Page:United States Statutes at Large Volume 110 Part 1.djvu/374

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110 STAT. 350 PUBLIC LAW 104-106—FEB. 10, 1996 "(b) STATE DEFINED. — In this section, the term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. "§ 1513. Definitions "In this chapter: "(1) 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 with or accompanies the Armed Forces in the field under orders and who is in a missing status. "(2) The term 'missing status' means the status of a missing person who is determined to be absent in a category of any of the following: " (A) Missing. "(B) Missing in action. "(C) Interned in a foreign country. "(D) Captured. "(E) Beleaguered. "(F) Besieged. "(G) Detained in a foreign country against that person's will. "(3) The term 'accounted for', with respect to a person in a missing status, means that— "(A) the person is returned to United States control alive; "(B) the remains of the person are recovered and, if not identifiable through visual means as those of the missing person, are identified as those of the missing person by a practitioner of an appropriate forensic science; or "(C) credible evidence exists to support another determination of the person's status. "(4) The term 'primary next of kin', in the case of a missing person, means the individual authorized to direct disposition of the remains of the person under section 1482(c) of this title. "(5) The term 'member of the immediate family', in the case of a missing person, means the following: "(A) The spouse of the person. "(B) A natural child, adopted child, stepchild, or illegitimate child (if acknowledged by the person or parenthood has been established by a court of competent jurisdiction) of the person, except that if such child has not attained the age of 18 years, the term means a surviving parent or legal guardian of such child. "(C) A biological parent of the person, unless legal custody of the person by the parent has been previously terminated by reason of a court decree or otherwise under law and not restored. "(D) A brother or sister of the person, if such brother or sister has attained the age of 18 years. "(E) Any other blood relative or adoptive relative of the person, if such relative was given sole legal custody of the person by a court decree or otherwise under law