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HR 291 103th Congress House Armed Forces and National Security Classified defense information Death and dying Families Freedom of information Governmental investigations Judicial review of administrative acts Missing in action Personnel records

Missing Service Personnel Act of 1993

Introduced: January 5, 1993 See on congress.gov
 Everywhere this bill has been 6 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Apr 14, 1994
Re-referred to the Subcommittee on Oversight and Investigations.
Feb 28, 1994
Unfavorable Executive Comment Received from DOD.
Jan 28, 1993
Executive Comment Requested from DOD.
Jan 28, 1993
Referred to the Subcommittee on Military Forces and Personnel.
Jan 5, 1993
Referred to the House Committee on Armed Services.
Jan 5, 1993
Introduced in House
 Plain-English summary Congressional Research Service

Missing Service Personnel Act of 1993 - Requires the responsible armed forces commander, after receiving notice that a person under his command is missing, to conduct an informal investigation to determine such person's whereabouts and, if appropriate, to place such person in a missing status.

Provides for the convening of boards of inquiry to: (1) investigate evidence relating to the disappearance of a person; (2) recommend whether to continue such person in a missing status or make a finding that such person has deserted, is absent without leave, or is dead; and (3) report its recommendations and findings.

Provides for the convening of a board of further inquiry, if a board of initial inquiry recommends that such person be continued in a missing status.

Directs the Secretary concerned, upon the written request of a member of the immediate family of a missing person who, before the date of the enactment of this Act, was determined by the Secretary to be dead, to: (1) convene a board of further inquiry to determine whether such finding of death should be upheld or such person should be placed in a missing status; and (2) report its findings.

Requires the Secretary, within three years after a board of further inquiry recommends a missing status for any person, to reconvene such board to review such status.

Directs the Secretary to invite each member of the immediate family of the missing person to board meetings unless attendance would place such member in danger. Prohibits any such board from declaring a missing person dead unless: (1) evidence other than the passage of a period of fewer than 50 years suggests that such person is dead; (2) no evidence which reasonably suggests that such person is alive is in the possession of the Government; (3) Government representatives have made a complete search of the area where such person was last seen (unless the United States is not granted access to such area); and (4) Government representatives have checked the records of the government or entity having control over the area where such person was last seen (unless the Government is not granted access to such records).

Provides for judicial review of determinations of death.

Sets forth penalties for knowingly withholding information pertaining to a missing person from that person's personnel file. Requires the Secretary concerned to make the contents of such file available to a member of the immediate family of such person upon written request.

What's happening now April 14, 1994

Re-referred to the Subcommittee on Oversight and Investigations.

 Committees of jurisdiction 3