[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 945 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 945

  To amend title 10, United States Code, to establish procedures for 
   determining the status of missing members of the Armed Forces and 
           certain missing civilians, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 1995

Mr. Gilman (for himself, Ms. Molinari, Mrs. Thurman, and Mr. Hamilton) 
 introduced the following bill; which was referred to the Committee on 
                           National Security

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to establish procedures for 
   determining the status of missing members of the Armed Forces and 
           certain missing civilians, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Missing Service Personnel Act of 
1995''.

SEC. 2. PURPOSE.

    The purpose of this Act is to ensure that any member of the Armed 
Forces, and any civilian employee of the Federal Government or 
contractor of the Federal Government who serves with or accompanies an 
Armed Force in the field under orders, is fully accounted for by the 
Federal Government and, as a general rule, is not declared dead solely 
because of the passage of time.

SEC. 3. DETERMINATION OF WHEREABOUTS AND STATUS OF CERTAIN MISSING 
              PERSONS.

    (a) In General.--Chapter 53 of title 10, United States Code, is 
amended by adding at the end of the following new section:
``Sec. 1060b. Missing persons: members and certain civilian employees; 
              determinations of status
    ``(a) Informal Investigations.--
            ``(1) In general.--After receiving factual information that 
        the whereabouts or status of a person described in paragraph 
        (2) is uncertain or that the absence of such a person may be 
        involuntary, the military commander of the unit, facility, or 
        area to or in which the person is assigned shall conduct an 
        investigation into the whereabouts and status of the person.
            ``(2) Covered persons.--Paragraph (1) applies to the 
        following individuals:
                    ``(A) Any member of the armed forces who disappears 
                during a time of war or national emergency, or during a 
                period of such other hostilities as the Secretary of 
                Defense may prescribe.
                    ``(B) Any civilian employee of the Federal 
                Government (including an employee of a contractor of 
                the Federal Government) who--
                            ``(i) serves with or accompanies an armed 
                        force in the field during such a time or 
                        period; and
                            ``(ii) disappears during such service or 
                        accompaniment.
            ``(3) Further activities.--As a result of an investigation 
        into the whereabouts and status of a person under paragraph 
        (1), a commander shall--
                    ``(A) if the whereabouts and status of the person 
                remain uncertain, place the person in a missing status;
                    ``(B) submit a notice that the person has been 
                placed in a missing status to--
                            ``(i) in the case of a person who is a 
                        member of the armed forces, the officer having 
                        general court-martial authority over the 
                        person;
                            ``(ii) in the case of a person who is a 
                        civilian employee of the Federal Government or 
                        an employee of a contractor of the Federal 
                        Government, the Secretary concerned;
                    ``(C) retain and safeguard for official use any 
                information, documents, records, statements, or other 
                evidence relating to the whereabouts or status of the 
                person that result from the investigation or from 
                actions taken to locate the person; and
                    ``(D) submit to the officer having general court-
                martial authority over the person, in the case of a 
                member of the armed forces, or to the Secretary 
                concerned, in the case of a civilian employee of the 
                Federal Government or of a contractor of the Federal 
                Government, as the case may be--
                            ``(i) not later than 48 hours after the 
                        date on which the absence of the person is 
                        officially noted, a report that--
                                    ``(I) contains information on the 
                                absence or disappearance of the person;
                                    ``(II) describes the actions taken 
                                to locate the person; and
                                    ``(III) sets forth any information 
                                relating to the whereabouts or status 
                                of the person not contained in any 
                                previous report;
                            ``(ii) not later than 7 days after such 
                        date, a report that--
                                    ``(I) summarizes the actions taken 
                                to locate the person; and
                                    ``(II) sets forth any information 
                                relating to the whereabouts or status 
                                of the person not contained in any 
                                previous report;
                            ``(iii) not later than 30 days after such 
                        date, a report that--
                                    ``(I) summarizes the continuing 
                                actions to locate the person; and
                                    ``(II) sets forth any information 
                                on the whereabouts or status of the 
                                person that has resulted from such 
                                actions; and
                            ``(iv) at any other time, a report that 
                        sets forth any other information that may be 
                        relevant to the whereabouts or status of the 
                        person.
    ``(b) Initial Inquiry.--
            ``(1) In general.--Not later than 7 days after receiving 
        notification under subsection (a)(3)(B) that a person has been 
        placed in missing status, the officer having general court-
        martial authority over the person, in the case of a person who 
        is a member of the armed forces, or the Secretary concerned, in 
        the case of a person who is a civilian employee of the Federal 
        Government or of a contractor of the Federal Government, shall 
        appoint a board to conduct an inquiry into the whereabouts and 
        status of the person.
            ``(2) Combined inquiries.--If it appears to the official 
        who appoints a board under this subsection that the absence or 
        missing status of two or more persons is factually related, the 
        official may appoint one board under this subsection to conduct 
        the inquiry into the whereabouts or status of the persons.
