[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 755 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 755

  To amend title 10, United States Code, to restore the provisions of 
  chapter 76 of that title (relating to missing persons) as in effect 
 before the amendments made by the National Defense Authorization Act 
  for Fiscal Year 1997 and to make other improvements to that chapter.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 15, 1997

Mr. Campbell (for himself and Mr. Ford) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to restore the provisions of 
  chapter 76 of that title (relating to missing persons) as in effect 
 before the amendments made by the National Defense Authorization Act 
  for Fiscal Year 1997 and to make other improvements to that chapter.

    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 Persons Authorities 
Improvement Act of 1997''.

SEC. 2. IMPROVEMENT OF MISSING PERSONS AUTHORITIES APPLICABLE TO 
              DEPARTMENT OF DEFENSE.

    (a) Applicability to Department of Defense Civilian Employees and 
Contractor Employees.--(1) Section 1501 of title 10, United States 
Code, is amended--
            (A) by striking out subsection (c) and inserting in lieu 
        thereof the following:
    ``(c) Covered Persons.--Section 1502 of this title applies in the 
case of the following persons:
            ``(1) Any member of the armed forces on active duty who 
        becomes involuntarily absent as a result of a hostile action, 
        or under circumstances suggesting that the involuntary absence 
        is a result of a hostile action, and whose status is 
        undetermined or who is unaccounted for.
            ``(2)(A) Any other person who is a citizen of the United 
        States and is described in subparagraph (B) who serves with or 
        accompanies the armed forces in the field under orders and 
        becomes involuntarily absent as a result of a hostile action, 
        or under circumstances suggesting that the involuntary absence 
        is a result of a hostile action, and whose status is 
        undetermined or who is unaccounted for.
            ``(B) A person described in this subparagraph is any of the 
        following:
                    ``(i) A civilian officer or employee of the 
                Department of Defense.
                    ``(ii) An employee of a contractor of the 
                Department of Defense.
                    ``(iii) An employee of a United States firm 
                licensed by the United States under section 38 of the 
                Arms Export Control Act (22 U.S.C. 2778) to perform 
                duties under contract with a foreign government 
                involving military training of the military forces of 
                that government in accordance with policies of the 
                Department of Defense.''; and
            (B) by adding at the end the following new subsection:
    ``(f) Secretary Concerned.--In this chapter, the term `Secretary 
concerned' includes--
            ``(1) in the case of a person covered by clause (i) of 
        subsection (c)(2)(B), the Secretary of the military department 
        or head of the element of the Department of Defense employing 
        the employee;
            ``(2) in the case of a person covered by clause (ii) of 
        subsection (c)(2)(B), the Secretary of the military department 
        or head of the element of the Department of Defense contracting 
        with the contractor; and
            ``(3) in the case of a person covered by clause (iii) of 
        subsection (c)(2)(B), the Secretary of Defense.''.
    (2) Section 1503(c) of such title is amended--
            (A) in paragraph (1), by striking out ``one military 
        officer'' and inserting in lieu thereof ``one individual 
        described in paragraph (2)'';
            (B) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (C) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(2) An individual referred to in paragraph (1) is the following:
            ``(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 respect to 
        a civilian employee of the Department of Defense or of a 
        contractor of the Department of Defense.''.
    (3) Section 1504(d) of such title is amended--
            (A) in paragraph (1), by striking out ``who are'' and all 
        that follows in that paragraph and inserting in lieu thereof 
        ``as follows:
            ``(A) In the case of a board that will inquire into the 
        whereabouts and status of one or more members of the armed 
        forces (and no civilians described in subparagraph (B)), the 
        board shall be composed of officers having the grade of major 
        or lieutenant commander or above.
            ``(B) In the case of a board that will inquire into the 
        whereabouts and status of one or more civilian employees of the 
        Department of Defense or contractors of the Department of 
        Defense (and no members of the armed forces), the board shall 
        be composed of--
                    ``(i) not less than three employees of the 
                Department of Defense whose rate of annual pay is equal 
                to or greater than the rate of annual pay payable for 
                grade GS-13 of the General Schedule under section 5332 
                of title 5; and
                    ``(ii) such members of the armed forces as the 
                Secretary considers advisable.
            ``(C) In the case of a board that will inquire into the 
        whereabouts and status of both one or more members of the armed 
        forces and one or more civilians described in subparagraph 
        (B)--
                    ``(i) the board shall include at least one officer 
                described in subparagraph (A) and at least one employee 
