---
kind: "section"
citation: "10 U.S.C. § 1471"
title: "10"
title_heading: "Armed Forces"
number: "1471"
heading: "Forensic pathology investigations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1471"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 75 — Deceased Personnel"
  - "Subchapter I — Death Investigations"
---

# §1471. Forensic pathology investigations

- (a) **Authority.—** Under regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) of Defense, the [Armed Forces](/usc/10/101.md?p=a-4) Medical Examiner may conduct a forensic pathology investigation to determine the cause or manner of death of a deceased [person](/usc/10/2700.md?p=2) if such an investigation is determined to be justified under circumstances described in [subsection (b)](#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)](#b-2) and one of the circumstances in [paragraph (3)](#b-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](/usc/10/2801.md?p=c-4) 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](/usc/10/101.md?p=a-4) that is under the exclusive jurisdiction of the [United States](/usc/10/101.md?p=a-1);
      - (ii) was a member of the [armed forces](/usc/10/101.md?p=a-4) on [active duty](/usc/10/101.md?p=d-1) or inactive duty for [training](/usc/10/301.md?p=9);
      - (iii) was recently retired under [chapter 61](/usc/10/chstA/ptII/ch61.md) of this title as a result of an injury or illness incurred while a member on [active duty](/usc/10/101.md?p=d-1) or inactive duty for [training](/usc/10/301.md?p=9); or
      - (iv) was a civilian [dependent](/usc/10/1072.md?p=2) of a member of the [armed forces](/usc/10/101.md?p=a-4) and was found dead or died outside the [United States](/usc/10/101.md?p=a-1);
    - (B) in any other authorized [Department](/usc/10/101.md?p=a-6) 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](/usc/10/3451.md?p=3), an authorized official of such [agency](/usc/10/3451.md?p=3) with authority to direct a forensic pathology investigation requests that the [Armed Forces](/usc/10/101.md?p=a-4) Medical Examiner conduct such an investigation.
- (c) **Determination of Justification.—**
  - (1) Subject to [paragraph (2)](#c-2), the determination that a circumstance exists under [paragraph (2)](#b-2) of subsection (b) shall be made by the [Armed Forces](/usc/10/101.md?p=a-4) Medical Examiner.
  - (2) A commander may make the determination that a circumstance exists under [paragraph (2)](#b-2) of subsection (b) and require a forensic pathology investigation under this section without regard to a determination made by the [Armed Forces](/usc/10/101.md?p=a-4) 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](/usc/10/4951.md?p=3) 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](/usc/10/4951.md?p=4), by the [State](/usc/10/4951.md?p=4) or a [local government](/usc/10/4951.md?p=4) of the [State](/usc/10/4951.md?p=4); 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](/usc/10/101.md?p=a-1) and that foreign country.
  - (2) [Paragraph (1)](#d-1) does not limit the authority of the [Armed Forces](/usc/10/101.md?p=a-4) 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](/usc/10/101.md?p=a-4) 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](/usc/10/101.md?p=a-4) 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](/usc/10/2700.md?p=2) 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](/usc/10/4951.md?p=4)” [includes](/usc/10/101.md?p=g-4) the District of Columbia, the Commonwealth of Puerto Rico, and Guam.

## Source credit

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