            ``(3) Composition.--
                    ``(A) In general.--A board appointed under this 
                subsection shall consist of at least one individual 
                described in subparagraph (B) who has experience with 
                and an understanding of military operations or 
                activities similar to the operation or activity in 
                which the person or persons subject to the inquiry 
                disappeared.
                    ``(B) Required member.--An individual referred to 
                in subparagraph (A) is the following:
                            ``(i) A military officer, in the case of an 
                        inquiry with respect to a member of the armed 
                        forces.
                            ``(ii) A civilian, in the case of an 
                        inquiry with respect to a civilian employee of 
                        the Federal Government or of a contractor of 
                        the Federal Government.
                    ``(C) Access to classified information.--Each 
                member of a board appointed for an inquiry under this 
                subsection shall have a security clearance that affords 
                the member access to all information relating to the 
                whereabouts and status of the person or persons covered 
                by the inquiry.
            ``(4) Activities.--A board appointed to conduct an inquiry 
        into the whereabouts or status of a person or persons under 
        this subsection shall--
                    ``(A) collect, develop, and investigate all facts 
                and evidence relating to the disappearance, 
                whereabouts, and status of the person or persons;
                    ``(B) collect appropriate documentation of the 
                facts and evidence covered by the investigation;
                    ``(C) analyze the facts and evidence, make findings 
                based on the analysis, and draw conclusions as to the 
                current whereabouts and status of the person or 
                persons; and
                    ``(D) recommend to the officer having general 
                court-martial authority over the person, in the case of 
                a person who is a member of the armed forces, or to the 
                Secretary concerned, in the case of a person who is a 
                civilian employee of the Federal Government or of a 
                contractor of the Federal Government, that the person 
                or persons--
                            ``(i) continue to have a missing status; or
                            ``(ii) be declared (I) to have deserted, 
                        (II) to be absent without leave, or (III) to be 
                        dead.
            ``(5) Proceedings.--A board conducting an inquiry under 
        this subsection shall--
                    ``(A) collect, record, and safeguard all classified 
                and unclassified facts, documents, statements, 
                photographs, tapes, messages, maps, sketches, reports, 
                and other information relating to the whereabouts or 
                status of the person or persons covered by the inquiry;
                    ``(B) gather facts and information relating to 
                actions taken to find the person or persons, including 
                any evidence of the whereabouts or status of the person 
                or persons that arises from such actions; and
                    ``(C) maintain a record of its proceedings.
            ``(6) Counsel for missing persons.--
                    ``(A) In general.--The official who appoints a 
                board to conduct an inquiry under this subsection shall 
                appoint counsel to represent the person or persons 
                covered by the inquiry. In the case of an appointment 
                by a Secretary who is not a Secretary of a military 
                department, the appointment shall be made by the 
                Secretary of the appropriate military department in 
                consultation with such Secretary.
                    ``(B) Qualifications.--An individual appointed as 
                counsel under this paragraph shall--
                            ``(i) meet the qualifications set forth in 
                        section 827(b) of this title (article 27(b) of 
                        the Uniform Code of Military Justice); and
                            ``(ii) have a security clearance that 
                        affords the individual access to all 
                        information relating to the whereabouts or 
                        status of the person or persons covered by the 
                        inquiry.
                    ``(C) Responsibilities and duties.--An individual 
                appointed as counsel under this paragraph--
                            ``(i) shall have access to all facts and 
                        evidence considered by the board during the 
                        proceedings of the inquiry for which the 
                        counsel is appointed;
                            ``(ii) shall observe all official 
                        activities of the board during such 
                        proceedings;
                            ``(iii) may question witnesses before the 
                        board;
                            ``(iv) shall monitor the deliberations of 
                        the board;
                            ``(v) shall review the report of the board 
                        under paragraph (9); and
                            ``(vi) shall submit to the official who 
                        appointed the board an independent review of 
                        the report.
                    ``(D) Treatment of review.--A review of the report 
                of a board on an inquiry under subparagraph (C)(vi) 
                shall be made an official part of the record of the 
                board with respect to the inquiry.
            ``(7) Access to meetings.--The proceedings of a board 
        during an inquiry under this subsection shall be closed to the 
        public and to the individual or individuals, if any, specified 
        under section 520c of this title by the person or persons 
        covered by the inquiry.
            ``(8) Recommendation on status.--
                    ``(A) In general.--Upon the completion of an 
                inquiry into the whereabouts or status of a person or 
                persons under this subsection, the board conducting the 
                inquiry shall make a recommendation to the official who 
                appointed the board as to the current whereabouts or 
                status of the person or persons.
                    ``(B) Recommendation of status as dead.--A board 
                may not recommend under subparagraph (A) that a person 
                or persons be declared dead unless conclusive proof of 
                the death of the person or persons is established by 
                the board.
            ``(9) Report.--
                    ``(A) Requirement.--A board appointed under this 
                subsection shall submit to the official who appointed 
                the board a report on the inquiry carried out by the 
                board under this subsection. Such report shall 
                include--
                            ``(i) a discussion of the facts and 
                        evidence considered by the board in the 
                        inquiry; and
                            ``(ii) the recommendation of the board 
                        under paragraph (8).
