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24 U.S.C. § 412 — Establishment of the Armed Forces Retirement Home
Federal law — U.S. Code and appendices · legal_authorities
**(a) Independent establishment** The Armed Forces Retirement Home is an independent establishment in the executive branch.
**(b) Purpose** The purpose of the Retirement Home is to provide, through the Armed Forces Retirement Home—Washington and the Armed Forces Retirement Home—Gulfport, residences and related services for certain retired and former members of the Armed Forces.
**(c) Facilities**
(1) Each facility of the Retirement Home referred to in paragraph (2) is a separate establishment of the Retirement Home.
(2) The United States Soldiers’ and Airmen’s Home is hereby redesignated as the Armed Forces Retirement Home—Washington. The Naval Home is hereby redesignated as the Armed Forces Retirement Home—Gulfport.
**(d) Operation**
(1) The Chief Operating Officer of the Armed Forces Retirement Home is the head of the Retirement Home. The Chief Operating Officer is subject to the authority, direction, and control of the Secretary of Defense.
(2) Each facility of the Retirement Home shall be maintained as a separate establishment of the Retirement Home for administrative purposes and shall be under the authority, direction, and control of the Administrator of that facility. The Administrator of each facility of the Retirement Home is subject to the authority, direction, and control of the Chief Operating Officer.
(3) The administration of the Retirement Home, including administration for the provision of health care and medical care for residents, shall remain under the control and administration of the Secretary of Defense.
**(e) Property and facilities**
(1) The Retirement Home shall include such property and facilities as may be acquired under paragraph (2) or accepted under [section 415(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:U
Source: Supplied U.S. Code snapshot — release unconfirmed · 24 U.S.C. § 412
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Source file: Laws/federal/codes/united-states-code/title-24/section-412-establishment-of-the-armed-forces-retirement-home--e45e8734e6.md
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Source location: Title 24, Chapter 10, § 412; chapter-010-armed-forces-retirement-home.md
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**(a) Independent establishment** The Armed Forces Retirement Home is an independent establishment in the executive branch.
**(b) Purpose** The purpose of the Retirement Home is to provide, through the Armed Forces Retirement Home—Washington and the Armed Forces Retirement Home—Gulfport, residences and related services for certain retired and former members of the Armed Forces.
**(c) Facilities**
(1) Each facility of the Retirement Home referred to in paragraph (2) is a separate establishment of the Retirement Home.
(2) The United States Soldiers’ and Airmen’s Home is hereby redesignated as the Armed Forces Retirement Home—Washington. The Naval Home is hereby redesignated as the Armed Forces Retirement Home—Gulfport.
**(d) Operation**
(1) The Chief Operating Officer of the Armed Forces Retirement Home is the head of the Retirement Home. The Chief Operating Officer is subject to the authority, direction, and control of the Secretary of Defense.
(2) Each facility of the Retirement Home shall be maintained as a separate establishment of the Retirement Home for administrative purposes and shall be under the authority, direction, and control of the Administrator of that facility. The Administrator of each facility of the Retirement Home is subject to the authority, direction, and control of the Chief Operating Officer.
(3) The administration of the Retirement Home, including administration for the provision of health care and medical care for residents, shall remain under the control and administration of the Secretary of Defense.
**(e) Property and facilities**
(1) The Retirement Home shall include such property and facilities as may be acquired under paragraph (2) or accepted under [section 415(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title24-section415/f&num=0&edition=prelim) for inclusion in the Retirement Home.
(2) The Chief Operating Officer may acquire, for the benefit of the Retirement Home, property and facilities for inclusion in the Retirement Home. If the purchase price to acquire fee title to real property for inclusion in the Retirement Home is more than $750,000, the Chief Operating Officer may acquire the real property only if the acquisition is specifically authorized by law.