                of the Department of Defense described in subparagraph 
                (B)(i); and
                    ``(ii) the ratio of such officers to such employees 
                on the board shall be roughly proportional to the ratio 
                of the number of members of the armed forces who are 
                subjects of the board's inquiry to the number of 
                civilians who are subjects of the board's inquiry.''; 
                and
            (B) in paragraph (4), by striking out ``section 
        1503(c)(3)'' and inserting in lieu thereof ``section 
        1503(c)(4)''.
    (4) Paragraph (1) of section 1513 of such title is amended to read 
as follows:
            ``(1) The term `missing person' means--
                    ``(A) a member of the armed forces on active duty 
                who is in a missing status; or
                    ``(B) a civilian employee of the Department of 
                Defense or an employee of a contractor of the 
                Department of Defense who serves with or accompanies 
                the armed forces in the field under orders and who is 
                in a missing status.
        Such term includes an unaccounted for person described in 
        section 1509(b) of this title, under the circumstances 
        specified in the last sentence of section 1509(a) of this 
        title.''.
    (b) Report on Preliminary Assessment of Status.--(1) Section 1502 
of such title is amended--
            (A) in subsection (a)(2)--
                    (i) by striking out ``10 days'' and inserting in 
                lieu thereof ``48 hours''; and
                    (ii) by striking out ``Secretary concerned'' and 
                inserting in lieu thereof ``theater component commander 
                with jurisdiction over the missing person'';
            (B) in subsection (a), as amended by subparagraph (A)--
                    (i) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively;
                    (ii) by inserting ``(1)'' after ``Commander.--''; 
                and
                    (iii) by adding at the end the following new 
                paragraph:
    ``(2) However, if the commander determines that operational 
conditions resulting from hostile action or combat constitute an 
emergency that prevents timely reporting under paragraph (1)(B), the 
initial report should be made as soon as possible, but in no case later 
than ten days after the date on which the commander receives such 
information under paragraph (1).'';
            (C) by redesignating subsection (b) as subsection (c);
            (D) by inserting after subsection (a), as amended by 
        subparagraphs (A) and (B), the following new subsection (b):
    ``(b) Transmission Through Theater Component Commander.--Upon 
reviewing a report under subsection (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 
commander shall forward the report to the Secretary of Defense 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.''; and
            (E) in subsection (c), as redesignated by subparagraph (C), 
        by adding at the end the following new sentence: ``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 preliminary 
        assessment or from actions taken to locate the person is 
        properly safeguarded to avoid loss, damage, or modification.''.
    (2) Section 1503(a) of such title is amended by striking out 
``section 1502(a)'' and inserting in lieu thereof ``section 1502(b)''.
    (3) Section 1504 of such title is amended by striking out ``section 
1502(a)(2)'' in subsections (a), (b), and (e)(1) and inserting in lieu 
thereof ``section 1502(a)''.
    (4) Section 1513 of such title is amended by adding at the end the 
following new paragraph:
            ``(8) The term `theater component commander' means, with 
        respect to any of the combatant commands, an officer of any of 
        the armed forces who (A) is commander of all forces of that 
        armed force assigned to that combatant command, and (B) is 
        directly subordinate to the commander of the combatant 
        command.''.
    (c) Frequency of Subsequent Reviews.--Subsection (b) of section 
1505 of such title is amended to read as follows:
    ``(b) Frequency of Subsequent Reviews.--(1) In the case of a 
missing person who was last known to be alive or who was last suspected 
of being alive, the Secretary shall appoint a board to conduct an 
inquiry with respect to a person under this subsection--
            ``(A) on or about three years after the date of the initial 
        report of the disappearance of the person under section 1502(a) 
        of this title; and
            ``(B) not later than every three years thereafter.
    ``(2) In addition to appointment of boards under paragraph (1), the 
Secretary shall appoint a board to conduct an inquiry with respect to a 
missing person under this subsection upon receipt of information that 
could result in a change of status of the missing person. When the 
Secretary appoints a board under this paragraph, the time for 
subsequent appointments of a board under paragraph (1)(B) shall be 
determined from the date of the receipt of such information.
    ``(3) The Secretary is not required to appoint a board under 
paragraph (1) with respect to the disappearance of any person--
            ``(A) more than 30 years after the initial report of the 
        disappearance of the missing person required by section 1502(a) 
        of this title; or
            ``(B) if, before the end of such 30-year period, the 
        missing person is accounted for.''.
    (d) Penalties for Wrongful Withholding of Information.--Section 
1506 of such title is amended by adding at the end the following new 
subsection:
    ``(f) Wrongful Withholding.--Any person who (except as provided in 
subsections (a) through (d)) willfully withholds, or directs the 