                    ``(B) Submittal date.--A board shall submit a 
                report under this paragraph not later than 45 days 
                after the date of the first official notice of the 
                disappearance of the person or persons covered by the 
                inquiry described in the report.
                    ``(C) Release to public.--A report submitted under 
                this paragraph may not be made public until 1 year 
                after the date referred to in subparagraph (B).
            ``(10) Actions by appointing official.--
                    ``(A) Review.--Not later than 15 days after the 
                date of the receipt of a report under paragraph (9), 
                the official who appointed the board shall review the 
                report and the review of the report submitted under 
                paragraph (6)(C)(vi) by the counsel for the person or 
                persons covered by the inquiry described in the report.
                    ``(B) Scope of review.--In conducting a review of a 
                report under subparagraph (A), the official receiving 
                the report shall determine whether or not the report is 
                complete and free of administrative error.
                    ``(C) Return.--If an official determines as a 
                result of a review under this paragraph that a report 
                is incomplete, or that a report is not free of 
                administrative error, the official may return the 
                report to the board that submitted the report for 
                further action.
                    ``(D) Determination of status.--Upon a 
                determination that a report reviewed under this 
                paragraph is complete and free of administrative error, 
                the official reviewing the report shall make a 
                determination of the status of the person or persons 
                covered by the report.
            ``(11) Report to interested individuals.--Not later than 90 
        days after the first official notice of the disappearance of a 
        person or persons covered by an inquiry under this subsection, 
        the official who appoints a board of inquiry into the 
        whereabouts or status of the person or persons under this 
        subsection shall--
                    ``(A) provide an unclassified summary of the report 
                of the board on that inquiry to the individual or 
                individuals, if any, specified by such person or 
                persons under section 520c of this title; and
                    ``(B) inform such individual or individuals that 
                the Federal Government will conduct a subsequent 
                inquiry into the whereabouts or status of the person or 
                persons not earlier than 1 year after the date of the 
                first official notice of the disappearance of the 
                person or persons, unless information becomes available 
                sooner that would result in a substantial change in the 
                status of the person or persons.
            ``(12) Additional inquiry.--
                    ``(A) In general.--If information on the 
                whereabouts or status of a person or persons placed in 
                missing status under this subsection becomes available 
                within 1 year after the date of the first official 
                notice of the disappearance of the person or persons, 
                the official who appointed the board to inquire into 
                the whereabouts or status of the person or persons 
                under this subsection shall appoint a board under this 
                paragraph to conduct an inquiry into the information.
                    ``(B) Conduct of inquiry.--The appointment and 
                activities of a board under this paragraph, and the 
                actions by the official appointing the board with 
                respect to any recommendations made by the board, shall 
                be governed by the provisions of this subsection.
    ``(c) Subsequent Inquiry.--
            ``(1) Requirement.--If as a result of an inquiry under 
        subsection (b) an official determines under paragraph (10)(D) 
        of that subsection that a person or persons retain or be placed 
        in a missing status, the Secretary concerned shall appoint a 
        board under this subsection to conduct an inquiry into the 
        whereabouts and status of the person or persons.
            ``(2) Date of appointment.--The Secretary concerned shall 
        appoint a board to conduct an inquiry into the whereabouts and 
        status of a person or persons under this subsection on or about 
        1 year after the date of the first official notice of the 
        disappearance of the person or persons.
            ``(3) 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 subsection to conduct the inquiry into the whereabouts or 
        status of the persons.
            ``(4) Composition.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), a board appointed under this subsection shall 
                consist of the following:
                            ``(i) In the case of a board appointed to 
                        inquire into the whereabouts or status of a 
                        member or members of the armed forces, not less 
                        than three officers having a grade O-4 or 
                        higher.
                            ``(ii) In the case of a board appointed to 
                        inquire into the whereabouts or status of a 
                        civilian employee or employees of the Federal 
                        Government or of a contractor of the Federal 
                        Government--
                                    ``(I) not less than three civilian 
                                employees of the Federal Government 
                                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 section 5332 of title 5; 
                                and
                                    ``(II) such members of the armed 
                                forces as the Secretary concerned and 
                                the Secretary of Defense jointly 
                                determine advisable.
                    ``(B) President of board.--The Secretary concerned 
                shall designate one member of each board appointed 
                under this subsection as president of the board. The 
                president shall have a security clearance that affords 
                the president access to all information relating to the 
                whereabouts and status of the person or persons covered 
                by the inquiry carried out by the board.
                    ``(C) Requirements for other members.--
                            ``(i) Attorney.--One member of each board 
                        appointed under this subsection shall be an 
                        attorney, or judge advocate, who has expertise 
                        in public law relating to missing persons, 
                        determinations of death of such persons, and 
                        the rights of family members and dependents of 
                        such persons.
                            ``(ii) Occupational specialist.--One member 
                        of each board appointed under this subsection 
                        shall be an individual who has--
                                    ``(I) an occupational specialty 
                                similar to that of one or more of the 
                                persons covered by the inquiry carried 
                                out by the board; and
                                    ``(II) an understanding of and 
                                expertise in the official activities of 
                                one or more such persons at the time 
                                such person or persons disappeared.
