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10 U.S.C. § 1509 — Program to resolve missing person cases
Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Required; Covered Conflicts.—** The Secretary of Defense shall implement a comprehensive, coordinated, integrated, and fully resourced program to account for persons described in subparagraph (A) or (B) of [section 1513(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1513/1&num=0&edition=prelim) who are unaccounted for from the following conflicts:
(1) World War II during the period beginning on December 7, 1941, and ending on December 31, 1946, including members of the armed forces who were lost during flight operations in the Pacific theater of operations covered by section 576 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; [10 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1501&num=0&edition=prelim) note).
(2) The Cold War during the period beginning on September 2, 1945, and ending on August 21, 1991.
(3) The Korean War during the period beginning on June 27, 1950, and ending on January 31, 1955.
(4) The Indochina War era during the period beginning on July 8, 1959, and ending on May 15, 1975.
(5) The Persian Gulf War during the period beginning on August 2, 1990, and ending on February 28, 1991.
(6) Such other conflicts in which members of the armed forces served as the Secretary of Defense may designate.
**(b) Implementation.—**
(1) The Secretary of Defense shall implement the program within the Department of Defense through the designated Agency Director.
(2)
(A) The Secretary shall assign or detail to the designated Defense Agency on a full-time basis a senior medical examiner from the personnel of the Armed Forces Medical Examiner System. The primary duties of the medical examiner so assigned or detailed shall inc
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Source file: Laws/federal/codes/united-states-code/title-10/section-1509-program-to-resolve-missing-person-cases--de6a0cf38e.md
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Source location: Title 10, Chapter 76, § 1509; chapter-076-missing-persons.md
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**(a) Program Required; Covered Conflicts.—** The Secretary of Defense shall implement a comprehensive, coordinated, integrated, and fully resourced program to account for persons described in subparagraph (A) or (B) of [section 1513(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1513/1&num=0&edition=prelim) who are unaccounted for from the following conflicts:
(1) World War II during the period beginning on December 7, 1941, and ending on December 31, 1946, including members of the armed forces who were lost during flight operations in the Pacific theater of operations covered by section 576 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; [10 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1501&num=0&edition=prelim) note).
(2) The Cold War during the period beginning on September 2, 1945, and ending on August 21, 1991.
(3) The Korean War during the period beginning on June 27, 1950, and ending on January 31, 1955.
(4) The Indochina War era during the period beginning on July 8, 1959, and ending on May 15, 1975.
(5) The Persian Gulf War during the period beginning on August 2, 1990, and ending on February 28, 1991.
(6) Such other conflicts in which members of the armed forces served as the Secretary of Defense may designate.
**(b) Implementation.—**
(1) The Secretary of Defense shall implement the program within the Department of Defense through the designated Agency Director.
(2)
(A) The Secretary shall assign or detail to the designated Defense Agency on a full-time basis a senior medical examiner from the personnel of the Armed Forces Medical Examiner System. The primary duties of the medical examiner so assigned or detailed shall include the identification of remains in support of the function of the designated Agency Director to account for unaccounted for persons covered by subsection (a).
(B) In carrying out functions under this chapter, the medical examiner so assigned or detailed shall report to the designated Agency Director.
(C) The medical examiner so assigned or detailed shall—
(i) exercise scientific identification authority;
(ii) establish identification and laboratory policy consistent with the Armed Forces Medical Examiner System; and
(iii) advise the designated Agency Director on forensic science disciplines.
(D) Nothing in this chapter shall be interpreted as affecting the authority of the Armed Forces Medical Examiner under [section 1471 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1471&num=0&edition=prelim).
**(c) Treatment as Missing Persons.—** Each unaccounted for person covered by subsection (a) shall be considered to be a missing person for purposes of the applicability of other provisions of this chapter to the person.
**(d) Establishment of Personnel Files; Centralized Database.—**
(1) The Secretary of Defense shall ensure that a personnel file is established and maintained for each person covered by subsection (a) if the Secretary—
(A) possesses any information relevant to the status of the person; or
(B) receives any new information regarding the missing person as provided in subsection (e).
(2) The Secretary of Defense shall ensure that each file established under this subsection contains all relevant information pertaining to a person covered by subsection (a) and is readily accessible to all elements of the department, the combatant commands, and the armed forces involved in the effort to account for the person.
(3) Each file established under this subsection shall be handled in accordance with, and subject to the provisions of, [section 1506 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1506&num=0&edition=prelim) in the same manner as applies to the file of a missing person otherwise subject to such section.
