Union Calendar No. 440

104TH CONGRESS

2D SESSION H. R. 4000

[Report No. 104–806]

A BILL

To amend title 10, United States Code, to restore

thorization Act for Fiscal Year 1997.amendments made by the National Defense Auto missing persons) as in effect before thethe provisions of chapter 76 of that title (relating

SEPTEMBER 17, 1996

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 440

104TH CONGRESS

2D SESSION H. R. 4000

[Report No. 104–806]

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.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 2, 1996

Mr. DORNAN, (for himself, Mr. GILMAN, Mr. SAM JOHNSON of Texas, Mr.

TALENT, Mr. ALLARD, Mr. ARCHER, Mr. ARMEY, Mr. BACHUS, Mr.

BAKER of California, Mr. BAKER of Louisiana, Mr. BALLENGER, Mr.

BARR of Georgia, Mr. BARRETT of Nebraska, Mr. BARTLETT of Maryland, Mr. BARTON of Texas, Mr. BASS, Mr. BATEMAN, Mr. BEREUTER,

Mr. BILBRAY, Mr. BILIRAKIS, Mr. BLILEY, Mr. BLUTE, Mr. BOEHLERT,

Mr. BOEHNER, Mr. BONILLA, Mr. BONO, Mr. BREWSTER, Mr.

BROWNBACK, Mr. BRYANT of Tennessee, Mr. BUNN of Oregon, Mr.

BUNNING of Kentucky, Mr. BURR, Mr. BURTON of Indiana, Mr. BUYER,

Mr. CALLAHAN, Mr. CALVERT, Mr. CAMP, Mr. CANADY of Florida, Mr.

CASTLE, Mr. CHABOT, Mr. CHAMBLISS, Mrs. CHENOWETH, Mr.

CHRISTENSEN, Mr. CHRYSLER, Mr. CLINGER, Mr. COBLE, Mr. COBURN,

Mr. COLLINS of Georgia, Mr. COMBEST, Mr. CONDIT, Mr. COOLEY of Oregon, Mr. COSTELLO, Mr. COX of California, Mr. CAMPBELL, Mr.

CRAMER, Mr. CRANE, Mr. CRAPO, Mr. CREMEANS, Mrs. CUBIN, Mr.

CUNNINGHAM, Mr. DAVIS, Mr. DEAL of Georgia, Mr. DELAY, Mr. DIAZBALART, Mr. DICKEY, Mr. DOOLITTLE, Mr. DREIER, Mr. DUNCAN, Ms.

DUNN of Washington, Mr. EHLERS, Mr. EHRLICH, Mr. ENGLISH of

Pennsylvania, Mr. ENSIGN, Mr. EVERETT, Mr. EWING, Mr. FAWELL, Mr.

FIELDS of Texas, Mr. FLANAGAN, Mr. FOLEY, Mr. FORBES, Mrs. FOWLER, Mr. FOX of Pennsylvania, Mr. FRANKS of New Jersey, Mr. FRANKS

of Connecticut, Mr. FRELINGHUYSEN, Mr. FRISA, Mr. FUNDERBURK,

Mr. GALLEGLY, Mr. GANSKE, Mr. GEKAS, Mr. PETE GEREN of Texas,

Mr. GILCHREST, Mr. GILLMOR, Mr. GOODLATTE, Mr. GOODLING, Mr.

GOSS, Mr. GRAHAM, Ms. GREENE of Utah, Mr. GREENWOOD, Mr. GUNDERSON, Mr. GUTKNECHT, Mr. HALL of Texas, Mr. HANCOCK, Mr. HAN-
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SEN, Mr. HASTERT, Mr. HASTINGS of Washington, Mr. HAYES, Mr.

HAYWORTH, Mr. HEFLEY, Mr. HEINEMAN, Mr. HERGER, Mr. HILLEARY,

Mr. HOBSON, Mr. HOEKSTRA, Mr. HOKE, Mr. HOLDEN, Mr. HORN, Mr.

HOUGHTON, Mr. HOSTETTLER, Mr. HUNTER, Mr. HUTCHINSON, Mr.

