
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: 10USC1503]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                       CHAPTER 76--MISSING PERSONS
 
Sec. 1503. Actions of Secretary concerned; initial board inquiry

    (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.

(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.)


                               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.''

                  Section Referred to in Other Sections

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