
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: 10USC1509]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                       CHAPTER 76--MISSING PERSONS
 
Sec. 1509. Preenactment cases

    (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.

(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.)


                               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.''

                  Section Referred to in Other Sections

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