HYDE, Mr. INGLIS of South Carolina, Mr. ISTOOK, Mrs. JOHNSON of

Connecticut, Mr. JONES, Mr. KASICH, Mr. KIM, Mr. KING, Mr. KINGSTON, Mr. KLUG, Mr. KNOLLENBERG, Mr. KOLBE, Mr. LAHOOD, Mr.

LATOURETTE, Mr. LARGENT, Mr. LATHAM, Mr. LAUGHLIN, Mr. LAZIO

of New York, Mr. LEACH, Mr. LEWIS of California, Mr. LEWIS of Kentucky, Mr. LIGHTFOOT, Mr. LINDER, Mr. LIVINGSTON, Mr. LOBIONDO,

Mr. LONGLEY, Mr. LUCAS of Oklahoma, Mr. MCCOLLUM, Mr. MCCRERY,

Mr. MCDADE, Mr. MCHALE, Mr. MCHUGH, Mr. MCINNIS, Mr.

MCINTOSH, Mr. MCKEON, Mr. MCNULTY, Mr. MARTINI, Mr. MANZULLO,

Mr. METCALF, Mrs. MEYERS of Kansas, Mr. MICA, Mr. MILLER of Florida, Mr. MINGE, Ms. MOLINARI, Mr. MONTGOMERY, Mr. MOORHEAD,

Mrs. MORELLA, Mr. MYERS of Indiana, Mrs. MYRICK Mr. NETHERCUTT,

Mr. NEUMANN, Mr. NEY, Mr. NORWOOD, Mr. NUSSLE, Mr. OBERSTAR,

Mr. OXLEY, Mr. ORTIZ, Mr. PACKARD, Mr. PARKER, Mr. PAXON, Mr.

PETERSON of Minnesota, Mr. PETRI, Mr. PICKETT, Mr. POMBO, Mr.

PORTER, Mr. PORTMAN, Ms. PRYCE, Mr. QUILLEN, Mr. QUINN, Mr.

RADANOVICH, Mr. RAMSTAD, Mr. REED, Mr. REGULA, Mr. RIGGS, Mr.

ROBERTS, Mr. ROGERS, Mr. ROHRABACHER, Ms. ROS-LEHTINEN, Mr.

ROTH, Mrs. ROUKEMA, Mr. ROYCE, Mr. SALMON, Mr. SANDERS, Mr.

SANFORD, Mr. SAXTON, Mr. SCARBOROUGH, Mr. SCHAEFER, Mr.

SCHIFF, Mrs. SEASTRAND, Mr. SENSENBRENNER, Mr. SHADEGG, Mr.

SHAW, Mr. SHAYS, Mr. SHUSTER, Mr. SISISKY, Mr. SKEEN, Mr. SKELTON, Mr. SMITH of New Jersey, Mr. SMITH of Texas, Mrs. SMITH of

Washington, Mr. SMITH of Michigan, Mr. SPENCE, Mr. SOLOMON, Mr.

SOUDER, Mr. STEARNS, Mr. STOCKMAN, Mr. STUMP, Mr. TATE, Mr.

TAUZIN, Mr. TAYLOR of North Carolina, Mr. TAYLOR of Mississippi, Mr.

TEJEDA, Mr. THOMAS, Mr. THORNBERRY, Mrs. THURMAN, Mr. TIAHRT,

Mr. TRAFICANT, Mr. TORKILDSEN, Mr. UNDERWOOD, Mr. UPTON, Mrs.

VUCANOVICH, Mr. WALKER, Mr. WALSH, Mr. WAMP, Mr. WATTS of

Oklahoma, Mr. WELDON of Pennsylvania, Mr. WELDON of Florida, Mr.

WELLER, Mr. WHITFIELD, Mr. WHITE, Mr. WICKER, Mr. WOLF, Mr.

YOUNG of Alaska, Mr. ZELIFF, and Mr. ZIMMER) introduced the following bill; which was referred to the Committee on National Security

SEPTEMBER 17, 1996

Additional sponsors: Mr. MANTON, Mr. VENTO, Mr. GEJDENSON, Mr. BEVILL,

Mr. BAESLER, Mr. KLECZKA, Mr. CLEMENT, Mr. BROWN of Ohio, Mr.

