10 U.S.C. § 1509 — Program to resolve missing person cases

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 determined necessary by the Secretary of the military department concerned, additional evidence and information provided by appro- priate specialists in forensic medicine or other appropriate medical sciences. (Added Pub. L. 104–106, div. A, title V, § 569(b)(1), Feb. 10, 1996, 110 Stat. 347; amended Pub. L. 104–201, div. A, title V, § 578(e), Sept. 23, 1996, 110 Stat. 2537; Pub. L. 105–85, div. A, title V, § 599(c), Nov. 18, 1997, 111 Stat. 1768.) Editorial Notes AMENDMENTS 1997—Subsec. (b)(3), (4). Pub. L. 105–85 added pars. (3) and (4). 1996—Subsec. (b)(3), (4). Pub. L. 104–201 struck out pars. (3) and (4) which read as follows: ‘‘(3) A description of the location of the body, if re- covered. ‘‘(4) If the body has been recovered and is not identifi- able through visual means, a certification by a practi- tioner of an appropriate forensic science that the body recovered is that of the missing person.’’ § 1508. Judicial review (a) RIGHT OF REVIEW.—A person who is the pri- mary next of kin (or the previously designated person) of a person who is the subject of a find- ing described in subsection (b) may obtain judi- cial 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 re- view shall be as provided in section 706 of title 5. (b) FINDINGS FOR WHICH JUDICIAL REVIEW MAY BE SOUGHT.—Subsection (a) applies to the fol- lowing findings: (1) A finding by a board appointed under sec- tion 1504 or 1505 of this title that a missing person is dead. (2) A finding by a board appointed under sec- tion 1509 of this title that confirms that a missing person formerly declared dead is in fact dead. (c) SUBSEQUENT REVIEW.—Appeals from a deci- sion of the district court shall be taken to the appropriate United States court of appeals and to the Supreme Court as provided by law. (Added Pub. L. 104–106, div. A, title V, § 569(b)(1), Feb. 10, 1996, 110 Stat. 348.) § 1509. Program to resolve missing person cases (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 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 Authoriza- tion Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 1501 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 begin- ning 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 De- fense 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 per- sonnel of the Armed Forces Medical Examiner System. The primary duties of the medical ex- aminer so assigned or detailed shall include the identification of remains in support of the func- Page 1431 TITLE 10—ARMED FORCES § 1509 tion of the designated Agency Director to ac- count for unaccounted for persons covered by subsection (a). (B) In carrying out functions under this chap- ter, the medical examiner so assigned or de- tailed shall report to the designated Agency Di- rector. (C) The medical examiner so assigned or de- tailed shall— (i) exercise scientific identification author- ity; (ii) establish identification and laboratory policy consistent with the Armed Forces Med- ical Examiner System; and (iii) advise the designated Agency Director on forensic science disciplines. (D) Nothing in this chapter shall be inter- preted as affecting the authority of the Armed Forces Medical Examiner under section 1471 of this title. (c) TREATMENT AS MISSING PERSONS.—Each un- accounted 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; CEN- TRALIZED DATABASE.—(1) The Secretary of De- fense shall ensure that a personnel file is estab- lished 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 con- tains 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 in- volved 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 in the same manner as applies to the file of a miss- ing person otherwise subject to such section. (4) The Secretary of Defense shall establish and maintain a single centralized database and case management system containing informa- tion 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, identi- fication, and communications phases of the pro- gram 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 sub- section (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 Sec- retary of Defense. (2) Upon receipt of new information under