Page:United States Statutes at Large Volume 110 Part 1.djvu/372

 110 STAT. 348 PUBLIC LAW 104-106—FEB. 10, 1996 to obtain access to such records, such representatives are not granted such access). Reports. "(b) SUBMITTAL OF INFORMATION ON DEATH.— If a board appointed under section 1503, 1504, or 1505 of this title makes a recommendation that a missing person be declared dead, the board shall include in the report of the board with respect to the person under that section the following: "(1) A detailed description of the location where the death occurred. "(2) A statement of the date on which the death occurred. "(3) A description of the location of the body, if recovered. "(4) If the body has been recovered and is not identifiable through visual means, a certification by a practitioner of an appropriate forensic science that the body recovered is that of the missing person. "§ 1508. Judicial review "(a) RIGHT OF REVIEW.—^A person who is the primary next of kin (or the previously designated person) of a person who is the subject of a finding described in subsection (b) may obtain judicial review in a United States district court of that finding, but only on the basis of a claim that there is information that could affect the status of the missing person's case that was not adequately considered during the administrative review process under this chapter. Any such review shall be as provided in section 706 of title 5. "(b) FINDINGS FOR WHICH JUDICIAL REVIEW MAY BE SOUGHT.— Subsection (a) applies to the following findings: "(1) A finding by a board appointed under section 1504 or 1505 of this title that a missing person is dead. "(2) A finding by a board appointed under section 1509 of this title that confirms that a missing person formerly declared dead is in fact dead. "(c) SUBSEQUENT REVIEW.— Appeals from a decision of the district court shall be taken to the appropriate United States court of appeals and to the Supreme Court as provided by law. "§ 1509. Preenactment, special interest cases "(a) REVIEW OF STATUS. —In the case of an unaccounted for person covered by section 1501(c) of this title who is described in subsection (b), if new information that could change the status of that person is found or received by a United States intelligence agency, by a Department of Defense agency, or by a person specified in section 1504(g) of this title, that information shall be provided to the Secretary of Defense with a request that the Secretary evaluate the information in accordance with sections 1505(c) and 1505(d) of this title. Prisoners of war. "(b) CASES ELIGIBLE FOR REVIEW. —The cases eligible for review Missing in action, under this section are the following: "(1) With respect to the Korean conflict, any unaccounted for person who was classified as a prisoner of war or as missing in action during that conflict and who (A) was known to be or suspected to be alive at the end of that conflict, or (B) was classified as missing in action and whose capture was possible. "(2) With respect to the Cold War, any unaccounted for person who was engaged in intelligence operations (such as

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