[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2411 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2411
To amend title 10, United States Code, to establish procedures for
determining that status of certain missing members of the Armed Forces
and certain civilians, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 19 (legislative day, August 18), 1994
Mr. Dole (for himself, Mr. Lautenberg, Mr. Simpson, Mr. Lieberman, and
Mr. Wofford) introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to establish procedures for
determining that status of certain missing members of the Armed Forces
and certain civilians, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Missing Service Personnel Act of
1994''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure that any member of the Armed
Forces and any civilian employee of the Federal Government or
contractor of the Federal Government who serves with or accompanies an
Armed Force in the field under orders is fully accounted for by the
Federal Government and, as a general rule, is not declared dead solely
because of the passage of time.
SEC. 3. DETERMINATION OF WHEREABOUTS AND STATUS OF CERTAIN MISSING
PERSONS.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by adding at the end of the following new section:
``Sec. 1060a. Missing persons: informal investigations; inquiries;
determinations of death; personnel files
``(a) Informal Investigations.--
``(1) In general.--After receiving factual information that
the whereabouts or status of a person described in paragraph
(2) is uncertain and that the absence of the person may be
involuntary, the military commander of the unit, facility, or
area to or in which the person is assigned shall conduct an
investigation into the whereabouts and status of the person.
``(2) Covered persons.--Paragraph (1) applies to the
following individuals:
``(A) Any member of the armed forces who disappears
during a time or war or national emergency, or during a
period of such other hostilities as the Secretary of
Defense may prescribe.
``(B) Any civilian employee of the Federal
Government (including an employee of a contractor of
the Federal Government) who--
``(i) serves with or accompanies an armed
force in the field during such a time or
period; and
``(ii) disappears during such service or
accompaniment.
``(3) Further activities.--As a result of an investigation
into the whereabouts and status of a person under paragraph
(1), a commander shall--
``(A) place the person in a missing status;
``(B) submit a notice that the person has been
placed in a missing status to--
``(i) in the case of a person who is a
member of the armed forces, the officer having
general court-martial authority over the
person;
``(ii) in the case of a person who is a
civilian employee of the Federal Government or
contractor of the Federal Government, the
Secretary of the department employing the
person or contracting with the contractor;
``(C) retain and safeguard for official use any
information, documents, records, statements, or other
evidence relating to the whereabouts or status of the
person that result from the investigation or from
actions taken to locate the person; and
``(D) submit to the officer having general court-martial
authority over the person, in the case of a member of the armed
forces, or to the Secretary of the department employing the
person or contracting with the contractor, in the case of a
civilian employee of the Federal Government or contractor of
the Federal Government, as the case may be--
``(i) not later than 48 hours after the date on
which the absence of the person is officially noted, a
report that--
``(I) contains information on the absence
or disappearance of the person;
``(II) describes the actions taken to
locate the person; and
``(III) sets forth any information relating
to the whereabouts or status of the person not
contained in any previous report;
``(ii) not later than 7 days after such date, a
report that--
``(I) summarizes the actions taken to
locate the person; and
``(II) sets forth any information relating
to the whereabouts or status of the person not
contained in any previous report;
``(iii) not later than 30 days after such date, a
report that--
``(I) summarizes the continuing actions to
locate the person; and
``(II) sets forth any information on the
whereabouts or status of the person that
results from such actions; and
``(iv) at any other time, a report that sets forth
any other information that may be relevant to the
whereabouts or status of the person.
``(b) Initial Inquiry.--
``(1) In general.--Not later than 7 days after receiving
notification under subsection (a)(3)(B) that a person has been
placed in missing status, the officer having general court-
martial authority over the person, in the case of a person who
is a member of the armed forces, or the Secretary of the
department employing the person or contracting with the
contractor, in the case of a person who is a civilian employee
of the Federal Government or contractor of the Federal
Government, shall appoint a board to conduct an inquiry into
the whereabouts and status of the person.
``(2) Scope of certain inquiries.--If it appears to the
official who appoints a board under this subsection that the
absence or missing status of two or more persons is factually
related, the official may appoint one board under this
subsection to conduct the inquiry into the whereabouts or
status of the persons.
``(3) Composition.--
``(A) In general.--A board appointed under this
subsection shall consist of at least one individual
described in subparagraph (B) who has experience with
and understanding of military operations or activities
similar to the operation or activity in which the
person or persons disappeared.
