10 U.S.C. § 1501a — Public-private partnerships; other forms

Page 1422 TITLE 10—ARMED FORCES § 1501a Defense, shall work with officials of governments of na- tions in the area that was covered by the Pacific the- ater of operations of World War II to seek to overcome any diplomatic obstacles that may impede the Sec- retary of Defense from carrying out the objectives specified in subsection (a)(1).’’ POW/MIA INTELLIGENCE ANALYSIS Pub. L. 105–85, div. A, title IX, § 934, Nov. 18, 1997, 111 Stat. 1866, as amended by Pub. L. 106–65, div. A, title X, § 1066(c)(4), Oct. 5, 1999, 113 Stat. 773, provided that: ‘‘(a) INTELLIGENCE ANALYSIS.—The Director of Cen- tral Intelligence, in consultation with the Secretary of Defense, shall provide intelligence analysis on matters concerning prisoners of war and missing persons (as de- fined in chapter 76 of title 10, United States Code) to all departments and agencies of the Federal Government involved in such matters. ‘‘(b) USE OF INTELLIGENCE IN ANALYSIS OF POW/MIA CASES IN DEPARTMENT OF DEFENSE.—The Secretary of Defense shall ensure that the Defense Prisoner of War/ Missing Personnel Office of the Department of Defense takes into full account all intelligence regarding mat- ters concerning prisoners of war and missing persons (as defined in chapter 76 of title 10, United States Code) in analyzing cases involving such persons.’’ [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.] CONGRESSIONAL STATEMENT OF PURPOSE Pub. L. 104–106, div. A, title V, § 569(a), Feb. 10, 1996, 110 Stat. 336, provided that: ‘‘The purpose of this sec- tion [enacting this chapter and section 655 of this title, amending sections 552, 553, 555, and 556 of Title 37, Pay and Allowances of the Uniformed Services, and enact- ing provisions set out as a note under section 5561 of Title 5, Government Organization and Employees] is to ensure that any member of the Armed Forces (and any Department of Defense civilian employee or contractor employee who serves with or accompanies the Armed Forces in the field under orders) who becomes missing or unaccounted for is ultimately accounted for by the United States and, as a general rule, is not declared dead solely because of the passage of time.’’ § 1501a. Public-private partnerships; other forms of support (a) PUBLIC-PRIVATE PARTNERSHIPS.—The Sec- retary of Defense may enter into arrangements known as public-private partnerships with ap- propriate entities outside the Government for the purposes of facilitating the activities of the designated Defense Agency. The Secretary may only partner with foreign governments or for- eign entities with the concurrence of the Sec- retary of State. Any such arrangement shall be entered into in accordance with authorities pro- vided under this section or any other authority otherwise available to the Secretary. Regula- tions prescribed under subsection (f)(1) shall in- clude provisions for the establishment and im- plementation of such partnerships. An employee of an entity outside the Government that has entered into a public-private partnership, coop- erative agreement, or a grant arrangement 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, co- operative agreement, or grant, only for the pur- poses of section 552a of title 5 (relating to main- tenance of records on individuals). (b) ACCEPTANCE OF VOLUNTARY PERSONAL SERVICES.—The Secretary of Defense may accept voluntary services to facilitate accounting for missing persons in the same manner as the Sec- retary of a military department may accept such services under section 1588(a)(9) of this title. (c) COOPERATIVE AGREEMENTS AND GRANTS.— (1) IN GENERAL.—The Secretary of Defense may enter into a cooperative agreement with, or make a grant to, a private entity for pur- poses related to support of the activities of the designated Defense Agency. (2) INAPPLICABILITY OF CERTAIN CONTRACT RE- QUIREMENTS.—Notwithstanding section 3201(e) of this title, the Secretary may enter such co- operative agreements or grants on a sole- source basis pursuant to section 3204(a)(5) of this title. (d) USE OF DEPARTMENT OF DEFENSE PERSONAL PROPERTY.—The Secretary may allow a private entity to use, at no cost, personal property of the Department of Defense to assist the entity in supporting the activities of the designated Defense Agency. (e) ACCEPTANCE OF GIFTS.— (1) AUTHORITY TO ACCEPT.—Subject to sub- section (f)(2), the Secretary may accept, hold, administer, spend, and use any gift of personal property, money, or services made on the con- dition that the gift be used for the purpose of facilitating accounting for missing persons pursuant to section 1501(a)(2)(C) of this title. (2) GIFT FUNDS.—Gifts and bequests of money accepted under this subsection shall be depos- ited in the Treasury in the Department of De- fense General Gift Fund. (3) USE OF GIFTS.—Personal property and money accepted under this subsection may be used by the Secretary, and services accepted under this subsection may be performed, with- out further specific authorization in law. (4) EXPENSES OF TRANSFER.—The Secretary may pay all necessary expenses in connection with the conveyance or transfer of a gift ac- cepted under this subsection. (5) EXPENSES OF CARE.—The Secretary may pay all reasonable and necessary expenses in connection with the care of a gift accepted under this subsection. (f) REGULATIONS.— (1) IN GENERAL.—The Secretary of Defense shall prescribe regulations to implement this section. (2) LIMITATION.—Such regulations shall pro- vide that acceptance of a gift (including a gift of services) or use of a gift under this section may not occur if the nature or circumstances of the acceptance or use would compromise the integrity, or the appearance of integrity, of any program of the Department of Defense or any individual involved in such program. (g) DEFINITIONS.—In this section: (1) COOPERATIVE AGREEMENT.—The term ‘‘co- operative agreement’’ means an authorized co- 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