Page:United States Statutes at Large Volume 113 Part 1.djvu/718

 113 STAT. 694 PUBLIC LAW 106-65—OCT. 5, 1999 "(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 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, by the State or a local government of the State; 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 and that foreign country. "(2) Paragraph (1) does not limit the authority of the Armed Forces 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 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 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 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' includes the District of Columbia, the Commonwealth of Puerto Rico, and Guam.". (b) REPEAL OF AUTHORITY FOR EXISTING INQUEST PROCE- DURES.— Sections 4711 and 9711 of title 10, United States Code, are repealed. (c) TECHNICAL AND CLERICAL AMENDMENTS.— (1) Chapter 75 of such title, as amended by subsection (a), is further amended by inserting before section 1475 the following: " SUBCHAPTER II—DEATH BENEFITS". (2) The item relating to chapter 75 in the tables of chapters at the beginning of subtitle A of such title and at the beginning of part II of such subtitle is amended to read as follows: "75. Deceased Personnel 1471". (3) The table of sections at the beginning of chapter 445 of such title is amended by striking the item relating to section 4711.

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