``(B) Required member.--An individual referred to
in subparagraph (A) is the following:
``(i) A military officer, in the case of an
inquiry with respect to a member of the armed
forces.
``(ii) A civilian, in the case of an
inquiry with respect to a civilian employee of
the Federal Government or contractor of the
Federal Government.
``(C) Access to classified information.--Each
member of a board appointed for an inquiry under this
subsection shall have a security clearance that affords
the member access to all information relating to the
whereabouts and status of the missing person or persons
covered by the inquiry.
``(4) Activities.--A board appointed to conduct an inquiry
into the whereabouts or status of a missing person or persons
under this subsection shall--
``(A) collect, develop, and investigate all facts
and evidence relating to the disappearance,
whereabouts, or status of the person or persons;
``(B) collect appropriate documentation of the
facts and evidence covered by the investigation;
``(C) analyze the facts and evidence, make findings
based on the analysis, and draw conclusions as to the
current whereabouts and status of the person or
persons; and
``(D) recommend to the officer having general
court-martial authority over the person, in the case of
a person who is a member of the armed forces, or the
Secretary of the department employing the person or
contracting with the contractor, in the case of a
person who is a civilian employee of the Federal
Government or contractor of the Federal Government,
that--
``(i) the person or persons continue to
have a missing status; or
``(ii) the person or persons be declared
(I) to have deserted, (II) to be absent without
leave, or (III) to be dead.
``(5) Inquiry proceedings.--During the proceedings of an
inquiry under this subsection, a board shall--
``(A) collect, record, and safeguard all classified
and unclassified facts, documents, statements,
photographs, tapes, messages, maps, sketches, reports,
and other information relating to the whereabouts or
status of the person or persons covered by the inquiry;
``(B) gather facts and information relating to
actions taken to find the person or persons, including
any evidence of the whereabouts or status of the person
or persons that arises from such actions; and
``(C) maintain a record of the proceedings.
``(6) Counsel for missing person.--
``(A) In general.--The official who appoints a
board to conduct an inquiry under this subsection shall
appoint counsel to represent the person or persons
covered by the inquiry.
``(B) Qualifications.--An individual appointed as
counsel under this paragraph shall--
``(i) meet the qualifications set forth in
section 827(b) of this title (article 27(b) of
the Uniform Code of Military Justice); and
``(ii) have a security clearance that
affords the individual access to all
information relating to the whereabouts or
status of the person or persons covered by the
inquiry.
``(C) Responsibilities and duties.--An individual
appointed as counsel under this paragraph--
``(i) shall have access to all facts and
evidence considered by the board during the
proceedings under the inquiry for which the
counsel is appointed;
``(ii) shall observe all official
activities of the board during such
proceedings;
``(iii) may question witnesses before the
board;
``(iv) shall monitor the deliberations of
the board; and
``(v) shall review the report of the board
under paragraph (9); and
``(vi) shall submit to the official who
appointed the board an independent review of
such report.
``(D) Treatment of review.--A review of the report
of a board on an inquiry that is submitted under
subparagraph (C)(vi) shall be made an official part of
the record of the board with respect to the inquiry.
``(7) Access to meetings.--The proceedings of a board
during an inquiry under this subsection shall be closed to the
public, including to any member of the immediate family,
dependent, primary next of kin, or previously designated person
of the person or persons covered by the inquiry.
``(8) Recommendation on status.--
``(A) In general.--Upon completion of an inquiry
into the whereabouts or status of a person or persons
under this subsection, a board shall make a
recommendation to the official who appointed the board
as to the current whereabouts or status of the person
or persons.
``(B) Recommendation of status as dead.--
``(i) In general.--A board may not
recommend under subparagraph (A) that a person
or persons be declared dead unless conclusive
proof of the death of the person or persons is
established by the board.
``(ii) Definition.--In this subparagraph,
the term `conclusive proof of death', in the
case of a person or persons, means evidence
establishing that death is the only plausible
explanation for the absence of the person or
persons.
``(9) Report.--
``(A) Requirement.--A board appointed under this
subsection shall submit to the official who appointed
the board a report on the inquiry carried out by the
board. Such report shall include--
``(i) a discussion of the facts and
evidence considered by the board in the
inquiry; and
``(ii) the recommendation of the board
under paragraph (8).
