‘‘(vi) shall submit to the official who
appointed the board an independent review
of the report.
‘‘(D) TREATMENT OF REVIEW.—A review
of the report of a board on an inquiry 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 and to the individual or
individuals, if any, specified under section 520c of
this title by the person or persons covered by the in-
quiry.
‘‘(8) RECOMMENDATION ON STATUS.—
‘‘(A) IN GENERAL.—Upon the completion
of an inquiry into the whereabouts or status of
a person or persons under this subsection, the
board conducting the inquiry shall make a rec-
ommendation 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.—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.
‘‘(9) REPORT.—
‘‘(A) REQUIREMENT.—A board appointed
under this subsection shall submit to the official
who appointed the board a report on the in-
quiry carried out by the board under this sub-
section. Such report shall include—
‘‘(i) a discussion of the facts and evi-
dence considered by the board in the in-
quiry; 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) RELEASE TO PUBLIC.—A report sub-
mitted 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 under
paragraph (9), the official who appointed the
board shall review the report and the review of
the 
report 
submitted 
under 
paragraph
(6)(C)(vi) by the counsel for the person or per-
sons covered by the inquiry described in the re-
port.
‘‘(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
as a result of a review under this paragraph
that a report is incomplete, or that a report is
not free of administrative error, the official may
return the report to the board that submitted
the report for further action.
‘‘(D) DETERMINATION OF STATUS.—Upon
a determination that a report reviewed under
this paragraph is complete and free of adminis-
trative error, the official reviewing the report
shall make a determination of the status of the
person or persons covered by the report.
‘‘(11) REPORT TO INTERESTED INDIVIDUALS.—
Not later than 90 days after the first official notice
of the disappearance of a person or persons covered
by an inquiry under this subsection, the official who
appoints a board of inquiry into the whereabouts or
status of the person or persons under this subsection
shall—
‘‘(A) provide an unclassified summary of
the report of the board on that inquiry to the
individual or individuals, if any, specified by
such person or persons under section 520c of
this title; and
‘‘(B) inform such individual or individuals
that the Federal Government will conduct a
subsequent inquiry into the whereabouts or sta-
tus 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, un-
less information becomes available sooner that
would result in a substantial change in the sta-
tus of the person or persons.
‘‘(12) ADDITIONAL INQUIRY.—
‘‘(A) IN GENERAL.—If information on the
whereabouts or status of a person or persons
placed in missing status 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 ap-
pointed the board to inquire into the where-
abouts or status of the person or persons under
this subsection shall appoint a board under this
paragraph to conduct an inquiry into the infor-
mation.
‘‘(B) CONDUCT
OF
INQUIRY.—The ap-
pointment and activities of a board under this
paragraph, and the actions by the official ap-
pointing the board with respect to any rec-
ommendations made by the board, shall be gov-
erned by the provisions of this subsection.
‘‘(c) SUBSEQUENT INQUIRY.—
‘‘(1) REQUIREMENT.—If as a result of an in-
quiry 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.
‘‘(2) DATE OF APPOINTMENT.—The Secretary
concerned shall appoint a board to conduct an in-
quiry into the whereabouts and status of a person or
persons under this subsection on or about 1 year
after the date of the first official notice of the dis-
appearance of the person or persons.
‘‘(3) COMBINED INQUIRIES.—If it appears to
the Secretary concerned that the absence or status
of two or more persons is factually related, the Sec-
retary may appoint one board under this subsection
to conduct the inquiry into the whereabouts or sta-
tus of the persons.
‘‘(4) COMPOSITION.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (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 of a contractor of
the Federal 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 Gen-
eral 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 deter-
mine advisable.
‘‘(B) PRESIDENT
OF
BOARD.—The Sec-
retary 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 where-
abouts and status of the person or persons cov-
ered by the inquiry carried out by the board.
