10 U.S.C. § 1504 — Subsequent board of inquiry

submitted 30 years ago by Pub. L. 104-106 to r/title-10-ARMED-FORCES · 2,116 words · no verdicts yet

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The Secretary concerned must conduct additional inquiries into a missing person’s whereabouts and status when required information becomes available and around one year after the earlier report. This section sets the board’s membership, procedures, family participation, reporting, and the Secretary’s final determination.

(a) Additional board. If information that may change a person’s status under section 1503(i) becomes available within one year after the report under section 1502(a)(2), the Secretary concerned must appoint a board to inquire into it. (b) Appointment date. The Secretary must appoint such a board on or about one year after that report. (c) Combined inquiries. If two or more people’s absence or status appears factually related, the Secretary may use one board. (d) Composition. (1) A board must have at least three members. (A) For armed-forces members and no covered civilians, members must be officers of major or lieutenant commander rank or higher. (B) For covered Defense Department civilian employees or contractors and no armed-forces members, it must include at least three Defense employees paid at least the GS-13 rate, plus armed-forces members the Secretary considers advisable. (C) For both groups, it must include at least one officer described in (A) and one employee described in (B)(i), with their ratio roughly matching the ratio of military subjects to civilian subjects. (2) The Secretary designates a president, who must have clearance to access all information about each person. (3) One member must have a similar occupational specialty and understand the official activities in which a subject was engaged when disappearing. (4) The appointing Secretary must assign a judge advocate or appoint a qualified attorney as legal counsel, as specified in section 1503(c)(4). (e) Duties. The board must (1) review reports sent under section 1502(a)(2) and submitted under section 1503(h); (2) gather and evaluate documents, facts, and other evidence available since the section 1503 determination; (3) draw conclusions about whereabouts and status; (4) decide whether status should continue or change; and (5) report findings and conclusions to the Secretary with a recommended determination. (f) Counsel. (1) The Secretary must appoint counsel for each person. The identity of counsel for a missing person must be disclosed to the primary next of kin and any other previously designated person. (2) Counsel must have the qualifications and duties in section 1503(f). (3) Counsel’s review of the board report becomes part of the official record. (g) Family and interested persons. (1) The primary next of kin, immediate family members, and any previously designated person may attend. (2) The Secretary must reasonably notify them at least 60 days before the first meeting. (3) A notified person must tell the Secretary within 21 days whether the person intends to attend. (4) Anyone who says they will attend (A) lets the primary next of kin or designated person attend with private counsel; (B) gets the missing person’s personnel file, any unclassified section 1503 board reports, and other unclassified relevant information; (C) may present relevant information; and (D) subject to (5), may submit a written objection to a subsection (i) recommendation. (5)(A) An objector must send a letter of intent within 15 days after recommendations and written objections within 30 days. (B) The board president must include timely objections in the report. (6) Attendees receive no United States reimbursement for travel, lodging, meals, transportation, legal fees, transcription, witnesses, or other costs. (h) Information. (1) The board may obtain needed information directly from any United States department or agency. (2) On written request by the president, the department or agency head must release the requested information and either declassify it appropriately or release it without removing classification markings. (3)(A) If information cannot be declassified, markings cannot be removed, or it cannot be summarized without revealing classified information, it may be shown only to the board president and missing-person counsel. (B) The president must close proceedings discussing classified information to people without proper clearance. Participants must follow classification laws and regulations, and the Secretary must help prevent compromise. (i) Recommendation. (1) After the inquiry, the board recommends the current whereabouts and status of each person. (2) It may recommend death only while complying with section 1507. (j) Report. The board sends the Secretary its report and evidence; the report may have a classified annex. (k) Secretary’s action. (1) Within 30 days after receiving the report, the Secretary reviews the report, each counsel’s review, and any objections. (2) The Secretary decides whether the report is complete and free of administrative error. If not, the Secretary may return it for further action. (3) Once it is complete and error-free, the Secretary determines each person’s status. (l) Family report. Within 60 days after the determination, the Secretary gives the reviewed report to the primary next of kin, immediate family, and designated person. If the person remains missing, the Secretary tells them the United States will conduct the further investigation described in section 1505. (m) Effect. The subsection (k) determination replaces the section 1503 determination and is treated as the person’s status determination by every United States department and agency.

the actual law source: uscode.house.gov ↗public domain

(a)Additional Board.—

If information that may result in a change of status of a person covered by a determination under section 1503(i) of this title becomes available within one year after the date of the transmission of a report with respect to the person under section 1502(a)(2) of this title, the Secretary concerned shall appoint a board under this section to conduct an inquiry into the information.

