News-Info-Alerts

To: ALL

From: Bob Necci & Carol Hrdlicka, Andi Wolos
(POW-MIA FaxNetwork)

Re: Missing Persons Provisions

Date: Ocotber 22, 1997

MISSING PERSONS PROVISIONS - HOUSE-SENATE CONFERENCE
FY 98 DOD AUTHORIZATION ACT
22 October 1997

The House bill (section 568) contained 20 major elements or amendments to the existing missing persons authorities (chapter 76, Title 10, United States Code). The conference agreement is to amend current law by adopting the following provisions that would:

Better protect U.S. citizens who become missing during war and operations other than war by:

Broadening the law to cover DOD civilians and DOD contractors in direct support of or accompanying armed forces in the field, and by requiring the Secretary of Defense to make determinations as to what civilians contractors in each military operation are covered by the law.

Revising status board procedures to reflect the expansion of the law to cover DOD civilians and DOD contract employees.

Provide increased rigor in the process for identifying remains by:

Requiring that a status review board (when making determinations of death) provide a description of the location of body, if recovered, and (if the body is not identifiable), a certification by "a forensic pathologist that the body recovered is that of the missing person." In making the certification, the pathologist shall consider, as appropriate, additional evidence and information provided by appropriate specialists in forensic medicine and other appropriate medical sciences.

Provide a more robust process for the of the so-called "preenactment cases" from the Korean, Cold War, and Vietnam era by:

Requiring the Secretary of Defense to establish and maintain a personnel file for each of the Korean conflict preenactment cases for which the Secretary possesses information, or for cases about which new information is received.

For pre-enactment cases, defining "new information" as credible information that if found or received after the date of enactment by the primary next of kin, member of the immediate family, or previously designated person, or information that is identified in U.S. records after enactment that is relevant to the case of one or more unaccounted for persons.

Providing pre-enactment cases with a process like that for other missing persons by:

Requiring Secretary of Defense, upon receipt of new information that may relate to one or more unaccounted for persons, to ensure that: (1) the new information is placed in the files of all unaccounted for persons to whom the information pertains; (2) an assessment of the information is made in order to determine if a formal review board should be appointed.

Equating "unaccounted for person" as "missing person."

Increase the effectiveness of the accounting process, as well as the opportunity for family and next of kin involvement in that process by:

Requiring that the identity of the counsel for the mising person be made known to the missing person's primary next of kin and/or previously designated person.

Allowing the primary next of kin and any previously designated person to provide information to the counsel for the missing person in connection with the initial review board.

Requiring that an extract of the debriefing report be placed in the file of every missing person mentioned in the report.

Requiring an extract be made of debriefing reports that contain information about unnamed missing persons, and that such extracts about unnamed persons be made reasonably accessible to family members of the missing persons.

Requiring that if, as allowed by law, classified information is withheld from the files of one or more missing persons, the notice or notices of that withholding must be made reasonably accessible to family members of the missing persons.

Revise definitions to include civilians in "missing persons" definition and to define "theater component commander."

Expand the mandated involvement of senior military leadership in the accounting process by:

Requiring that the theater component commander be provided an advisory copy of the commander's initial assessment.