                            ``(iii) Expert in transportation.--If the 
                        person or persons covered by an inquiry under 
                        this subsection disappeared in transit, one 
                        member of the board appointed for the inquiry 
                        shall be an individual whose occupational 
                        specialty relates to the piloting, navigation, 
                        or operation of the mode of transportation in 
                        which the person or persons were travelling at 
                        the time such person or persons disappeared.
            ``(5) Activities.--A board appointed under this subsection 
        to conduct an inquiry into the whereabouts or status of a 
        person or persons shall--
                    ``(A) review--
                            ``(i) the report on such person or persons 
                        that is submitted under paragraph (9) of 
                        subsection (b); and
                            ``(ii) the determination with respect to 
                        such person or persons under paragraph (10)(D) 
                        of that subsection;
                    ``(B) collect and evaluate any documents, facts, or 
                other evidence with respect to the whereabouts or 
                status of the person or persons that have become 
                available since the completion of the inquiry with 
                respect to the person or persons under subsection (b);
                    ``(C) draw conclusions as to the whereabouts or 
                status of the person or persons;
                    ``(D) determine on the basis of the activities 
                under subparagraphs (A) and (B) whether the status of 
                the person or persons should be continued or changed; 
                and
                    ``(E) issue a report to the Secretary concerned 
                describing the findings and conclusions of the board, 
                together with a recommendation as to the whereabouts or 
                status of the person or persons.
            ``(6) Counsel for missing persons.--
                    ``(A) In general.--The Secretary concerned shall 
                appoint counsel to represent the person or persons 
                covered by an inquiry carried out under this 
                subsection. In the case of an appointment by a 
                Secretary who is not a Secretary of a military 
                department, the appointment shall be made by the 
                Secretary of the appropriate military department in 
                consultation with such Secretary.
                    ``(B) Qualifications.--An individual appointed as 
                counsel under this paragraph shall--
                            ``(i) meet the qualifications set forth in 
                        section 827(b) of this title (article 27(b) of 
                        the Uniform Code of Military Justice); and
                            ``(ii) have a security clearance that 
                        affords the individual access to all 
                        information relating to the whereabouts or 
                        status of the person or persons covered by the 
                        inquiry.
                    ``(C) Responsibilities and duties.--An individual 
                appointed as counsel under this paragraph--
                            ``(i) shall have access to all facts and 
                        evidence considered by the board during the 
                        proceedings of the inquiry for which the 
                        counsel is appointed;
                            ``(ii) shall observe all official 
                        activities of the board during such 
                        proceedings;
                            ``(iii) may question witnesses before the 
                        board;
                            ``(iv) shall monitor the deliberations of 
                        the board;
                            ``(v) shall review the report of the board 
                        under paragraph (11); and
                            ``(vi) shall submit to the Secretary 
                        concerned an independent review of the 
                        recommendation of the board under paragraph 
                        (10).
                    ``(D) Treatment of review.--The review of the 
                report of a board on an inquiry under subparagraph 
                (C)(vi) shall be made an official part of the record of 
                the board with respect to the inquiry.
            ``(7) Participation of interested individuals in 
        proceedings.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the individual or individuals, if 
                any, specified under section 520c of this title by the 
                person or persons covered by an inquiry under this 
                subsection may participate at the proceedings of the 
                board during the inquiry.
                    ``(B) Notification of persons.--The Secretary 
                concerned shall notify the individual or individuals 
                referred to in subparagraph (A) of the opportunity to 
                participate at the proceedings of a board not later 
                than 60 days before the first meeting of the board.
                    ``(C) Response.--An individual who receives notice 
                under subparagraph (B) shall notify the Secretary 
                concerned of the intent, if any, of the individual to 
                participate at the proceedings of a board not later 
                than 21 days after the date of the individual's receipt 
                of the notice.
                    ``(D) Schedule and location of proceedings.--The 
                Secretary concerned shall, to the maximum extent 
                practicable, provide that the schedule and location of 
                the proceedings of a board under this subsection be 
                established so as to be convenient to the individuals 
                who notify that Secretary under subparagraph (C) of 
                their intent to participate at such proceedings.
                    ``(E) Manner of participation.--Individuals who 
                notify the Secretary concerned under subparagraph (C) 
                of their intent to participate at the proceedings of a 
                board--
                            ``(i) in the case of individuals whose 
                        entitlement to the pay or allowances (including 
                        allotments) of a person covered by this section 
                        could be reduced or terminated as a result of a 
                        revision in the status of the person, may 
                        attend the proceedings of the board with 
                        private counsel;
                            ``(ii) shall have access to the personnel 
                        file of the person, to unclassified reports (if 
                        any) of the board appointed under subsection 
                        (b) to conduct the inquiry into the whereabouts 
                        and status of the person, and to any other 
                        unclassified information or documents relating 
                        to the whereabouts and status of the person;
                            ``(iii) shall be afforded the opportunity 
                        to present information at the proceedings that 
                        such individuals consider to be relevant to the 
                        proceedings; and
                            ``(iv) subject to subparagraph (F), shall 
                        be afforded the opportunity to submit in 
                        writing objections to the recommendations of 
                        the board under paragraph (10) as to the status 
                        of the missing person.
