10 U.S.C. § 1502 | Missing persons: initial report

(a)

Preliminary Assessment and Recommendation by Commander .—

section 1501(c) of this titleAfter receiving information that the whereabouts and status of a person described in is uncertain and that the absence of the person may be involuntary, the commander of the unit, facility, or area to or in which the person is assigned shall make a preliminary assessment of the circumstances. If, as a result of that assessment, the commander concludes that the person is missing, the commander shall—

(1)

recommend that the person be placed in a missing status; and

(2)

section 1501(b) of this title not later than 10 days after receiving such information, transmit a report containing that recommendation to the Secretary concerned in accordance with procedures prescribed under .

(b)

Transmission of Advisory Copy to Theater Component Commander .—

When transmitting a report under subsection (a)(2) recommending that a person be placed in a missing status, the commander transmitting that report shall transmit an advisory copy of the report to the theater component commander with jurisdiction over the missing person.

(c)

Safeguarding and Forwarding of Records .—

section 1501 of this titleA commander making a preliminary assessment under subsection (a) with respect to a missing person shall (in accordance with procedures prescribed under ) safeguard and forward for official use any information relating to the whereabouts and status of the missing person that results from the preliminary assessment or from actions taken to locate the person.

Pub. L. 104–106, div. A, title V, § 569(b)(1)Feb. 10, 1996110 Stat. 338 Pub. L. 104–201, div. A, title V, § 578(b)(1)Sept. 23, 1996110 Stat. 2536 Pub. L. 105–85, div. A, title V, § 599(b)(1)Nov. 18, 1997111 Stat. 1768(Added , , ; amended , , ; , , .)

Editorial Notes

Amendments

Pub. L. 105–851997—Subsecs. (b), (c). added subsec. (b) and redesignated former subsec. (b) as (c).

Pub. L. 104–201, § 578(b)(1)(A)1996—Subsec. (a)(2). , substituted “10 days” for “48 hours” and “Secretary concerned” for “theater component commander with jurisdiction over the missing person”.

Pub. L. 104–201, § 578(b)(1)(D)Subsec. (b). , struck out at end “The theater component commander through whom the report with respect to the missing person is transmitted under subsection (b) shall ensure that all pertinent information relating to the whereabouts and status of the missing person that results from the preliminary assessment or from actions taken to locate the person is properly safeguarded to avoid loss, damage, or modification.”

Pub. L. 104–201, § 578(b)(1)(B)Transmission Through Theater Component Commandersection 1501(b) of this title, (C), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “.—Upon reviewing a report under subsection (a) recommending that a person be placed in a missing status, the theater component commander shall ensure that all necessary actions are being taken, and all appropriate assets are being used, to resolve the status of the missing person. Not later than 14 days after receiving the report, the theater component commander shall forward the report to the Secretary of Defense or the Secretary concerned in accordance with procedures prescribed under . The theater component commander shall include with such report a certification that all necessary actions are being taken, and all appropriate assets are being used, to resolve the status of the missing person.”

Pub. L. 104–201, § 578(b)(1)(C)Subsec. (c). , redesignated subsec. (c) as (b).