‘‘(C) REQUIREMENTS
FOR
OTHER
MEM-
BERS.—
‘‘(i) ATTORNEY.—One member of
each board appointed under this subsection
shall be an attorney, or judge advocate,
who has expertise in public law relating to
missing persons, determinations 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 carried
out by the board; 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 in-
quiry under this subsection disappeared in
transit, one member of the board ap-
pointed for the inquiry shall be an individ-
ual 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 where-
abouts or status of a person or persons shall—
‘‘(A) review—
‘‘(i) the report on such person or per-
sons that is submitted under paragraph (9)
of subsection (b); and
‘‘(ii) the determination with respect to
such person or persons under paragraph
(10)(D) of that subsection;
‘‘(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 with respect to the person or per-
sons 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
as to the whereabouts or status of the person
or persons.
‘‘(6) COUNSEL FOR MISSING PERSONS.—
‘‘(A) IN
GENERAL.—The Secretary con-
cerned shall appoint counsel to represent the
person or persons covered by an inquiry carried
out under this subsection. In the case of an ap-
pointment by a Secretary who is not a Sec-
retary of a military department, the appoint-
ment shall be made by the Secretary of the ap-
propriate military department in consultation
with such Secretary.
‘‘(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 covered by the in-
quiry.
‘‘(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 of 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 para-
graph (10).
‘‘(D) TREATMENT
OF
REVIEW.—The re-
view of the report of a board on an inquiry
under subparagraph (C)(vi) shall be made an
official part of the record of the board with re-
spect to the inquiry.
‘‘(7) PARTICIPATION OF INTERESTED INDIVID-
UALS IN PROCEEDINGS.—
‘‘(A) IN GENERAL.—Notwithstanding any
other provision of law, the individual or individ-
uals, if any, specified under section 520c of this
title by the person or persons covered by an in-
quiry under this subsection may participate at
the proceedings of the board during the inquiry.
‘‘(B) NOTIFICATION
OF
PERSONS.—The
Secretary concerned shall notify the individual
or individuals referred to in subparagraph (A)
of the opportunity to participate at the proceed-
ings 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 concerned of the intent, if
any, of the individual to participate at the pro-
ceedings 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 concerned 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 no-
tify that Secretary under subparagraph (C) of
their intent to participate at such proceedings.
‘‘(E) MANNER OF PARTICIPATION.—Indi-
viduals who notify the Secretary concerned
under subparagraph (C) of their intent to par-
ticipate at the proceedings of a board—
‘‘(i) in the case of individuals whose
entitlement to the pay or allowances (in-
cluding allotments) of a person covered by
this section could be reduced or terminated
as a result of a revision in the status of
the person, may attend the proceedings of
the board with private counsel;
‘‘(ii) shall have access to the personnel
file of the person, to unclassified reports
(if any) of the board appointed under sub-
section (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 rel-
evant to the proceedings; and
‘‘(iv) subject to subparagraph (F),
shall be afforded the opportunity to submit
in writing objections to the recommenda-
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 (including travel, lodging, meals,
local transportation, legal fees, transcription
costs, witness expenses, and other expenses) in-
curred by such individuals in participating in
such proceedings.
‘‘(8) 
AVAILABILITY
OF
INFORMATION
TO
BOARDS.—
‘‘(A) IN
GENERAL.—A board under this
subsection may secure directly from any depart-
ment or agency of the Federal Government any
information that the members of the board con-
sider necessary in order to conduct an inquiry
under this subsection.
‘‘(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) CLASSIFIED INFORMATION.—If a re-
quest for information under subparagraph (B)
covers classified information that cannot be de-
classified, cannot be removed before release
from the information covered by the request, or
cannot be summarized in a manner that pre-
vents 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 appointed to appear be-
fore the board under paragraph (6).
‘‘(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) EXCEPTION.—A proceeding of a
board shall be closed to the public at the re-
quest of any of the following:
‘‘(i) The counsel appointed under
paragraph (6) for the person or persons
covered by the proceeding.
‘‘(ii) Any individual referred to in
paragraph (7)(A).
‘‘(iii) The Secretary concerned, but
only if that Secretary determines that a
proceeding open to the public could jeop-
ardize 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 person or persons cov-
ered by the proceeding are thought to have
disappeared.
‘‘(iv) The president of the board, but
only for discussion of classified informa-
tion.