``(B) Submittal date.--A board shall submit a
report under this paragraph not later than 45 days
after the date of the first official notice of the
disappearance of the person or persons covered by the
inquiry described in the report.
``(C) Public availability.--A report submitted
under this paragraph may not be made public until 1
year after the date referred to in subparagraph (B).
``(10) Actions by appointing official.--
``(A) Review.--Not later than 15 days after the
date of the receipt of a report from a board under
paragraph (9), the official who appointed the board
shall review--
``(i) the report; and
``(ii) the review submitted under paragraph
(6)(C)(vi) by the counsel for the person or
persons covered by the inquiry described in the
report.
``(B) Scope of review.--In conducting a review of a
report under subparagraph (A), the official receiving
the report shall determine whether or not the report is
complete and free of administrative error.
``(C) Return.--If an official determines under
subparagraph (B) that a report is incomplete, or that a
report is not free of administrative error, the
official may return the report to the board for further
action on the report by the board.
``(D) Determination of status.--Upon a
determination by the official concerned that a report
reviewed by the official under this paragraph is
complete and free of administrative error, the official
shall make a determination of the status of the person
or persons covered by the report.
``(11) Report to interested persons.--Not later than 90
days after the first official notice of the disappearance of a
person or persons, the official who appoints a board of inquiry
into the whereabouts or status of the person or person under
this subsection shall--
``(A) provide an unclassified summary of the report
of the board to the members of the immediate family,
dependents, primary next of kin, and previously
designated persons of the person or persons; and
``(B) inform the individuals referred to in
subparagraph (A) that the Federal Government will
conduct a subsequent inquiry into the whereabouts or
status of the person or persons not earlier than 1 year
after the date of the first official notice of the
disappearance of the person or persons, unless
information becomes available sooner that would result
in a substantial change in the official status of the
person or persons.
``(12) Additional investigation.--
``(A) In general.--If information on the
whereabouts or status of a person or persons covered by
an inquiry under this subsection becomes available
within 1 year after the date of the first official
notice of the disappearance of the person or persons,
the official who appointed the board to inquire into
the whereabouts or status of the person or persons
under this subsection shall appoint an additional board
to conduct an inquiry into the information
``(B) Conduct of inquiry.--The appointment and
activities of a board under this paragraph shall be
subject to the provisions of this subsection.
``(c) Subsequent Inquiry.--
``(1) Requirement.--
``(A) In general.--If as a result of an inquiry
under subsection (b) an official determines under
paragraph (10)(D) of that subsection that a person or
persons retain or be placed in a missing status, the
Secretary concerned shall appoint a board under this
subsection to conduct an inquiry into the whereabouts
and status of the person or persons.
``(B) Definition.--For purposes of this subsection,
the term `Secretary concerned' means the following:
``(i) In the case of a member of the armed
forces, the Secretary of the military
department having jurisdiction over the armed
force of the member.
``(ii) In the case of a civilian employee
of the Federal Government or contractor of the
Government, the Secretary of the department
employing the employee or contracting with the
contractor, as the case may be.
``(2) Date of appointment.--The Secretary concerned shall
appoint a board under this subsection to conduct an inquiry
into the whereabouts and status of a person or persons on or
about 1 year after the date of the first official notice of the
disappearance of the person or persons.
``(3) Scope of certain 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 subsection to conduct the inquiry into the
whereabouts or status of the persons.
``(4) Composition.--
``(A) In general.--Subject to subparagraphs (B) and
(C), a board appointed under this subsection shall
consist of the following:
``(i) In the case of a board appointed to
inquire into the whereabouts or status of a
member or members of the armed forces, not less
than three officers having a grade O-4 or
higher.
``(ii) In the case of a board appointed to
inquire into the whereabouts or status of a
civilian employee or employees of the Federal
Government or contractor of the Government--
``(I) not less than three civilian
employees of the Federal Government
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 concerned and
the Secretary of Defense jointly
determine advisable.
``(B) President of board.--The Secretary concerned
shall designate one member of each board appointed
under this subsection as President of the board. The
President shall have a security clearance that affords
the President access to all information relating to the
whereabouts and status of the person or persons covered
by the inquiry.
