1996 US Code
Title 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 76 - MISSING PERSONS
Sec. 1509 - Preenactment 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 unaccounted for person who was classified as a prisoner of war or as missing in action during the Indochina conflict.

(c) 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 beginning on July 8, 1959, and ending on May 15, 1975.

(Added Pub. L. 104–106, div. A, title V, §569(b)(1), Feb. 10, 1996, 110 Stat. 348; amended Pub. L. 104–201, div. A, title V, §578(f)(1), (2)(A), Sept. 23, 1996, 110 Stat. 2537.)

1996—Pub. L. 104–201, §578(f)(2)(A), struck out “, special interest” after “Preenactment” in section catchline.

Subsecs. (c), (d). Pub. L. 104–201, §578(f)(1), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “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.”

This section is referred to in section 1508 of this title.