
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1471]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                     CHAPTER 75--DECEASED PERSONNEL
 
                   SUBCHAPTER I--DEATH INVESTIGATIONS
 
Sec. 1471. Forensic pathology investigations

    (a) Authority.--Under regulations prescribed by the Secretary of 
Defense, the Armed Forces Medical Examiner may conduct a forensic 
pathology investigation to determine the cause or manner of death of a 
deceased person if such an investigation is determined to be justified 
under circumstances described in subsection (b). The investigation may 
include an autopsy of the decedent's remains.
    (b) Basis for Investigation.--(1) A forensic pathology investigation 
of a death under this section is justified if at least one of the 
circumstances in paragraph (2) and one of the circumstances in paragraph 
(3) exist.
    (2) A circumstance under this paragraph is a circumstance under 
which--
        (A) it appears that the decedent was killed or that, whatever 
    the cause of the decedent's death, the cause was unnatural;
        (B) the cause or manner of death is unknown;
        (C) there is reasonable suspicion that the death was by unlawful 
    means;
        (D) it appears that the death resulted from an infectious 
    disease or from the effects of a hazardous material that may have an 
    adverse effect on the military installation or community involved; 
    or
        (E) the identity of the decedent is unknown.

    (3) A circumstance under this paragraph is a circumstance under 
which--
        (A) the decedent--
            (i) was found dead or died at an installation garrisoned by 
        units of the armed forces that is under the exclusive 
        jurisdiction of the United States;
            (ii) was a member of the armed forces on active duty or 
        inactive duty for training;
            (iii) was recently retired under chapter 61 of this title as 
        a result of an injury or illness incurred while a member on 
        active duty or inactive duty for training; or
            (iv) was a civilian dependent of a member of the armed 
        forces and was found dead or died outside the United States;

        (B) in any other authorized Department of Defense investigation 
    of matters which involves the death, a factual determination of the 
    cause or manner of the death is necessary; or
        (C) in any other authorized investigation being conducted by the 
    Federal Bureau of Investigation, the National Transportation Safety 
    Board, or any other Federal agency, an authorized official of such 
    agency with authority to direct a forensic pathology investigation 
    requests that the Armed Forces Medical Examiner conduct such an 
    investigation.

    (c) Determination of Justification.--(1) Subject to paragraph (2), 
the determination that a circumstance exists under paragraph (2) of 
subsection (b) shall be made by the Armed Forces Medical Examiner.
    (2) A commander may make the determination that a circumstance 
exists under paragraph (2) of subsection (b) and require a forensic 
pathology investigation under this section without regard to a 
determination made by the Armed Forces Medical Examiner if--
        (A) in a case involving circumstances described in paragraph 
    (3)(A)(i) of that subsection, the commander is the commander of the 
    installation where the decedent was found dead or died; or
        (B) in a case involving circumstances described in paragraph 
    (3)(A)(ii) of that subsection, the commander is the commander of the 
    decedent's unit at a level in the chain of command designated for 
    such purpose in the regulations prescribed by the Secretary of 
    Defense.

    (d) Limitation in Concurrent Jurisdiction Cases.--(1) The exercise 
of authority under this section is subject to the exercise of primary 
jurisdiction for the investigation of a death--
        (A) in the case of a death in a State, by the State or a local 
    government of the State; or
        (B) in the case of a death in a foreign country, by that foreign 
    country under any applicable treaty, status of forces agreement, or 
    other international agreement between the United States and that 
    foreign country.

    (2) Paragraph (1) does not limit the authority of the Armed Forces 
Medical Examiner to conduct a forensic pathology investigation of a 
death that is subject to the exercise of primary jurisdiction by another 
sovereign if the investigation by the other sovereign is concluded 
without a forensic pathology investigation that the Armed Forces Medical 
Examiner considers complete. For the purposes of the preceding sentence 
a forensic pathology investigation is incomplete if the investigation 
does not include an autopsy of the decedent.
    (e) Procedures.--For a forensic pathology investigation under this 
section, the Armed Forces Medical Examiner shall--
        (1) designate one or more qualified pathologists to conduct the 
    investigation;
        (2) to the extent practicable and consistent with 
    responsibilities under this section, give due regard to any 
    applicable law protecting religious beliefs;
        (3) as soon as practicable, notify the decedent's family, if 
    known, that the forensic pathology investigation is being conducted;
        (4) as soon as practicable after the completion of the 
    investigation, authorize release of the decedent's remains to the 
    family, if known; and
        (5) promptly report the results of the forensic pathology 
    investigation to the official responsible for the overall 
    investigation of the death.

    (f) Definition of State.--In this section, the term ``State'' 
includes the District of Columbia, the Commonwealth of Puerto Rico, and 
Guam.

(Added Pub. L. 106-65, div. A, title VII, Sec. 721(a), Oct. 5, 1999, 113 
Stat. 692.)