paragraph (1), the Secretary shall ensure that— (A) the information is treated under para- graph (2) of subsection (c) of section 1505 of this title, relating to addition of the informa- tion to the personnel file of a person and noti- fication requirements, in the same manner as information received under paragraph (1) under such subsection; and (B) the information is treated under para- graph (3) of subsection (c) and subsection (d) of such section, relating to a board review under such section, in the same manner as informa- tion received under paragraph (1) of such sub- section (c). (3) For purposes of this subsection, new infor- mation 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; 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 sub- section (a). (f) COORDINATION REQUIREMENTS.—(1) In car- rying out the program, the designated Agency Director shall ensure coordination with the Sec- retaries of the military departments, the Chair- man of the Joint Chiefs of Staff, and the com- manders 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 Intel- ligence Agency, and the National Security Council staff to enhance the ability of the De- partment of Defense to account for persons cov- ered by subsection (a). (3) In carrying out the program, the des- ignated Agency Director shall coordinate all ex- ternal communications and events associated with the program. (Added Pub. L. 104–106, div. A, title V, § 569(b)(1), Feb. 10, 1996, 110 Stat. 348; amended Pub. L. 104–201, div. A, title V, § 578(f)(1), (2)(A), Sept. 23, 1996, 110 Stat. 2537; Pub. L. 105–85, div. A, title V, § 599(e), Nov. 18, 1997, 111 Stat. 1769; Pub. L. 106–65, div. A, title X, § 1066(a)(14), Oct. 5, 1999, 113 Stat. 771; Pub. L. 111–84, div. A, title V, § 541(a), Oct. 28, 2009, 123 Stat. 2296; Pub. L. 113–291, div. A, title IX, § 916(d), (f)(1), Dec. 19, 2014, 128 Stat. 3478, 3479.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–291, § 916(f)(1), substituted ‘‘Program to resolve missing person cases’’ for ‘‘Program to re- solve preenactment missing person cases’’ in section catchline. Subsec. (b). Pub. L. 113–291, § 916(d)(1)(A), struck out ‘‘PROCESS’’ after ‘‘IMPLEMENTATION’’ in heading. Subsec. (b)(1). Pub. L. 113–291, § 916(d)(1)(B), sub- stituted ‘‘through the designated Agency Director’’ for ‘‘POW/MIA accounting community’’. Subsec. (b)(2). Pub. L. 113–291, § 916(d)(1)(C), added par. (2) and struck out former par. (2) which defined ‘‘POW/ MIA accounting community’’. Subsec. (d). Pub. L. 113–291, § 916(d)(2)(A), inserted ‘‘; CENTRALIZED DATABASE’’ after ‘‘FILES’’ in heading. Subsec. (d)(4). Pub. L. 113–291, § 916(d)(2)(B), added par. (4). Page 1432 TITLE 10—ARMED FORCES § 1510 Subsec. (f)(1). Pub. L. 113–291, § 916(d)(3)(A), sub- stituted ‘‘In carrying out the program, the designated Agency Director shall ensure coordination’’ for ‘‘In es- tablishing and carrying out the program, the Secretary of Defense shall coordinate’’. Subsec. (f)(2). Pub. L. 113–291, § 916(d)(3)(B), inserted ‘‘staff’’ after ‘‘National Security Council’’ and struck out ‘‘POW/MIA accounting community’’ after ‘‘Depart- ment of Defense’’. Subsec. (f)(3). Pub. L. 113–291, § 916(d)(3)(C), added par. (3). 2009—Pub. L. 111–84 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to review of status of missing person cases arising before enactment of this chapter. 1999—Subsec. (a)(2)(A), (B). Pub. L. 106–65 substituted ‘‘November 18, 1997,’’ for ‘‘the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998’’. 1997—Subsec. (a). Pub. L. 105–85, § 599(e)(1), added sub- sec. (a) and struck out former subsec. (a) which read as follows: ‘‘(a) REVIEW OF STATUS.—In the case of an unac- counted for person covered by section 1501(c) of this title who is described in subsection (b), if new informa- tion that could change the status of that person is found or received by a United States intelligence agen- cy, by a Department of Defense agency, or by a person specified in section 1504(g) of this title, that informa- tion shall be provided to the Secretary of Defense with a request that the Secretary evaluate the information in accordance with sections 1505(c) and 1505(d) of this title.’’ Subsec. (d). Pub. L. 105–85, § 599(e)(2), added subsec. (d). 