``(C) Requirements for other members.--
``(i) Attorney.--One member of each board
appointed under this subsection shall be an
attorney, or judge advocate, who has expertise
in the public law relating to missing persons,
the determination of death of such persons, and
the rights of family members and dependents of
such persons.
``(ii) Occupational specialist.--One member
of each board appointed under this subsection
shall be an individual who has--
``(I) an occupational specialty
similar to that of one or more of the
persons covered by the inquiry; and
``(II) an understanding of and
expertise in the official activities of
one or more such persons at the time
such person or persons disappeared.
``(iii) Expert in transportation.--If the
person or persons covered by an inquiry
disappeared in transit, one member of the board
appointed for the inquiry shall be an
individual whose occupational specialty relates
to the piloting, navigation, or operation of
the mode of transportation in which the person
or persons were travelling at the time such
person or persons disappeared.
``(5) Activities.--A board appointed under this subsection
to conduct an inquiry into the whereabouts or status of a
person or persons shall--
``(A) review the report under paragraph (9) of
subsection (b) of the board appointed to conduct the
inquiry into the status or whereabouts of the person or
persons under subsection (b) and the determination
under paragraph (10)(D) of that subsection of the
official who appointed the board under that subsection
as to the status of the person or persons;
``(B) collect and evaluate any documents, facts, or
other evidence with respect to the whereabouts or
status of the person or persons that have become
available since the completion of the inquiry under
subsection (b);
``(C) draw conclusions as to the whereabouts or
status of the person or persons;
``(D) determine on the basis of the activities
under subparagraphs (A) and (B) whether the status of
the person or persons should be continued or changed;
and
``(E) issue a report to the Secretary concerned
describing the findings and conclusions of the board,
together with a recommendation on the whereabouts or
status of the person or persons.
``(6) Counsel for missing person or persons.--
``(A) In general.--The Secretary who appoints a
board to conduct an inquiry under this subsection shall
appoint counsel to represent the person or persons
covered by the inquiry.
``(B) Qualifications.--An individual appointed as
counsel under this paragraph shall--
``(i) meet the qualifications set forth in
section 827(b) of this title (article 27(b) of
the Uniform Code of Military Justice); and
``(ii) have a security clearance that
affords the individual access to all
information relating to the whereabouts or
status of the person or persons.
``(C) Responsibilities and duties.--An individual
appointed as counsel under this paragraph--
``(i) shall have access to all facts and
evidence considered by the board during the
proceedings under the inquiry for which the
counsel is appointed;
``(ii) shall observe all official
activities of the board during such
proceedings;
``(iii) may question witnesses before the
board;
``(iv) shall monitor the deliberations of
the board; and
``(v) shall review the report of the board
under paragraph (11); and
``(vi) shall submit to the Secretary
concerned an independent review of the
recommendation of the board under paragraph
(10).
``(D) Treatment of review.--The review of the
report of a board on an inquiry that is submitted under
subparagraph (C)(vi) shall be made an official part of
the record of the board with respect to the inquiry.
``(7) Participation of certain interested persons in
proceedings.--
``(A) In general.--Notwithstanding any other
provision of law, the members of the immediate family,
dependents, primary next of kin, and previously
designated persons of the person or persons covered by
an inquiry under this subsection may participate at the
proceedings of the board during the inquiry.
``(B) Notification of persons.--The Secretary
concerned shall notify the individuals referred to in
subparagraph (A) of the opportunity to participate at
the proceedings of a board not later than 60 days
before the first meeting of the board.
``(C) Response.--An individual who receives notice
under subparagraph (B) shall notify the Secretary of
the intent, if any, of the individual to participate at
the proceedings of a board not later than 21 days after
the date of the individual's receipt of the notice.
``(D) Schedule and location of proceedings.--The
Secretary shall, to the maximum extent practicable,
provide that the schedule and location of the
proceedings of a board under this subsection be
established so as to be convenient to the individuals
who notify the Secretary under subparagraph (C) of
their intent to participate at such proceedings.
``(E) Manner of participation.--Individuals who
notify the Secretary under subparagraph (C) of their
intent to participate at the proceedings of a board--
``(i) in the case of individuals whose
entitlement to the pay or allowances (including
allotments) of a missing person could be
reduced or terminated as a result of a revision
in the status of the missing person, may attend
the proceedings of the board with private
counsel;
``(ii) shall have access to the personnel
file of the missing person, to unclassified
reports (if any) of the board appointed under
subsection (b) 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;
``(iii) shall be afforded the opportunity
to present information at the proceedings that
such individuals consider to be relevant to the
proceedings; and
``(iv) subject to subparagraph (F), shall
be afforded the opportunity to submit in
writing objections to the recommendations of
the board under paragraph (10) as to the status
of the missing person.