                    ``(F) Objections.--Objections to the 
                recommendations of the board under subparagraph (E)(iv) 
                shall be submitted to the president of the board not 
                later than 24 hours after the date on which such 
                recommendations are made. The president shall include 
                the objections in the report of the board to the 
                Secretary concerned under paragraph (12).
                    ``(G) Prohibition on reimbursement.--Individuals 
                referred to in subparagraph (A) who participate in the 
                proceedings of a board under this paragraph shall not 
                be entitled to reimbursement by the Federal Government 
                for any costs (including travel, lodging, meals, local 
                transportation, legal fees, transcription costs, 
                witness expenses, and other expenses) incurred by such 
                individuals in participating in such proceedings.
            ``(8) Availability of information to boards.--
                    ``(A) In general.--A board under this subsection 
                may secure directly from any department or agency of 
                the Federal Government any information that the members 
                of the board consider necessary in order to conduct an 
                inquiry under this subsection.
                    ``(B) Authority to release.--Upon written request 
                from the president of a board, the head of a department 
                or agency of the Federal Government shall release 
                information covered by the request to the board. In 
                releasing such information, the head of the department 
                or agency shall--
                            ``(i) declassify to an appropriate degree 
                        classified information; or
                            ``(ii) release the information in a manner 
                        not requiring the removal of markings 
                        indicating the classified nature of the 
                        information.
                    ``(C) Classified information.--If a request for 
                information under subparagraph (B) covers classified 
                information that cannot be declassified, cannot be 
                removed before release from the information covered by 
                the request, or cannot be summarized in a manner that 
                prevents the release of classified information, the 
                classified information shall be made available only to 
                the president of the board making the request and the 
                counsel appointed to appear before the board under 
                paragraph (6).
            ``(9) Board meetings.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                proceedings of a board under this subsection shall be 
                open to the public.
                    ``(B) Exception.--A proceeding of a board shall be 
                closed to the public at the request of any of the 
                following:
                            ``(i) The counsel appointed under paragraph 
                        (6) for the person or persons covered by the 
                        proceeding.
                            ``(ii) Any individual referred to in 
                        paragraph (7)(A).
                            ``(iii) The Secretary concerned, but only 
                        if that Secretary determines that a proceeding 
                        open to the public could jeopardize the health 
                        and well-being of other missing persons or 
                        impair the activities of the Federal Government 
                        to recover missing persons in the theater of 
                        operations or the area in which the person or 
                        persons covered by the proceeding are thought 
                        to have disappeared.
                            ``(iv) The president of the board, but only 
                        for discussion of classified information.
                    ``(C) Treatment of classified information.--
                Participants at a proceeding of a board at which 
                classified information is discussed shall comply with 
                all applicable laws and regulations relating to the 
                disclosure of classified information. The Secretary 
                concerned shall assist the president of a board in 
                ensuring that classified information is not compromised 
                through board proceedings.
            ``(10) Recommendation on status.--
                    ``(A) In general.--Upon the completion of an 
                inquiry into the whereabouts and status of a person or 
                persons under this subsection, a board shall make a 
                recommendation as to the current whereabouts or status 
                of the person or persons.
                    ``(B) Recommendation of dead status.--A board may 
                not recommend under subparagraph (A) that a person or 
                persons be declared dead unless--
                            ``(i) conclusive proof of death is 
                        established by the board; and
                            ``(ii) in making the declaration, the board 
                        complies with subsection (f).
            ``(11) Report.--A board appointed under this subsection 
        shall submit to the Secretary concerned a report on the inquiry 
        carried out by the board under this subsection, together with 
        the evidence considered by the board during the inquiry. The 
        report may include a classified annex.
            ``(12) Actions by secretary.--
                    ``(A) Review.--Not later than 30 days after the 
                receipt of a report under paragraph (11), the Secretary 
                concerned shall review--
                            ``(i) the report;
                            ``(ii) the review of the report submitted 
                        to the Secretary under paragraph (6)(C)(vi) by 
                        the counsel for the person or persons covered 
                        by the report; and
                            ``(iii) the objections, if any, to the 
                        report submitted to the president of the board 
                        under paragraph (7)(F).
                    ``(B) Scope of review.--In reviewing the report, 
                review, and objections under subparagraph (A), the 
                Secretary concerned shall determine whether or not the 
                report is complete and free of administrative error.
                    ``(C) Further action.--If the Secretary concerned 
                determines as a result of a review under this paragraph 
                that a report is incomplete, or that a report is not 
                free of administrative error, that Secretary may return 
                the report to the board that submitted the report for 
                further action.
