10 U.S.C. § 2772 — Share of fines and forfeitures to benefit

Page 2200 TITLE 10—ARMED FORCES § 2772 FINAL SETTLEMENT OF ACCOUNTS OF MEMBERS WHO DIED BEFORE JANUARY 1, 1960 Pub. L. 85–861, § 29, Sept. 2, 1958, 72 Stat. 1563, author- ized the General Accounting Office, in the settlement of the accounts of a member of the Army, Navy, Air Force, or Marine Corps who died before Jan. 1, 1956, to allow any amount due to the person highest on a list of persons living on the date of settlement and to provide reimbursement for funeral expenses from the amount due the decedent’s estate. DESIGNATION OF BENEFICIARY MADE BEFORE JANUARY 1, 1956 Pub. L. 85–861, § 31, Sept. 2, 1958, 72 Stat. 1563, provided that: ‘‘The designation of a beneficiary made for the purposes of any six months’ death gratuity, including the designation of a person whose right to the gratuity does not depend upon that designation, and received in the military department concerned, the Department of the Treasury, the Department of Commerce, or the De- partment of Health, Education, and Welfare, as the case may be, before January 1, 1956, is considered as the designation of a beneficiary for the purposes of section 2771 of title 10, United States Code [this section], sec- tion 714 of title 32, United States Code, and sections 3 and 4 of this Act [amending section 857a of Title 33, and section 213a of Title 42], in the absence of a designation under one of those sections, unless the member making the designation was missing, missing in action, in the hands of a hostile force, or interned in a foreign coun- try any time after July 11, 1955, and before January 1, 1956.’’ Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of Public Health Service, see note set out under section 802 of this title. § 2772. Share of fines and forfeitures to benefit Armed Forces Retirement Home (a) DEPOSIT REQUIRED.—The Secretary of the military department concerned or, in the case of the Coast Guard, the Commandant shall deposit in the Armed Forces Retirement Home Trust Fund a percentage (determined under subsection (b)) of the following amounts: (1) The amount of forfeitures and fines ad- judged against an enlisted member, warrant officer, or limited duty officer of the armed forces by sentence of a court martial or under authority of section 815 of this title (article 15) over and above any amount that may be due from the member, warrant officer, or limited duty officer for the reimbursement of the United States or any individual. (2) The amount of forfeitures on account of the desertion of an enlisted member, warrant officer, or limited duty officer of the armed forces. (b) DETERMINATION OF PERCENTAGE.—The Chief Operating Officer of the Armed Forces Retire- ment Home shall determine, on the basis of the financial needs of the Armed Forces Retirement Home, the percentage of the amounts referred to in subsection (a) to be deposited in the trust fund referred to in such subsection. (Added Pub. L. 101–189, div. A, title III, § 342(a)(1), Nov. 29, 1989, 103 Stat. 1419; amended Pub. L. 101–510, div. A, title XV, § 1533(a)(3), (4)(A), Nov. 5, 1990, 104 Stat. 1733; Pub. L. 111–281, title II, § 205(b)(1), Oct. 15, 2010, 124 Stat. 2911; Pub. L. 112–81, div. A, title V, § 567(b)(2)(B), Dec. 31, 2011, 125 Stat. 1425.) Editorial Notes PRIOR PROVISIONS A prior section 2772, act Aug. 10, 1956, ch. 1041, 70A Stat. 156, authorized withholding of pay of officers of the Army, Navy, Air Force, or Marine Corps, and is covered by section 1007 of Title 37, Pay and Allowances of the Uniformed Services, prior to repeal by Pub. L. 87–649, § 14c(3), Sept. 7, 1962, 76 Stat. 501, effective Nov. 1, 1962. AMENDMENTS 2011—Subsec. (b). Pub. L. 112–81 substituted ‘‘Chief Operating Officer of the Armed Forces Retirement Home’’ for ‘‘Armed Forces Retirement Home Board’’. 2010—Subsec. (a). Pub. L. 111–281, § 205(b)(1)(A), in- serted ‘‘or, in the case of the Coast Guard, the Com- mandant’’ after ‘‘concerned’’ in introductory provi- sions. Subsec. (c). Pub. L. 111–281, § 205(b)(1)(B), struck out subsec. (c). Text read as follows: ‘‘In this section, the term ‘armed forces’ does not include the Coast Guard when it is not operating as a service in the Navy.’’ 1990—Pub. L. 101–510, § 1533(a)(4)(A), substituted ‘‘Re- tirement Home’’ for ‘‘retirement homes’’ in section catchline and amended text generally, substituting subsecs. (a) to (c) relating to shares of fines and forfeit- ures to benefit the Armed Forces Retirement Home for former subsecs. (a) and (b) relating to shares of fines and forfeitures to benefit the Soldiers’ Home and the Naval Home. Pub. L. 101–510, § 1533(a)(3), inserted ‘‘and forfeitures’’ after ‘‘fines’’ in subsecs. (a)(1)(A) and (b)(1)(A) and sub- stituted ‘‘, warrant officer, or limited duty officer’’ for ‘‘or warrant officer’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–510, div. A, title XV, § 1533(a)(3), Nov. 5, 1990, 104 Stat. 1733, provided that the amendment by that section was effective Nov. 5, 1990, prior to repeal by Pub. L. 107–107, div. A, title XIV, § 1409, Dec. 28, 2001, 115 Stat. 1265. Amendment by section 1533(a)(4)(A) of Pub. L. 101–510 effective one year after Nov. 5, 1990, see section 1541 of Pub. L. 101–510, formerly set out as an Effective Date note under section 401 of Title 24, Hospitals and Asy- lums. EFFECTIVE DATE Pub. L. 101–189, div. A, title III, § 342(b), Nov. 29, 1989, 103 Stat. 1420, provided that: ‘‘(1) Subsection (a) of section 2772 of such title [10 U.S.C. 2772(a)], as added by subsection (a), shall apply with respect to fines and forfeitures adjudged after the date of the enactment of this Act [Nov. 29, 1989]. ‘‘(2) Subsection (b) of such section shall apply with respect to fines and forfeitures adjudged after May 31, 1990.’’ § 2773. Designation, powers, and accountability of deputy disbursing officials (a)(1) Subject to paragraph (3), a disbursing of- ficial of the Department of Defense may des- ignate a deputy disbursing official— (A) to make payments as the agent of the disbursing official; (B) to sign checks drawn on disbursing ac- counts of the Secretary of the Treasury; and (C) to carry out other duties required under law. (2) The penalties for misconduct that apply to a disbursing official apply to a deputy dis- bursing official designated under this sub- section.