HR 5043 IH
‘‘(A) review the report under paragraph
(9) of subsection (b) of the board appointed to
conduct the inquiry into the status or where-
abouts of the person or persons under sub-
section (b) and the determination under para-
graph (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 where-
abouts or status of the person or persons;
‘‘(D) determine on the basis of the activi-
ties 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 con-
cerned describing the findings and conclusions
of the board, together with a recommendation
on the whereabouts or status of the person or
persons.
HR 5043 IH
‘‘(6) COUNSEL FOR MISSING PERSON OR PER-
SONS.—
‘‘(A) IN
GENERAL.—The Secretary who
appoints a board to conduct an inquiry under
this subsection shall appoint counsel to rep-
resent the person or persons covered by the in-
quiry.
‘‘(B) QUALIFICATIONS.—An individual ap-
pointed 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 af-
fords the individual access to all informa-
tion relating to the whereabouts or status
of the person or persons.
‘‘(C) RESPONSIBILITIES AND DUTIES.—An
individual appointed as counsel under this para-
graph—
‘‘(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;
HR 5043 IH
‘‘(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 para-
graph (10).
‘‘(D) TREATMENT
OF
REVIEW.—The re-
view 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 im-
mediate family, dependents, primary next of
kin, and previously designated persons of the
person or persons covered by an inquiry under
HR 5043 IH
this subsection may participate at the proceed-
ings of the board during the inquiry.
‘‘(B) NOTIFICATION
OF
PERSONS.—The
Secretary concerned shall notify the individuals
referred to in subparagraph (A) of the oppor-
tunity 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 re-
ceives notice under subparagraph (B) shall no-
tify 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 PRO-
CEEDINGS.—The Secretary shall, to the maxi-
mum extent practicable, provide that the sched-
ule 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 in-
tent to participate at such proceedings.
‘‘(E) MANNER OF PARTICIPATION.—Indi-
viduals who notify the Secretary under subpara-
HR 5043 IH
graph (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 (in-
cluding 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 per-
son, and to any other unclassified informa-
tion or documents relating to the where-
abouts and status of the person;
‘‘(iii) shall be afforded the opportunity
to present information at the proceedings
that such individuals consider to be rel-
evant to the proceedings; and
‘‘(iv) subject to subparagraph (F),
shall be afforded the opportunity to submit
in writing objections to the recommenda-
HR 5043 IH
tions of the board under paragraph (10) as
to the status of the missing person.
‘‘(F) OBJECTIONS.—Objections to the rec-
ommendations 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 re-
port of the board to the Secretary concerned
under paragraph (12).
‘‘(G) 
PROHIBITION
ON
REIMBURSE-
MENT.—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 at-
tending such proceedings, including travel, lodg-
ing, meals, local transportation, legal fees, tran-
scription costs, witness expenses, and other ex-
penses.
‘‘(8) 
AVAILABILITY
OF
INFORMATION
TO
BOARDS.—
‘‘(A) IN
GENERAL.—In conducting pro-
ceedings in an inquiry under this subsection, a
board may secure directly from any department
HR 5043 IH
or agency of the Federal Government any infor-
mation 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 Fed-
eral Government shall release information cov-
ered by the request to the board. In releasing
such information, the head of the department
or agency shall—
‘‘(i) declassify to an appropriate de-
gree classified information; or
‘‘(ii) release the information in a man-
ner not requiring the removal of markings
indicating the classified nature of the in-
formation.
‘‘(C) TREATMENT OF CLASSIFIED INFOR-
MATION.—
‘‘(i) RELEASE.—If a request for infor-
mation under subparagraph (B) covers
classified information that cannot be de-
classified, cannot be removed before release
from the information covered by the re-
quest, or cannot be summarized in a man-
ner that prevents the release of classified
HR 5043 IH
information, the classified information
shall be made available only to the Presi-
dent of the board making the request and
the counsel for the missing person ap-
pointed under paragraph (6).
‘‘(ii) USE
IN
PROCEEDINGS.—The
President of a board shall close to persons
who do not have appropriate security clear-
ances the proceeding of the board at which
classified information is discussed. Partici-
pants at a proceeding of a board at which
classified information is discussed shall
comply with all applicable laws and regula-
tions relating to the disclosure of classified
information. The Secretary concerned shall
assist the President of a board in ensuring
that classified information is not com-
promised through board proceedings.
‘‘(9) BOARD MEETINGS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (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 re-
quest of the following:
HR 5043 IH
‘‘(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 deter-
mines that a proceeding open to the public
could jeopardize the health and well-being
of other missing persons or impair the ac-
tivities of the Federal Government to re-
cover missing persons in the theater of op-
erations or the area in which the missing
person or persons are thought to have dis-
appeared.
‘‘(iv) The President of the board, but
only for discussion of classified informa-
tion.
‘‘(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
HR 5043 IH
current whereabouts or status of the missing
person or persons covered by the inquiry.
‘‘(B) RECOMMENDATION
OF
DEAD
STA-
TUS.—
‘‘(i) IN GENERAL.—A board may not
recommend under subparagraph (A) that a
person or persons be declared dead un-
less—
‘‘(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 subpara-
graph, 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 Sec-
retary concerned a report on the inquiry carried
out by the board, together with the evidence
considered by the board during the inquiry.
