H. R. 2401—85
in a facility administered by such Secretary. The Retirement Home
shall not be responsible for the costs incurred for such care by
a resident of the Retirement Home who uses a private medical
facility for such care.’’.
(d) DISPOSITION
OF ESTATES
OF DECEASED PERSONS.—Sub-
section (a) of section 1520 of such Act (24 U.S.C. 420) is amended
to read as follows:
‘‘(a) DISPOSITION
OF EFFECTS
OF DECEASED PERSONS.—The
Director of each facility that is maintained as a separate establish-
ment of the Retirement Home shall safeguard and dispose of the
estate and personal effects of deceased residents, including effects
delivered to such facility under sections 4712(f) and 9712(f) of
title 10, United States Code, and shall ensure the following:
‘‘(1) A will or other instrument of a testamentary nature
involving property rights executed by a resident shall be
promptly delivered, upon the death of the resident, to the
proper court of record.
‘‘(2) If a resident dies intestate and the heirs or legal
representative 
of 
the 
deceased 
cannot 
be 
immediately
ascertained, the Director shall retain all property left by the
decedent for a three-year period beginning on the date of the
death. If entitlement to such property is established to the
satisfaction of the Director at any time during the three-year
period, the Director shall distribute the decedent’s property,
in equal pro-rata shares when multiple beneficiaries have been
identified, to the highest following categories of identified survi-
vors (listed in the order of precedence indicated):
‘‘(A) The surviving spouse or legal representative.
‘‘(B) The children of the deceased.
‘‘(C) The parents of the deceased.
‘‘(D) The siblings of the deceased.
‘‘(E) The next-of-kin of the deceased.’’.
(e) SALE
OF EFFECTS.—Subsection (b) of such section 1520
is amended to read as follows:
‘‘(b) SALE OF EFFECTS.—(1)(A) If the disposition of the estate
of a resident of the Retirement Home cannot be accomplished under
subsection (a)(2) or if a resident dies testate and the nominated
fiduciary, legatees, or heirs of the resident cannot be immediately
ascertained, the entirety of the deceased resident’s domiciliary
estate and the entirety of any ancillary estate that is unclaimed
at the end of the three-year period beginning on the date of the
death of the resident shall escheat to the Retirement Home.
‘‘(B) Upon the sale of any such unclaimed estate property,
the proceeds of the sale shall be deposited in the Retirement Home
Trust Fund.
‘‘(C) If a personal representative or other fiduciary is appointed
to administer a deceased resident’s estate and the administration
is completed before the end of such three-year period, the balance
of the entire net proceeds of the estate, less expenses, shall be
deposited directly in the Retirement Home Trust Fund. The heirs
or legatees of the deceased resident may file a claim made with
the Comptroller General of the United States to reclaim such pro-
ceeds. A determination of the claim by the Comptroller General
shall be subject to judicial review exclusively by the United States
Court of Federal Claims.
‘‘(2)(A) The Director of a facility maintained as a separate
establishment of the Retirement Home may designate an attorney
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H. R. 2401—86
to serve as attorney or agent for the facility in any probate proceed-
ing in which the Retirement Home may have a legal interest
as nominated fiduciary, testamentary legatee, escheat legatee, or
in any other capacity.
‘‘(B) An attorney designated under this paragraph may, in
the domiciliary jurisdiction of the deceased resident and in any
ancillary jurisdiction, petition for appointment as fiduciary. The
attorney shall have priority over any petitioners (other than the
deceased resident’s nominated fiduciary, named legatees, or heirs)
to serve as fiduciary. In a probate proceeding in which the heirs
of an intestate deceased resident cannot be located and in a probate
proceeding in which the nominated fiduciary, legatees, or heirs
of a testate deceased resident cannot be located, the attorney shall
be appointed as the fiduciary of the deceased resident’s estate.
‘‘(3) The designation of an employee or representative of a
facility of the Retirement Home as personal representative of the
estate of a resident of the Retirement Home or as a legatee under
the will or codicil of the resident shall not disqualify an employee
or staff member of that facility from serving as a competent witness
to a will or codicil of the resident.
‘‘(4) After the end of the three-year period beginning on the
date of the death of a resident of a facility, the Director of the
facility shall dispose of all property of the deceased resident that
is not otherwise disposed of under this subsection, including per-
sonal effects such as decorations, medals, and citations to which
a right has not been established under subsection (a). Disposal
may be made within the discretion of the Director by—
‘‘(A) retaining such property or effects for the facility;
‘‘(B) offering such items to the Secretary of Veterans
Affairs, a State, another military home, a museum, or any
other institution having an interest in such items; or
‘‘(C) destroying any items determined by the Director to
be valueless.’’.
(f) APPLICABILITY.—Section 1541 of such Act (24 U.S.C. 401
note) is amended by adding at the end the following new subsection:
‘‘(d) APPLICABILITY.—Section 1520 of this Act shall apply to
the estate of each resident of the Armed Forces Retirement Home,
including the United States Soldiers’ and Airmen’s Home and the
Naval Home, who dies after November 29, 1989.’’.
SEC. 367. MODIFICATION OF RESTRICTION ON REPAIR OF CERTAIN
VESSELS THE HOMEPORT OF WHICH IS PLANNED FOR
REASSIGNMENT.
Subsection (b) of section 7310 of title 10, United States Code,
as inserted by section 824(b), is amended to read as follows:
‘‘(b) VESSEL CHANGING HOMEPORTS.—(1) In the case of a naval
vessel the homeport of which is not in the United States (or a
territory of the United States), the Secretary of the Navy may
not during the 15-month period preceding the planned reassignment
of the vessel to a homeport in the United States (or a territory
of the United States) begin any work for the overhaul, repair,
or maintenance of the vessel that is scheduled to be for a period
of more than six months.