(b)Date of Appointment.—

The Secretary concerned shall appoint a board under this section to conduct an inquiry into the whereabouts and status of a missing person on or about one year after the date of the transmission of a report concerning the person under section 1502(a)(2) of this title.

(c)Combined Inquiries.—

If it appears to the Secretary concerned that the absence or status of two or more persons is factually related, the Secretary may appoint one board under this section to conduct the inquiry into the whereabouts and status of such persons.

(d)Composition.—

(1)

A board appointed under this section shall be composed of at least three members 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 subparagraph (B)), the board shall be composed of officers having the grade of major or lieutenant commander 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 Department 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 members of the armed forces and one or more civilians described in subparagraph (B)—

(i)

the board shall include at least one officer described in subparagraph (A) and at least one employee of the Department of Defense described in subparagraph (B)(i); and

(ii)

the ratio of such officers to such employees on the board shall be roughly proportional 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 subjects of the board’s inquiry.

(2)

The Secretary concerned shall designate one member of a board appointed under this section as president of the board. The president of the board shall have a security clearance that affords the president access to all information relating to the whereabouts and status of each person covered by the inquiry.

(3)

One member of each board appointed under this subsection shall be an individual who—

(A)

has an occupational specialty similar to that of one or more of the persons covered by the inquiry; and

(B)

has an understanding of and expertise in the type of official activities that one or more such persons were engaged in at the time such person or persons disappeared.

(4)

The Secretary who appoints a board under this subsection shall, for purposes of providing legal counsel to the board, assign to the board a judge advocate, or appoint to the board an attorney, with the same qualifications as specified in section 1503(c)(4) of this title.

(e)Duties of Board.—

A board appointed under this section to conduct an inquiry into the whereabouts and status of a person shall—

(1)

review the reports with respect to the person transmitted under section 1502(a)(2) of this title and submitted under section 1503(h) of this title;

(2)

collect and evaluate any document, fact, or other evidence with respect to the whereabouts and status of the person that has become available since the determination of the status of the person under section 1503 of this title;

(3)

draw conclusions as to the whereabouts and status of the person;

(4)

determine on the basis of the activities under paragraphs (1) and (2) whether the status of the person should be continued or changed; and

(5)

submit to the Secretary concerned a report describing the findings and conclusions of the board, together with a recommendation for a determination by the Secretary concerning the whereabouts and status of the person.

(f)Counsel for Missing Persons.—

(1)

When the Secretary concerned appoints a board to conduct an inquiry under this section, the Secretary shall appoint counsel to represent each person covered by the inquiry. The identity of counsel appointed under this paragraph for a missing person shall be made known to the missing person’s primary next of kin and any other previously designated person of the person.

(2)

A person appointed as counsel under this subsection shall meet the qualifications and have the duties set forth in section 1503(f) of this title for a missing person’s counsel appointed under that section.

(3)

The review of the report of a board on an inquiry that is submitted by such counsel shall be made an official part of the record of the board with respect to the inquiry.

(g)Attendance of Family Members and Certain Other Interested Persons at Proceedings.—

(1)

With respect to any person covered by an inquiry under this section, the primary next of kin, other members of the immediate family, and any other previously designated person of the person may attend the proceedings of the board during the inquiry.

(2)

The Secretary concerned shall take reasonable actions to notify each individual referred to in paragraph (1) of the opportunity to attend the proceedings of a board. Such notice shall be provided not less than 60 days before the first meeting of the board.

(3)

An individual who receives notice under paragraph (2) shall notify the Secretary of the intent, if any, of that individual to attend the proceedings of the board not later than 21 days after the date on which the individual receives the notice.

(4)

Each individual who notifies the Secretary under paragraph (3) of the individual’s intent to attend the proceedings of the board—

(A)

in the case of an individual who is the primary next of kin or the previously designated person, may attend the proceedings of the board with private counsel;

(B)

shall have access to the personnel file of the missing person, to unclassified reports, if any, of the board appointed under section 1503 of this title 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;

(C)

shall be afforded the opportunity to present information at the proceedings of the board that such individual considers to be relevant to those proceedings; and

(D)

subject to paragraph (5), shall be given the opportunity to submit in writing an objection to any recommendation of the board under subsection (i) as to the status of the missing person.

