H. R. 1530—163
‘‘(2) Upon receipt of information under paragraph (1), the head
of the office established under section 1501 of this title shall as
expeditiously as possible ensure that the information is added to
the appropriate case file for that missing person and notify (A)
the designated missing person’s counsel for that person, and (B)
the primary next of kin and any previously designated person
for the missing person of the existence of that information.
‘‘(3) The head of the office established under section 1501 of
this title, with the advice of the missing person’s counsel notified
under paragraph (2), shall determine whether the information is
significant enough to require a board review under this section.
‘‘(d) CONDUCT OF PROCEEDINGS.—If it is determined that such
a board should be appointed, the appointment of, and activities
before, a board appointed under this section shall be governed
by the provisions of section 1504 of this title with respect to a
board appointed under that section.
‘‘§ 1506. Personnel files
‘‘(a) INFORMATION IN FILES.—Except as provided in subsections
(b), (c), and (d), the Secretary concerned shall, to the maximum
extent practicable, ensure that the personnel file of a missing person
contains all information in the possession of the United States
relating to the disappearance and whereabouts and status of the
person.
‘‘(b) CLASSIFIED INFORMATION.—The Secretary concerned may
withhold classified information from a personnel file under this
section. If the Secretary concerned withholds classified information
from a personnel file, the Secretary shall ensure that the file
contains the following:
‘‘(1) A notice that the withheld information exists.
‘‘(2) A notice of the date of the most recent review of
the classification of the withheld information.
‘‘(c) PROTECTION OF PRIVACY.—The Secretary concerned shall
maintain personnel files under this section, and shall permit disclo-
sure of or access to such files, in accordance with the provisions
of section 552a of title 5 and with other applicable laws and regula-
tions pertaining to the privacy of the persons covered by the files.
‘‘(d) PRIVILEGED INFORMATION.—(1) The Secretary concerned
shall withhold from personnel files under this section, as privileged
information, debriefing reports provided by missing persons
returned to United States control which are obtained under a prom-
ise of confidentiality made for the purpose of ensuring the fullest
possible disclosure of information.
‘‘(2) If a debriefing report contains non-derogatory information
about the status and whereabouts of a missing person other than
the source of the debriefing report, the Secretary concerned shall
prepare an extract of the non-derogatory information. That extract,
following a review by the source of the debriefing report, shall
be placed in the personnel file of the missing person in such a
manner as to protect the identity of the source providing the
information.
‘‘(3) Whenever the Secretary concerned withholds a debriefing
report from a personnel file under this subsection, the Secretary
shall ensure that the file contains a notice that withheld information
exists.
‘‘(e) WRONGFUL WITHHOLDING.—Except as provided in sub-
sections (a) through (d), any person who knowingly and willfully
H. R. 1530—164
withholds from the personnel file of a missing person any informa-
tion relating to the disappearance or whereabouts and status of
a missing person shall be fined as provided in title 18 or imprisoned
not more than one year, or both.
‘‘(f) AVAILABILITY OF INFORMATION.—The Secretary concerned
shall, upon request, make available the contents of the personnel
file of a missing person to the primary next of kin, the other
members of the immediate family, or any other previously des-
ignated person of the person.
‘‘§ 1507. Recommendation of status of death
‘‘(a) REQUIREMENTS RELATING TO RECOMMENDATION.—A board
appointed under section 1503, 1504, or 1505 of this title may
not recommend that a person be declared dead unless—
‘‘(1) credible evidence exists to suggest that the person
is dead;
‘‘(2) the United States possesses no credible evidence that
suggests that the person is alive; and
‘‘(3) representatives of the United States—
‘‘(A) have made a complete search of the area where
the person was last seen (unless, after making a good
faith effort to obtain access to such area, such representa-
tives are not granted such access); and
‘‘(B) have examined the records of the government
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).
‘‘(b) SUBMITTAL
OF
INFORMATION
ON
DEATH.—If a board
appointed under section 1503, 1504, or 1505 of this title 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 that section the following:
‘‘(1) A detailed description of the location where the death
occurred.
‘‘(2) A statement of the date on which the death occurred.
‘‘(3) A description of the location of the body, if recovered.
‘‘(4) If the body has been recovered and is not identifiable
through visual means, a certification by a practitioner of an
appropriate forensic science that the body recovered is that
of the missing person.
‘‘§ 1508. Judicial review
‘‘(a) RIGHT OF REVIEW.—A person who is the primary next
of kin (or the previously designated person) of a person who is
the subject of a finding described in subsection (b) may obtain
judicial review in a United States district court of that finding,
but only on the basis of a claim that there is information that
could affect the status of the missing person’s case that was not
adequately considered during the administrative review process
under this chapter. Any such review shall be as provided in section
706 of title 5.
