10 U.S.C. § 1471 — Forensic pathology investigations

Page 1395 TITLE 10—ARMED FORCES § 1471 of the Armed Forces. In conducting the study, the Sec- retary shall identify the following elements: ‘‘(1) The time it takes for such notification to occur after such death, recovery of remains, and identifica- tion of remains. Such time shall be determined through an analysis of data regarding cases involving such notifications. ‘‘(2) The effect of media (including social media) and other forms of communication on such processes. ‘‘(3) Means by which the Secretary may improve such processes to reduce the time described in para- graph (1). ‘‘(4) Any legislative recommendations of the Sec- retary to improve such processes to reduce the time described in paragraph (1). ‘‘(b) UPDATE.—Upon completion of the study under subsection (a), the Secretary shall review and update training and education materials regarding such proc- esses, implementing means described in subsection (a)(3). ‘‘(c) OPERATIONAL TRAINING.—The Secretary of the military department concerned shall include a training exercise, using materials updated (including lessons learned) under subsection (b), regarding a death de- scribed in this section in each major exercise conducted by such Secretary or the Secretary of Defense. ‘‘(d) REPORT.—Not later one year after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing— ‘‘(1) the results of the study; ‘‘(2) a description of the update under subsection (b); and ‘‘(3) lessons learned, as described in subsection (c).’’ SUBCHAPTER I—DEATH INVESTIGATIONS Sec. 1471. Forensic pathology investigations. Editorial Notes AMENDMENTS 1999—Pub. L. 106–65, div. A, title VII, § 721(a), Oct. 5, 1999, 113 Stat. 692, added subchapter I heading and item 1471. § 1471. Forensic pathology investigations (a) AUTHORITY.—Under regulations prescribed by the Secretary of Defense, the Armed Forces Medical Examiner may conduct a forensic pa- thology 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 de- cedent’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 cir- cumstances in paragraph (2) and one of the cir- cumstances 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 un- known; (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 commu- nity 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 installa- tion 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 in- volves 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 In- vestigation, the National Transportation Safe- ty Board, or any other Federal agency, an au- thorized official of such agency with authority to direct a forensic pathology investigation re- quests that the Armed Forces Medical Exam- iner conduct such an investigation. (c) DETERMINATION OF JUSTIFICATION.—(1) Sub- ject to paragraph (2), the determination that a circumstance exists under paragraph (2) of sub- section (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 pathol- ogy investigation under this section without re- gard to a determination made by the Armed Forces Medical Examiner if— (A) in a case involving circumstances de- scribed in paragraph (3)(A)(i) of that sub- section, the commander is the commander of the installation where the decedent was found dead or died; or (B) in a case involving circumstances de- scribed in paragraph (3)(A)(ii) of that sub- section, 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 De- fense. (d) LIMITATION IN CONCURRENT JURISDICTION CASES.—(1) The exercise of authority under this section is subject to the exercise of primary ju- risdiction 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 coun- try, by that foreign country under any appli- cable 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 con- duct a forensic pathology investigation of a death that is subject to the exercise of primary jurisdiction by another sovereign if the inves- Page 1396 TITLE 10—ARMED FORCES § 1475 tigation 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 sen- tence a forensic pathology investigation is in- complete if the investigation does not include an autopsy of the decedent. (e) PROCEDURES.—For a forensic pathology in- vestigation under this section, the Armed Forces Medical Examiner shall— (1) designate one or more qualified patholo- gists to conduct the investigation; (2) to the extent practicable and consistent with responsibilities under this section, give due regard to any applicable law protecting re- ligious beliefs; (3) as soon as practicable, notify the dece- dent’s family, if known, that the forensic pa- thology investigation is being conducted; (4) as soon as practicable after the comple- tion of the investigation, authorize release of the decedent’s remains to the family, if known; and (5) promptly report the results of the foren- sic pathology investigation to the official re- sponsible 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, § 721(a), Oct. 5, 1999, 113 Stat. 692.) SUBCHAPTER II—DEATH BENEFITS Sec. 1475. Death gratuity: death of members on active duty or inactive duty training and of cer- tain other persons. 