10 U.S.C. § 1502

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]
Section 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.

10 U.S.C. § 1502

Added Pub. L. 104-106, div. A, title V, §569(b)(1), Feb. 10, 1996, 110 Stat. 338; amended Pub. L. 104-201, div. A, title V, §578(b)(1), Sept. 23, 1996, 110 Stat. 2536; Pub. L. 105-85, div. A, title V, §599(b)(1), Nov. 18, 1997, 111 Stat. 1768.

EDITORIAL NOTES

AMENDMENTS1997-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, §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, §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, §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, §578(b)(1)(C), redesignated subsec. (c) as (b).

Secretary concerned
The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
missing person
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 subsection (a) of section 1509 of this title who is required by subsection (c) of such section to be considered a missing person.
missing status
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.
theater component commander
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.