``(F) Objections.--Objections to the
recommendations of the board under subparagraph (E)(iv)
shall be submitted to the President of the board not
later than 24 hours after the date on which such
recommendations are made. The President shall include
the objections in the report of the board to the
Secretary concerned under paragraph (12).
``(G) Prohibition on reimbursement.--Individuals
referred to in subparagraph (A) who participate in the
proceedings of a board under this paragraph shall not
be entitled to reimbursement by the Federal Government
for any costs incurred by such individuals in attending
such proceedings, including travel, lodging, meals,
local transportation, legal fees, transcription costs,
witness expenses, and other expenses.
``(8) Availability of information to boards.--
``(A) In general.--In conducting proceedings in an
inquiry under this subsection, a board may secure
directly from any department or agency of the Federal
Government any information that the members of the
board consider necessary in order to conduct the
proceedings.
``(B) Authority to release.--Upon written request
from the President of a board, the head of a department
or agency of the Federal Government shall release
information covered by the request to the board. In
releasing such information, the head of the department
or agency shall--
``(i) declassify to an appropriate degree
classified information; or
``(ii) release the information in a manner
not requiring the removal of markings
indicating the classified nature of the
information.
``(C) Treatment of classified information.--
``(i) Release.--If a request for
information under subparagraph (B) covers
classified information that cannot be
declassified, cannot be removed before release
from the information covered by the request, or
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 paragraph (6).
``(ii) Use in proceedings.--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.
``(9) Board meetings.--
``(A) In general.--Subject to subparagraph (B), the
proceedings of a board under this subsection shall be
open to the public.
``(B) Exceptions.--A proceeding of a board shall be
closed to the public at the request of the following:
``(i) The counsel appointed under paragraph
(6) for the person or persons covered by the
proceeding.
``(ii) Any member of the immediate family,
dependent, primary next of kin, or previously
designated person of the person or persons.
``(iii) The Secretary who appointed the
board, but only if such Secretary determines
that a proceeding open to the public could
jeopardize the health and well-being of other
missing persons or impair the activities of the
Federal Government to recover missing persons
in the theater of operations or the area in
which the missing person or persons are thought
to have disappeared.
``(iv) The President of the board, but only
for discussion of classified information.
``(10) Recommendation on status.--
``(A) In general.--Upon completion of proceedings
in an inquiry under this subsection, a board shall make
a recommendation as to the current whereabouts or
status of the missing person or persons covered by the
inquiry.
``(B) Recommendation of dead status.--
``(i) In general.--A board may not
recommend under subparagraph (A) that a person
or persons be declared dead unless--
``(I) conclusive proof of death is
established by the board; and
``(II) in making the declaration,
the board complies with subsection (f).
``(ii) Definition.--In this subparagraph,
the term `conclusive proof of death', in the
case of a person or persons, means evidence
establishing that death is the only plausible
explanation for the absence of the person or
persons.
``(11) Report.--
``(A) Requirement.--A board appointed under this
subsection 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.
``(B) Classified annex.--The report may include a
classified annex.
``(12) Actions by secretary.--
``(A) Review.--Not later than 30 days after the
receipt of a report from a board under paragraph (11),
the Secretary concerned shall review--
``(i) the report;
``(ii) the review submitted to the
Secretary under paragraph (6)(C)(vi) by the
counsel for the person or persons covered by
the report; and
``(iii) the objections, if any, to the
report submitted to the President of the board
under paragraph (7)(F).
``(B) Scope of review.--In reviewing the report,
review, and objections under subparagraph (A), the
Secretary shall determine whether or not the report is
complete and free of administrative error.
``(C) Further action.--If the Secretary determines
under subparagraph (B) that a report is incomplete, or
that a 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.
``(D) Determination of status.--Upon a
determination by the Secretary that a report reviewed
by the Secretary under this paragraph is complete and
free of administrative error, the Secretary shall make
a determination of the status of the person or persons
covered by the report.
