
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1502]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                       CHAPTER 76--MISSING PERSONS
 
Sec. 1502. Missing persons: initial report

    (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.

(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.)


                               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).

                  Section Referred to in Other Sections

    This section is referred to in sections 1501, 1503, 1504 of this 
title; title 37 section 555.