(3) If the Chief Operating Officer determines that any property of the Retirement Home is excess to the needs of the Retirement Home, the Chief Operating Officer shall dispose of the property in accordance with subchapter III of chapter 5 of title 40 ([40 U.S.C. 541](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section541&num=0&edition=prelim) et seq.). The proceeds from the disposal of property under this paragraph shall be deposited in the Armed Forces Retirement Home Trust Fund.
**(f) Department of Defense support** The Secretary of Defense may make available from the Department of Defense to the Retirement Home, on a nonreimbursable basis, administrative support and office services, legal and policy planning assistance, access to investigative facilities of the Inspector General of the Department of Defense and of the military departments, and any other support necessary to enable the Retirement Home to carry out its functions under this chapter.
**(g) Accreditation** The Chief Operating Officer shall secure and maintain accreditation by a nationally recognized civilian accrediting organization for each aspect of each facility of the Retirement Home, including medical and dental care, pharmacy, independent living, and assisted living and nursing care.
**(h) Annual report** The Secretary of Defense shall transmit to Congress an annual report on the financial and other affairs of the Retirement Home for each fiscal year. The annual report shall include an assessment of all aspects of each facility of the Retirement Home, including the quality of care at the facility.
**(i) Authority to lease non-excess property**
(1) Subject to the approval of the Secretary of Defense, whenever the Chief Operating Officer of the Armed Forces Retirement Home considers it advantageous to the Retirement Home, the Chief Operating Officer may lease to such lessee and upon such terms as the Chief Operating Officer considers will promote the purpose and financial stability of the Retirement Home or be in the public interest, real or personal property that is—
(A) under the control of the Retirement Home; and
(B) not excess property (as defined by [section 102 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section102&num=0&edition=prelim)) subject to disposal under subsection (e)(3).
(2) A lease under this subsection—
(A) may not be for more than five years, unless the Chief Operating Officer determines that a lease for a longer period will promote the purpose and financial stability of the Retirement Home or be in the public interest;
(B) may give the lessee the first right to buy the property if the lease is revoked to allow the United States to sell the property under any other provision of law;
(C) shall permit the Chief Operating Officer to revoke the lease at any time, unless the Chief Operating Officer determines that the omission of such a provision will promote the purpose and financial stability of the Retirement Home or be in the public interest;
(D) shall provide for the payment (in cash or in kind) by the lessee of consideration in an amount that is not less than the fair market value of the lease interest, as determined by the Chief Operating Officer;
(E) may provide, notwithstanding [section 1302 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1302&num=0&edition=prelim) or any other provision of law, for the alteration, repair, or improvement, by the lessee, of the property leased as the payment of part or all of the consideration for the lease; and
(F) may not provide for a leaseback by the Retirement Home with an annual payment in excess of $100,000, or otherwise commit the Retirement Home or the Department of Defense to annual payments in excess of such amount.
(3) In addition to any in-kind consideration accepted under subparagraph (D) or (E) of paragraph (2), in-kind consideration accepted with respect to a lease under this subsection may include the following:
(A) Maintenance, protection, alteration, repair, improvement, or restoration (including environmental restoration) of property or facilities of the Retirement Home.
(B) Construction of new facilities for the Retirement Home.
(C) Provision of facilities for use by the Retirement Home.
(D) Facilities operation support for the Retirement Home.
(E) Provision of such other services relating to activities that will occur on the leased property as the Chief Operating Officer considers appropriate.
(4) In-kind consideration under paragraph (3) may be accepted at any property or facilities of the Retirement Home that are selected for that purpose by the Chief Operating Officer.
(5) In the case of a lease for which all or part of the consideration proposed to be accepted under this subsection is in-kind consideration with a value in excess of $500,000, the Chief Operating Officer may not enter into the lease until at least 30 days after the date on which a report on the facts of the lease is submitted to Congress. This paragraph does not apply to a lease covered by paragraph (6).