                    ``(D) Determination of status.--Upon a 
                determination that a report reviewed under this 
                paragraph is complete and free of administrative error, 
                the Secretary concerned shall make a determination of 
                the status of the person or persons covered by the 
                report.
            ``(13) Report to interested individuals.--Not later than 90 
        days after a board submits a report on a person or persons 
        under paragraph (11), the Secretary concerned shall--
                    ``(A) provide an unclassified summary of the report 
                to the individual or individuals, if any, specified by 
                the person or persons under section 520c of this title; 
                and
                    ``(B) in the case of a person or persons who 
                continue to be in missing status, inform such 
                individual or individuals that the Federal Government 
                will conduct a further inquiry into the whereabouts or 
                status of the person or persons not later than 3 years 
                after the date of the first official notice of the 
                disappearance of the person or persons, unless 
                information becomes available within that time that 
                would result in a substantial change in the status of 
                the person or persons.
            ``(14) Additional inquiry.--
                    ``(A) In general.--If information on the 
                whereabouts or status of a person or persons placed in 
                missing status under this subsection becomes available 
                after the date of the placement of the person or 
                persons in such status under this subsection and before 
                the end of the 3-year period beginning on the date of 
                the first official notice of the disappearance of the 
                person or persons, the Secretary shall appoint a board 
                under this paragraph to conduct an inquiry into that 
                information.
                    ``(B) Conduct of proceedings.--The activities of a 
                board appointed under this paragraph, and the actions 
                by the Secretary concerned with respect to any 
                recommendations made by the board, shall be governed by 
                the provisions of this subsection.
    ``(d) Further Inquiry.--
            ``(1) Inquiry.--
                    ``(A) In general.--The Secretary concerned shall 
                appoint a board to conduct an inquiry into the 
                whereabouts or status of any person or persons 
                determined by the Secretary under subsection (c)(12)(D) 
                to be a person or persons in missing status.
                    ``(B) Frequency of appointment.--Subject to 
                subparagraph (C), the Secretary concerned shall appoint 
                a board to conduct an inquiry with respect to a person 
                or persons under this paragraph--
                            ``(i) on or about 3 years after the date of 
                        the first official notice of the disappearance 
                        of the person or persons; and
                            ``(ii) not later than every 3 years 
                        thereafter.
                    ``(C) Delimiting date.--Except as provided in 
                subsection (e), the Secretary concerned shall not be 
                required to appoint a board under this paragraph more 
                than 12 years after the end of the time of war or 
                emergency or period of hostilities in which a person or 
                persons disappeared.
            ``(2) Review of probative information.--Upon receipt of 
        information that could result in a change or revision of status 
        of a person or persons covered by this section, the Secretary 
        concerned shall appoint a board to evaluate the information and 
        make a recommendation as to the status of the person or persons 
        to which the information relates.
            ``(3) Conduct of proceedings.--The appointment and 
        activities of a board under paragraph (1) or (2), and the 
        actions by the Secretary concerned with respect to any 
        recommendations made by the board, shall be governed by the 
        provisions of subsection (c).
    ``(e) Persons Previously Declared Dead.--
            ``(1) Review of status.--
                    ``(A) In general.--Not later than 5 years after the 
                date of the enactment of the Missing Service Personnel 
                Act of 1995, an individual referred to in subparagraph 
                (C) may submit to the Secretary concerned a request for 
                appointment by that Secretary of a board to review the 
                status of a person declared dead before such date.
                    ``(B) Persons covered.--This subsection applies 
                only to persons declared dead whose death is declared 
                to have occurred on or after December 7, 1941.
                    ``(C) Individuals eligible to request review.--
                            ``(i) In general.--A board shall be 
                        appointed under this paragraph based on the 
                        request of--
                                    ``(I) any individual who is the 
                                primary next of kin of a person 
                                previously declared dead; or
                                    ``(II) subject to clause (ii), any 
                                adult family member of the immediate 
                                family of such a person.
                            ``(ii) Exception.--A board may not be 
                        appointed upon the request of a family member 
                        described in clause (i)(II) if an individual 
                        referred to in clause (i)(I) objects. The 
                        Secretary concerned shall notify such 
                        individuals of the request of such family 
                        members for the appointment of a board under 
                        this paragraph.
            ``(2) Appointment of board.--Upon a request under paragraph 
        (1), the Secretary concerned shall appoint a board to review 
        the status of the person covered by the request.
            ``(3) Activities of board.--A board appointed under 
        paragraph (2) to review the status of a person shall--
                    ``(A) conduct an investigation to determine the 
                status of the person; and
                    ``(B) issue a report describing the findings of the 
                board under the investigation and the recommendation of 
                the board as to the status of the person.
            ``(4) Subsequent review.--If the Secretary concerned is 
        apprised of any information which would directly lead to a 
        determination of the status of a person covered by this 
        subsection, the Secretary shall reconvene a board to consider 
        the information.
            ``(5) Effect of change in status.--If a board appointed 
        under this subsection recommends placing a person covered by 
        this subsection in a missing status such person shall accrue no 
        pay or allowances as a result of the placement of the person in 
        such status.
