10 U.S.C. § 1505 — Further review

Page 1428 TITLE 10—ARMED FORCES § 1505 Subsec. (d)(4). Pub. L. 105–85, § 599(a)(3)(B), substituted ‘‘section 1503(c)(4)’’ for ‘‘section 1503(c)(3)’’. Subsec. (f)(1). Pub. L. 105–85, § 599(d)(1), inserted at end ‘‘The identity of counsel appointed under this para- graph for a missing person shall be made known to the missing person’s primary next of kin and any other pre- viously designated person of the person.’’ Subsec. (i)(1). Pub. L. 105–85, § 1073(a)(30), substituted ‘‘this section’’ for ‘‘this subsection’’. 1996—Subsec. (d)(1). Pub. L. 104–201, § 578(a)(3)(A), added text of par. (1) and struck out former text of par. (1) which read as follows: ‘‘A board appointed under this section shall be composed of at least three mem- bers as follows: ‘‘(A) In the case of a board that will inquire into the whereabouts and status of one or more members of the armed forces (and no civilians described in sub- paragraph (B)), the board shall be composed of offi- cers having the grade of major or lieutenant com- mander or above. ‘‘(B) In the case of a board that will inquire into the whereabouts and status of one or more civilian em- ployees of the Department of Defense or contractors of the Department of Defense (and no members of the armed forces), the board shall be composed of— ‘‘(i) not less than three employees of the Depart- ment of Defense 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 sec- tion 5332 of title 5; and ‘‘(ii) such members of the armed forces as the Secretary considers advisable. ‘‘(C) In the case of a board that will inquire into the whereabouts and status of both one or more members of the armed forces and one or more civilians de- scribed in subparagraph (B)— ‘‘(i) the board shall include at least one officer de- scribed in subparagraph (A) and at least one em- ployee of the Department of Defense described in subparagraph (B)(i); and ‘‘(ii) the ratio of such officers to such employees on the board shall be roughly proportional to the ratio of the number of members of the armed forces who are subjects of the board’s inquiry to the num- ber of civilians who are subjects of the board’s in- quiry.’’ Subsec. (d)(4). Pub. L. 104–201, § 578(a)(3)(B), sub- stituted ‘‘section 1503(c)(3)’’ for ‘‘section 1503(c)(4)’’. § 1505. Further review (a) SUBSEQUENT REVIEW.—The Secretary con- cerned shall conduct subsequent inquiries into the whereabouts and status of any person deter- mined by the Secretary under section 1504 of this title 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 IN- FORMATION.—(1) Whenever any United States in- telligence agency or other element of the Gov- ernment 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 para- graph (1), the Secretary of Defense shall as expe- ditiously as possible ensure that the informa- tion 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 des- ignated person for the missing person of the ex- istence 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 in- formation is significant enough to require a board review under this section. (d) CONDUCT OF PROCEEDINGS.—If it is deter- mined that such a board should be appointed, the appointment of, and activities before, a board appointed under this section shall be gov- erned by the provisions of section 1504 of this title with respect to a board appointed under that section. (Added Pub. L. 104–106, div. A, title V, § 569(b)(1), Feb. 10, 1996, 110 Stat. 345; amended Pub. L. 104–201, div. A, title V, § 578(c), Sept. 23, 1996, 110 Stat. 2536; Pub. L. 113–291, div. A, title IX, § 916(c), Dec. 19, 2014, 128 Stat. 3478; Pub. L. 114–328, div. A, title IX, § 953(b), Dec. 23, 2016, 130 Stat. 2376.) Editorial Notes AMENDMENTS 2016—Subsec. (c). Pub. L. 114–328 substituted ‘‘Sec- retary of Defense’’ for ‘‘designated Agency Director’’ in pars. (1), (2), and (3). 2014—Subsec. (c)(1). Pub. L. 113–291, § 916(c)(1), sub- stituted ‘‘the designated Agency Director’’ for ‘‘the of- fice established under section 1501 of this title’’. Subsec. (c)(2), (3). Pub. L. 113–291, § 916(c)(2), sub- stituted ‘‘designated Agency Director’’ for ‘‘head of the office established under section 1501 of this title’’. 1996—Subsec. (b). Pub. L. 104–201 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘(1) In the case of a missing person who was last known to be alive or who was last suspected of being alive, the Secretary shall appoint a board to conduct an inquiry with respect to a person under this sub- section— ‘‘(A) on or about three years after the date of the initial report of the disappearance of the person under section 1502(a) of this title; and ‘‘(B) not later than every three years thereafter. ‘‘(2) In addition to appointment of boards under para- graph (1), the Secretary shall appoint a board to con- duct an inquiry with respect to a missing person under this subsection upon receipt of information that could result in a change of status of the missing person. When the Secretary appoints a board under this para- graph, the time for subsequent appointments of a board under paragraph (1)(B) shall be determined from the date of the receipt of such information. ‘‘(3) The Secretary is not required to appoint a board under paragraph (1) with respect to the disappearance of any person— ‘‘(A) more than 30 years after the initial report of the disappearance of the missing person required by section 1502 of this title; or ‘‘(B) if, before the end of such 30-year period, the missing person is accounted for.’’ § 1506. Personnel files (a) INFORMATION IN FILES.—Except as provided in subsections (b), (c), and (d), the Secretary concerned shall, to the maximum extent prac- ticable, ensure that the personnel file of a miss- ing person contains all information in the pos- session of the United States relating to the dis- appearance and whereabouts and status of the person. (b) CLASSIFIED INFORMATION.—(1) The Sec- retary concerned may withhold classified infor-