
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1504]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                       CHAPTER 76--MISSING PERSONS
 
Sec. 1504. Subsequent board of inquiry

    (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.

(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.)


                               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)''.

                  Section Referred to in Other Sections

    This section is referred to in sections 1501, 1505, 1507, 1508, 1509 
of this title.