‘‘(b) FINDINGS FOR WHICH JUDICIAL REVIEW MAY BE SOUGHT.—
Subsection (a) applies to the following findings:
‘‘(1) A finding by a board appointed under section 1504
or 1505 of this title that a missing person is dead.
H. R. 1530—165
‘‘(2) A finding by a board appointed under section 1509
of this title that confirms that a missing person formerly
declared dead is in fact dead.
‘‘(c) SUBSEQUENT REVIEW.—Appeals from a decision of the dis-
trict court shall be taken to the appropriate United States court
of appeals and to the Supreme Court as provided by law.
‘‘§ 1509. Preenactment, special interest cases
‘‘(a) REVIEW OF STATUS.—In the case of an unaccounted for
person covered by section 1501(c) of this title who is described
in subsection (b), if new information that could change the status
of that person is found or received by a United States intelligence
agency, by a Department of Defense agency, or by a person specified
in section 1504(g) of this title, that information shall be provided
to the Secretary of Defense with a request that the Secretary
evaluate the information in accordance with sections 1505(c) and
1505(d) of this title.
‘‘(b) CASES ELIGIBLE FOR REVIEW.—The cases eligible for review
under this section are the following:
‘‘(1) With respect to the Korean conflict, any unaccounted
for person who was classified as a prisoner of war or as missing
in action during that conflict and who (A) was known to be
or suspected to be alive at the end of that conflict, or (B)
was classified as missing in action and whose capture was
possible.
‘‘(2) With respect to the Cold War, any unaccounted for
person who was engaged in intelligence operations (such as
aerial ‘ferret’ reconnaissance missions over and around the
Soviet Union and China) during the Cold War.
‘‘(3) With respect to the Indochina war era, any unac-
counted for person who was classified as a prisoner of war
or as missing in action during the Indochina conflict.
‘‘(c) SPECIAL RULE FOR PERSONS CLASSIFIED AS ‘KIA/BNR’.—
In the case of a person described in subsection (b) who was classified
as ‘killed in action/body not recovered’, the case of that person
may be reviewed under this section only if the new information
referred to in subsection (a) is compelling.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘Korean conflict’ means the period beginning
on June 27, 1950, and ending on January 31, 1955.
‘‘(2) The term ‘Cold War’ means the period beginning on
September 2, 1945, and ending on August 21, 1991.
‘‘(3) The term ‘Indochina war era’ means the period begin-
ning on July 8, 1959, and ending on May 15, 1975.
‘‘§ 1510. Applicability to Coast Guard
‘‘(a) DESIGNATED
OFFICER
TO
HAVE
RESPONSIBILITY.—The
Secretary of Transportation shall designate an officer of the Depart-
ment of Transportation to have responsibility within the Depart-
ment of Transportation for matters relating to missing persons
who are members of the Coast Guard.
‘‘(b) PROCEDURES.—The Secretary of Transportation shall pre-
scribe procedures for the determination of the status of persons
described in section 1501(c) of this title who are members of the
Coast Guard and for the collection, analysis, review, and update
of information on such persons. To the maximum extent practicable,
the procedures prescribed under this section shall be similar to
H. R. 1530—166
the procedures prescribed by the Secretary of Defense under section
1501(b) of this title.
‘‘§ 1511. Return alive of person declared missing or dead
‘‘(a) PAY AND ALLOWANCES.—Any person (except for a person
subsequently determined to have been absent without leave or
a deserter) in a missing status or declared dead under subchapter
VII of chapter 55 of title 5 or chapter 10 of title 37 or by a
board appointed under this chapter 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 allow-
ances of persons returning from a missing status.
‘‘(b) EFFECT ON GRATUITIES PAID AS A RESULT OF STATUS.—
Subsection (a) 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 sub-
section (a) before the date of the enactment of this chapter.
‘‘§ 1512. Effect on State law
‘‘(a) NONPREEMPTION OF STATE AUTHORITY.—Nothing in this
chapter 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 such State or political
subdivision.
‘‘(b) STATE DEFINED.—In this section, the term ‘State’ includes
the District of Columbia, the Commonwealth of Puerto Rico, and
any territory or possession of the United States.
‘‘§ 1513. Definitions
‘‘In this chapter:
‘‘(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 accompanies the Armed Forces in the
field under orders and who is in a missing status.
‘‘(2) The term ‘missing status’ means the status of a missing
person who is determined to be absent in a category of any
of the following:
‘‘(A) Missing.
‘‘(B) Missing in action.
‘‘(C) Interned in a foreign country.
‘‘(D) Captured.
‘‘(E) Beleaguered.
‘‘(F) Besieged.
‘‘(G) Detained in a foreign country against that person’s
will.
‘‘(3) The term ‘accounted for’, with respect to a person
in a missing status, means that—
‘‘(A) the person is returned to United States control
alive;
‘‘(B) the remains of the person are recovered and, if
not identifiable through visual means as those of the miss-