
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: 10USC1513]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                       CHAPTER 76--MISSING PERSONS
 
Sec. 1513. Definitions

    In this chapter:
        (1) The term ``missing person'' means--
            (A) a member of the armed forces on active duty who is in a 
        missing status; or
            (B) a civilian employee of the Department of Defense or an 
        employee of a contractor of the Department of Defense who serves 
        in direct support of, or accompanies, the armed forces in the 
        field under orders and who is in a missing status.

    Such term includes an unaccounted for person described in section 
    1509(b) of this title who is required by section 1509(a)(1) of this 
    title to be considered a missing person.
        (2) The term ``missing status'' means the status of a missing 
    person who is determined to be absent in a category of any of the 
    following:
            (A) Missing.
            (B) Missing in action.
            (C) Interned in a foreign country.
            (D) Captured.
            (E) Beleaguered.
            (F) Besieged.
            (G) Detained in a foreign country against that person's 
        will.

        (3) The term ``accounted for'', with respect to a person in a 
    missing status, means that--
            (A) the person is returned to United States control alive;
            (B) the remains of the person are recovered and, if not 
        identifiable through visual means as those of the missing 
        person, are identified as those of the missing person by a 
        practitioner of an appropriate forensic science; or
            (C) credible evidence exists to support another 
        determination of the person's status.

        (4) The term ``primary next of kin'', in the case of a missing 
    person, means the individual authorized to direct disposition of the 
    remains of the person under section 1482(c) of this title.
        (5) The term ``member of the immediate family'', in the case of 
    a missing person, means the following:
            (A) The spouse of the person.
            (B) A natural child, adopted child, stepchild, or 
        illegitimate child (if acknowledged by the person or parenthood 
        has been established by a court of competent jurisdiction) of 
        the person, except that if such child has not attained the age 
        of 18 years, the term means a surviving parent or legal guardian 
        of such child.
            (C) A biological parent of the person, unless legal custody 
        of the person by the parent has been previously terminated by 
        reason of a court decree or otherwise under law and not 
        restored.
            (D) A brother or sister of the person, if such brother or 
        sister has attained the age of 18 years.
            (E) Any other blood relative or adoptive relative of the 
        person, if such relative was given sole legal custody of the 
        person by a court decree or otherwise under law before the 
        person attained the age of 18 years and such custody was not 
        subsequently terminated before that time.

        (6) The term ``previously designated person'', in the case of a 
    missing person, means an individual designated by the person under 
    section 655 of this title for purposes of this chapter.
        (7) The term ``classified information'' means any information 
    the unauthorized disclosure of which (as determined under applicable 
    law and regulations) could reasonably be expected to damage the 
    national security.
        (8) The term ``theater component commander'' means, with respect 
    to any of the combatant commands, an officer of any of the armed 
    forces who (A) is commander of all forces of that armed force 
    assigned to that combatant command, and (B) is directly subordinate 
    to the commander of the combatant command.

(Added Pub. L. 104-106, div. A, title V, Sec. 569(b)(1), Feb. 10, 1996, 
110 Stat. 350; amended Pub. L. 104-201, div. A, title V, Sec. 578(a)(4), 
(b)(3), Sept. 23, 1996, 110 Stat. 2536; Pub. L. 105-85, div. A, title V, 
Sec. 599(a)(4), (b)(2), Nov. 18, 1997, 111 Stat. 1768; Pub. L. 106-65, 
div. A, title X, Sec. 1066(a)(15), Oct. 5, 1999, 113 Stat. 771.)


                               Amendments

    1999--Par. (1). Pub. L. 106-65 substituted ``who is required by 
section 1509(a)(1) of this title to be considered a missing person'' for 
``, under the circumstances specified in the last sentence of section 
1509(a) of this title'' in concluding provisions.
    1997--Par. (1). Pub. L. 105-85, Sec. 599(a)(4), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``The term 
`missing person' means a member of the armed forces on active duty who 
is in a missing status.''
    Par. (8). Pub. L. 105-85, Sec. 599(b)(2), added par. (8).
    1996--Par. (1). Pub. L. 104-201, Sec. 578(a)(4), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``The term 
`missing person' means--
        ``(A) a member of the Armed Forces on active duty who is in a 
    missing status; or
        ``(B) a civilian employee of the Department of Defense or an 
    employee of a contractor of the Department of Defense who serves 
    with or accompanies the Armed Forces in the field under orders and 
    who is in a missing status.''
    Par. (8). Pub. L. 104-201, Sec. 578(b)(3), struck out par. (8) which 
read as follows: ``The term `theater component commander' means, with 
respect to any of the combatant commands, an officer of any of the armed 
forces who (A) is commander of all forces of that armed force assigned 
to that combatant command, and (B) is directly subordinate to the 
commander of the combatant command.''