FROST, Mr. BALDACCI, Mr. FALEOMAVAEGA, Mr. MASCARA, Mr. KENNEDY of Rhode Island, Mr. WARD, Mr. MEEHAN, and Mr. TANNER

SEPTEMBER 17, 1996

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed
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[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on August 2, 1996]

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. RESTORATION OF MISSING PERSONS AUTHORI4 TIES APPLICABLE TO DEPARTMENT OF DE5 FENSE AS IN EFFECT BEFORE ENACTMENT OF

6 NATIONAL DEFENSE AUTHORIZATION ACT

7 FOR FISCAL YEAR 1997.

8 (a) APPLICABILITY TO DEPARTMENT OF DEFENSE CI9 VILIAN EMPLOYEES AND CONTRACTOR EMPLOYEES.—(1)

10 Section 1501 of title 10, United States Code, is amended—

11 (A) by striking out subsection (c) and inserting

12 in lieu thereof the following:

13 ‘‘(c) COVERED PERSONS.—Section 1502 of this title

14 applies in the case of the following persons:

15 ‘‘(1) Any member of the armed forces on active

16 duty who becomes involuntarily absent as a result of

17 a hostile action, or under circumstances suggesting
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1 that the involuntary absence is a result of a hostile

2 action, and whose status is undetermined or who is

3 unaccounted for.

4 ‘‘(2) Any civilian employee of the Department of

5 Defense, and any employee of a contractor of the De6 partment of Defense, who serves with or accompanies

7 the armed forces in the field under orders who be8 comes involuntarily absent as a result of a hostile ac9 tion, or under circumstances suggesting that the in10 voluntary absence is a result of a hostile action, and

11 whose status is undetermined or who is unaccounted

12 for.’’; and

13 (B) by adding at the end the following new sub14 section:

15 ‘‘(f) SECRETARY CONCERNED.—In this chapter, the

16 term ‘Secretary concerned’ includes, in the case of a civilian

17 employee of the Department of Defense or contractor of the

18 Department of Defense, the Secretary of the military de19 partment or head of the element of the Department of De20 fense employing the employee or contracting with the con21 tractor, as the case may be.’’.

22 (2) Section 1503(c) of such title is amended—

23 (A) in paragraph (1), by striking out ‘‘one mili24 tary officer’’ and inserting in lieu thereof ‘‘one indi25 vidual described in paragraph (2)’’;
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1 (B) by redesignating paragraphs (2) and (3) as

2 paragraphs (3) and (4), respectively; and

3 (C) by inserting after paragraph (1) the follow4 ing new paragraph (2):

5 ‘‘(2) An individual referred to in paragraph (1) is the

6 following:

7 ‘‘(A) A military officer, in the case of an inquiry

8 with respect to a member of the armed forces.

9 ‘‘(B) A civilian, in the case of an inquiry with

10 respect to a civilian employee of the Department of

11 Defense or of a contractor of the Department of De12 fense.’’.

13 (3) Section 1504(d) of such title is amended—

14 (A) in paragraph (1), by striking out ‘‘who are’’

15 and all that follows in that paragraph and inserting

16 in lieu thereof ‘‘as follows:

17 ‘‘(A) In the case of a board that will inquire into

18 the whereabouts and status of one or more members

19 of the armed forces (and no civilians described in sub20 paragraph (B)), the board shall be composed of offi21 cers having the grade of major or lieutenant com22 mander or above.

23 ‘‘(B) In the case of a board that will inquire into

24 the whereabouts and status of one or more civilian

25 employees of the Department of Defense or contractors
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1 of the Department of Defense (and no members of the

2 armed forces), the board shall be composed of—

3 ‘‘(i) not less than three employees of the De4 partment of Defense whose rate of annual pay is

5 equal to or greater than the rate of annual pay

6 payable for grade GS–13 of the General Schedule

7 under section 5332 of title 5; and

8 ‘‘(ii) such members of the armed forces as

9 the Secretary considers advisable.