1476. Death gratuity: death after discharge or re- lease from duty or training. 1477. Death gratuity: eligible survivors. 1478. Death gratuity: amount. 1479. Death gratuity: delegation of determinations, payments. 1480. Death gratuity: miscellaneous provisions. 1481. Recovery, care, and disposition of remains: decedents covered. 1482. Expenses incident to death. 1482a. Expenses incident to death: civilian employ- ees serving with an armed force. 1483. Prisoners of war and interned enemy aliens. 1484. Pensioners, indigent patients, and persons who die on military reservations. 1485. Dependents of members of armed forces. 1486. Other citizens of United States. 1487. Temporary interment. 1488. Removal of remains. 1489. Death gratuity: members and employees dying outside the United States while as- signed to intelligence duties. 1490. Transportation of remains: certain retired members and dependents who die in mili- tary medical facilities. 1491. Funeral honors functions at funerals for vet- erans. 1492. Authority to provide travel and transpor- tation allowances in connection with trans- fer ceremonies of certain civilian employees who die overseas. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, div. A, title XI, § 1104(a)(2), Jan. 1, 2021, 134 Stat. 3890, added item 1492. 2001—Pub. L. 107–107, div. A, title X, § 1048(a)(14), Dec. 28, 2001, 115 Stat. 1223, transferred subchapter II heading so as to appear before the table of sections for that sub- chapter. 1999—Pub. L. 106–65, div. A, title VII, § 721(c)(1), Oct. 5, 1999, 113 Stat. 694, inserted ‘‘SUBCHAPTER II— DEATH BENEFITS’’ before section 1475 of this title. Pub. L. 106–65, div. A, title V, § 578(k)(2)(A), Oct. 5, 1999, 113 Stat. 631, substituted ‘‘Funeral honors func- tions at funerals for veterans’’ for ‘‘Honor guard details at funerals of veterans’’ in item 1491. 1998—Pub. L. 105–261, div. A, title V, § 567(b)(2), Oct. 17, 1998, 112 Stat. 2031, added item 1491. 1994—Pub. L. 103–337, div. A, title X, § 1070(a)(8)(B), Oct. 5, 1994, 108 Stat. 2855, substituted ‘‘civilian’’ for ‘‘Civilian’’ in item 1482a. 1993—Pub. L. 103–160, div. A, title III, § 368(b), Nov. 30, 1993, 107 Stat. 1634, added item 1482a. 1991—Pub. L. 102–190, div. A, title VI, § 626(b)(2), Dec. 5, 1991, 105 Stat. 1380, substituted ‘‘Transportation of re- mains: certain retired members and dependents who die in military medical facilities’’ for ‘‘Transportation of remains of members entitled to retired or retainer pay who die in a military medical facility’’ in item 1490. 1983—Pub. L. 98–94, title X, § 1032(a)(2), Sept. 24, 1983, 97 Stat. 672, added item 1490. 1980—Pub. L. 96–450, title IV, § 403(b)(2), Oct. 14, 1980, 94 Stat. 1979, added item 1489. 1965—Pub. L. 89–150, § 1(2), Aug. 28, 1965, 79 Stat. 585, struck out ‘‘; death while outside United States’’ from item 1485. 1958—Pub. L. 85–861, § 1(32)(B), (C), Sept. 2, 1958, 72 Stat. 1455, struck out ‘‘CARE OF THE DEAD’’ from chapter heading, and added items 1475 to 1480. Statutory Notes and Related Subsidiaries MEETINGS OF OFFICIALS OF THE DEPARTMENT OF DE- FENSE WITH REPRESENTATIVE GROUPS OF SURVIVORS OF DECEASED MEMBERS OF THE ARMED FORCES Pub. L. 116–92, div. A, title V, § 580B, Dec. 20, 2019, 133 Stat. 1408, provided that: ‘‘(a) CHIEFS OF THE ARMED FORCES.—The Secretary of Defense shall direct the chiefs of the Armed Forces to meet periodically with representative groups of sur- vivors of deceased members of the Armed Forces to re- ceive feedback from those survivors regarding issues af- fecting such survivors. The Chief of the National Guard Bureau shall meet with representative groups of sur- vivors of deceased members of the Air National Guard and the Army National Guard. ‘‘(b) UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS.—The Under Secretary of Defense for Personnel and Readiness shall meet periodically with representative groups of survivors of deceased members of the Armed Forces to discuss policies of the Depart- ment of Defense regarding military casualties and Gold Star families. ‘‘(c) BRIEFING.—Not later than April 1, 2020, the Under Secretary of Defense for Personnel and Readiness shall brief the Committee on Armed Services of the House of Representatives regarding policies established and the results of the meetings under subsection (b).’’ § 1475. Death gratuity: death of members on ac- tive duty or inactive duty training and of certain other persons (a) Except as provided in section 1480 of this title, the Secretary concerned shall have a death gratuity paid to or for the survivor prescribed by section 1477 of this title, immediately upon receiving official notification of the death of— (1) a member of an armed force under his ju- risdiction who dies while on active duty or while performing authorized travel to or from active duty; (2) a Reserve of an armed force who dies while on inactive duty training (other than