SURVIVOR NOTIFICATION AND ACCESS TO REPORTS RELATING TO SERVICE MEMBERS WHO DIE.

SEC. 1072. SURVIVOR NOTIFICATION AND ACCESS TO REPORTS RELATING TO SERVICE MEMBERS WHO DIE. (a) Availability of Fatality Reports and Records.— (1) Requirement.—The Secretary of each military department shall ensure that fatality reports and records pertaining to any member of the Armed Forces who dies in the line of duty shall be made available to family members of the service member in accordance with this subsection. (2) Information to be provided after notification of death.—Within a reasonable period of time after family members of a service member are notified of the member’s death, but not more than 30 days after the date of notification, the Secretary concerned shall ensure that the family members— (A) in any case in which the cause or circumstances surrounding the death are under investigation, are informed of that fact, of the names of the agencies within the Department of Defense conducting the investigations, and of the existence of any reports by such agencies that have been or will be issued as a result of the investigations; and (B) are furnished, if the family members so desire, a copy of any completed investigative report and any other completed fatality reports that are available at the time family members are provided the information described in subparagraph (A) to the extent such reports may be furnished consistent with sections 552 and 552a of title 5, United States Code. (3) Assistance in obtaining reports.—(A) In any case in which an investigative report or other fatality reports are not available at the time family members of a service member are provided the information described in paragraph (2)(A) about the member’s death, the Secretary concerned shall ensure that a copy of such investigative report and any other fatality reports are furnished to the family members, if they so desire, when the reports are completed and become available, to the extent such reports may be furnished consistent with sections 552 and 552a of title 5, United States Code. (B) In any case in which an investigative report or other fatality reports cannot be released at the time family members of a service member are provided the information described in paragraph (2)(A) about the member’s death because of section 106 STAT. 2509552 or 552a of title 5, United States Code, the Secretary concerned shall ensure that the family members— (i) are informed about the requirements and procedures necessary to request a copy of such reports; and (ii) are assisted, if the family members so desire, in submitting a request in accordance with such requirements and procedures. (C) The requirement of subparagraph (B) to inform and assist family members in obtaining copies of fatality reports shall continue until a copy of each report is obtained, or access to any such report is denied by competent authority within the Department of Defense. (4) Waiver.—The requirements of paragraph (2) or (3) may be waived on a case-by-case basis, but only if the Secretary of the military department concerned determines that compliance with such requirements is not in the interests of national security. (b) Review of Combat Fatality Notification Procedures.— (1) Review.—The Secretary of Defense shall conduct a review of the fatality notification procedures used by the military departments. Such review shall examine the following matters: (A) Whether uniformity in combat fatality notification procedures among the military departments is desirable, particularly with respect to— (i) the use of one or two casualty notification and assistance officers; (ii) the use of standardized fatality report forms and witness statements; (iii) the use of a single center for all military departments through which combat fatality information may be processed; and (iv) the use of uniform procedures and the provision of a dispute resolution process for instances in which members of one of the Armed Forces inflict casualties on members of another of the Armed Forces. (B) Whether existing combat fatality report forms should be modified to include a block or blocks with which to identify the cause of death as “friendly fire”, “U.S. ordnance”, or “unknown”. (C) Whether the existing “Emergency Data” form prepared by members of the Armed Forces should be revised to allow members to specify provision for notification of additional family members in cases such as the case of a divorced service member who leaves children with both a current and a former spouse. (D) Whether the military departments should, in all cases, provide family members of a service member who died as a result of injuries sustained in combat with full and complete details of the death of the service member, regardless of whether such details may be graphic, embarrassing to the family members, or reflect negatively on the military department concerned. (E) Whether, and when, the military departments should inform family members of a service member who died as a result of injuries sustained in combat about 106 STAT. 2510the possibility that the death may have been the result of friendly fire. (F) The criteria and standards which the military departments should use in deciding when disclosure is appropriate to family members of a member of the military forces of an allied nation who died as a result of injuries sustained in combat when the death may have been the result of fire from United States armed forces and an investigation into the cause or circumstances of the death has been conducted. (2) Report.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the review conducted under paragraph (1). Such report shall be submitted not later than March 31, 1993, and shall include recommendations on the matters examined in the review and on any other matters the Secretary determines to be appropriate based upon the review or on any other reviews undertaken by the Department of Defense. (c) Definitions.—In this section: (1) The term “fatality reports” includes investigative reports and any other reports pertaining to the cause or circumstances of death of a member of the Armed Forces in the line of duty (such as autopsy reports, battlefield reports, and medical reports). (2) The term “family members” means parents, spouses, adult children, and such other relatives as the Secretary concerned considers appropriate. (d) Applicability.—(1) Except as provided in paragraph (2), this section applies with respect to deaths of members of the Armed Forces occurring after the date of the enactment of this Act. (2) With respect to deaths of members of the Armed Forces occurring before the date of the enactment of this Act, the Secretary concerned shall provide fatality reports to family members upon request as promptly as practicable.