withholding of, any information relating to the disappearance or 
whereabouts and status of a missing person from the personnel file of 
that missing person, knowing that such information is required to be 
placed in the personnel file of the missing person, shall be fined as 
provided in title 18 or imprisoned not more than one year, or both.''.
    (e) Information To Accompany Recommendation of Status of Death.--
Section 1507(b) of such title is amended by adding at the end the 
following new paragraphs:
            ``(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 certification by a 
        practitioner of an appropriate forensic science that the body 
        recovered is that of the missing person.''.
    (f) Missing Person's Counsel.--(1) Sections 1503(f)(1) and 
1504(f)(1) of such title are amended by adding at the end the 
following: ``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 
person.''.
    (2) Section 1503(f)(4) of such title is amended by adding at the 
end the following: ``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 disappearance or status of the missing person.''.
    (3) Section 1505(c)(1) is amended by adding at the end the 
following: ``The Secretary concerned shall appoint counsel to represent 
any such missing person to whom such information may be related. The 
appointment shall be in the same manner, and subject to the same 
provisions, as an appointment under section 1504(f)(1) of this 
title.''.
    (g) Scope of Preenactment Review.--(1) Section 1509 of such title 
is amended by striking out subsection (a) and inserting in lieu thereof 
the following:
    ``(a) Review of Status.--(1) If new information is found or 
received that may be related to one or more unaccounted for persons 
described in subsection (b) (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 
Secretary of Defense. Upon receipt of such information, the Secretary 
shall ensure that the information is treated under paragraphs (2) and 
(3) of section 1505(c) of this title and under section 1505(d) of this 
title in the same manner as information received under paragraph (1) of 
section 1505(c) of this title. For purposes of the applicability of 
other provisions of this chapter in such a case, each such unaccounted 
for person to whom the new information may be related shall be 
considered to be a missing person.
    ``(2) The Secretary concerned shall appoint counsel to represent 
each such unaccounted for person to whom the new information may be 
related. The appointment shall be in the same manner, and subject to 
the same provisions, as an appointment under section 1504(f)(1) of this 
title.
    ``(3) For purposes of this subsection, new information is 
information that--
            ``(A) is found or received after the date of the enactment 
        of the Missing Persons Improvement Act of 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 the date of the enactment of the 
        Missing Persons Improvement Act of 1997 in records of the 
        United States as information that could be relevant to the case 
        of one or more unaccounted for persons described in subsection 
        (b).''.
    (2) Such section is further amended by adding at the end the 
following new subsection:
    ``(d) Establishment of Personnel Files for Korean Conflict Cases.--
The Secretary of Defense shall ensure that a personnel file is 
established for each unaccounted for person who is described in 
subsection (b)(1). Each such file 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 missing person.''.
    (h) Withholding of Classified Information.--Section 1506(b) of such 
title is amended--
            (1) by inserting ``(1)'' before ``The Secretary'';
            (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively; and
            (3) by adding at the end the following:
    ``(2) If classified information withheld under this subsection 
refers to one or more unnamed missing persons, the Secretary shall 
ensure that notice of that withheld information, and notice of the date 
of the most recent review of the classification of that withheld 
information, is made reasonably accessible to family members of missing 
persons.''.
    (i) Withholding of Privileged Information.--Section 1506(d) of such 
title is amended--
            (1) in paragraph (2)--
                    (A) by striking out ``non-derogatory'' both places 
                it appears in the first sentence;
                    (B) by inserting ``or about unnamed missing 
                persons'' in the first sentence after ``the debriefing 
                report'';
                    (C) by striking out ``the missing person'' in the 
                second sentence and inserting in lieu thereof ``each 
                missing person named in the debriefing report''; and
                    (D) by adding at the end the following new 
                sentence: ``Any information contained in the extract of 
                the debriefing report that pertains to unnamed missing 
                persons shall be made reasonably accessible to family 
                members of missing persons.''; and
            (2) in paragraph (3)--
                    (A) by inserting ``, or part of a debriefing 
                report,'' after ``a debriefing report''; and
                    (B) by adding at the end the following new 
                sentence: ``Whenever the Secretary withholds a 
                debriefing report, or part of a debriefing report, 
                containing information on unnamed missing persons from 
                accessibility to families of missing persons under this 
                section, the Secretary shall ensure that notice that 
                the withheld debriefing report exists is made 
                reasonably accessible to family members of missing 
                persons.''.
                                 <all>