Page:United States Statutes at Large Volume 110 Part 1.djvu/363

 PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 339 this section to conduct an inquiry into the whereabouts and status of the person. "(b) INQUIRIES INVOLVING MORE THAN ONE MISSING PERSON. — If it appears to the Secretary who appoints a board under this section that the absence or missing status of two or more persons is factually related, the Secretary may appoint a single board under this section to conduct the inquiry into the whereabouts and status of all such persons. "(c) COMPOSITION.— (1) A board appointed under this section to inquire into the whereabouts and status of a person shall consist of at least one individual described in paragraph (2) who has experience with and understanding of military operations or activities similar to the operation or activity in which the person disappeared. "(2) An individual referred to in paragraph (1) is the following: "(A) A military officer, in the case of an inquiry with respect to a member of the armed forces. "(B) A civilian, in the case of an inquiry with respect to a civilian employee of the Department of Defense or of a contractor of the Department of Defense. "(3) An individual may be appointed as a member of a board under this section only if the individual has a security clearance that affords the individual access to all information relating to the whereabouts and status of the missing persons covered by the inquiry. "(4) A Secretary appointing 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, who has expertise in the law relating to missing persons, the determination of death of such persons, and the rights of family members and dependents of such persons. "(d) DUTIES OF BOARD. —^A board appointed to conduct an inquiry into the whereabouts and status of a missing person under this section shall— "(1) collect, develop, and investigate all facts and evidence relating to the disappearance or whereabouts and status of the person; "(2) collect appropriate documentation of the facts and evidence covered by the board's investigation; "(3) analyze the facts and evidence, make findings based on that analysis, and draw conclusions as to the current whereabouts and status of the person; and "(4) with respect to each person covered by the inquiry, recommend to the Secretary who appointed the board that— "(A) the person be placed in a missing status; or "(B) the person be declared to have deserted, to be absent without leave, or (subject to the requirements of section 1507 of this title) to be dead. "(e) BOARD PROCEEDINGS. — During the proceedings of an inquiry under this section, a board shall— "(1) collect, record, and safeguard all facts, documents, statements, photographs, tapes, messages, maps, sketches, reports, and other information (whether classified or unclassified) relating to the whereabouts and status of each person covered by the inquiry;

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