Page:United States Statutes at Large Volume 110 Part 1.djvu/373

 PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 349 aerial 'ferret' reconnaissance missions over and around the Soviet Union and China) during the Cold War. "(3) With respect to the Indochina war era, any unaccounted for person who was classified as a prisoner of war or as missing in action during the Indochina conflict. "(c) SPECIAL RULE FOR PERSONS CLASSIFIED AS 'KIA/BNR'.— In the case of a person described in subsection (b) who was classified as 'killed in action/body not recovered', the case of that person may be reviewed under this section only if the new information referred to in subsection (a) is compelling. "(d) DEFINITIONS. —In this section: "(1) The term 'Korean conflict' means the period beginning on June 27, 1950, and ending on January 31, 1955. "(2) The term 'Cold War' means the period beginning on September 2, 1945, and ending on August 21, 1991. "(3) The term 'Indochina war era' means the period beginning on July 8, 1959, and ending on May 15, 1975. " § 1510. Applicability to Coast Guard " (a) DESIGNATED OFFICER TO HAVE RESPONSIBILITY.—The Secretary of Transportation shall designate an officer of the Department of Transportation to have responsibility within the Department of Transportation for matters relating to missing persons who are members of the Coast Guard. "(b) PROCEDURES.—The Secretary of Transportation shall prescribe procedures for the determination of the status of persons described in section 1501(c) of this title who are members of the Coast Guard and for the collection, analysis, review, and update of information on such persons. To the maximum extent practicable, the procedures prescribed under this section shall be similar to the procedures prescribed by the Secretary of Defense under section 1501(b) of this title. "§1511. Return alive of person declared missing or dead "(a) PAY AND ALLOWANCES. — Any person (except for a person subsequently determined to have been absent without leave or a deserter) in a missing status or declared dead under subchapter VII of chapter 55 of title 5 or chapter 10 of title 37 or by a board appointed under this chapter who is found alive and returned to the control of the United States shall be paid for the full time of the absence of the person while given that status or declared dead under the law and regulations relating to the pay and allowances of persons returning from a missing status. " (b) EFFECT ON GRATUITIES PAID AS A RESULT OF STATUS.— Subsection (a) shall not be interpreted to invalidate or otherwise affect the receipt by any person of a death gratuity or other payment from the United States on behalf of a person referred to in subsection (a) before the date of the enactment of this chapter. "§ 1512. Effect on State law "(a) NONPREEMPTION OF STATE AUTHORITY. —Nothing in this chapter shall be construed to invalidate or limit the power of any State court or administrative entity, or the power of any court or administrative entity of any political subdivision thereof, to find or declare a person dead for purposes of such State or political subdivision.

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