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10 U.S.C. § 1502 — Missing persons: initial report
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1501/c&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1501/b&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1501&num=0&edition=prelim)) safeguard and forward for official use any information relating to the whereabouts and status of the missing person that result
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Stable record: federal_law:legal_authorities:record_usc_78195f70575c0318159d0337
Source file: Laws/federal/codes/united-states-code/title-10/section-1502-missing-persons-initial-report--361d5366ba.md
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Passage SHA-256: 1c4a1052e1c08e41510486632665fb23c144dcb0c6353e77f015c3c9a3520055
Source location: Title 10, Chapter 76, § 1502; chapter-076-missing-persons.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1501/c&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1501/b&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1501&num=0&edition=prelim)) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Responsibility for Missing Persons.—**
(1)
(A) The Secretary of Defense shall designate a single organization within the Department of Defense to have responsibility for Department matters relating to missing persons from past conflicts, including accounting for missing persons and persons whose remains have not been recovered from the conflict in which they were lost.
(B) The organization designated under this paragraph shall be a Defense Agency or other entity of the Department of Defense outside the military departments and is referred to in this chapter as the “designated Defense Agency”.
(C) The head of the organization designated under this paragraph is referred to in this chapter as the “designated Agency Director”.
(2) Subject to the authority, direction, and control of the Secretary of Defense, the responsibilities of the designated Agency Director shall include the following:
(A) Policy, control, and oversight of the program established under [section 1509 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1509&num=0&edition=prelim).
(B) Responsibility for accounting for missing persons from past conflicts, including locating, recovering, and identifying missing persons from past conflicts or their remains after hostilities have ceased.
(C) Coordination for the Department of Defense with other departments and agencies of the United States on all matters concerning missing persons from past conflicts.
(D) Dissemination of appropriate information on the status of missing persons from past conflicts to authorized family members.
(E) Establishment of a means for communication between officials of the designated Defense Agency and family members of missing persons from past conflicts, veterans
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1501
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1504&num=0&edition=prelim) 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](https://us
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1505
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (d), when a member of a uniformed service entitled to pay and allowances under [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section552&num=0&edition=prelim) has been in a missing status, and the official report of his death or of the circumstances of his absence has not been received by the Secretary concerned, he shall, before the end of a 12-month period in that status, have the case fully reviewed. After that review and the end of the 12-month period in a missing status, or after a later review which shall be made when warranted by information received or other circumstances, the Secretary concerned, or his designee, may—
(1) if the member can reasonably be presumed to be living, direct a continuance of his missing status; or
(2) make a finding of death.
**(b)** When a finding of death is made under subsection (a), it shall include the date death is presumed to have occurred for the purpose of—
(1) ending the crediting of pay and allowances;
(2) settlement of accounts; and
(3) payment of death gratuities.
That date is—
(A) the day after the day on which the 12-month period in a missing status ends; or
(B) if the missing status has been continued under subsection (a), the day determined by the Secretary concerned, or his designee.
**(c)** For the sole purpose of determining status under this section, a dependent of a member on active duty is treated as if he were a member. Any determination made by the Secretary concerned, or his designee, under this section is conclusive on all other departments and agencies of the United States. This subsection does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled.
**(d)** This
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 555
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Federal law — U.S. Code and appendices · legal_authorities
Page 1423
TITLE 10—ARMED FORCES
§ 1503
operative agreement as described in section
6305 of title 31.
(2) GRANT.—The term ‘‘grant’’ means an au-
thorized grant as described in section 6304 of
title 31.
(3) GIFT.—The term ‘‘gift’’ includes a devise
or bequest.
(Added Pub. L. 113–291, div. A, title IX, § 916(b),
Dec. 19, 2014, 128 Stat. 3477; amended Pub. L.
115–232, div. A, title V, § 523, Aug. 13, 2018, 132
Stat. 1756; Pub. L. 116–283, div. A, title XVIII,
§ 1883(b)(2), Jan. 1, 2021, 134 Stat. 4294.)
Editorial Notes
AMENDMENTS
2021—Subsec. (c)(2). Pub. L. 116–283 substituted
‘‘3201(e) of this title’’ for ‘‘2304(k) of this title’’ and
‘‘3204(a)(5) of this title’’ for ‘‘2304(c)(5) of this title’’.
2018—Subsec. (a). Pub. L. 115–232, § 523(a), (c), sub-
stituted ‘‘subsection (f)(1)’’ for ‘‘subsection (e)(1)’’ and
inserted at end ‘‘An employee of an entity outside the
Government that has entered into a public-private
partnership, cooperative agreement, or a grant ar-
rangement with, or in direct support of, the designated
Defense Agency under this section shall be considered
to be an employee of the Federal Government by reason
of participation in such partnership, cooperative agree-
ment, or grant, only for the purposes of section 552a of
title 5 (relating to maintenance of records on individ-
uals).’’
Subsecs. (e), (f). Pub. L. 115–232, § 523(b)(1), (2), added
subsec. (e) and redesignated former subsec. (e) as (f).
Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 115–232, § 523(b)(1), (3), redesig-
nated subsec. (f) as (g) and added par. (3).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 116–283 effective Jan. 1, 2022,
with additional provisions for delayed implementation
and applicabilit
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1502
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