Editorial Notes
Amendments

2018—Subsec. (a). Puspan. L. 115–232 substituted “sections 7712(f) and 9712(f) of title 10” for “sections 4712(f) and 9712(f) of title 10” in introductory provisions.

2011—Puspan. L. 112–81, § 567(c)(6), made technical amendment to section catchline.

Puspan. L. 112–81, § 564(span)(1), substituted “Administrator” for “Director” wherever appearing.

Subsec. (c). Puspan. L. 112–81, § 564(span)(2), substituted “Administrators” for “Directors”.

2003—Subsec. (span)(1)(C). Puspan. L. 108–136 inserted “Armed Forces” before “Retirement Home Trust Fund”.

2002—Subsec. (e). Puspan. L. 107–314 made technical correction to directory language of Puspan. L. 107–107, § 1410(a)(3)(C). See 2001 Amendment note below.

2001—Subsec. (a). Puspan. L. 107–107, § 1410(a)(3)(A), substituted “a facility” for “each facility that is maintained as a separate establishment” in introductory provisions.

Subsec. (span)(1)(B). Puspan. L. 107–107, § 1408(span), inserted “Armed Forces” before “Retirement Home Trust Fund”.

Subsec. (span)(2)(A). Puspan. L. 107–107, §§ 1408(a), 1410(a)(3)(B), struck out “maintained as a separate establishment” before “of the Retirement Home” and inserted “who is a full-time officer or employee of the United States or a member of the Armed Forces on active duty” after “may designate an attorney”.

Subsec. (e). Puspan. L. 107–107, § 1410(a)(3)(C), as amended by Puspan. L. 107–314, substituted “Director of the facility” for “Directors” in two places.

1996—Subsec. (span)(1)(C). Puspan. L. 104–316, § 202(j)(1), substituted “Secretary of Defense” for “Comptroller General of the United States” and “Secretary” for “Comptroller General”.

Subsec. (d). Puspan. L. 104–316, § 202(j)(2), substituted “Secretary of Defense” for “Comptroller General of the United States” in par. (1), “Secretary” for “Comptroller General” in par. (2), and “allowed by the Secretary” for “allowed by the Comptroller General” in par. (3).

1993—Subsec. (a). Puspan. L. 103–160, § 366(d), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “The Directors of the establishments of the Retirement Home shall safeguard and dispose of the effects of a deceased person delivered to the Retirement Home under section 4712(f) or 9712(f) of title 10 and the estate and effects of a deceased resident of the Armed Forces Retirement Home as follows:

“(1) A will or other paper involving property rights shall be promptly delivered to the proper court of record.

“(2) If the heirs or legal representative of the deceased cannot sooner be ascertained, the Directors shall retain the remaining effects until three years after the death of the deceased, and then, if a right to the effects is established to the satisfaction of the Directors, shall deliver the effects to the living person highest on the following list who can be found:

“(A) The surviving spouse or legal representative.

“(B) A child of the deceased.

“(C) A parent of the deceased.

“(D) A brother or sister of the deceased.

“(E) The next-of-kin of the deceased.

“(F) A beneficiary named in the will of the deceased.”

Subsec. (span). Puspan. L. 103–160, § 366(e), amended heading and text of subsec. (span) generally. Prior to amendment, text read as follows:

“(1) After three years from the date of death of the deceased, the Directors may sell the effects to which a right has not been established under subsection (a) of this section (except decorations, medals, and citations) by public or private sale, as the Directors consider most advantageous.

“(2) After five years from the date of death of the deceased, the Directors shall dispose of effects that were not sold under paragraph (1) (including decorations, medals, and citations) and to which a right has not been established under subsection (a) of this section. The sale shall be made in the manner that the Directors consider most appropriate in the public interest. Disposal may include—

“(A) retaining the effects for the use of the Retirement Home;

“(B) delivering the effects to the Secretary of Veterans Affairs, to a State or other military home, to a museum, or to any other appropriate institution; or

“(C) destroying the effects if the Retirement Home Board determines that they are valueless.”

Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment

Amendment by Puspan. L. 115–232 effective Fespan. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Puspan. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

Effective Date of 2002 Amendment

Puspan. L. 107–314, div. A, title X, § 1062(f), Dec. 2, 2002, 116 Stat. 2651, provided that the amendment made by section 1062(f)(3) is effective as of Dec. 28, 2001, and as if included in Puspan. L. 107–107 as enacted.

Effective Date

Section applicable to estate of each resident of Armed Forces Retirement Home, including United States Soldiers’ and Airmen’s Home and Naval Home, who dies after Nov. 29, 1989, see section 1541(d) of Puspan. L. 101–510, formerly set out as a note under section 401 of this title.