10 U.S.C. § 1502 — Missing persons: initial report

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 applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. § 1502. Missing persons: initial report (a) PRELIMINARY ASSESSMENT AND REC- OMMENDATION 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 as- signed shall make a preliminary assessment of the circumstances. If, as a result of that assess- ment, 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 con- taining that recommendation to the Secretary concerned in accordance with procedures pre- scribed under section 1501(b) of this title. (b) TRANSMISSION OF ADVISORY COPY TO THE- ATER COMPONENT COMMANDER.—When transmit- ting a report under subsection (a)(2) recom- mending 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 juris- diction 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 pro- cedures 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. (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 AMENDMENTS 1997—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), sub- stituted ‘‘10 days’’ for ‘‘48 hours’’ and ‘‘Secretary con- cerned’’ for ‘‘theater component commander with juris- diction 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 pre- liminary assessment or from actions taken to locate the person is properly safeguarded to avoid loss, dam- age, 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 COMPO- NENT COMMANDER.—Upon reviewing a report under sub- section (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 com- mander shall forward the report to the Secretary of De- fense 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). § 1503. Actions of Secretary concerned; initial board inquiry (a) DETERMINATION BY SECRETARY.—Upon re- ceiving a recommendation under section 1502(a) of this title that a person be placed in a missing status, the Secretary receiving the rec- ommendation shall review the recommendation and, not later than 10 days after receiving such recommendation, shall appoint a board under this section to conduct an inquiry into the whereabouts and status of the person. (b) INQUIRIES INVOLVING MORE THAN ONE MISS- ING PERSON.—If it appears to the Secretary who appoints a board under this section that the ab- sence or missing status of two or more persons is factually related, the Secretary may appoint a single board under this section to conduct the inquiry into the whereabouts and status of all such persons. (c) COMPOSITION.—(1) A board appointed under this section to inquire into the whereabouts and