``(13) Report to interested persons.--Not later than 90
days after a board submits a report on a person or persons
under paragraph (11), the Secretary concerned shall--
``(A) provide an unclassified summary of the report
to the members of the immediate family, the dependents,
the primary next of kin, and the previously designated
persons of the person or persons covered by the report;
and
``(B) in the case of a person or persons who
continue to be in missing status, inform the members,
dependents, kin, and persons of the person or persons
that the Federal Government will conduct a further
investigation into the whereabouts or status of the
person or persons not later than 3 years after the date
of the official notice of the disappearance of the
person or persons, unless information becomes available
within that time that would result in a substantial
change in the official status of the person or persons.
``(14) Reconvening of board.--
``(A) In general.--If the Secretary concerned
recommends that a person or persons continue in missing
status, or that a missing person previously declared
dead be given a missing status, the Secretary shall
reconvene the board when information becomes available
that would directly lead to a determination of status
of the missing person or persons.
``(B) Conduct of proceedings.--The provisions of
this subsection shall apply to the activities of a
board convened under this paragraph.
``(d) Further Review.--
``(1) Subsequent review.--
``(A) In general.--The Secretary concerned shall
appoint a board to conduct an inquiry into the
whereabouts or status of any person or persons
determined by the Secretary under subsection (c)(12)(D)
to be a person or persons in missing status.
``(B) Frequency of appointment.--Subject to
subparagraph (C), the Secretary shall appoint a board
to conduct an inquiry with respect to a person or
persons under this paragraph--
``(i) on or about 3 years after the date of
the official notice of the disappearance of the
person or persons; and
``(ii) not later than every 3 years
thereafter.
``(C) Delimiting date.--The Secretary shall not be
required to appoint a board under this paragraph more
than 12 years after the end of the time of war or
emergency or period of hostilities in which the missing
person or persons disappeared.
``(2) Review of probative information.--Upon receipt of
information that could result in a change or revision of status
of a missing person or persons, the Secretary concerned shall
appoint a board to evaluate the information and make a
recommendation as to the status of the person or persons to
which the information relates.
``(3) Conduct of proceedings.--The appointment of and
activities before a board appointed under this subsection shall
be governed by the provisions of subsection (c).
``(e) Personnel Files.--
``(1) Information in files.--Except as provided in
paragraph (2), the Secretary of the department having
jurisdiction over a missing person at the time of the person's
disappearance shall, to the maximum extent practicable, ensure
that the personnel file of the person contains all information
in the possession of the Federal Government relating to the
disappearance and whereabouts or status of the person.
``(2) Classified information.--
``(A) Authority to withhold.--The Secretary
concerned may withhold classified information from a
personnel file under this subsection.
``(B) Notice of withholding.--If the Secretary
concerned withholds classified information from the
personnel file of a person, the Secretary shall ensure
that the file contains the following:
``(i) A notice that the withheld
information exists.
``(ii) A notice of the date of the most
recent review of the classification of the
withheld information.
``(3) Wrongful withholding.--Any person who knowingly and
willfully withholds from the personnel file of a missing person
any information (other than classified information) relating to
the disappearance or whereabouts or status of a missing person
shall be fined as provided in title 18, or imprisoned not more
than 1 year, or both.
``(4) Availability of information.--The Secretary concerned
shall, upon request, make available the contents of the
personnel file of a missing person to members of the immediate
family, dependents, primary next of kin, or previously
designated person of the person.
``(f) Recommendation of Status of Death.--
``(1) Requirements relating to recommendation.--A board
appointed under subsection (c) or (d) may not recommend that a
person be declared dead unless--
``(A) evidence (other than the passage of a period
of time of less than 50 years) exists to suggest that
the person is dead;
``(B) the Federal Government possesses no evidence
that reasonably suggests that the person is alive;
``(C) representatives of the Federal Government
have made a complete search of the area where the
person was last seen (unless, after making every good
faith effort to obtain access to such area, such
representatives are not granted such access); and
``(D) representatives of the Federal Government
have examined the records of the government or entity
having control over the area where the person was last
seen (unless, after making every good faith effort to
obtain access to such records, such representatives are
not granted such access).
``(2) Submittal of information on death.--If a board
appointed under subsection (c) or (d) makes a recommendation
that a missing person be declared dead, the board shall include
in the report of the board with respect to the person under
such subsection (c) or (d) the following:
``(A) A detailed description of the location where
the death occurred.
