10 U.S.C. § 1505

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

Section 1505 - Further review

(a) SUBSEQUENT REVIEW.-The Secretary concerned shall conduct subsequent inquiries into the whereabouts and status of any person determined by the Secretary under section 1504 of this title to be in a missing status.

(b) FREQUENCY OF SUBSEQUENT REVIEWS.-The Secretary concerned shall conduct inquiries into the whereabouts and status of a person under subsection (a) upon receipt of information that may result in a change of status of the person. The Secretary concerned shall appoint a board to conduct such inquiries.

(c) ACTION UPON DISCOVERY OR RECEIPT OF INFORMATION.-

(1) Whenever any United States intelligence agency or other element of the Government finds or receives information that may be related to a missing person, the information shall promptly be forwarded to the Secretary of Defense.

(2) Upon receipt of information under paragraph (1), the Secretary of Defense shall as expeditiously as possible ensure that the information is added to the appropriate case file for that missing person and notify (A) the designated missing person's counsel for that person, and (B) the primary next of kin and any previously designated person for the missing person of the existence of that information.

(3) The Secretary of Defense, with the advice of the missing person's counsel notified under paragraph (2), shall determine whether the information is significant enough to require a board review under this section.

(d) CONDUCT OF PROCEEDINGS.-If it is determined that such a board should be appointed, the appointment of, and activities before, a board appointed under this section shall be governed by the provisions of section 1504 of this title with respect to a board appointed under that section.

10 U.S.C. § 1505

Added Pub. L. 104-106, div. A, title V, §569(b)(1), Feb. 10, 1996, 110 Stat. 345; amended Pub. L. 104-201, div. A, title V, §578(c), Sept. 23, 1996, 110 Stat. 2536; Pub. L. 113-291, div. A, title IX, §916(c), Dec. 19, 2014, 128 Stat. 3478; Pub. L. 114-328, div. A, title IX, §953(b), Dec. 23, 2016, 130 Stat. 2376.

EDITORIAL NOTES

AMENDMENTS2016-Subsec. (c). Pub. L. 114-328 substituted "Secretary of Defense" for "designated Agency Director" in pars. (1), (2), and (3).2014-Subsec. (c)(1). Pub. L. 113-291, §916(c)(1), substituted "the designated Agency Director" for "the office established under section 1501 of this title".Subsec. (c)(2), (3). Pub. L. 113-291, §916(c)(2), substituted "designated Agency Director" for "head of the office established under section 1501 of this title".1996-Subsec. (b). Pub. L. 104-201 reenacted heading without change and amended text generally. Prior to amendment, text read as follows:"(1) In the case of a missing person who was last known to be alive or who was last suspected of being alive, the Secretary shall appoint a board to conduct an inquiry with respect to a person under this subsection-"(A) on or about three years after the date of the initial report of the disappearance of the person under section 1502(a) of this title; and"(B) not later than every three years thereafter."(2) In addition to appointment of boards under paragraph (1), the Secretary shall appoint a board to conduct an inquiry with respect to a missing person under this subsection upon receipt of information that could result in a change of status of the missing person. When the Secretary appoints a board under this paragraph, the time for subsequent appointments of a board under paragraph (1)(B) shall be determined from the date of the receipt of such information. "(3) The Secretary is not required to appoint a board under paragraph (1) with respect to the disappearance of any person-"(A) more than 30 years after the initial report of the disappearance of the missing person required by section 1502 of this title; or"(B) if, before the end of such 30-year period, the missing person is accounted for."

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.