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
the provisions of chapter 76 of that title (relating
to missing persons) as in effect before the
amendments made by the National Defense Au-
thorization Act for Fiscal Year 1997.
SEPTEMBER 17, 1996
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
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 Mary-
land, 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 Or-
egon, 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. DIAZ-
BALART, 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. FOWL-
ER, 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. GUN-
DERSON, Mr. GUTKNECHT, Mr. HALL of Texas, Mr. HANCOCK, Mr. HAN-
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. KINGS-
TON, 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 Ken-
tucky, 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 Flor-
ida, 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. SKEL-
TON, 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 follow-
ing 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. KEN-
NEDY 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
[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 provi-
sions 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. RESTORATION OF MISSING PERSONS AUTHORI-
TIES APPLICABLE TO DEPARTMENT OF DE-
FENSE AS IN EFFECT BEFORE ENACTMENT OF
NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 1997.
(a) APPLICABILITY TO DEPARTMENT OF DEFENSE CI-
VILIAN 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) Any civilian employee of the Department of
Defense, and any employee of a contractor of the De-
partment of Defense, who serves with or accompanies
the armed forces in the field under orders who be-
comes involuntarily absent as a result of a hostile ac-
tion, or under circumstances suggesting that the in-
voluntary absence is a result of a hostile action, and
whose status is undetermined or who is unaccounted
for.’’; and
(B) by adding at the end the following new sub-
section:
‘‘(f) SECRETARY CONCERNED.—In this chapter, the
term ‘Secretary concerned’ includes, in the case of a civilian
employee of the Department of Defense or contractor of the
Department of Defense, the Secretary of the military de-
partment or head of the element of the Department of De-
fense employing the employee or contracting with the con-
tractor, as the case may be.’’.
(2) Section 1503(c) of such title is amended—
(A) in paragraph (1), by striking out ‘‘one mili-
tary officer’’ and inserting in lieu thereof ‘‘one indi-
vidual 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 follow-
ing 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 De-
fense.’’.
(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 sub-
paragraph (B)), the board shall be composed of offi-
cers having the grade of major or lieutenant com-
mander 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 De-
partment 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 mem-
bers of the armed forces and one or more civilians de-
scribed in subparagraph (B)—
‘‘(i) the board shall include at least one offi-
cer described in subparagraph (A) and at least
one employee of the Department of Defense de-
scribed in subparagraph (B)(i); and
‘‘(ii) the ratio of such officers to such em-
ployees on the board shall be roughly propor-
tional 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 sub-
jects 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 ac-
companies the armed forces in the field under or-
ders and who is in a missing status.’’.
(b) REPORT ON PRELIMINARY ASSESSMENT OF STA-
TUS.—(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 subpara-
graph (A)—
(i) by redesignating paragraphs (1) and (2)
as subparagraphs (A) and (B), respectively;
(ii) 
by 
inserting 
‘‘(1)’’ 
after 
‘‘COM-
MANDER.—’’; and
(iii) by adding at the end the following new
paragraph:
‘‘(2) However, if the commander determines that oper-
ational 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 sub-
section (b):
‘‘(b) TRANSMISSION THROUGH THEATER COMPONENT
COMMANDER.—Upon reviewing a report under subsection
(a) recommending that a person be placed in a missing sta-
tus, the theater component commander shall ensure that all
necessary actions are being taken, and all appropriate as-
sets are being used, to resolve the status of the missing per-
son. 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 ac-
cordance with procedures prescribed under section 1501(b)
of this title. The theater component commander shall in-
clude with such report a certification that all necessary ac-
tions 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 sub-
paragraph (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 en-
sure that all pertinent information relating to the
whereabouts and status of the missing person that re-
sults 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 strik-
ing out ‘‘section 1502(a)’’ and inserting in lieu thereof ‘‘sec-
tion 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 com-
mands, an officer of any of the armed forces who (A)
is commander of all forces of that armed force as-
signed to that combatant command, and (B) is di-
rectly subordinate to the commander of the combatant
command.’’.
(c) FREQUENCY
OF SUBSEQUENT REVIEWS.—Sub-
section (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 para-
graph (1), the Secretary shall appoint a board to conduct
an inquiry with respect to a missing person under this sub-
section 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 subse-