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107 STAT.1774 PUBLIC LAW 103-160—NOV. 30, 1993 SEC. 1185.
INVESTIGATIONS OF DEATHS OF MEMBERS OF THE ARMED FORCES FROM SELF-INFLICTED
CAUSES.
SECRETARY OF DEFENSE TO REVIEW DEATH INVESTIGATION PROCEDURES—
(1) The Secretary of Defense shall review the procedures of the military
departments for investigating deaths of members of the Armed Forces that may
have resulted from self-inflicted causes. The Secretary shall complete the
review not later than June 30, 1994.
(2) Not later than July 15, 1994, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of Representatives a
report on the results of such review. The report may include any
recommendations for legislation that the Secretary considers appropriate.
(3) Not later than October 1, 1994, the Secretary shall prescribe
regulations governing the investigation of deaths of members of the Armed
Forces that may have resulted from self-inflicted causes. The
regulations shall include a date by which the Secretaries of military
departments are required to implement the regulations.
(b) INSPECTOR GENERAL TO REVIEW CERTAIN DEATH INVESTIGATIONS.—Upon a request
that meets the requirements of paragraph (3), the Inspector General of the
Department of Defense shall review each investigation conducted by a
Department of Defense investigative organization of the death of a member of
the Armed Forces who, while serving on active duty during the period
described in paragraph (2), died from a cause determined to be
self-inflicted.
(2) The period referred to in paragraph (1) is the period that— (A) begins
on January 1, 1982; and
(B) ends on the date specified in the regulations prescribed under
subsection (a)
(3) as the deadline for the implementation of such regulations by the
Secretaries of the military departments.
(3) Any of the family members of a member of the Armed Forces referred to in
paragraph (1) may request a review under paragraph (1). The request must be
received by the Secretary of the military department concerned not later
than one year after the date referred to in paragraph (2)(B) and shall
contain or describe specific evidence of a material deficiency in the
previous investigation.
(4) If the Inspector General determines that a previous investigation of a
death was deficient in a material respect, the Inspector General shall
conduct any additional investigation that the Inspector General considers
necessary to determine the cause of that death.
(5) The Inspector General shall submit to the Secretary of the military
department concerned a report on the results of each review conducted under
paragraph (1) and each additional investigation conducted under paragraph
(4) as a result of that review.
(6) The Secretary of the military department concerned, consistent with
other applicable law, shall take such corrective actions with regard to
matters contained in the report as the Secretary considers appropriate.
(7) To the same extent that fatality reports may be furnished to family
members under section 1072 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat.2508; 10 U.S.C. 113 note),
the Inspector General, after consultation with the Secretary of the military
department concerned, shall provide a copy of the Inspector General’s report
on the review of a death investigation to each of the family members who
requested the review.
(c) DEFINITIONS.—In this section:
The term “active duty” has the meaning given such term in section 101 (d)(1)
of title 10, United States Code.
The term “family Members” has the meaning given such term in section
1072(c)(2) of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 106 Stat. 2510; 10 U.S.C. 133 note.
(d) APPLICABILITY TO COAST GUARD.—The Secretary of Transportation shall
implement with respect to the Coast Guard the requirements that are imposed
by this section on the Secretary of Defense and the Inspector General of the
Department of Defense.
