110 STAT. 340 PUBLIC LAW 104-106—FEB. 10, 1996 "(2) gather information relating to actions taken to find the person, including any evidence of the whereabouts and status of the person arising from such actions; and Records. "(3) maintain a record of its proceedings. "(f) COUNSEL FOR MISSING PERSON.— (1) The Secretary appointing a board to conduct an inquiry under this section shall appoint counsel to represent each person covered by the inquiry or, in a case covered by subsection (b), one counsel to represent all persons covered by the inquiry. Counsel appointed under this paragraph may be referred to as 'missing person's counsel' and represents the interests of the person covered by the inquiry (and not any member of the person's family or other interested parties). "(2) To be appointed as a missing person's counsel, a person must— "(A) have the qualijfications specified in section 827(b) of this title (article 27(b) of the Uniform Code of Military Justice) for trial counsel or defense counsel detailed for a general court-martial; "(B) have a security clearance that affords the counsel access to all information relating to the whereabouts and status of the person or persons covered by the inquiry; and "(C) have expertise in the law relating to missing persons, the determination of the death of such persons, and the rights of family members and dependents of such persons. "(3) A missing person's counsel— "(A) shall have access to all facts and evidence considered by the board during the proceedings under the inquiry for which the counsel is appointed; "(B) shall observe all official activities of the board during such proceedings; "(C) may question witnesses before the board; and "(D) shall monitor the deliberations of the board. "(4) A missing person's counsel shall assist the board in ensuring that all appropriate information concerning the case is collected, logged, filed, and safeguarded. "(5) A missing person's counsel shall review the report of the board under subsection (h) and submit to the Secretary concerned who appointed the board an independent review of that report. That review shall be made an official part of the record of the board. "(g) ACCESS TO PROCEEDINGS. —The proceedings of a board during an inquiry under this section shall be closed to the public (including, with respect to the person covered by the inquiry, the primary next of kin, other members of the immediate family, and any other previously designated person of the person). "(h) REPORT.— (1) A board appointed under this section shall submit to the Secretary who appointed the board a report on the inquiry carried out by the board. The report shall include— "(A) a discussion of the facts and evidence considered by the board in the inquiry; "(B) the recommendation of the board under subsection (d) with respect to each person covered by the report; and "(C) disclosure of whether classified documents and information were reviewed by the board or were otherwise used by the board in forming recommendations under subparagraph (B).
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