAD-

Sec. 1508. Judicial review

-STATUTE-

(a) Right of Review. - A person who is the primary next of kin

(or the previously designated person) of a person who is the

subject of a finding described in subsection (b) may obtain

judicial review in a United States district court of that finding,

but only on the basis of a claim that there is information that

could affect the status of the missing person's case that was not

adequately considered during the administrative review process

under this chapter. Any such review shall be as provided in

section 706 of title 5.

(b) Findings for Which Judicial Review May Be Sought. -

Subsection (a) applies to the following findings:

(1) A finding by a board appointed under section 1504 or 1505

of this title that a missing person is dead.

(2) A finding by a board appointed under section 1509 of this

title that confirms that a missing person formerly declared dead

is in fact dead.

(c) Subsequent Review. - Appeals from a decision of the district

court shall be taken to the appropriate United States court of

appeals and to the Supreme Court as provided by law.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 569(b)(1), Feb. 10,

1996, 110 Stat. 348.)

-CITE-

10 USC Sec. 1509 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 76 - MISSING PERSONS

-HEAD-

Sec. 1509. Preenactment cases

-STATUTE-

(a) Review of Status. - (1) If new information (as defined in

paragraph (2)) is found or received that may be related to one or

more unaccounted for persons described in subsection (b) (whether

or not such information specifically relates (or may specifically

relate) to any particular such unaccounted for person), that

information shall be provided to the Secretary of Defense. Upon

receipt of such information, the Secretary shall ensure that the

information is treated under paragraphs (2) and (3) of section

1505(c) of this title and under section 1505(d) of this title in

the same manner as information received under paragraph (1) of

section 1505(c) of this title. For purposes of the applicability

of other provisions of this chapter in such a case, each such

unaccounted for person to whom the new information may be related

shall be considered to be a missing person.

(2) For purposes of this subsection, new information is

information that is credible and that -

(A) is found or received after November 18, 1997, by a United

States intelligence agency, by a Department of Defense agency, or

by a person specified in section 1504(g) of this title; or

(B) is identified after November 18, 1997, in records of the

United States as information that could be relevant to the case

of one or more unaccounted for persons described in subsection

(b).

(b) Cases Eligible for Review. - The cases eligible for review

under this section are the following:

(1) With respect to the Korean conflict, any unaccounted for

person who was classified as a prisoner of war or as missing in

action during that conflict and who (A) was known to be or

suspected to be alive at the end of that conflict, or (B) was

classified as missing in action and whose capture was possible.

(2) With respect to the Cold War, any unaccounted for person

who was engaged in intelligence operations (such as aerial

''ferret'' reconnaissance missions over and around the Soviet

Union and China) during the Cold War.

(3) With respect to the Indochina war era, any unaccounted for

person who was classified as a prisoner of war or as missing in

action during the Indochina conflict.

(c) Definitions. - In this section:

(1) The term ''Korean conflict'' means the period beginning on

June 27, 1950, and ending on January 31, 1955.

(2) The term ''Cold War'' means the period beginning on

September 2, 1945, and ending on August 21, 1991.

(3) The term ''Indochina war era'' means the period beginning

on July 8, 1959, and ending on May 15, 1975.

(d) Establishment of Personnel Files for Korean Conflict Cases. -

The Secretary of Defense shall ensure that a personnel file is

established for each unaccounted for person who is described in

subsection (b)(1) if the Secretary possesses information relevant

to that person's status. In the case of a person described in

subsection (b)(1) for whom a personnel file does not exist, the

Secretary shall create a personnel file for such person upon

receipt of new information as provided in subsection (a). Each such

file shall be handled in accordance with, and subject to the

provisions of, section 1506 of this title in the same manner as

applies to the file of a missing person.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 569(b)(1), Feb. 10,

1996, 110 Stat. 348; amended Pub. L. 104-201, div. A, title V,

Sec. 578(f)(1), (2)(A), Sept. 23, 1996, 110 Stat. 2537; Pub. L.

105-85, div. A, title V, Sec. 599(e), Nov. 18, 1997, 111 Stat.

1769; Pub. L. 106-65, div. A, title X, Sec. 1066(a)(14), Oct. 5,

1999, 113 Stat. 771.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(2)(A), (B). Pub. L. 106-65 substituted

''November 18, 1997,'' for ''the date of the enactment of the

National Defense Authorization Act for Fiscal Year 1998''.