‘‘(C) TREATMENT OF CLASSIFIED INFOR-
MATION.—Participants at a proceeding of a
board at which classified information is dis-
cussed shall comply with all applicable laws and
regulations relating to the disclosure of classi-
fied information. The Secretary concerned shall
assist the president of a board in ensuring that
classified information is not compromised
through board proceedings.
‘‘(10) RECOMMENDATION ON STATUS.—
‘‘(A) IN GENERAL.—Upon the completion
of an inquiry into the whereabouts and status
of a person or persons under this subsection, a
board shall make a recommendation as to the
current whereabouts or status of the person or
persons.
‘‘(B) RECOMMENDATION
OF
DEAD
STA-
TUS.—A board may not recommend under sub-
paragraph (A) that a person or persons be de-
clared dead unless—
‘‘(i) conclusive proof of death is estab-
lished by the board; and
‘‘(ii) in making the declaration, the
board complies with subsection (f).
‘‘(11) REPORT.—A board appointed under this
subsection shall submit to the Secretary concerned a
report on the inquiry carried out by the board under
this subsection, together with the evidence consid-
ered by the board during the inquiry. The report
may include a classified annex.
‘‘(12) ACTIONS BY SECRETARY.—
‘‘(A) REVIEW.—Not later than 30 days
after the receipt of a report under paragraph
(11), the Secretary concerned shall review—
‘‘(i) the report;
‘‘(ii) the review of the report submit-
ted 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 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 concerned shall deter-
mine whether or not the report is complete and
free of administrative error.
‘‘(C) FURTHER ACTION.—If the Secretary
concerned determines as a result of a review
under this paragraph that a report is incom-
plete, or that a report is not free of administra-
tive error, that Secretary may return the report
to the board that submitted the report for fur-
ther action.
‘‘(D) DETERMINATION OF STATUS.—Upon
a determination that a report reviewed under
this paragraph is complete and free of adminis-
trative error, the Secretary concerned shall
make a determination of the status of the per-
son or persons covered by the report.
‘‘(13) REPORT TO INTERESTED INDIVIDUALS.—
Not later than 90 days after a board submits a re-
port on a person or persons under paragraph (11),
the Secretary concerned shall—
‘‘(A) provide an unclassified summary of
the report to the individual or individuals, if
any, specified by the person or persons under
section 520c of this title; and
‘‘(B) in the case of a person or persons
who continue to be in missing status, inform
such individual or individuals that the Federal
Government will conduct a further inquiry into
the whereabouts or status of the person or per-
sons not later than 3 years after the date of the
first 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 status of the person
or persons.
‘‘(14) ADDITIONAL INQUIRY.—
‘‘(A) IN GENERAL.—If information on the
whereabouts or status of a person or persons
placed in missing status under this subsection
becomes available after the date of the place-
ment of the person or persons in such status
under this subsection and before the end of the
3-year period beginning on the date of the first
official notice of the disappearance of the per-
son or persons, the Secretary shall appoint a
board under this paragraph to conduct an in-
quiry into that information.
‘‘(B) CONDUCT
OF
PROCEEDINGS.—The
activities of a board appointed under this para-
graph, and the actions by the Secretary con-
cerned with respect to any recommendations
made by the board, shall be governed by the
provisions of this subsection.
‘‘(d) FURTHER INQUIRY.—
‘‘(1) INQUIRY.—
‘‘(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
under subsection (c)(12)(D) to be a person or
persons in missing status.
‘‘(B) FREQUENCY
OF
APPOINTMENT.—
Subject to subparagraph (C), the Secretary con-
cerned shall appoint a board to conduct an in-
quiry with respect to a person or persons under
this paragraph—
‘‘(i) on or about 3 years after the date
of the first official notice of the disappear-
ance of the person or persons; and
‘‘(ii) not later than every 3 years
thereafter.
‘‘(C) DELIMITING DATE.—Except as pro-
vided in subsection (e), the Secretary concerned
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 a person or persons dis-
appeared.
