10 U.S.C. § 1509
10 U.S.C. § 1509
EDITORIAL NOTES
AMENDMENTS2014- Pub. L. 113-291, §916(f)(1), substituted "Program to resolve missing person cases" for "Program to resolve preenactment missing person cases" in section catchline.Subsec. (b). Pub. L. 113-291, §916(d)(1)(A), struck out "PROCESS" after "IMPLEMENTATION" in heading. Subsec. (b)(1). Pub. L. 113-291, §916(d)(1)(B), substituted "through the designated Agency Director" for "POW/MIA accounting community".Subsec. (b)(2). Pub. L. 113-291, §916(d)(1)(C), added par. (2) and struck out former par. (2) which defined "POW/MIA accounting community".Subsec. (d). Pub. L. 113-291, §916(d)(2)(A), inserted ";CENTRALIZED DATABASE" after "FILES" in heading.Subsec. (d)(4). Pub. L. 113-291, §916(d)(2)(B), added par. (4).Subsec. (f)(1). Pub. L. 113-291, §916(d)(3)(A), substituted "In carrying out the program, the designated Agency Director shall ensure coordination" for "In establishing and carrying out the program, the Secretary of Defense shall coordinate". Subsec. (f)(2). Pub. L. 113-291, §916(d)(3)(B), inserted "staff" after "National Security Council" and struck out "POW/MIA accounting community" after "Department of Defense".Subsec. (f)(3). Pub. L. 113-291, §916(d)(3)(C), added par. (3). 2009- Pub. L. 111-84 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to review of status of missing person cases arising before enactment of this chapter.1999-Subsec. (a)(2)(A), (B). Pub. L. 106-65 substituted "November 18, 1997," for "the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998". 1997-Subsec. (a). Pub. L. 105-85, §599(e)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: "(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."Subsec. (d). Pub. L. 105-85, §599(e)(2), added subsec. (d).1996- Pub. L. 104-201, §578(f)(2)(A), struck out ",special interest" after "Preenactment" in section catchline.Subsecs. (c), (d). Pub. L. 104-201, §578(f)(1), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows:"(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."
STATUTORY NOTES AND RELATED SUBSIDIARIES
IMPLEMENTATION Pub. L. 111-84, div. A, title V, §541(d), Oct. 28, 2009, 123 Stat. 2298, provided that:"(1) PRIORITY.-A priority of the program required by section 1509 of title 10, United States Code, as amended by subsection (a), to resolve missing person cases arising before the enactment of chapter 76 of such title by section 569 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 336) [approved Feb. 10, 1996] shall be the return of missing persons to United States control alive. "(2) ACCOUNTING FOR GOAL.-In implementing the program, the Secretary of Defense, in coordination with the officials specified in subsection (f)(1) of section 1509 of title 10, United States Code, shall provide such funds, personnel, and resources as the Secretary considers appropriate to increase significantly the capability and capacity of the Department of Defense, the Armed Forces, and commanders of the combatant commands to account for missing persons so that, beginning with fiscal year 2015, the POW/MIA accounting community has sufficient resources to ensure that at least 200 missing persons are accounted for under the program annually."(3) DEFINITIONS.-In this subsection:"(A) The term 'accounted for' has the meaning given such term in section 1513(3)(B) of title 10, United States Code."(B) The term 'POW/MIA accounting community' has the meaning given such term in section 1509(b)(2) of such title."
- Defense Agency
- The term "Defense Agency" means an organizational entity of the Department of Defense-(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department (other than such an entity that is designated by the Secretary as a Department of Defense Field Activity); or(B) that is designated by the Secretary of Defense as a Defense Agency.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- military departments
- The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
- missing person
- The term "missing person" means-(A) a member of the armed forces on active duty who is in a missing status; or(B) a civilian employee of the Department of Defense or an employee of a contractor of the Department of Defense who serves in direct support of, or accompanies, the armed forces in the field under orders and who is in a missing status.Such term includes an unaccounted for person described in subsection (a) of section 1509 of this title who is required by subsection (c) of such section to be considered a missing person.