1997 - Subsec. (a). Pub. L. 105-85, Sec. 599(e)(1), added subsec.

(a) and struck out former subsec. (a) which read as follows:

''(a) Review of Status. - In the case of an unaccounted for

person covered by section 1501(c) of this title who is described in

subsection (b), if new information that could change the status of

that person is found or received by a United States intelligence

agency, by a Department of Defense agency, or by a person specified

in section 1504(g) of this title, that information shall be

provided to the Secretary of Defense with a request that the

Secretary evaluate the information in accordance with sections

1505(c) and 1505(d) of this title.''

Subsec. (d). Pub. L. 105-85, Sec. 599(e)(2), added subsec. (d).

1996 - Pub. L. 104-201, Sec. 578(f)(2)(A), struck out '', special

interest'' after ''Preenactment'' in section catchline.

Subsecs. (c), (d). Pub. L. 104-201, Sec. 578(f)(1), redesignated

subsec. (d) as (c) and struck out former subsec. (c) which read as

follows:

''(c) Special Rule for Persons Classified as 'KIA/BNR'. - In the

case of a person described in subsection (b) who was classified as

'killed in action/body not recovered', the case of that person may

be reviewed under this section only if the new information referred

to in subsection (a) is compelling.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1508, 1513 of this title.

-CITE-

10 USC Sec. 1510 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 76 - MISSING PERSONS

-HEAD-

Sec. 1510. Applicability to Coast Guard

-STATUTE-

(a) Designated Officer To Have Responsibility. - The Secretary of

Homeland Security shall designate an officer of the Department of

Homeland Security to have responsibility within the Department of

Homeland Security for matters relating to missing persons who are

members of the Coast Guard.

(b) Procedures. - The Secretary of Homeland Security shall

prescribe procedures for the determination of the status of persons

described in section 1501(c) of this title who are members of the

Coast Guard and for the collection, analysis, review, and update of

information on such persons. To the maximum extent practicable,

the procedures prescribed under this section shall be similar to

the procedures prescribed by the Secretary of Defense under section

1501(b) of this title.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 569(b)(1), Feb. 10,

1996, 110 Stat. 349; amended Pub. L. 107-296, title XVII, Sec.

1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-296 substituted ''of Homeland Security'' for

''of Transportation'' wherever appearing.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

-CITE-

10 USC Sec. 1511 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 76 - MISSING PERSONS

-HEAD-

Sec. 1511. Return alive of person declared missing or dead

-STATUTE-

(a) Pay and Allowances. - Any person (except for a person

subsequently determined to have been absent without leave or a

deserter) in a missing status or declared dead under subchapter VII

of chapter 55 of title 5 or chapter 10 of title 37 or by a board

appointed under this chapter who is found alive and returned to the

control of the United States shall be paid for the full time of the

absence of the person while given that status or declared dead

under the law and regulations relating to the pay and allowances of

persons returning from a missing status.

(b) Effect on Gratuities Paid as a Result of Status. - Subsection

(a) shall not be interpreted to invalidate or otherwise affect the

receipt by any person of a death gratuity or other payment from the

United States on behalf of a person referred to in subsection (a)

before February 10, 1996.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 569(b)(1), Feb. 10,

1996, 110 Stat. 349; amended Pub. L. 107-107, div. A, title X,

Sec. 1048(c)(10), Dec. 28, 2001, 115 Stat. 1226.)

-MISC1-

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-107 substituted ''February 10,

1996'' for ''the date of the enactment of this chapter''.

-CITE-

10 USC Sec. 1512 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 76 - MISSING PERSONS

-HEAD-

Sec. 1512. Effect on State law

-STATUTE-

(a) Nonpreemption of State Authority. - Nothing in this chapter

shall be construed to invalidate or limit the power of any State

court or administrative entity, or the power of any court or

administrative entity of any political subdivision thereof, to find

or declare a person dead for purposes of such State or political

subdivision.

(b) State Defined. - In this section, the term ''State'' includes

the District of Columbia, the Commonwealth of Puerto Rico, and any

territory or possession of the United States.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 569(b)(1), Feb. 10,

1996, 110 Stat. 349.)