‘‘(2) REVIEW OF PROBATIVE INFORMATION.—
Upon receipt of information that could result in a
change or revision of status of a person or persons
covered by this section, 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 ap-
pointment and activities of a board under paragraph
(1) or (2), and the actions by the Secretary con-
cerned with respect to any recommendations made
by the board, shall be governed by the provisions of
subsection (c).
‘‘(e) PERSONS PREVIOUSLY DECLARED DEAD.—
‘‘(1) REVIEW OF STATUS.—
‘‘(A) IN GENERAL.—Not later than 5 years
after the date of the enactment of the Missing
Service Personnel Act of 1995, an individual re-
ferred to in subparagraph (C) may submit to
the Secretary concerned a request for appoint-
ment by that Secretary of a board to review the
status of a person declared dead before such
date.
‘‘(B) PERSONS COVERED.—This subsection
applies only to persons declared dead whose
death is declared to have occurred on or after
December 7, 1941.
‘‘(C) INDIVIDUALS ELIGIBLE TO REQUEST
REVIEW.—
‘‘(i) IN GENERAL.—A board shall be
appointed under this paragraph based on
the request of—
‘‘(I) any individual who is the
primary next of kin of a person pre-
viously declared dead; or
‘‘(II) subject to clause (ii), any
adult family member of the immediate
family of such a person.
‘‘(ii) EXCEPTION.—A board may not
be appointed upon the request of a family
member described in clause (i)(II) if an in-
dividual referred to in clause (i)(I) objects.
The Secretary concerned shall notify such
individuals of the request of such family
members for the appointment of a board
under this paragraph.
‘‘(2) APPOINTMENT
OF
BOARD.—Upon a re-
quest under paragraph (1), the Secretary concerned
shall appoint a board to review the status of the per-
son 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
recommendation 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 person covered by this subsection, 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 covered by this subsection in a
missing status such person shall accrue no pay or al-
lowances as a result of the placement of the person
in such status.
‘‘(f) 
RECOMMENDATION
OF
DECLARATION
OF
DEATH.—
‘‘(1) 
REQUIREMENTS
RELATING
TO
REC-
OMMENDATION.—A board appointed under sub-
section (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 per-
son is alive;
‘‘(C) representatives of the Federal Gov-
ernment have made a complete search of the
area where the person was last seen (unless,
after making a good faith effort to obtain ac-
cess to such area, such representatives are not
granted such access);
‘‘(D) representatives of the Federal Gov-
ernment have examined the records of the gov-
ernment or entity having control over the area
where the person was last seen (unless, after
making a good faith effort to obtain access to
such records, such representatives are not
granted such access); and
‘‘(E) the President certifies that the gov-
ernment or entity most likely to have the re-
mains of the person has released such remains,
or all available information on such remains, to
the Federal Government.
‘‘(2) 
SUBMITTAL
OF
INFORMATION
ON
DEATH.—If a board appointed under subsection (c)
or (d) makes a recommendation under such sub-
section that a person be declared dead, the board
shall include in the report of the board with respect
to the person under such subsection 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 cer-
tification by a licensed practitioner of forensic
medicine that the body recovered is that of the
missing person.
‘‘(g) PERSONNEL FILES.—
‘‘(1) INFORMATION IN FILES.—Except as pro-
vided in paragraph (2), the Secretary concerned
shall, to the maximum extent practicable, ensure
that the personnel file of each person covered by this
section contains all information in the possession of
the Federal Government relating to the disappear-
ance and whereabouts or status of the person.
‘‘(2) CLASSIFIED INFORMATION.—
‘‘(A) AUTHORITY
TO
WITHHOLD.—The
Secretary concerned may withhold classified in-
formation from a personnel file.
‘‘(B) NOTICE
OF
WITHHOLDING.—If the
Secretary concerned withholds classified infor-
mation from a personnel file under this para-
graph, the Secretary shall ensure that the file
contains the following:
‘‘(i) A notice that the withheld infor-
mation exists.
‘‘(ii) A notice of the date of the most
recent review of the classification of the
withheld information.
