Page:United States Statutes at Large Volume 111 Part 2.djvu/687

 PUBLIC LAW 105-85—NOV. 18, 1997 111 STAT. 1767 "(2) Section 1502 of this title applies in the case of any other person who is a citizen of the United States and a civiligm officer or employee of the Department of Defense or (subject to paragraph (3)) an employee of a contractor of the Department of Defense— "(A) who serves in direct support of, or accompanies, the armed forces in the field under orders and becomes involuntarily absent as a result of a hostile action or under circumstances suggesting that the involuntary absence is a result of a hostile action; and "(B) whose status is undetermined or who is unaccounted for. "(3) The Secretary of Defense shall determine, with regard to a pending or ongoing military operation, the specific employees, or groups of employees, of contractors of the Department of Defense to be considered to be covered by this subsection."; and (B) by adding at the end the following new subsection: "(f) SECRETARY CONCERNED. —In this chapter, the term 'Secretary concerned' includes, in the case of a civilian officer or employee of the Department of Defense or an employee of a contractor of the Department of Defense, the Secretary of the military department or head of the element of the Department of Defense employing the officer or employee or contracting with the contractor, as the case may be.". (2) Section 1503(c) of such title is amended— (A) in paragraph (1), by striking out "one military officer" and inserting in lieu thereof "one individual described in paragraph (2)"; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following new paragraph (2): "(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 civiligin employee of the Department of Defense or of a contractor of the Department of Defense.". (3) Section 1504(d) of such title is amended— (A) in paragraph (1), by striking out "who are" and all that follows in that paragraph and inserting in lieu thereof "as follows: "(A) In the case of a board that will inquire into the whereabouts and status of one or more members of the armed forces (and no civilians described in subparagraph (B)), the board shall be composed of officers having the grade of major or lieutenant commander or above. "(B) In the case of a board that will inquire into the whereabouts and status of one or more civilian employees of the Department of Defense or contractors of the Department of Defense (and no members of the armed forces), the board shall be composed of— "(i) not less than three employees of the Department of Defense whose rate of annual pay is equal to or greater than the rate of annual pay payable for grade GS-13 of the General Schedule under section 5332 of title 5; and

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