Page:United States Statutes at Large Volume 110 Part 1.djvu/365

 PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 341 "(2) A board shall submit a report under this subsection with respect to the inquiry carried out by the board not later than 30 days after the date of the appointment of the board to carry, out the inquiry. The report may include a classified annex. "(3) The Secretary of Defense shall prescribe procedures for the release of a report submitted under this subsection with respect to a missing person. Such procedures shall provide that the report may not be made public (except as provided for in subsection (j)) until one year after the date on which the report is submitted, "(i) DETERMINATION BY SECRETARY. —(1) Not later than 30 days after receiving a report from a board under subsection (h), the Secretary receiving the report shall review the report. "(2) In reviewing a report under paragraph (1), the Secretary 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. "(3) Upon a determination by the Secretary that a report reviewed under this subsection is complete and free of administrative error, the Secretary shall make a determination concerning the status of each person covered by the report, including whether the person shall— "(A) be declared to be missing; "(B) be declared to have deserted; "(C) be declared to be absent without leave; or "(D) be declared to be dead. " (j) REPORT TO FAMILY MEMBERS AND OTHER INTERESTED PER- SONS.— Not later than 30 days after the date on which the Secretary concerned makes a determination of the status of a person under subsection (i), the Secretary shall take reasonable actions to— "(1) provide to the primary next of kin, the other members of the immediate family, and any other previously designated person of the person— "(A) an unclassified summary of the unit commander's report with respect to the person under section 1502(a) of this title; and "(B) the report of the board (including the names of the members of the board) under subsection (h); and "(2) inform each individual referred to in paragraph (1) that the United States will conduct a subsequent inquiry into the whereabouts and status of the person on or about one year after the date of the first official notice of the disappearance of the person, unless information becomes available sooner that may result in a change in status of the person. "(k) TREATMENT OF DETERMINATION. —Any determination of the status of a missing person under subsection (i) shall be treated as the determination of the status of the person by all departments and agencies of the United States. "§ 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

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