‘‘(3) WRONGFUL WITHHOLDING.—Any individ-
ual who knowingly and willfully withholds from the
personnel file of a person covered by this section any
information (other than classified information) relat-
ing to the disappearance or whereabouts or status of
the 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 avail-
able the contents of the personnel file of a person
covered by this section to the individual or individ-
uals, if any, specified by the person under section
520c of this title.
‘‘(h) JUDICIAL REVIEW.—
‘‘(1) IN GENERAL.—
‘‘(A) JUDICIAL
REVIEW.—An individual
specified under section 520c of this title by a
person covered by this section may obtain re-
view of a determination referred to in subpara-
graph (B)(i) or a recommendation referred to
in subparagraph (B)(ii) by the court of appeals
of the United States for the circuit in which the
individual resides or in which the finding was
made.
‘‘(B) COVERED
DETERMINATIONS.—Sub-
paragraph (A) applies to the following findings:
‘‘(i) A determination under subsection
(c)(10)(D) or (d)(12)(D) that a person is
dead.
‘‘(ii) A recommendation under sub-
section (e)(3)(B) that a person formerly
declared dead is in fact dead.
‘‘(C) COMMENCEMENT
OF
REVIEW.—An
individual referred to in subparagraph (A) shall
request review of a determination or rec-
ommendation under this paragraph by filing
with the appropriate court a written petition re-
questing 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.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), upon request by an individual re-
ferred to in paragraph (1)(A), the Secretary
concerned shall appoint a board to review the
status of a person covered by a determination
or recommendation referred to in paragraph
(1)(B) if the court of appeals sets aside the
finding and—
‘‘(2) EFFECT ON GRATUITIES PAID AS A RE-
SULT OF STATUS.—Paragraph (1) shall not be inter-
preted 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 re-
ferred to in paragraph (1) before the date of the en-
actment of the Missing Service Personnel Act of
1995.
‘‘(j) EFFECT ON STATE LAW.—Nothing in this sec-
tion 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 sub-
division thereof, to find or declare a person dead for pur-
poses 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 regu-
lations) could reasonably be expected to damage the
national security.
‘‘(2) The term ‘conclusive proof of death’, in
the case of a person or persons whose whereabouts
are unknown, means evidence establishing that
death is the only plausible explanation of the where-
abouts of the person or persons.
‘‘(3) 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;
‘‘(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.
‘‘(4) The term ‘Secretary concerned’ means the
following:
‘‘(A) 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.
‘‘(B) In the case of a civilian employee of
the Federal Government or of a contractor of
the Federal Government, the Secretary of the
department employing the employee or con-
tracting with the contractor, as the case may
be.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 53 of title 10, United States
Code, is amended by adding at the end the following:
‘‘1060b. Missing persons: members and certain civilian employees; determina-
tions of status.’’.
(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
1060b of title 10.’’; and
(C) in subsection (e), by striking ‘‘section 555
of this title’’ and inserting ‘‘section 1060b of title
10’’.
(3) Section 553 of such title is amended—
(A) in subsection (f), by inserting ‘‘under sec-
tion 1060b 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 1060b of title 10 re-
ports’’; and
(C) in subsection (g), by striking out ‘‘section
555 of this title’’ and inserting ‘‘section 1060b 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
(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)’’.
SEC. 4. SOLICITATION ON ENLISTMENT OF INFORMATION
ON INDIVIDUALS INTERESTED IN STATUS OF
ENLISTEES.
(a) REQUIREMENT.—Chapter 31 of title 10, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 520c. Enlistments: information on individuals in-
terested in status
‘‘(a) The Secretary concerned shall, upon the enlist-
ment of a person in an armed force, require that the per-
son specify in writing the individual or individuals, if any,
to whom information on the whereabouts or status of the
person shall be provided in the event that such the where-
abouts or status are investigated under section 1060b of
this title. The purpose of the specification is to ensure the
notification of such individual or individuals in the event
of such an investigation.
‘‘(b) The Secretary concerned shall, upon the request
of a person referred to in subsection (a), permit the person
to revise the individual or individuals specified by the per-
son under that subsection. The person shall make any
such revision in writing.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by add-
ing at the end the following:
‘‘520c. Enlistments: information on individuals interested in status.’’.
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