Page:United States Statutes at Large Volume 113 Part 1.djvu/717

 PUBLIC LAW 106-65—OCT. 5, 1999 113 STAT. 693 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 Trsinsportation 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

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