10 U.S.C. § 1503 — Actions of Secretary concerned; initial

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 Page 1424 TITLE 10—ARMED FORCES § 1503 status of a person shall consist of at least one individual described in paragraph (2) who has ex- perience with and understanding of military op- erations or activities similar to the operation or activity in which the person disappeared. (2) An individual referred to in paragraph (1) is the following: (A) A military officer, in the case of an in- quiry with respect to a member of the armed forces. (B) A civilian, in the case of an inquiry with respect to a civilian employee of the Depart- ment of Defense or of a contractor of the De- partment of Defense. (3) An individual may be appointed as a mem- ber of a board under this section only if the indi- vidual has a security clearance that affords the individual access to all information relating to the whereabouts and status of the missing per- sons covered by the inquiry. (4) A Secretary appointing a board under this subsection shall, for purposes of providing legal counsel to the board, assign to the board a judge advocate, or appoint to the board an attorney, who has expertise in the law relating to missing persons, the determination of death of such per- sons, and the rights of family members and de- pendents of such persons. (d) DUTIES OF BOARD.—A board appointed to conduct an inquiry into the whereabouts and status of a missing person under this section shall— (1) collect, develop, and investigate all facts and evidence relating to the disappearance or whereabouts and status of the person; (2) collect appropriate documentation of the facts and evidence covered by the board’s in- vestigation; (3) analyze the facts and evidence, make findings based on that analysis, and draw con- clusions as to the current whereabouts and status of the person; and (4) with respect to each person covered by the inquiry, recommend to the Secretary who appointed the board that— (A) the person be placed in a missing sta- tus; or (B) the person be declared to have de- serted, to be absent without leave, or (sub- ject to the requirements of section 1507 of this title) to be dead. (e) BOARD PROCEEDINGS.—During the pro- ceedings of an inquiry under this section, a board shall— (1) collect, record, and safeguard all facts, documents, statements, photographs, tapes, messages, maps, sketches, reports, and other information (whether classified or unclassi- fied) relating to the whereabouts and status of each person covered by the inquiry; (2) gather information relating to actions taken to find the person, including any evi- dence of the whereabouts and status of the person arising from such actions; and (3) maintain a record of its proceedings. (f) COUNSEL FOR MISSING PERSON.—(1) The Sec- retary appointing a board to conduct an inquiry under this section shall appoint counsel to rep- resent each person covered by the inquiry or, in a case covered by subsection (b), one counsel to represent all persons covered by the inquiry. Counsel appointed under this paragraph may be referred to as ‘‘missing person’s counsel’’ and represents the interests of the person covered by the inquiry (and not any member of the person’s family or other interested parties). The identity of counsel appointed under this paragraph for a missing person shall be made known to the missing person’s primary next of kin and any other previously designated person of the per- son. (2) To be appointed as a missing person’s coun- sel, a person must— (A) have the qualifications specified in sec- tion 827(b) of this title (article 27(b) of the Uni- form Code of Military Justice) for trial coun- sel or defense counsel detailed for a general court-martial; (B) have a security clearance that affords the counsel access to all information relating to the whereabouts and status of the person or persons covered by the inquiry; and (C) have expertise in the law relating to missing persons, the determination of the death of such persons, and the rights of family members and dependents of such persons. (3) A missing person’s counsel— (A) shall have access to all facts and evi- dence considered by the board during the pro- ceedings under the inquiry for which the coun- sel is appointed; (B) shall observe all official activities of the board during such proceedings; (C) may question witnesses before the board; and (D) shall monitor the deliberations of the board. (4) A missing person’s counsel shall assist the board in ensuring that all appropriate informa- tion concerning the case is collected, logged, filed, and safeguarded. The primary next of kin of a missing person and any other previously designated person of the missing person shall have the right to submit information to the missing person’s counsel relative to the dis- appearance or status of the missing person. (5) A missing person’s counsel shall review the report of the board under subsection (h) and sub- mit to the Secretary concerned who appointed the board an independent review of that report. That review shall be made an official part of the record of the board. (g) ACCESS TO PROCEEDINGS.—The proceedings of a board during an inquiry under this section shall be closed to the public (including, with re- spect to the person covered by the inquiry, the primary next of kin, other members of the im- mediate family, and any other previously des- ignated person of the person). (h) REPORT.