‘‘(2) In the case of a naval vessel the homeport of which is
in the United States (or a territory of the United States), the
Secretary of the Navy shall during the 15-month period preceding
the planned reassignment of the vessel to a homeport not in the
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H. R. 2401—87
United States (or a territory of the United States) perform in
the United States (or a territory of the United States) any work
for the overhaul, repair, or maintenance of the vessel that is
scheduled—
‘‘(A) to begin during the 15-month period; and
‘‘(B) to be for a period of more than six months.’’.
SEC. 368. ESCORTS AND FLAGS FOR CIVILIAN EMPLOYEES WHO DIE
WHILE SERVING IN AN ARMED CONFLICT WITH THE
ARMED FORCES.
(a) IN GENERAL.—Chapter 75 of title 10, United States Code,
is amended by inserting after section 1482 the following new section:
‘‘§ 1482a. Expenses incident to death: Civilian employees
serving with an armed force
‘‘(a) PAYMENT
OF EXPENSES.—The Secretary concerned may
pay the expenses incident to the death of a civilian employee
who dies of injuries incurred in connection with the employee’s
service with an armed force in a contingency operation, or who
dies of injuries incurred in connection with a terrorist incident
occurring during the employee’s service with an armed force, as
follows:
‘‘(1) Round-trip transportation and prescribed allowances
for one person to escort the remains of the employee to the
place authorized under section 5742(b)(1) of title 5.
‘‘(2) Presentation of a flag of the United States to the
next of kin of the employee.
‘‘(3) Presentation of a flag of equal size to the flag presented
under paragraph (2) to the parents or parent of the employee,
if the person to be presented a flag under paragraph (2) is
other than the parent of the employee.
‘‘(b) REGULATIONS.—The Secretary of Defense shall prescribe
regulations to implement this section. The Secretary of Transpor-
tation shall prescribe regulations to implement this section with
regard to civilian employees of the Department of Transportation.
Regulations under this subsection shall be uniform to the extent
possible and shall provide for the Secretary’s consideration of the
conditions and circumstances surrounding the death of an employee
and the nature of the employee’s service with the armed force.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘civilian employee’ means a person employed
by the Federal Government, including a person entitled to
basic pay in accordance with the General Schedule provided
in section 5332 of title 5 or a similar basic pay schedule of
the Federal Government.
‘‘(2) The term ‘contingency operation’ includes humani-
tarian operations, peacekeeping operations, and similar oper-
ations.
‘‘(3) The term ‘parent’ has the meaning given such term
in section 1482(a)(11) of this title.
‘‘(4) The term ‘Secretary concerned’ includes the Secretary
of Defense with respect to employees of the Department of
Defense who are not employees of a military department.’’.
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H. R. 2401—88
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 75 of such title is amended by inserting after
the item relating to section 1482 the following new item:
‘‘1482a. Expenses incident to death: Civilian employees serving with an armed
force.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to the payment of incidental expenses
for civilian employees who die while serving in a contingency oper-
ation that occurs after the date of the enactment of this Act.
SEC. 369. MAINTENANCE AND REPAIR OF PACIFIC BATTLE MONU-
MENTS.
(a) AUTHORITY.—The Commandant of the Marine Corps may
provide necessary minor maintenance and repairs to the Pacific
battle monuments until such time as the Secretary of the American
Battle Monuments Commission and the Commandant of the Marine
Corps agree that the repair and maintenance will be performed
by the American Battle Monuments Commission.
(b) FUNDING.—Of the amounts authorized to be appropriated
to the Marine Corps for operation and maintenance in a fiscal
year, not more than $15,000 may be made available to repair
and maintain Pacific battle monuments, except that of the amounts
available to the Marine Corps for operation and maintenance in
fiscal year 1994, $150,000 may be made available to repair and
relocate a monument located on Iwo Jima commemorating the
heroic efforts of United States military personnel during World
War II.
SEC. 370. ONE-YEAR EXTENSION OF CERTAIN PROGRAMS.
(a) DEMONSTRATION PROJECT FOR USE OF PROCEEDS FROM THE
SALE OF CERTAIN PROPERTY.—(1) Section 343(d)(1) of the National
Defense Authorization Act for Fiscal Years 1992 and 1993 (Public
Law 102–190; 105 Stat. 1344) is amended by striking out ‘‘terminate
at the end of the two-year period beginning on the date of the
enactment of this Act’’ and inserting in lieu thereof ‘‘terminate
on December 5, 1994’’.
(2) Section 343(e) of such Act is amended by striking out ‘‘60
days after the end of the two-year period described in subsection
(d)’’ and inserting in lieu thereof ‘‘February 3, 1995’’.
(b) AUTHORITY FOR AVIATION DEPOTS AND NAVAL SHIPYARDS
TO ENGAGE
IN DEFENSE-RELATED PRODUCTION
AND SERVICES.—
Section 1425(e) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101–510; 104 Stat. 1684) is amended by
striking out ‘‘September 30, 1993’’ and inserting in lieu thereof
‘‘September 30, 1994’’.
(c) AUTHORITY OF BASE COMMANDERS OVER CONTRACTING FOR
COMMERCIAL ACTIVITIES.—Section 2468(f) of title 10, United States
Code, is amended by striking out ‘‘September 30, 1993’’ and insert-
ing in lieu thereof ‘‘September 30, 1994’’.
SEC. 371. SHIPS’ STORES.
(a) CONVERSION
TO OPERATION
AS NONAPPROPRIATED FUND
INSTRUMENTALITIES.—Not later than October 1, 1994, the Secretary
of the Navy shall convert the operation of all ships’ stores from
operation as an activity funded by direct appropriations to operation
by the Navy Exchange Service Command as an activity funded
from sources other than appropriated funds.
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