(6)
(A) If a proposed lease under this subsection involves only personal property, the lease term exceeds one year, or the fair market value of the lease interest exceeds $100,000, as determined by the Chief Operating Officer, the Chief Operating Officer shall use competitive procedures to select the lessee unless the Chief Operating Officer determines that—
(i) a public interest will be served as a result of the lease; and
(ii) the use of competitive procedures for the selection of certain lessees is unobtainable or not compatible with the public benefit served under clause (i).
(B) Not later than 45 days before entering into a lease described in subparagraph (A), the Chief Operating Officer shall submit to Congress written notice describing the terms of the proposed lease and—
(i) the competitive procedures used to select the lessee; or
(ii) in the case of a lease involving the public benefit exception authorized by subparagraph (A)(ii), a description of the public benefit to be served by the lease.
(7) The proceeds from the lease of property under this subsection shall be deposited in the Armed Forces Retirement Home Trust Fund.
(8) The interest of a lessee of property leased under this subsection may be taxed by State or local governments. A lease under this subsection shall provide that, if and to the extent that the leased property is later made taxable by State or local governments under an Act of Congress, the lease shall be renegotiated.
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise specifically provided by law, the leasing of buildings and property of the Federal Government shall be for a money consideration only. The lease may not include any provision for the alteration, repair, or improvement of the buildings or property as a part of the consideration for the rent to be paid for the use and occupation of the buildings or property. Money derived from the rent shall be deposited in the Treasury as miscellaneous receipts.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 1302
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Department of Defense is an executive department of the United States.
**(b)** The Department is composed of the following:
(1) The Office of the Secretary of Defense.
(2) The Joint Chiefs of Staff.
(3) The Joint Staff.
(4) The Defense Agencies.
(5) Department of Defense Field Activities.
(6) The Department of the Army.
(7) The Department of the Navy.
(8) The Department of the Air Force.
(9) The unified and specified combatant commands.
(10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President.
(11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10).
**(c)** If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 111
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 101–510, div. A, title XV, § 1542, Nov. 5, 1990, 104 Stat. 1736, related to authorization of appropriations for United States Soldiers’ and Airmen’s Home.
Source: Supplied U.S. Code snapshot — release unconfirmed · 24 U.S.C. § 401
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Federal law — U.S. Code and appendices · legal_authorities
Except as provided in subchapter VII of chapter 5 of this title, the following definitions apply in chapters 1 through 7 of this title and in division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:
(1) **Care and handling.—** — The term “care and handling” includes—
(A) completing, repairing, converting, rehabilitating, operating, preserving, protecting, insuring, packing, storing, handling, conserving, and transporting excess and surplus property; and
(B) rendering innocuous, or destroying, property that is dangerous to public health or safety.
(2) **Contractor inventory.—** — The term “contractor inventory” means—
(A) property, in excess of amounts needed to complete full performance, that is acquired by and in possession of a contractor or subcontractor under a contract pursuant to which title is vested in the Federal Government; and
(B) property that the Government is obligated or has the option to take over, under any type of contract, as a result of changes in specifications or plans under the contract, or as a result of termination of the contract (or a subcontract), prior to completion of the work, for the convenience or at the option of the Government.
(3) **Excess property.—** — The term “excess property” means property under the control of a federal agency that the head of the agency determines is not required to meet the agency’s needs or responsibilities.
(4) **Executive agency.—** — The term “executive agency” means—
(A) an executive department or independent establishment in the executive branch of the Government; and
(B) a wholly owned Government corporation.
(5) **Federal agency.—** — The term “federal agency” means an executive agency or an establishment in the legislative or judicial bra
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 102
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in this subchapter, the Administrator of General Services shall supervise and direct the disposition of surplus property in accordance with this subtitle.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 541
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Federal law — U.S. Code and appendices · legal_authorities
Page 35
TITLE 24—HOSPITALS AND ASYLUMS
§ 412
Defense determines’’ and ‘‘Chief Operating Officer shall
dispose’’ for ‘‘Secretary shall dispose’’.
