2013 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 76 - MISSING PERSONS (§§ 1501 - 1513)
Section 1509 - Program to resolve preenactment missing person cases
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 76 - MISSING PERSONS Sec. 1509 - Program to resolve preenactment missing person cases |
Contains | section 1509 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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; Pub. L. 105-85, div. A, title V, §599(e), Nov. 18, 1997, 111 Stat. 1769; Pub. L. 106-65, div. A, title X, §1066(a)(14), Oct. 5, 1999, 113 Stat. 771; Pub. L. 111-84, div. A, title V, §541(a), Oct. 28, 2009, 123 Stat. 2296. |
Statutes at Large References | 110 Stat. 348, 2537, 336 111 Stat. 1769 113 Stat. 771 123 Stat. 2296, 2298 |
Public Law References | Public Law 104-106, Public Law 104-201, Public Law 105-85, Public Law 106-65, Public Law 111-84 |
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(a)
(1) World War II during the period beginning on December 7, 1941, and ending on December 31, 1946, including members of the armed forces who were lost during flight operations in the Pacific theater of operations covered by section 576 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 1501 note).
(2) The Cold War during the period beginning on September 2, 1945, and ending on August 21, 1991.
(3) The Korean War during the period beginning on June 27, 1950, and ending on January 31, 1955.
(4) The Indochina War era during the period beginning on July 8, 1959, and ending on May 15, 1975.
(5) The Persian Gulf War during the period beginning on August 2, 1990, and ending on February 28, 1991.
(6) Such other conflicts in which members of the armed forces served as the Secretary of Defense may designate.
(b)
(2) For purposes of paragraph (1), the term "POW/MIA accounting community" means:
(A) The Defense Prisoner of War/Missing Personnel Office (DPMO).
(B) The Joint POW/MIA Accounting Command (JPAC).
(C) The Armed Forces DNA Identification Laboratory (AFDIL).
(D) The Life Sciences Equipment Laboratory of the Air Force (LSEL).
(E) The casualty and mortuary affairs offices of the military departments.
(F) Any other element of the Department of Defense whose mission (as designated by the Secretary of Defense) involves the accounting for and recovery of members of the armed forces who are missing in action, prisoners of war, or unaccounted for.
(c)
(d)
(A) possesses any information relevant to the status of the person; or
(B) receives any new information regarding the missing person as provided in subsection (e).
(2) The Secretary of Defense shall ensure that each file established under this subsection contains all relevant information pertaining to a person covered by subsection (a) and is readily accessible to all elements of the department, the combatant commands, and the armed forces involved in the effort to account for the person.
(3) Each file established under this subsection shall be handled in accordance with, and subject to the provisions of, section 1506 of this title in the same manner as applies to the file of a missing person otherwise subject to such section.
(e)
(2) Upon receipt of new information under paragraph (1), the Secretary shall ensure that—
(A) the information is treated under paragraph (2) of subsection (c) of section 1505 of this title, relating to addition of the information to the personnel file of a person and notification requirements, in the same manner as information received under paragraph (1) under such subsection; and
(B) the information is treated under paragraph (3) of subsection (c) and subsection (d) of such section, relating to a board review under such section, in the same manner as information received under paragraph (1) of such subsection (c).
(3) For purposes of this subsection, new information is information that is credible and that—
(A) is found or received after November 18, 1997, by a United States intelligence agency, by a Department of Defense agency, or by a person specified in section 1504(g) of this title; or
(B) is identified after November 18, 1997, in records of the United States as information that could be relevant to the case of one or more unaccounted for persons covered by subsection (a).
(f)
(2) In carrying out the program, the Secretary of Defense shall establish close coordination with the Department of State, the Central Intelligence Agency, and the National Security Council to enhance the ability of the Department of Defense POW/MIA accounting community to account for persons covered by subsection (a).
(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; Pub. L. 105–85, div. A, title V, §599(e), Nov. 18, 1997, 111 Stat. 1769; Pub. L. 106–65, div. A, title X, §1066(a)(14), Oct. 5, 1999, 113 Stat. 771; Pub. L. 111–84, div. A, title V, §541(a), Oct. 28, 2009, 123 Stat. 2296.)
AMENDMENTS2009—Pub. L. 111–84 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to review of status of missing person cases arising before enactment of this chapter.
1999—Subsec. (a)(2)(A), (B). Pub. L. 106–65 substituted "November 18, 1997," for "the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998".
1997—Subsec. (a). Pub. L. 105–85, §599(e)(1), added subsec. (a) and struck out former subsec. (a) which read as follows:
"(a)
Subsec. (d). Pub. L. 105–85, §599(e)(2), added subsec. (d).
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:
"(c)
Pub. L. 111–84, div. A, title V, §541(d), Oct. 28, 2009, 123 Stat. 2298, provided that:
"(1)
"(2)
"(3)
"(A) The term 'accounted for' has the meaning given such term in section 1513(3)(B) of title 10, United States Code.
"(B) The term 'POW/MIA accounting community' has the meaning given such term in section 1509(b)(2) of such title."
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