(5)

(A)

Individuals who wish to file objections under paragraph (4)(D) to any recommendation of the board shall—

(i)

submit a letter of intent to the president of the board not later than 15 days after the date on which the recommendations are made; and

(ii)

submit to the president of the board the objections in writing not later than 30 days after the date on which the recommendations are made.

(B)

The president of a board shall include any objections to a recommendation of the board that are submitted to the president of the board under subparagraph (A) in the report of the board containing the recommendation under subsection (i).

(6)

An individual referred to in paragraph (1) who attends the proceedings of a board under this subsection shall not be entitled to reimbursement by the United States for any costs (including travel, lodging, meals, local transportation, legal fees, transcription costs, witness expenses, and other expenses) incurred by that individual in attending such proceedings.

(h)Availability of Information to Boards.—

(1)

In conducting proceedings in an inquiry under this section, a board may secure directly from any department or agency of the United States any information that the board considers necessary in order to conduct the proceedings.

(2)

Upon written request from the president of a board, the head of a department or agency of the United States shall release information covered by the request to the board. In releasing such information, the head of the department or agency shall—

(A)

declassify to an appropriate degree classified information; or

(B)

release the information in a manner not requiring the removal of markings indicating the classified nature of the information.

(3)

(A)

If a request for information under paragraph (2) covers classified information that cannot be declassified, or if the classification markings cannot be removed before release from the information covered by the request, or if the material cannot be summarized in a manner that prevents 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 for the missing person appointed under subsection (f).

(B)

The president of a board shall close to persons who do not have appropriate security clearances the proceeding of the board at which classified information is discussed. Participants at a proceeding of a board at which classified information is discussed shall comply with all applicable laws and regulations relating to the disclosure of classified information. The Secretary concerned shall assist the president of a board in ensuring that classified information is not compromised through board proceedings.

(i)Recommendation on Status.—

(1)

Upon completion of an inquiry under this section, a board shall make a recommendation as to the current whereabouts and status of each missing person covered by the inquiry.

(2)

A board may not recommend under paragraph (1) that a person be declared dead unless in making the recommendation the board complies with section 1507 of this title.

(j)Report.—

A board appointed under this section shall submit to the Secretary concerned a report on the inquiry carried out by the board, together with the evidence considered by the board during the inquiry. The report may include a classified annex.

(k)Actions by Secretary Concerned.—

(1)

Not later than 30 days after the receipt of a report from a board under subsection (j), the Secretary shall review—

(A)

the report;

(B)

the review of the report submitted to the Secretary under subsection (f)(3) by the counsel for each person covered by the report; and

(C)

the objections, if any, to the report submitted to the president of the board under subsection (g)(5).

(2)

In reviewing a report under paragraph (1) (including the objections described in subparagraph (C) of that paragraph), the Secretary concerned shall determine whether or not the report is complete and free of administrative error. If the Secretary determines that the report is incomplete, or that the report is not free of administrative error, the Secretary may return the report to the board for further action on the report by the board.

(3)

Upon a determination by the Secretary that a report reviewed under this subsection is complete and free of administrative error, the Secretary shall make a determination concerning the status of each person covered by the report.

(l)Report to Family Members and Other Interested Persons.—

Not later than 60 days after the date on which the Secretary concerned makes a determination with respect to a missing person under subsection (k), the Secretary shall—

(1)

provide the report reviewed by the Secretary in making the determination to the primary next of kin, the other members of the immediate family, and any other previously designated person of the person; and

(2)

in the case of a person who continues to be in a missing status, inform each individual referred to in paragraph (1) that the United States will conduct a further investigation into the whereabouts and status of the person as specified in section 1505 of this title.

(m)Treatment of Determination.—

Any determination of the status of a missing person under subsection (k) shall supersede the determination of the status of the person under section 1503 of this title and shall be treated as the determination of the status of the person by all departments and agencies of the United States.

Source credit: (Added Pub. L. 104–106, div. A, title V, § 569(b)(1), Feb. 10, 1996, 110 Stat. 341; amended Pub. L. 104–201, div. A, title V, § 578(a)(3), Sept. 23, 1996, 110 Stat. 2536; Pub. L. 105–85, div. A, title V, § 599(a)(3), (d)(1), title X, § 1073(a)(30), Nov. 18, 1997, 111 Stat. 1767, 1769, 1902.)

history & why it existsrecord from the source credit

1996Enacted · Pub. L. 104-106 · 110 Stat. 341
1996Amended · Pub. L. 104-201 · 110 Stat. 2536
1997Amended · Pub. L. 105-85 · 111 Stat. 1767, 1769, 1902

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-106 on 1996-02-10.

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