    ``(f) Recommendation of Declaration of Death.--
            ``(1) Requirements relating to recommendation.--A board 
        appointed under subsection (c) or (d) may not recommend that a 
        person be declared dead unless--
                    ``(A) evidence (other than the passage of a period 
                of time of less than 50 years) exists to suggest that 
                the person is dead;
                    ``(B) the Federal Government possesses no evidence 
                that reasonably suggests that the person is alive;
                    ``(C) representatives of the Federal Government 
                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);
                    ``(D) representatives of the Federal Government 
                have examined the records of the government 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); and
                    ``(E) the President certifies that the government 
                or entity most likely to have the remains of the person 
                has released such remains, or all available information 
                on such remains, to the Federal Government.
            ``(2) Submittal of information on death.--If a board 
        appointed under subsection (c) or (d) makes a recommendation 
        under such subsection that a person be declared dead, the board 
        shall include in the report of the board with respect to the 
        person under such subsection the following:
                    ``(A) A detailed description of the location where 
                the death occurred.
                    ``(B) A statement of the date on which the death 
                occurred.
                    ``(C) A description of the location of the body, if 
                recovered.
                    ``(D) If the body has been recovered, a 
                certification by a licensed practitioner of forensic 
                medicine that the body recovered is that of the missing 
                person.
    ``(g) Personnel Files.--
            ``(1) Information in files.--Except as provided in 
        paragraph (2), the Secretary concerned shall, to the maximum 
        extent practicable, ensure that the personnel file of each 
        person covered by this section contains all information in the 
        possession of the Federal Government relating to the 
        disappearance and whereabouts or status of the person.
            ``(2) Classified information.--
                    ``(A) Authority to withhold.--The Secretary 
                concerned may withhold classified information from a 
                personnel file.
                    ``(B) Notice of withholding.--If the Secretary 
                concerned withholds classified information from a 
                personnel file under this paragraph, the Secretary 
                shall ensure that the file contains the following:
                            ``(i) A notice that the withheld 
                        information exists.
                            ``(ii) A notice of the date of the most 
                        recent review of the classification of the 
                        withheld information.
            ``(3) Wrongful withholding.--Any individual who knowingly 
        and willfully withholds from the personnel file of a person 
        covered by this section any information (other than classified 
        information) relating to the disappearance or whereabouts or 
        status of the person shall be fined as provided in title 18, or 
        imprisoned not more than 1 year, or both.
            ``(4) Availability of information.--The Secretary concerned 
        shall, upon request, make available the contents of the 
        personnel file of a person covered by this section to the 
        individual or individuals, if any, specified by the person 
        under section 520c of this title.
    ``(h) Judicial Review.--
            ``(1) In general.--
                    ``(A) Judicial review.--An individual specified 
                under section 520c of this title by a person covered by 
                this section may obtain review of a determination 
                referred to in subparagraph (B)(i) or a recommendation 
                referred to in subparagraph (B)(ii) by the court of 
                appeals of the United States for the circuit in which 
                the individual resides or in which the finding was 
                made.
                    ``(B) Covered determinations.--Subparagraph (A) 
                applies to the following findings:
                            ``(i) A determination under subsection 
                        (c)(10)(D) or (d)(12)(D) that a person is dead.
                            ``(ii) A recommendation under subsection 
                        (e)(3)(B) that a person formerly declared dead 
                        is in fact dead.
                    ``(C) Commencement of review.--An individual 
                referred to in subparagraph (A) shall request review of 
                a determination or recommendation under this paragraph 
                by filing with the appropriate court a written petition 
                requesting that the finding be set aside.
            ``(2) Appeal and finality of review.--The decision of the 
        court of appeals on a petition for review under paragraph (1) 
        shall be final, except that it shall be subject to review by 
        the Supreme Court upon certiorari, as provided in section 1254 
        of title 28.
            ``(3) Additional review.--
                    ``(A) In general.--Subject to subparagraph (B), 
                upon request by an individual referred to in paragraph 
                (1)(A), the Secretary concerned shall appoint a board 
                to review the status of a person covered by a 
                determination or recommendation referred to in 
                paragraph (1)(B) if the court of appeals sets aside the 
                finding and--
                            ``(i) the time allowed for filing a 
                        petition for certiorari has expired and no such 
                        petition has been duly filed;
                            ``(ii) the petition for certiorari has been 
                        denied; or
                            ``(iii) the decision of the court of 
                        appeals has been affirmed by the Supreme Court.
                    ``(B) Delimiting date.--An individual referred to 
                in subparagraph (A) shall make a request referred to in 
                that subparagraph not later than 3 years after the date 
                of the event under that subparagraph that entitles the 
                person to request the appointment of a board.
    ``(i) Return Alive of Person Declared Missing or Dead.--
            ``(1) Pay and allowances.--Any person in a missing status 
        or declared dead under the Missing Persons Act of 1942 (56 
        Stat. 143) or by a board appointed under this section 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 allowances of persons 
        returning from a missing status.