Subsec. (i)(1). Pub. L. 115–91, § 2873(b)(1), in introduc-
tory provisions, substituted ‘‘Subject to the approval of
the Secretary of Defense, whenever’’ for ‘‘Whenever’’,
‘‘Chief Operating Officer may’’ for ‘‘Secretary of De-
fense (acting on behalf of the Chief Operating Officer)
may’’, and ‘‘Chief Operating Officer considers’’ for
‘‘Secretary considers’’.
Subsec. (i)(5). Pub. L. 115–91, § 2873(b)(2), substituted
‘‘the Chief Operating Officer may not enter into the
lease’’ for ‘‘the Secretary of Defense may not enter into
the lease on behalf of the Chief Operating Officer’’.
Subsec. (i)(6)(A). Pub. L. 115–91, § 2873(b)(3), sub-
stituted ‘‘Chief Operating Officer shall’’ for ‘‘Secretary
of Defense shall’’ in introductory provisions.
2013—Subsec. (d)(3). Pub. L. 112–239 struck out first
par. (3) which read as follows: ‘‘The administration of
the Retirement Home (including administration for the
provision of health care and medical care for residents)
shall remain under the direct authority, control, and
administration of the Secretary of Defense.’’
2011—Subsec. (d)(2). Pub. L. 112–81, § 564(b)(1), sub-
stituted ‘‘Administrator’’ for ‘‘Director’’ in two places.
Subsec. (d)(3). Pub. L. 112–81, § 561, added second par.
(3).
Subsec. (i)(2)(F). Pub. L. 111–383 added subpar. (F).
2009—Subsec. (e)(2). Pub. L. 111–84, § 2823(a), inserted
at end ‘‘If the purchase price to acquire fee title to real
property for inclusion in the Retirement Home is more
than $750,000, the Secretary may acquire the real prop-
erty only if the acquisition is specifically authorized by
law.’’
Subsec. (e)(3). Pub. L. 111–84, § 2823(b)
Source: Supplied 2024 U.S. Code historical extraction · 24 U.S.C. § 412
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 45
TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
§ 545
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Pub. L. 118–99, § 2(e), Oct. 1, 2024, 138 Stat. 1579, pro-
vided that the repeal of this section by section 2(e)(2)
is effective on the date that is 5 years after Oct. 1, 2024.
SUBCHAPTER III—DISPOSING OF
PROPERTY
§ 541. Supervision and direction
Except as otherwise provided in this sub-
chapter, the Administrator of General Services
shall supervise and direct the disposition of sur-
plus property in accordance with this subtitle.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
541 .............
40:484(a).
June 30, 1949, ch. 288, title
II, § 203(a), 63 Stat. 385.
The words ‘‘shall supervise and direct the disposition
of surplus property in accordance with this subtitle’’
are substituted for ‘‘shall have supervision and direc-
tion over the disposition of surplus property. Such
property shall be disposed of to such extent, at such
time, in such areas, by such agencies, at such terms
and conditions, and in such manner, as may be pre-
scribed in or pursuant to this Act’’ for clarity and to
eliminate unnecessary words.
Statutory Notes and Related Subsidiaries
TRANSFERRED PROPERTIES; REQUESTS PRIOR TO
NOVEMBER 30, 1983
Pub. L. 98–181, title I [title I, § 126(a)(2), (3)], Nov. 30,
1983, 97 Stat. 1175, provided that:
‘‘(2) Notwithstanding paragraph (1) [repealing former
40 U.S.C. 484b], the Secretary of Housing and Urban De-
velopment and the Secretary of Agriculture may dis-
pose of Federal surplus real property pursuant to the
terms of section 414 of such Act [former 40 U.S.C. 484b]
if, prior to the date of the enactment of this A
Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 541
Stored review status: historical_2024_not_currentness_verified. The source passage cites 40 U.S.C. § 541. This identifies an authority to review, not proof of applicability.