
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(g)(3)]
[CITE: 10USC1501]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                       CHAPTER 76--MISSING PERSONS
 
Sec. 1501. System for accounting for missing persons

    (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. 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.
    (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.

(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.)


                               Amendments

    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, 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.''

                  Section Referred to in Other Sections

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