``(B) A statement of the date on which the death
occurred.
``(C) A description of the location of the body, if
recovered.
``(D) If the body has been recovered, a
certification by a licensed practitioner of forensic
medicine that the body recovered is that of the missing
person.
``(g) Judicial Review.--
``(1) In general.--
``(A) Judicial review.--A person referred to in
subparagraph (B) may obtain review of a finding
described in subparagraph (C) by the court of appeals
of the United States for the circuit in which the
person resides or in which the finding was made.
``(B) Availability of review.--Subparagraph (A)
applies to any of the following persons with respect to
a missing person subject to a finding described in
subparagraph (C):
``(i) A member of the immediate family of
the person.
``(ii) A dependent of the person.
``(iii) The primary next of kin of the
person.
``(iv) A person previously designated by
the person.
``(C) Covered findings.--Subparagraph (A) applies
to the following findings:
``(i) A finding by a board appointed under
subsection (c) or (d) that a missing person is
dead.
``(ii) A finding by a board appointed under
subsection (h) that confirms that a missing
person formerly declared dead is in fact dead.
``(D) Commencement of review.--A person referred to
in subparagraph (B) shall request review of a finding
under this paragraph by filing with the appropriate
court a written petition requesting that the finding be
set aside.
``(2) Appeal and finality of review.--The decision of the
court of appeals on a petition for review under paragraph (1)
shall be final, except that it shall be subject to review by
the Supreme Court upon certiorari, as provided in section 1254
of title 28.
``(3) Additional review.--
``(A) In general.--Subject to subparagraph (B),
upon request by a person referred to in paragraph
(1)(B), the Secretary concerned shall appoint a board
to review the status of a person covered by a finding
described in paragraph (1)(C) if the court of appeals
sets aside the finding and--
``(i) the time allowed for filing a
petition for certiorari has expired and no such
petition has been duly filed;
``(ii) the petition for certiorari has been
denied; or
``(iii) the decision of the court of
appeals has been affirmed by the Supreme Court.
``(B) Delimiting date.--A person referred to in
subparagraph (A) shall make a request referred to in
that subparagraph not later than 3 years after the date
of the event under that subparagraph that entitles the
person to request the appointment of a board.
``(h) Persons Previously Declared Dead.--
``(1) Review of status.--
``(A) In general.--Not later than 2 years after the
date of the enactment of the Missing Service Personnel
Act of 1994, a person referred to in subparagraph (B)
may submit to the appropriate Secretary a request for
appointment by the Secretary of a board to review the
status of a person previously declared dead.
``(B) Availability.--A board shall be appointed
under this paragraph based on the request of any of the
following persons:
``(i) An adult member of the immediate
family of a person previously declared dead.
``(ii) An adult dependent of such person.
``(iii) The primary next of kin of such
person.
``(iv) A person previously designated by
such person.
``(C) Appropriate Secretary.--A request under this
paragraph shall be submitted to the Secretary of the
department of the Federal Government that had
jurisdiction over the person covered by the request at
the time of the person's disappearance.
``(2) Appointment of board.--Upon request of a person under
paragraph (1), the Secretary concerned shall appoint a board to
review the status of the person covered by the request.
``(3) Activities of board.--A board appointed under
paragraph (2) to review the status of a person shall--
``(A) conduct an investigation to determine the
status of the person; and
``(B) issue a report describing the findings of the
board under the investigation and the recommendations
of the board as to the status of the person.
``(4) Subsequent review.--If the Secretary concerned is
apprised of any information which would directly lead to a
determination of the status of a missing person, the Secretary
shall reconvene a board to consider the information.
``(5) Effect of change in status.--If a board appointed
under this subsection recommends placing a person previously
declared dead in a missing status such person shall accrue no
pay or allowances as a result of the placement of the person in
such status.
``(i) Return Alive of Person Declared Missing or Dead.--
``(1) Pay and allowances.--Any person in a missing status
or declared dead under the Missing Persons Act of 1942 (56
Stat. 143) or by a board appointed under this section who is
found alive and returned to the control of the United States
shall be paid for the full time of the absence of the person
while given that status or declared dead under the law and
regulations relating to the pay and allowances of persons
returning from a missing status.