10 ‘‘(C) In the case of a board that will inquire into

11 the whereabouts and status of both one or more mem12 bers of the armed forces and one or more civilians de13 scribed in subparagraph (B)—

14 ‘‘(i) the board shall include at least one offi15 cer described in subparagraph (A) and at least

16 one employee of the Department of Defense de17 scribed in subparagraph (B)(i); and

18 ‘‘(ii) the ratio of such officers to such em19 ployees on the board shall be roughly propor20 tional to the ratio of the number of members of

21 the armed forces who are subjects of the board’s

22 inquiry to the number of civilians who are sub23 jects of the board’s inquiry.’’; and
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1 (B) in paragraph (4), by striking out ‘‘section

2 1503(c)(3)’’ and inserting in lieu thereof ‘‘section

3 1503(c)(4)’’.

4 (4) Paragraph (1) of section 1513 of such title is

5 amended to read as follows:

6 ‘‘(1) The term ‘missing person’ means—

7 ‘‘(A) a member of the armed forces on active

8 duty who is in a missing status; or

9 ‘‘(B) a civilian employee of the Department

10 of Defense or an employee of a contractor of the

11 Department of Defense who serves with or ac12 companies the armed forces in the field under or13 ders and who is in a missing status.’’.

14 (b) REPORT ON PRELIMINARY ASSESSMENT OF STA15 TUS.—(1) Section 1502 of such title is amended—

16 (A) in subsection (a)(2)—

17 (i) by striking out ‘‘10 days’’ and inserting

18 in lieu thereof ‘‘48 hours’’; and

19 (ii) by striking out ‘‘Secretary concerned’’

20 and inserting in lieu thereof ‘‘theater component

21 commander with jurisdiction over the missing

22 person’’;

23 (B) in subsection (a), as amended by subpara24 graph (A)—
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1 (i) by redesignating paragraphs (1) and (2)

2 as subparagraphs (A) and (B), respectively;

3 (ii) by inserting ‘‘(1)’’ after ‘‘COM4 MANDER.—’’; and

5 (iii) by adding at the end the following new

6 paragraph:

7 ‘‘(2) However, if the commander determines that oper8 ational conditions resulting from hostile action or combat

9 constitute an emergency that prevents timely reporting

10 under paragraph (1)(B), the initial report should be made

11 as soon as possible, but in no case later than ten days after

12 the date on which the commander receives such information

13 under paragraph (1).’’;

14 (C) by redesignating subsection (b) as subsection

15 (c);

16 (D) by inserting after subsection (a), as amended

17 by subparagraphs (A) and (B), the following new sub18 section (b):

19 ‘‘(b) TRANSMISSION THROUGH THEATER COMPONENT

20 COMMANDER.—Upon reviewing a report under subsection

21 (a) recommending that a person be placed in a missing sta22 tus, the theater component commander shall ensure that all

23 necessary actions are being taken, and all appropriate as24 sets are being used, to resolve the status of the missing per25 son. Not later than 14 days after receiving the report, the
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1 theater component commander shall forward the report to

2 the Secretary of Defense or the Secretary concerned in ac3 cordance with procedures prescribed under section 1501(b)

4 of this title. The theater component commander shall in5 clude with such report a certification that all necessary ac6 tions are being taken, and all appropriate assets are being

7 used, to resolve the status of the missing person.’’; and

8 (E) in subsection (c), as redesignated by sub9 paragraph (C), by adding at the end the following

10 new sentence: ‘‘The theater component commander

11 through whom the report with respect to the missing

12 person is transmitted under subsection (b) shall en13 sure that all pertinent information relating to the

14 whereabouts and status of the missing person that re15 sults from the preliminary assessment or from actions

16 taken to locate the person is properly safeguarded to

17 avoid loss, damage, or modification.’’.

18 (2) Section 1503(a) of such title is amended by strik19 ing out ‘‘section 1502(a)’’ and inserting in lieu thereof ‘‘sec20 tion 1502(b)’’.

21 (3) Section 1504 of such title is amended by striking

22 out ‘‘section 1502(a)(2)’’ in subsections (a), (b), and (e)(1)

23 and inserting in lieu thereof ‘‘section 1502(a)’’.