1996—Pub. L. 104–201, § 578(f)(2)(A), struck out ‘‘, special interest’’ after ‘‘Preenactment’’ in section catchline. Subsecs. (c), (d). Pub. L. 104–201, § 578(f)(1), redesig- nated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: ‘‘(c) SPECIAL RULE FOR PERSONS CLASSIFIED AS ‘KIA/ BNR’.—In the case of a person described in subsection (b) who was classified as ‘killed in action/body not re- covered’, the case of that person may be reviewed under this section only if the new information referred to in subsection (a) is compelling.’’ Statutory Notes and Related Subsidiaries IMPLEMENTATION Pub. L. 111–84, div. A, title V, § 541(d), Oct. 28, 2009, 123 Stat. 2298, provided that: ‘‘(1) PRIORITY.—A priority of the program required by section 1509 of title 10, United States Code, as amended by subsection (a), to resolve missing person cases aris- ing before the enactment of chapter 76 of such title by section 569 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 336) [approved Feb. 10, 1996] shall be the return of missing persons to United States control alive. ‘‘(2) ACCOUNTING FOR GOAL.—In implementing the pro- gram, the Secretary of Defense, in coordination with the officials specified in subsection (f)(1) of section 1509 of title 10, United States Code, shall provide such funds, personnel, and resources as the Secretary considers ap- propriate to increase significantly the capability and capacity of the Department of Defense, the Armed Forces, and commanders of the combatant commands to account for missing persons so that, beginning with fiscal year 2015, the POW/MIA accounting community has sufficient resources to ensure that at least 200 missing persons are accounted for under the program annually. ‘‘(3) DEFINITIONS.—In this subsection: ‘‘(A) The term ‘accounted for’ has the meaning given such term in section 1513(3)(B) of title 10, United States Code. ‘‘(B) The term ‘POW/MIA accounting community’ has the meaning given such term in section 1509(b)(2) of such title.’’ § 1510. Applicability to Coast Guard (a) DESIGNATED OFFICER TO HAVE RESPONSI- BILITY.—The Secretary of Homeland Security shall designate an officer of the Department of Homeland Security to have responsibility with- in the Department of Homeland Security for matters relating to missing persons who are members of the Coast Guard. (b) PROCEDURES.—The Secretary of Homeland Security shall prescribe procedures for the de- termination of the status of persons described in section 1501(c) of this title who are members of the Coast Guard and for the collection, analysis, review, and update of information on such per- sons. To the maximum extent practicable, the procedures prescribed under this section shall be similar to the procedures prescribed by the Sec- retary of Defense under section 1501(b) of this title. (Added Pub. L. 104–106, div. A, title V, § 569(b)(1), Feb. 10, 1996, 110 Stat. 349; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–296 substituted ‘‘of Homeland Secu- rity’’ for ‘‘of Transportation’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. § 1511. Return alive of person declared missing or dead (a) PAY AND ALLOWANCES.—Any person (except for a person subsequently determined to have been absent without leave or a deserter) in a missing status or declared dead under sub- chapter VII of chapter 55 of title 5 or chapter 10 of title 37 or by a board appointed under this chapter who is found alive and returned to the control of the United States shall be paid for the full time of the absence of the person while given that status or declared dead under the law and regulations relating to the pay and allow- ances of persons returning from a missing sta- tus. (b) EFFECT ON GRATUITIES PAID AS A RESULT OF STATUS.—Subsection (a) shall not be interpreted to invalidate or otherwise affect the receipt by any person of a death gratuity or other payment from the United States on behalf of a person re- ferred to in subsection (a) before February 10, 1996. (Added Pub. L. 104–106, div. A, title V, § 569(b)(1), Feb. 10, 1996, 110 Stat. 349; amended Pub. L. 107–107, div. A, title X, § 1048(c)(10), Dec. 28, 2001, 115 Stat. 1226.) Editorial Notes AMENDMENTS 2001—Subsec. (b). Pub. L. 107–107 substituted ‘‘Feb- ruary 10, 1996’’ for ‘‘the date of the enactment of this chapter’’.