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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5043 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5043

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 1994

  Mr. Murphy introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
  To amend title 10, United States Code, to establish procedures for 
determining that status of certain missing members of the Armed Forces 
             and certain 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 
1994''.

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. 1060a. Missing persons: informal investigations; inquiries; 
              determinations of death; personnel files
    ``(a) Informal Investigations.--
            ``(1) In general.--After receiving factual information that 
        the whereabouts or status of a person described in paragraph 
        (2) is uncertain and that the absence of the 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 or 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) 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 
                        contractor of the Federal Government, the 
                        Secretary of the department employing the 
                        person or contracting with the contractor;
                    ``(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 of the 
                department employing the person or contracting with the 
                contractor, in the case of a civilian employee of the 
                Federal Government or 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 results 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 of the 
        department employing the person or contracting with the 
        contractor, in the case of a person who is a civilian employee 
        of the Federal Government or contractor of the Federal 
        Government, shall appoint a board to conduct an inquiry into 
        the whereabouts and status of the person.
            ``(2) Scope of certain 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 understanding of military operations or activities 
                similar to the operation or activity in which the 
                person or persons 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 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 missing person or persons 
                covered by the inquiry.
            ``(4) Activities.--A board appointed to conduct an inquiry 
        into the whereabouts or status of a missing person or persons 
        under this subsection shall--
                    ``(A) collect, develop, and investigate all facts 
                and evidence relating to the disappearance, 
                whereabouts, or 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 the 
                Secretary of the department employing the person or 
                contracting with the contractor, in the case of a 
                person who is a civilian employee of the Federal 
                Government or contractor of the Federal Government, 
                that--
                            ``(i) the person or persons continue to 
                        have a missing status; or
                            ``(ii) the person or persons be declared 
                        (I) to have deserted, (II) to be absent without 
                        leave, or (III) to be dead.
            ``(5) Inquiry proceedings.--During the proceedings of an 
        inquiry under this subsection, a board 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 the proceedings.
            ``(6) Counsel for missing person.--
                    ``(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.
                    ``(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 under 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 
                        such report.
                    ``(D) Treatment of review.--A review of the report 
                of a board on an inquiry that is submitted 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, including to any member of the immediate family, 
        dependent, primary next of kin, or previously designated person 
        of the person or persons covered by the inquiry.
            ``(8) Recommendation on status.--
                    ``(A) In general.--Upon completion of an inquiry 
                into the whereabouts or status of a person or persons 
                under this subsection, a board 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.--
                            ``(i) In general.--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.
                            ``(ii) Definition.--In this subparagraph, 
                        the term `conclusive proof of death', in the 
                        case of a person or persons, means evidence 
                        establishing that death is the only plausible 
                        explanation for the absence of the person or 
                        persons.
            ``(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. 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) Public availability.--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 from a board under 
                paragraph (9), the official who appointed the board 
                shall review--
                            ``(i) the report; and
                            ``(ii) the review 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 under 
                subparagraph (B) that a report is incomplete, or that a 
                report is not free of administrative error, the 
                official may return the report to the board for further 
                action on the report by the board.
                    ``(D) Determination of status.--Upon a 
                determination by the official concerned that a report 
                reviewed by the official under this paragraph is 
                complete and free of administrative error, the official 
                shall make a determination of the status of the person 
                or persons covered by the report.
            ``(11) Report to interested persons.--Not later than 90 
        days after the first official notice of the disappearance of a 
        person or persons, the official who appoints a board of inquiry 
        into the whereabouts or status of the person or person under 
        this subsection shall--
                    ``(A) provide an unclassified summary of the report 
                of the board to the members of the immediate family, 
                dependents, primary next of kin, and previously 
                designated persons of the person or persons; and
                    ``(B) inform the individuals referred to in 
                subparagraph (A) 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 official status of the 
                person or persons.
            ``(12) Additional investigation.--
                    ``(A) In general.--If information on the 
                whereabouts or status of a person or persons covered by 
                an inquiry 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 an additional board 
                to conduct an inquiry into the information
                    ``(B) Conduct of inquiry.--The appointment and 
                activities of a board under this paragraph shall be 
                subject to the provisions of this subsection.