—(1) A board appointed under this section shall submit to the Secretary who ap- pointed the board a report on the inquiry carried out by the board. The report shall include— (A) a discussion of the facts and evidence considered by the board in the inquiry; (B) the recommendation of the board under subsection (d) with respect to each person cov- ered by the report; and (C) disclosure of whether classified docu- ments and information were reviewed by the Page 1425 TITLE 10—ARMED FORCES § 1504 board or were otherwise used by the board in forming recommendations under subparagraph (B). (2) A board shall submit a report under this subsection with respect to the inquiry carried out by the board not later than 30 days after the date of the appointment of the board to carry out the inquiry. The report may include a classi- fied annex. (3) The Secretary of Defense shall prescribe procedures for the release of a report submitted under this subsection with respect to a missing person. Such procedures shall provide that the report may not be made public (except as pro- vided for in subsection (j)) until one year after the date on which the report is submitted. (i) DETERMINATION BY SECRETARY.—(1) Not later than 30 days after receiving a report from a board under subsection (h), the Secretary re- ceiving the report shall review the report. (2) In reviewing a report under paragraph (1), the Secretary shall determine whether or not the report is complete and free of administrative error. If the Secretary determines that the re- port is incomplete, or that the report is not free of administrative error, the Secretary may re- turn the report to the board for further action on the report by the board. (3) Upon a determination by the Secretary that a report reviewed under this subsection is complete and free of administrative error, the Secretary shall make a determination con- cerning the status of each person covered by the report, including whether the person shall— (A) be declared to be missing; (B) be declared to have deserted; (C) be declared to be absent without leave; or (D) be declared to be dead. (j) REPORT TO FAMILY MEMBERS AND OTHER IN- TERESTED PERSONS.—Not later than 30 days after the date on which the Secretary concerned makes a determination of the status of a person under subsection (i), the Secretary shall take reasonable actions to— (1) provide to the primary next of kin, the other members of the immediate family, and any other previously designated person of the person— (A) an unclassified summary of the unit commander’s report with respect to the per- son under section 1502(a) of this title; and (B) the report of the board (including the names of the members of the board) under subsection (h); and (2) inform each individual referred to in paragraph (1) that the United States will con- duct a subsequent inquiry into the where- abouts and status of the person on or about one year after the date of the first official no- tice of the disappearance of the person, unless information becomes available sooner that may result in a change in status of the person. (k) TREATMENT OF DETERMINATION.—Any de- termination of the status of a missing person under subsection (i) shall be treated as the de- termination of the status of the person by all de- partments and agencies of the United States. (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(a)(2), (b)(2), Sept. 23, 1996, 110 Stat. 2536; Pub. L. 105–85, div. A, title V, § 599(a)(2), (d), Nov. 18, 1997, 111 Stat. 1767, 1769.) Editorial Notes AMENDMENTS 1997—Subsec. (c)(1). Pub. L. 105–85, § 599(a)(2)(A), sub- stituted ‘‘one individual described in paragraph (2)’’ for ‘‘one military officer’’. Subsec. (c)(2) to (4). Pub. L. 105–85, § 599(a)(2)(B), (C), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. 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. (f)(4). Pub. L. 105–85, § 599(d)(2), inserted at end ‘‘The primary next of kin of a missing person and any other previously designated person of the missing person shall have the right to submit information to the missing person’s counsel relative to the disappear- ance or status of the missing person.’’ 1996—Subsec. (a). Pub. L. 104–201, § 578(b)(2), sub- stituted ‘‘section 1502(a)’’ for ‘‘section 1502(b)’’. Subsec. (c)(1). Pub. L. 104–201, § 578(a)(2)(A), sub- stituted ‘‘one military officer’’ for ‘‘one individual de- scribed in paragraph (2)’’. Subsec. (c)(2) to (4). Pub. L. 104–201, § 578(a)(2)(B), (C), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: ‘‘An individual referred to in paragraph (1) is the fol- lowing: ‘‘(A) A military officer, in the case of an inquiry with respect to a member of the armed forces. ‘‘(B) A civilian, in the case of an inquiry with re- spect to a civilian employee of the Department of De- fense or of a contractor of the Department of De- fense.’’ § 1504. Subsequent board of inquiry (a) ADDITIONAL BOARD.—If information that may result in a change of status of a person cov- ered by a determination under section 1503(i) of this title becomes available within one year after the date of the transmission of a report with respect to the person under section 1502(a)(2) of this title, the Secretary concerned shall appoint a board under this section to con- duct an inquiry into the information. (b) DATE OF APPOINTMENT.—The Secretary concerned shall appoint a board under this sec- tion to conduct an inquiry into the whereabouts and status of a missing person on or about one year after the date of the transmission of a re- port concerning the person under section 1502(a)(2) of this title. (c) COMBINED INQUIRIES.—If it appears to the Secretary concerned that the absence or status of two or more persons is factually related, the Secretary may appoint one board under this sec- tion to conduct the inquiry into the where- abouts and status of such persons. (d) COMPOSITION.—(1) A board appointed under this section shall be composed of at least three members 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 ci- vilians described in subparagraph (B)), the board shall be composed of officers having the grade of major or lieutenant commander or above.