``(2) Effect on gratuities paid as a result of status.--
Paragraph (1) shall not be interpreted to invalidate or
otherwise affect the receipt by any person of a death gratuity
or other payment from the United States on behalf of a person
referred to in paragraph (1) before the date of the enactment
of the Missing Service Personnel Act of 1994.
``(j) Effect on State Law.--Nothing in this section shall be
construed to invalidate or limit the power of any State court or
administrative entity, or the power of any court or administrative
entity of any political subdivision thereof, to find or declare a
person dead for purposes of the such State or political subdivision.
``(k) Definitions.--In this section:
``(1) 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.
``(2) The term `dependent', in the case of a missing
person, mean any individual who would, but for the status of
the person, be entitled to receive the pay and allowances
(including allotments) of the person.
``(3) The term `member of the immediate family', in the
case of a missing person, means the spouse, adopted or natural
child, parent, and sibling of the missing person.
``(4) The term `missing person' means--
``(A) a member of the armed forces on active duty
who is missing; or
``(B) a civilian employee serving with or
accompanying an armed force under orders who is
missing.
``(6) The term `missing status' means the status of a
missing person who is determined to be absent in a status of--
``(A) missing;
``(B) missing in action;
``(C) interned in a foreign country;
``(D) captured, beleaguered, or besieged by a
hostile force; or
``(E) detained in a foreign country against his or
her will.
``(6) The term `primary next of kin', in the case of a
missing person, means--
``(A) the principal individual who, but for the
status of the person, would receive financial support
from the person; or
``(B) in the case of a missing person for whom
there is no individual meeting the requirement of
subparagraph (A), the family member or other individual
designated by the missing person to receive death
gratuities.
``(7) The term `previously designated person', in the case
of a missing person, means an individual (other than an
individual who is a member of the immediate family of the
missing person) designated by the missing person as the
individual to be notified of all matters relating to the status
of the missing person.
``(8) The term `State' means any State, the District of
Columbia, the Commonwealth of Puerto Rico, and any territory or
possession of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 53 of title 10, United States Code, is amended by adding the
end the following:
``1060a. Missing persons: informal investigations; inquiries;
determinations of death; personnel
files.''.
(c) Conforming Amendments.--(1)(A) Section 555 of title 37, United
States Code, is repealed.
(B) The table of sections at the beginning of chapter 10 of such
title is amended by striking out the item relating to section 555.
(2) Section 552 of such title is amended--
(A) in the second sentence of the flush matter following
paragraph (2) in subsection (a), by striking out ``for all
purposes,'' and all that follows through the end of the
sentence and inserting in lieu thereof ``for all purposes.'';
(B) in striking out paragraph (2) of subsection (b) and
inserting in lieu thereof the following:
``(2) that his death is determined under section 1060a of
title 10.''; and
(C) in subsection (e), by striking ``section 555 of this
title'' and inserting ``section 1060a of title 10''.
(3) Section 553 of such title is amended--
(A) in subsection (f), by inserting ``under section 1060a
of title 10'' after ``When the Secretary concerned'';
(B)) by striking out ``the Secretary concerned receives
evidence'' and inserting in lieu thereof ``a board convened
under section 1060a of title 10 reports''; and
(C) in subsection (g), by striking out ``section 555 of
this title'' and inserting ``section 1060a of title 10''.
(4) Section 556 of such title is amended--
(A) in subsection (a)--
(i) by inserting ``and'' at the end of paragraph
(3);
(ii) by striking out the semicolon at the end of
paragraph (4) and inserting in lieu thereof a period;
and
(iii) by striking paragraphs (1), (5), (6), and (7)
and redesignating paragraphs (2), (3), and (4) as
paragraphs (1), (2), and (3), respectively;
(B) by striking out subsection (b) and redesignating
subsections (c), (d), (e), (f), (g), and (h) as subsections
(b), (c), (d), (e), (f), and (g), respectively; and
(C) in subsection (g), as so redesignated--
(i) by striking out the second sentence; and
(ii) by striking ``status'' and inserting ``pay''.
(5) Section 557(a)(1) of such title is amended by striking out ``,
553, and 555'' and inserting in lieu thereof ``and 553''.
(6) Section 559(b)(4)(B) of such title is amended by striking out
``section 556(f)'' and inserting in lieu thereof ``section 556(e)''.
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