    ``(c) Subsequent Inquiry.--
            ``(1) Requirement.--
                    ``(A) In general.--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.
                    ``(B) Definition.--For purposes of this subsection, 
                the term `Secretary concerned' means the following:
                            ``(i) 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.
                            ``(ii) In the case of a civilian employee 
                        of the Federal Government or contractor of the 
                        Government, the Secretary of the department 
                        employing the employee or contracting with the 
                        contractor, as the case may be.
            ``(2) Date of appointment.--The Secretary concerned shall 
        appoint a board under this subsection to conduct an inquiry 
        into the whereabouts and status of a person or persons on or 
        about 1 year after the date of the first official notice of the 
        disappearance of the person or persons.
            ``(3) Scope of certain 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 contractor of the 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.
                    ``(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 the public law relating to missing persons, 
                        the determination 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; 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 
                        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 the report under paragraph (9) of 
                subsection (b) of the board appointed to conduct the 
                inquiry into the status or whereabouts of the person or 
                persons under subsection (b) and the determination 
                under paragraph (10)(D) of that subsection of the 
                official who appointed the board under that subsection 
                as to the status of the person or persons;
                    ``(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 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 on the whereabouts or 
                status of the person or persons.
            ``(6) Counsel for missing person or persons.--
                    ``(A) In general.--The Secretary who appoints a 
                board to conduct an inquiry under this subsection shall 
                appoint counsel to represent the person or persons 
                covered by the inquiry.
                    ``(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.
                    ``(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 under 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 that is submitted under 
                subparagraph (C)(vi) shall be made an official part of 
                the record of the board with respect to the inquiry.
            ``(7) Participation of certain interested persons in 
        proceedings.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the members of the immediate family, 
                dependents, primary next of kin, and previously 
                designated persons of 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 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 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 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 the Secretary under subparagraph (C) of 
                their intent to participate at such proceedings.
                    ``(E) Manner of participation.--Individuals who 
                notify the Secretary 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 missing person could be 
                        reduced or terminated as a result of a revision 
                        in the status of the missing person, may attend 
                        the proceedings of the board with private 
                        counsel;
                            ``(ii) shall have access to the personnel 
                        file of the missing 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 incurred by such individuals in attending 
                such proceedings, including travel, lodging, meals, 
                local transportation, legal fees, transcription costs, 
                witness expenses, and other expenses.
            ``(8) Availability of information to boards.--
                    ``(A) In general.--In conducting proceedings in an 
                inquiry under this subsection, a board 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 the 
                proceedings.
                    ``(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) Treatment of classified information.--
                            ``(i) Release.--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 for the missing person 
                        appointed under paragraph (6).
                            ``(ii) Use in proceedings.--The President 
                        of a board shall close to persons who do not 
                        have appropriate security clearances the 
                        proceeding of the board at which classified 
                        information is discussed. 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.
            ``(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) Exceptions.--A proceeding of a board shall be 
                closed to the public at the request of the following:
                            ``(i) The counsel appointed under paragraph 
                        (6) for the person or persons covered by the 
                        proceeding.
                            ``(ii) Any member of the immediate family, 
                        dependent, primary next of kin, or previously 
                        designated person of the person or persons.
                            ``(iii) The Secretary who appointed the 
                        board, but only if such 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 missing person or persons are thought 
                        to have disappeared.
                            ``(iv) The President of the board, but only 
                        for discussion of classified information.
            ``(10) Recommendation on status.--
                    ``(A) In general.--Upon completion of proceedings 
                in an inquiry under this subsection, a board shall make 
                a recommendation as to the current whereabouts or 
                status of the missing person or persons covered by the 
                inquiry.
                    ``(B) Recommendation of dead status.--
                            ``(i) In general.--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).
                            ``(ii) Definition.--In this subparagraph, 
                        the term `conclusive proof of death', in the 
                        case of a person or persons, means evidence 
                        establishing that death is the only plausible 
                        explanation for the absence of the person or 
                        persons.