HR 5043 IH
‘‘(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 Sec-
retary 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 re-
port submitted to the President of the
board under paragraph (7)(F).
‘‘(B) SCOPE OF REVIEW.—In reviewing the
report, review, and objections under subpara-
graph (A), the Secretary shall determine wheth-
er or not the report is complete and free of ad-
ministrative error.
‘‘(C) FURTHER ACTION.—If the Secretary
determines under subparagraph (B) that a re-
port is incomplete, or that a report is not free
of administrative error, the Secretary may re-
HR 5043 IH
turn 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 Govern-
ment will conduct a further investigation into
the whereabouts or status of the person or per-
sons not later than 3 years after the date of the
HR 5043 IH
official notice of the disappearance of the per-
son 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 con-
cerned 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 para-
graph.
‘‘(d) FURTHER REVIEW.—
‘‘(1) SUBSEQUENT REVIEW.—
‘‘(A) IN
GENERAL.—The Secretary con-
cerned shall appoint a board to conduct an in-
quiry into the whereabouts or status of any per-
son or persons determined by the Secretary
HR 5043 IH
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 rec-
ommendation as to the status of the person or per-
sons to which the information relates.
HR 5043 IH
‘‘(3) CONDUCT
OF
PROCEEDINGS.—The ap-
pointment of and activities before a board appointed
under this subsection shall be governed by the provi-
sions of subsection (c).
‘‘(e) PERSONNEL FILES.—
‘‘(1) INFORMATION IN FILES.—Except as pro-
vided in paragraph (2), the Secretary of the depart-
ment having jurisdiction over a missing person at
the time of the person’s disappearance shall, to the
maximum extent practicable, ensure that the person-
nel file of the person contains all information in the
possession of the Federal Government relating to the
disappearance and whereabouts or status of the per-
son.
‘‘(2) CLASSIFIED INFORMATION.—
‘‘(A) AUTHORITY
TO
WITHHOLD.—The
Secretary concerned may withhold classified in-
formation from a personnel file under this sub-
section.
‘‘(B) NOTICE
OF
WITHHOLDING.—If the
Secretary concerned withholds classified infor-
mation from the personnel file of a person, the
Secretary shall ensure that the file contains the
following:
HR 5043 IH
‘‘(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 cer-
tification 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 re-
ferred to in subparagraph (B) may obtain re-
view 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.—Sub-
paragraph (A) applies to any of the following
persons with respect to a missing person sub-
ject to a finding described in subparagraph (C):
‘‘(i) A member of the immediate fam-
ily of the person.
‘‘(ii) A dependent of the person.
HR 5043 IH
‘‘(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 re-
quest 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 re-
view 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.—
HR 5043 IH
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (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 para-
graph (1)(C) if the court of appeals sets aside
the finding and—
‘‘(i) the time allowed for filing a peti-
tion 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 ap-
peals has been affirmed by the Supreme
Court.
‘‘(B) DELIMITING
DATE.—A person re-
ferred to in subparagraph (A) shall make a re-
quest 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
HR 5043 IH
Service Personnel Act of 1994, a person re-
ferred to in subparagraph (B) may submit to
the appropriate Secretary a request for appoint-
ment by the Secretary of a board to review the
status of a person previously declared dead.
‘‘(B) AVAILABILITY.—A board shall be ap-
pointed under this paragraph based on the re-
quest of any of the following persons:
‘‘(i) An adult member of the imme-
diate family of a person previously declared
dead.
‘‘(ii) An adult dependent of such per-
son.
‘‘(iii) The primary next of kin of such
person.
‘‘(iv) A person previously designated
by such person.
‘‘(C) APPROPRIATE
SECRETARY.—A re-
quest under this paragraph shall be submitted
to the Secretary of the department of the Fed-
eral 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 con-
HR 5043 IH
cerned shall appoint a board to review the status of
the person covered by the request.
‘‘(3) ACTIVITIES
OF
BOARD.—A board ap-
pointed 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 miss-
ing status such person shall accrue no pay or allow-
ances as a result of the placement of the person in
such status.
‘‘(i) RETURN ALIVE OF PERSON DECLARED MISSING
OR DEAD.—
HR 5043 IH
‘‘(1) The term ‘classified information’ means
any information the unauthorized disclosure of
which (as determined under applicable law and regu-
lations) 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 fam-
ily’, 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 ac-
tive 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 sta-
tus of a missing person who is determined to be ab-
sent in a status of—
‘‘(A) missing;
‘‘(B) missing in action;
HR 5043 IH
‘‘(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 re-
quirement 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
HR 5043 IH
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 relat-
ing 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 strik-
ing 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—
HR 5043 IH
(A) in subsection (f), by inserting ‘‘under sec-
tion 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 re-
ports’’; 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 para-
graph (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), respec-
tively;
(B) by striking out subsection (b) and redesig-
nating subsections (c), (d), (e), (f), (g), and (h) as
subsections (b), (c), (d), (e), (f), and (g), respec-
tively; and