            ``(2) Effect on gratuities paid as a result of status.--
        Paragraph (1) 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 
        referred to in paragraph (1) before the date of the enactment 
        of the Missing Service Personnel Act of 1995.
    ``(j) Effect on State Law.--Nothing in this section shall be 
construed to invalidate or limit the power of any State court or 
administrative entity, or the power of any court or administrative 
entity of any political subdivision thereof, to find or declare a 
person dead for purposes of the such State or political subdivision.
    ``(k) Definitions.--In this section:
            ``(1) The term `classified information' means any 
        information the unauthorized disclosure of which (as determined 
        under applicable law and regulations) could reasonably be 
        expected to damage the national security.
            ``(2) The term `conclusive proof of death', in the case of 
        a person or persons whose whereabouts are unknown, means 
        evidence establishing that death is the only plausible 
        explanation of the whereabouts of the person or persons.
            ``(3) The term `missing status' means the status of a 
        missing person who is determined to be absent in a status of--
                    ``(A) missing;
                    ``(B) missing in action;
                    ``(C) interned in a foreign country;
                    ``(D) captured, beleaguered, or besieged by a 
                hostile force; or
                    ``(E) detained in a foreign country against his or 
                her will.
            ``(4) The term `Secretary concerned' means the following:
                    ``(A) In the case of a member of the armed forces, 
                the Secretary of the military department having 
                jurisdiction over the armed force of the member.
                    ``(B) In the case of a civilian employee of the 
                Federal Government or of a contractor of the Federal 
                Government, the Secretary of the department employing 
                the employee or contracting with the contractor, as the 
                case may be.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 53 of title 10, United States Code, is amended by adding at the 
end the following:

``1060b. Missing persons: members and certain civilian employees; 
                            determinations of status.''.
    (c) Conforming Amendments.--(1)(A) Section 555 of title 37, United 
States Code, is repealed.
    (B) The table of sections at the beginning of chapter 10 of such 
title is amended by striking out the item relating to section 555.
    (2) Section 552 of such title is amended--
            (A) in the second sentence of the flush matter following 
        paragraph (2) in subsection (a), by striking out ``for all 
        purposes,'' and all that follows through the end of the 
        sentence and inserting in lieu thereof ``for all purposes.'';
            (B) in striking out paragraph (2) of subsection (b) and 
        inserting in lieu thereof the following:
            ``(2) that his death is determined under section 1060b of 
        title 10.''; and
            (C) in subsection (e), by striking ``section 555 of this 
        title'' and inserting ``section 1060b of title 10''.
    (3) Section 553 of such title is amended--
            (A) in subsection (f), by inserting ``under section 1060b 
        of title 10'' after ``When the Secretary concerned'';
            (B)) by striking out ``the Secretary concerned receives 
        evidence'' and inserting in lieu thereof ``a board convened 
        under section 1060b of title 10 reports''; and
            (C) in subsection (g), by striking out ``section 555 of 
        this title'' and inserting ``section 1060b of title 10''.
    (4) Section 556 of such title is amended--
            (A) in subsection (a)--
                    (i) by inserting ``and'' at the end of paragraph 
                (3);
                    (ii) by striking out the semicolon at the end of 
                paragraph (4) and inserting in lieu thereof a period; 
                and
                    (iii) by striking paragraphs (1), (5), (6), and (7) 
                and redesignating paragraphs (2), (3), and (4) as 
                paragraphs (1), (2), and (3), respectively;
            (B) by striking out subsection (b) and redesignating 
        subsections (c), (d), (e), (f), (g), and (h) as subsections 
        (b), (c), (d), (e), (f), and (g), respectively; and
            (C) in subsection (g), as so redesignated--
                    (i) by striking out the second sentence; and
                    (ii) by striking ``status'' and inserting ``pay''.
    (5) Section 557(a)(1) of such title is amended by striking out ``, 
553, and 555'' and inserting in lieu thereof ``and 553''.
    (6) Section 559(b)(4)(B) of such title is amended by striking out 
``section 556(f)'' and inserting in lieu thereof ``section 556(e)''.

SEC. 4. SOLICITATION ON ENLISTMENT OF INFORMATION ON INDIVIDUALS 
              INTERESTED IN STATUS OF ENLISTEES.

    (a) Requirement.--Chapter 31 of title 10, United States Code, is 
amended by adding at the end the following:
``Sec. 520c. Enlistments: information on individuals interested in 
              status
    ``(a) The Secretary concerned shall, upon the enlistment of a 
person in an armed force, require that the person specify in writing 
the individual or individuals, if any, to whom information on the 
whereabouts or status of the person shall be provided in the event that 
such the whereabouts or status are investigated under section 1060b of 
this title. The purpose of the specification is to ensure the 
notification of such individual or individuals in the event of such an 
investigation.
    ``(b) The Secretary concerned shall, upon the request of a person 
referred to in subsection (a), permit the person to revise the 
individual or individuals specified by the person under that 
subsection. The person shall make any such revision in writing.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of such chapter is amended by adding at the end the following:

``520c. Enlistments: information on individuals interested in 
                            status.''.
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