            ``(11) Report.--
                    ``(A) Requirement.--A board appointed under this 
                subsection shall submit to the Secretary concerned a 
                report on the inquiry carried out by the board, 
                together with the evidence considered by the board 
                during the inquiry.
                    ``(B) Classified annex.--The report may include a 
                classified annex.
            ``(12) Actions by secretary.--
                    ``(A) Review.--Not later than 30 days after the 
                receipt of a report from a board under paragraph (11), 
                the Secretary concerned shall review--
                            ``(i) the report;
                            ``(ii) the review 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 shall determine whether or not the report is 
                complete and free of administrative error.
                    ``(C) Further action.--If the Secretary determines 
                under subparagraph (B) that a report is incomplete, or 
                that a report is not free of administrative error, the 
                Secretary may return the report to the board for 
                further action on the report by the board.
                    ``(D) Determination of status.--Upon a 
                determination by the Secretary that a report reviewed 
                by the Secretary under this paragraph is complete and 
                free of administrative error, the Secretary shall make 
                a determination of the status of the person or persons 
                covered by the report.
            ``(13) Report to interested persons.--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 members of the immediate family, the dependents, 
                the primary next of kin, and the previously designated 
                persons of the person or persons covered by the report; 
                and
                    ``(B) in the case of a person or persons who 
                continue to be in missing status, inform the members, 
                dependents, kin, and persons of the person or persons 
                that the Federal Government will conduct a further 
                investigation into the whereabouts or status of the 
                person or persons not later than 3 years after the date 
                of the 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 official status of the person or persons.
            ``(14) Reconvening of board.--
                    ``(A) In general.--If the Secretary concerned 
                recommends that a person or persons continue in missing 
                status, or that a missing person previously declared 
                dead be given a missing status, the Secretary shall 
                reconvene the board when information becomes available 
                that would directly lead to a determination of status 
                of the missing person or persons.
                    ``(B) Conduct of proceedings.--The provisions of 
                this subsection shall apply to the activities of a 
                board convened under this paragraph.
    ``(d) Further Review.--
            ``(1) Subsequent review.--
                    ``(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 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 official notice of the disappearance of the 
                        person or persons; and
                            ``(ii) not later than every 3 years 
                        thereafter.
                    ``(C) Delimiting date.--The Secretary 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 the missing 
                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 missing person or persons, 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 of and 
        activities before a board appointed under this subsection shall 
        be governed by the provisions of subsection (c).
    ``(e) Personnel Files.--
            ``(1) Information in files.--Except as provided in 
        paragraph (2), the Secretary of the department having 
        jurisdiction over a missing person at the time of the person's 
        disappearance shall, to the maximum extent practicable, ensure 
        that the personnel file of the person 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 under this subsection.
                    ``(B) Notice of withholding.--If the Secretary 
                concerned withholds classified information from the 
                personnel file of a person, 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 person who knowingly and 
        willfully withholds from the personnel file of a missing person 
        any information (other than classified information) relating to 
        the disappearance or whereabouts or status of a missing 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 missing person to members of the immediate 
        family, dependents, primary next of kin, or previously 
        designated person of the person.
    ``(f) Recommendation of Status 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 every good 
                faith effort to obtain access to such area, such 
                representatives are not granted such access); and
                    ``(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 every good faith effort to 
                obtain access to such records, such representatives are 
                not granted such access).
            ``(2) Submittal of information on death.--If a board 
        appointed under subsection (c) or (d) 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 
        such subsection (c) or (d) 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) Judicial Review.--
            ``(1) In general.--
                    ``(A) Judicial review.--A person referred to in 
                subparagraph (B) may obtain review of a finding 
                described in subparagraph (C) by the court of appeals 
                of the United States for the circuit in which the 
                person resides or in which the finding was made.
                    ``(B) Availability of review.--Subparagraph (A) 
                applies to any of the following persons with respect to 
                a missing person subject to a finding described in 
                subparagraph (C):
                            ``(i) A member of the immediate family of 
                        the person.