24 (4) Section 1513 of such title is amended by adding

25 at the end the following new paragraph:
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1 ‘‘(8) The term ‘theater component commander’

2 means, with respect to any of the combatant com3 mands, an officer of any of the armed forces who (A)

4 is commander of all forces of that armed force as5 signed to that combatant command, and (B) is di6 rectly subordinate to the commander of the combatant

7 command.’’.

8 (c) FREQUENCY OF SUBSEQUENT REVIEWS.—Sub9 section (b) of section 1505 of such title is amended to read

10 as follows:

11 ‘‘(b) FREQUENCY OF SUBSEQUENT REVIEWS.—(1) In

12 the case of a missing person who was last known to be alive

13 or who was last suspected of being alive, the Secretary shall

14 appoint a board to conduct an inquiry with respect to a

15 person under this subsection—

16 ‘‘(A) on or about three years after the date of the

17 initial report of the disappearance of the person

18 under section 1502(a) of this title; and

19 ‘‘(B) not later than every three years thereafter.

20 ‘‘(2) In addition to appointment of boards under para21 graph (1), the Secretary shall appoint a board to conduct

22 an inquiry with respect to a missing person under this sub23 section upon receipt of information that could result in a

24 change of status of the missing person. When the Secretary

25 appoints a board under this paragraph, the time for subse-
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1 quent appointments of a board under paragraph (1)(B)

2 shall be determined from the date of the receipt of such in3 formation.

4 ‘‘(3) The Secretary is not required to appoint a board

5 under paragraph (1) with respect to the disappearance of

6 any person—

7 ‘‘(A) more than 30 years after the initial report

8 of the disappearance of the missing person required

9 by section 1502(a) of this title; or

10 ‘‘(B) if, before the end of such 30-year period, the

11 missing person is accounted for.’’.

12 (d) PENALTIES FOR WRONGFUL WITHHOLDING OF IN13 FORMATION.—Section 1506 of such title is amended—

14 (1) by redesignating subsection (e) as subsection

15 (f); and

16 (2) by inserting after subsection (d) the following

17 new subsection (e):

18 ‘‘(e) WRONGFUL WITHHOLDING.—Except as provided

19 in subsections (a) through (d), any person who knowingly

20 and willfully withholds from the personnel file of a missing

21 person any information relating to the disappearance or

22 whereabouts and status of a missing person shall be fined

23 as provided in title 18 or imprisoned not more than one

24 year, or both.’’.
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1 (e) INFORMATION TO ACCOMPANY RECOMMENDATION

2 OF STATUS OF DEATH.—Section 1507(b) of such title is

3 amended adding at the end the following new paragraphs:

4 ‘‘(3) A description of the location of the body, if

5 recovered.

6 ‘‘(4) If the body has been recovered and is not

7 identifiable through visual means, a certification by

8 a practitioner of an appropriate forensic science that

9 the body recovered is that of the missing person.’’.

10 (f) SCOPE OF PREENACTMENT REVIEW.—(1) Section

11 1509 of such title is amended—

12 (A) by redesignating subsection (c) as subsection

13 (d); and

14 (B) by inserting after subsection (b) the follow15 ing new subsection (c):

16 ‘‘(c) SPECIAL RULE FOR PERSONS CLASSIFIED AS

17 ‘KIA/BNR’.—In the case of a person described in subsection

18 (b) who was classified as ‘killed in action/body not recov19 ered’, the case of that person may be reviewed under this

20 section only if the new information referred to in subsection

21 (a) is compelling.’’.

22 (2)(A) The heading of such section is amended by in23 serting ‘‘, special interest’’ after ‘‘Preenactment’’.

24 (B) The item relating to such section in the table of

25 sections at the beginning of chapter 76 of such title is
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1 amended by inserting ‘‘, special interest’’ after

2 ‘‘Preenactment’’.

3 (g) EFFECTIVE DATE.—The amendments made by this

4 section shall take effect immediately after the enactment of

5 the National Defense Authorization Act for Fiscal Year

6 1997.