§ 1504. Subsequent board of inquiry
(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—
(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)—
(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.
(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;
(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.
(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;
(5)
(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—
(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—
(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.
(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.