                            ``(ii) A dependent of the person.
                            ``(iii) The primary next of kin of the 
                        person.
                            ``(iv) A person previously designated by 
                        the person.
                    ``(C) Covered findings.--Subparagraph (A) applies 
                to the following findings:
                            ``(i) A finding by a board appointed under 
                        subsection (c) or (d) that a missing person is 
                        dead.
                            ``(ii) A finding by a board appointed under 
                        subsection (h) that confirms that a missing 
                        person formerly declared dead is in fact dead.
                    ``(D) Commencement of review.--A person referred to 
                in subparagraph (B) shall request review of a finding 
                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 a person referred to in paragraph 
                (1)(B), the Secretary concerned shall appoint a board 
                to review the status of a person covered by a finding 
                described in paragraph (1)(C) 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.--A person 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.
    ``(h) Persons Previously Declared Dead.--
            ``(1) Review of status.--
                    ``(A) In general.--Not later than 2 years after the 
                date of the enactment of the Missing Service Personnel 
                Act of 1994, a person referred to in subparagraph (B) 
                may submit to the appropriate Secretary a request for 
                appointment by the Secretary of a board to review the 
                status of a person previously declared dead.
                    ``(B) Availability.--A board shall be appointed 
                under this paragraph based on the request of any of the 
                following persons:
                            ``(i) An adult member of the immediate 
                        family of a person previously declared dead.
                            ``(ii) An adult dependent of such person.
                            ``(iii) The primary next of kin of such 
                        person.
                            ``(iv) A person previously designated by 
                        such person.
                    ``(C) Appropriate secretary.--A request under this 
                paragraph shall be submitted to the Secretary of the 
                department of the Federal Government that had 
                jurisdiction over the person covered by the request at 
                the time of the person's disappearance.
            ``(2) Appointment of board.--Upon request of a person 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 recommendations 
                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 missing person, 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 previously 
        declared dead in a missing status such person shall accrue no 
        pay or allowances as a result of the placement of the person in 
        such status.
    ``(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 1994.
    ``(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 `dependent', in the case of a missing 
        person, mean any individual who would, but for the status of 
        the person, be entitled to receive the pay and allowances 
        (including allotments) of the person.
            ``(3) The term `member of the immediate family', in the 
        case of a missing person, means the spouse, adopted or natural 
        child, parent, and sibling of the missing person.
            ``(4) The term `missing person' means--
                    ``(A) a member of the armed forces on active duty 
                who is missing; or
                    ``(B) a civilian employee serving with or 
                accompanying an armed force under orders who is 
                missing.
            ``(5) 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.
            ``(6) The term `primary next of kin', in the case of a 
        missing person, means--
                    ``(A) the principal individual who, but for the 
                status of the person, would receive financial support 
                from the person; or
                    ``(B) in the case of a missing person for whom 
                there is no individual meeting the requirement of 
                subparagraph (A), the family member or other individual 
                designated by the missing person to receive death 
                gratuities.
            ``(7) The term `previously designated person', in the case 
        of a missing person, means an individual (other than an 
        individual who is a member of the immediate family of the 
        missing person) designated by the missing person as the 
        individual to be notified of all matters relating to the status 
        of the missing person.
            ``(8) The term `State' means any State, the District of 
        Columbia, the Commonwealth of Puerto Rico, and any territory or 
        possession of the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 53 of title 10, United States Code, is amended by adding the 
end the following:

``1060a. Missing persons: informal investigations; inquiries; 
                            determinations of death; personnel 
                            files.''.
    (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 1060a of 
        title 10.''; and
            (C) in subsection (e), by striking ``section 555 of this 
        title'' and inserting ``section 1060a of title 10''.
    (3) Section 553 of such title is amended--
            (A) in subsection (f), by inserting ``under section 1060a 
        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 1060a of title 10 reports''; and
            (C) in subsection (g), by striking out ``section 555 of 
        this title'' and inserting ``section 1060a 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)''.
                                 <all>
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