(4) The Secretary of Defense shall establish and maintain a single centralized database and case management system containing information on all missing persons for whom a file has been established under this subsection. The database and case management system shall be accessible to all elements of the Department of Defense involved in the search, recovery, identification, and communications phases of the program established by this section.
**(e) Review of Status Requirements.—**
(1) If new information (as described in paragraph (3)) is found or received that may be related to one or more unaccounted for persons covered by subsection (a), whether or not such information specifically relates (or may specifically relate) to any particular such unaccounted for person, that information shall be provided to the Secretary of Defense.
(2) Upon receipt of new information under paragraph (1), the Secretary shall ensure that—
(A) the information is treated under paragraph (2) of subsection (c) of [section 1505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1505&num=0&edition=prelim), relating to addition of the information to the personnel file of a person and notification requirements, in the same manner as information received under paragraph (1) under such subsection; and
(B) the information is treated under paragraph (3) of subsection (c) and subsection (d) of such section, relating to a board review under such section, in the same manner as information received under paragraph (1) of such subsection (c).
(3) For purposes of this subsection, new information is information that is credible and that—
(A) is found or received after November 18, 1997, by a United States intelligence agency, by a Department of Defense agency, or by a person specified in [section 1504(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1504/g&num=0&edition=prelim); or
(B) is identified after November 18, 1997, in records of the United States as information that could be relevant to the case of one or more unaccounted for persons covered by subsection (a).
**(f) Coordination Requirements.—**
(1) In carrying out the program, the designated Agency Director shall ensure coordination with the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, and the commanders of the combatant commands.
(2) In carrying out the program, the Secretary of Defense shall establish close coordination with the Department of State, the Central Intelligence Agency, and the National Security Council staff to enhance the ability of the Department of Defense to account for persons covered by subsection (a).
(3) In carrying out the program, the designated Agency Director shall coordinate all external communications and events associated with the program.
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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) Information in Files.—** Except as provided in subsections (b), (c), and (d), the Secretary concerned shall, to the maximum extent practicable, ensure that the personnel file of a missing person contains all information in the possession of the United States relating to the disappearance and whereabouts and status of the person.
**(b) Classified Information.—**
(1) The Secretary concerned may withhold classified information from a personnel file under this section. If the Secretary concerned withholds classified information from a personnel file, the Secretary shall ensure that the file contains the following:
(A) A notice that the withheld information exists.
(B) A notice of the date of the most recent review of the classification of the withheld information.
(2)
(A) If classified information withheld under this subsection refers to one or more unnamed missing persons, the Secretary shall ensure that notice of that withheld information, and notice of the date of the most recent review of the classification of that withheld information, is made reasonably accessible to the primary next of kin, members of the immediate family, and the previously designated person of all missing persons from the conflict or period of war to which the classified information pertains.
(B) For purposes of subparagraph (A), information shall be considered to be made reasonably accessible if placed in a separate and distinct file that is available for review by persons specified in subparagraph (A) upon the request of any such person either to review the separate file or to review the personnel file of the missing person concerned.
**(c) Protection of Privacy.—** The Secretary concerned shall maintain personnel files under this section, and shall permit disclosure of or a
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1506
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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) Authority.—** Under regulations prescribed by the Secretary of Defense, the Armed Forces Medical Examiner may conduct a forensic pathology investigation to determine the cause or manner of death of a deceased person if such an investigation is determined to be justified under circumstances described in subsection (b). The investigation may include an autopsy of the decedent’s remains.
**(b) Basis for Investigation.—**
(1) A forensic pathology investigation of a death under this section is justified if at least one of the circumstances in paragraph (2) and one of the circumstances in paragraph (3) exist.
(2) A circumstance under this paragraph is a circumstance under which—
(A) it appears that the decedent was killed or that, whatever the cause of the decedent’s death, the cause was unnatural;
(B) the cause or manner of death is unknown;
(C) there is reasonable suspicion that the death was by unlawful means;
(D) it appears that the death resulted from an infectious disease or from the effects of a hazardous material that may have an adverse effect on the military installation or community involved; or
(E) the identity of the decedent is unknown.
(3) A circumstance under this paragraph is a circumstance under which—
(A) the decedent—
(i) was found dead or died at an installation garrisoned by units of the armed forces that is under the exclusive jurisdiction of the United States;
(ii) was a member of the armed forces on active duty or inactive duty for training;
(iii) was recently retired under chapter 61 of this title as a result of an injury or illness incurred while a member on active duty or inactive duty for training; or
(iv) was a civilian dependent of a member of the armed forces and was found dead or died outside the
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1471
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Right of Review.—** A person who is the primary next of kin (or the previously designated person) of a person who is the subject of a finding described in subsection (b) may obtain judicial review in a United States district court of that finding, but only on the basis of a claim that there is information that could affect the status of the missing person’s case that was not adequately considered during the administrative review process under this chapter. Any such review shall be as provided in [section 706 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706&num=0&edition=prelim).