-CITE-

10 USC Sec. 1513 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 76 - MISSING PERSONS

-HEAD-

Sec. 1513. Definitions

-STATUTE-

In this chapter:

(1) The term ''missing person'' means -

(A) a member of the armed forces on active duty who is in a

missing status; or

(B) a civilian employee of the Department of Defense or an

employee of a contractor of the Department of Defense who

serves in direct support of, or accompanies, the armed forces

in the field under orders and who is in a missing status.

Such term includes an unaccounted for person described in section

1509(b) of this title who is required by section 1509(a)(1) of

this title to be considered a missing person.

(2) The term ''missing status'' means the status of a missing

person who is determined to be absent in a category of any of the

following:

(A) Missing.

(B) Missing in action.

(C) Interned in a foreign country.

(D) Captured.

(E) Beleaguered.

(F) Besieged.

(G) Detained in a foreign country against that person's will.

(3) The term ''accounted for'', with respect to a person in a

missing status, means that -

(A) the person is returned to United States control alive;

(B) the remains of the person are recovered and, if not

identifiable through visual means as those of the missing

person, are identified as those of the missing person by a

practitioner of an appropriate forensic science; or

(C) credible evidence exists to support another determination

of the person's status.

(4) The term ''primary next of kin'', in the case of a missing

person, means the individual authorized to direct disposition of

the remains of the person under section 1482(c) of this title.

(5) The term ''member of the immediate family'', in the case of

a missing person, means the following:

(A) The spouse of the person.

(B) A natural child, adopted child, stepchild, or

illegitimate child (if acknowledged by the person or parenthood

has been established by a court of competent jurisdiction) of

the person, except that if such child has not attained the age

of 18 years, the term means a surviving parent or legal

guardian of such child.

(C) A biological parent of the person, unless legal custody

of the person by the parent has been previously terminated by

reason of a court decree or otherwise under law and not

restored.

(D) A brother or sister of the person, if such brother or

sister has attained the age of 18 years.

(E) Any other blood relative or adoptive relative of the

person, if such relative was given sole legal custody of the

person by a court decree or otherwise under law before the

person attained the age of 18 years and such custody was not

subsequently terminated before that time.

(6) The term ''previously designated person'', in the case of a

missing person, means an individual designated by the person

under section 655 of this title for purposes of this chapter.

(7) The term ''classified information'' means any information

the unauthorized disclosure of which (as determined under

applicable law and regulations) could reasonably be expected to

damage the national security.

(8) The term ''theater component commander'' means, with

respect to any of the combatant commands, an officer of any of

the armed forces who (A) is commander of all forces of that armed

force assigned to that combatant command, and (B) is directly

subordinate to the commander of the combatant command.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 569(b)(1), Feb. 10,

1996, 110 Stat. 350; amended Pub. L. 104-201, div. A, title V,

Sec. 578(a)(4), (b)(3), Sept. 23, 1996, 110 Stat. 2536; Pub. L.

105-85, div. A, title V, Sec. 599(a)(4), (b)(2), Nov. 18, 1997,

111 Stat. 1768; Pub. L. 106-65, div. A, title X, Sec. 1066(a)(15),

Oct. 5, 1999, 113 Stat. 771.)

-MISC1-

AMENDMENTS

1999 - Par. (1). Pub. L. 106-65 substituted ''who is required by

section 1509(a)(1) of this title to be considered a missing

person'' for '', under the circumstances specified in the last

sentence of section 1509(a) of this title'' in concluding

provisions.

1997 - Par. (1). Pub. L. 105-85, Sec. 599(a)(4), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''The

term 'missing person' means a member of the armed forces on active

duty who is in a missing status.''

Par. (8). Pub. L. 105-85, Sec. 599(b)(2), added par. (8).

1996 - Par. (1). Pub. L. 104-201, Sec. 578(a)(4), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: ''The

term 'missing person' means -

''(A) a member of the Armed Forces on active duty who is in a

missing status; or

''(B) a civilian employee of the Department of Defense or an

employee of a contractor of the Department of Defense who serves

with or accompanies the Armed Forces in the field under orders

and who is in a missing status.''

Par. (8). Pub. L. 104-201, Sec. 578(b)(3), struck out par. (8)

which read as follows: ''The term 'theater component commander'

means, with respect to any of the combatant commands, an officer of

any of the armed forces who (A) is commander of all forces of that

armed force assigned to that combatant command, and (B) is directly

subordinate to the commander of the combatant command.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 section 404l.

-CITE-