Page 39 TITLE 24—HOSPITALS AND ASYLUMS § 422

III, §366(d), (e), Nov. 30, 1993, 107 Stat. 1631; Pub.

L. 104–316, title II, §202(j), Oct. 19, 1996, 110 Stat.

3843.)

AMENDMENTS

1996—Subsec. (b)(1)(C). Pub. L. 104–316, §202(j)(1), substituted ‘‘Secretary of Defense’’ for ‘‘Comptroller General of the United States’’ and ‘‘Secretary’’ for ‘‘Comptroller General’’.

Subsec. (d). Pub. 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). Pub. 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. (b). Pub. L. 103–160, §366(e), amended heading

and text of subsec. (b) 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.’’

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 Pub.

L. 101–510, set out as a note under section 401 of this

title.

§ 421. Payment of residents for services

(a) Authority

The Chairman of the Armed Forces Retirement Board is authorized to accept for the

Armed Forces Retirement Home the part-time

or intermittent services of a resident of the Retirement Home, to pay the resident for such

services, and to fix the rate of such pay.

(b) Employment status

A resident receiving pay for services authorized under subsection (a) of this section shall

not, by reason of performing such services and

receiving pay for such services, be considered

as—

(1) receiving the pay of a position or being

employed in a position for the purposes of section 5532 of title 5; or

(2) being an employee of the United States

for any purpose other than—

(A) subchapter I of chapter 81 of title 5 (relating to compensation for work-related injuries); and

(B) chapter 171 of title 28 (relating to

claims for damages or loss).

(c) ‘‘Position’’ defined

In subsection (b)(1) of this section, the term

‘‘position’’ has the meaning given that term in

section 5531 of title 5.

(Pub. L. 101–510, div. A, title XV, §1521, as added

Pub. L. 102–484, div. A, title III, §385(a), Oct. 23,

1992, 106 Stat. 2394; amended Pub. L. 104–201, div.

A, title X, §1052(b), Sept. 23, 1996, 110 Stat. 2650.)

AMENDMENTS

1996—Subsec. (b)(2). Pub. L. 104–201 amended par. (2)

generally. Prior to amendment, par. (2) read as follows:

‘‘being an employee of the United States for any other

purpose.’’

FORGIVENESS OF INDEBTEDNESS

Section 385(b) of Pub. L. 102–484 provided that: ‘‘The

Chairman of the Armed Forces Retirement Board is authorized to cancel the indebtedness of any resident of

the Armed Forces Retirement Home for repayment to

the United States of amounts paid the resident for

services provided to the Retirement Home before the

date of the enactment of this Act [Oct. 23, 1992] if the

Chairman determines that it would be in the interest of

the United States to do so and against equity and good

conscience to require the repayment.’’

§ 422. Authority to accept certain uncompensated

services

(a) Authority to accept services

Subject to subsection (b) of this section and

notwithstanding section 1342 of title 31, the

Chairman of the Retirement Home Board or the

Director of each establishment of the Retirement Home may accept from any person voluntary personal services or gratuitous services

unless the acceptance of the voluntary services

is disapproved by the Retirement Home Board.

(b) Requirements and limitations

(1) The Chairman of the Retirement Home

Board or the Director of the establishment accepting the services shall notify the person of

the scope of the services accepted.

(2) The Chairman or Director shall—

(A) supervise the person providing the services to the same extent as that official would

supervise a compensated employee providing

similar services; and

(B) ensure that the person is licensed, privileged, has appropriate credentials, or is other-