**(b) Findings for Which Judicial Review May Be Sought.—** Subsection (a) applies to the following findings:
(1) A finding by a board appointed under section 1504 or 1505 of this title that a missing person is dead.
(2) A finding by a board appointed under [section 1509 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1509&num=0&edition=prelim) that confirms that a missing person formerly declared dead is in fact dead.
**(c) Subsequent Review.—** Appeals from a decision of the district court shall be taken to the appropriate United States court of appeals and to the Supreme Court as provided by law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1508
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Federal law — U.S. Code and appendices · legal_authorities
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 subsection (a) of [section 1509 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1509&num=0&edition=prelim) who is required by subsection (c) of such section 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 to the extent practicable 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1482/c&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1513
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Federal law — U.S. Code and appendices · legal_authorities
Page 1419
TITLE 10—ARMED FORCES
§ 1501
Sec.
1501a.
Public-private partnerships; other forms of
support.
1502.
Missing persons: initial report.
1503.
Actions of Secretary concerned; initial board
inquiry.
1504.
Subsequent board of inquiry.
1505.
Further review.
1506.
Personnel files.
1507.
Recommendation of status of death.
1508.
Judicial review.
1509.
Program to resolve missing person cases.
1510.
Applicability to Coast Guard.
1511.
Return alive of person declared missing or
dead.
1512.
Effect on State law.
1513.
Definitions.
Editorial Notes
AMENDMENTS
2014—Pub. L. 113–291, div. A, title IX, § 916(f)(2), Dec.
19, 2014, 128 Stat. 3479, added item 1501a and substituted
‘‘Program to resolve missing person cases’’ for ‘‘Pro-
gram to resolve preenactment missing person cases’’ in
item 1509.
2009—Pub. L. 111–84, div. A, title V, § 541(b), Oct. 28,
2009, 123 Stat. 2298, substituted ‘‘Program to resolve
preenactment
missing
person
cases’’
for
‘‘Preenactment cases’’ in item 1509.
1996—Pub. L. 104–201, div. A, title V, § 578(f)(2)(B),
Sept. 23, 1996, 110 Stat. 2537, struck out ‘‘, special inter-
est’’ after ‘‘Preenactment’’ in item 1509.
Statutory Notes and Related Subsidiaries
DETERMINATION AND REPORTING OF MEMBERS MISSING,
ABSENT
UNKNOWN, ABSENT
WITHOUT
LEAVE,
AND
DUTY STATUS-WHEREABOUTS UNKNOWN
Pub. L. 117–81, div. A, title V, § 548, Dec. 27, 2021, 135
Stat. 1714, provided that:
‘‘(a) COMPREHENSIVE REVIEW OF MISSING PERSONS RE-
PORTING.—The Secretary of Defense shall instruct each
Secretary of a military department to perform a com-
prehensive review of the policies and procedures of the
military department concerned to determine and re-
port a member of an Armed Force under the jurisdic-
tion of such Secretary of a military
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1501
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Federal law — U.S. Code and appendices · legal_authorities
Page 1430
TITLE 10—ARMED FORCES
§ 1507
of a missing person shall be fined as provided in title 18
or imprisoned not more than one year, or both.’’
§ 1507. Recommendation of status of death
(a) REQUIREMENTS RELATING TO RECOMMENDA-
TION.—A board appointed under section 1503,
1504, or 1505 of this title may not recommend
that a person be declared dead unless—
(1) credible evidence exists to suggest that
the person is dead;
(2) the United States possesses no credible
evidence that suggests that the person is
alive; and
(3) representatives of the United States—
(A) have made a complete search of the
area where the person was last seen (unless,
after making a good faith effort to obtain
access to such area, such representatives are
not granted such access); and
(B) have examined the records of the gov-
ernment or entity having control over the
area where the person was last seen (unless,
after making a good faith effort to obtain
access to such records, such representatives
are not granted such access).
(b) SUBMITTAL OF INFORMATION ON DEATH.—If a
board appointed under section 1503, 1504, or 1505
of this title 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 that section the following:
(1) A detailed description of the location
where the death occurred.
(2) A statement of the date on which the
death occurred.
(3) A description of the location of the body,
if recovered.
(4) If the body has been recovered and is not
identifiable through visual means, a certifi-
cation by a forensic pathologist that the body
recovered is that of the missing person. In de-
termining whether to make such a certifi-
cation, the forensic pathologist shall consider,
as det
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1509
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