24 U.S.C. § 412 — Residents of Retirement Home

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)(1), added par. (3) and struck out former par. (3) which read as follows: ‘‘The Secretary of Defense may dispose of any property of the Retirement Home, by sale, lease, or otherwise, that the Secretary determines is excess to the needs of the Retirement Home. The proceeds from such a dis- posal of property shall be deposited in the Armed Forces Retirement Home Trust Fund. No such disposal of real property shall be effective earlier than 120 days after the date on which the Secretary transmits a noti- fication of the proposed disposal to the Committees on Armed Services of the Senate and the House of Rep- resentatives.’’ Subsec. (i). Pub. L. 111–84, § 2823(b)(2), added subsec. (i). 2008—Subsec. (d)(3). Pub. L. 110–181, § 1422(a)(1), added par. (3). Subsec. (g). Pub. L. 110–181, § 1422(b), amended subsec. (g) generally. Prior to amendment, text read as follows: ‘‘The Chief Operating Officer shall endeavor to secure for each facility of the Retirement Home accreditation by a nationally recognized civilian accrediting organi- zation, such as the Continuing Care Accreditation Com- mission and the Joint Commission for Accreditation of Health Organizations.’’ Subsec. (h). Pub. L. 110–181, § 1422(a)(2), inserted at end ‘‘The annual report shall include an assessment of all aspects of each facility of the Retirement Home, in- cluding the quality of care at the facility.’’ 2001—Pub. L. 107–107 reenacted section catchline without change and amended text generally, sub- stituting present provisions for provisions relating to inclusion of existing homes in the Armed Forces Re- tirement Home in subsec. (a), the purpose of the Retire- ment Home in subsec. (b), its operation in subsec. (c), its property and facilities in subsec. (d), the require- ment that the Secretary of Defense make available cer- tain support services for the Home in subsec. (e), and its accreditation in subsec. (f). 1993—Subsecs. (e), (f). Pub. L. 103–160 added subsec. (e) and redesignated former subsec. (e) as (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective one year after Nov. 5, 1990, see sec- tion 1541(a) of Pub. L. 101–510, formerly set out as a note under section 401 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (h) of this section requiring submittal of an- nual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces. MODIFICATION OF LEASING AUTHORITY OF ARMED FORCES RETIREMENT HOME Pub. L. 118–31, div. A, title XIV, § 1421, Dec. 22, 2023, 137 Stat. 530, provided that: ‘‘(a) AGREEMENTS.—Before entering a lease under sec- tion 1511(i) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411(i)), the Chief Operating Officer of the Armed Forces Retirement Home may enter into an agreement with a potential lessee for such lease pro- viding for a period of exclusivity, access, study, or for similar purposes. The agreement shall provide for the payment (in cash or in kind) by the potential lessee of consideration for the agreement unless the Chief Oper- ating Officer determines that payment of consideration will not promote the purpose and financial stability of the Armed Forces Retirement Home or be in the public interest. ‘‘(b) APPROVAL AND NOTIFICATION.—A sublease pursu- ant to section 1511(i) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411(i)) shall not be subject to the approval of the Secretary of Defense or any re- quirement to notify or submit a report to Congress de- scribed in such section if the Chief Operating Officer of the Armed Forces Retirement Home determines that the terms of the sublease conform with the terms of such lease. ‘‘(c) ADMINISTRATION OF FUNDS.— ‘‘(1) AGREEMENT PROCEEDS.—The proceeds from an agreement entered into under subsection (a) shall be deposited in the Armed Forces Retirement Home Trust Fund. ‘‘(2) FUND USES.—The proceeds from the lease of property under section 1511(i) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411(i)) and the proceeds from agreements entered into under sub- section (a) of this section that are deposited in the Armed Forces Retirement Home Trust Fund shall re- main available for obligation and expenditure to fi- nance expenses of the Retirement Home related to the formation and administration of agreements and leases entered into under the provisions of this sec- tion or such section 1511(i). ‘‘(d) SUNSET.—This section shall terminate on Sep- tember 30, 2026.’’ § 412. Residents of Retirement Home (a) Persons eligible to be residents Except as provided in subsection (b), the fol- lowing persons who served as members of the Armed Forces, at least one-half of whose service was not commissioned service (other than as a warrant officer or limited-duty officer), are eli- gible to become residents of the Retirement Home: (1) Persons who were discharged or released from service in the Armed Forces after 20 or more years of active service. (2) Persons who are determined under rules prescribed by the Chief Operating Officer to be suffering from a service-connected disability incurred in the line of duty in the Armed Forces. (3) Persons who served in a war theater dur- ing a time of war declared by Congress or were eligible for hostile fire special pay under sec- tion 310 or 351 of title 37 and who are deter- mined under rules prescribed by the Chief Op- erating Officer to be suffering from injuries, disease, or disability. Page 36 TITLE 24—HOSPITALS AND ASYLUMS § 413 (4) Persons who served in a women’s compo- nent of the Armed Forces before June 12, 1948, and are determined under rules prescribed by the Chief Operating Officer to be eligible for admission because of compelling personal cir- cumstances. (5) Persons who are eligible for retired pay under chapter 1223 of title 10 and are— (A) eligible for care under section 1710 of title 38; (B) enrolled in coverage under chapter 55 of title 10; or (C) enrolled in a qualified health plan (as defined in section 18021(a) of title 42) that is acceptable to the Chief Operating Officer. (b) Persons ineligible to be residents The following persons are ineligible to become a resident of the Retirement Home: (1) A person who— (A) has been convicted of a felony; or (B) was discharged or released from service in the Armed Forces under other than hon- orable conditions. (2) A person with substance abuse or mental health problems, except upon a judgment and satisfactory determination by the Chief Oper- ating Officer that— (A) the person has been evaluated by a qualified health professional selected by the Retirement Home; (B) the Retirement Home can accommo- date the person’s condition; and (C) the person agrees to such conditions of residency as the Retirement Home may re- quire. (c) Acceptance To apply for acceptance as a resident of a fa- cility of the Retirement Home, a person eligible to be a resident shall submit to the Adminis- trator of that facility an application in such form and containing such information as the Chief Operating Officer may require. (d) Priorities for acceptance The Chief Operating Officer shall establish a system of priorities for the acceptance of resi- dents so that the most deserving applicants will be accepted whenever the number of eligible ap- plicants is greater than the Retirement Home can accommodate. (e) Spouses of residents (1) Authority to admit Except as otherwise established pursuant to subsection (d), the spouse of a person accepted as a resident of a facility of the Retirement Home may be admitted to that facility if the spouse— (A) is a covered beneficiary within the meaning of section 1072(5) of title 10; (B) is not ineligible to become a resident as provided in subsection (b); and (C) submits an application for admittance in accordance with subsection (c). (2) Treatment as resident A spouse admitted in accordance with para- graph (1) shall be a resident of the Retirement Home consistent with this chapter, except as the Chief Operating Officer may otherwise pro- vide. (Pub. L. 101–510, div. A, title XV, § 1512, Nov. 5, 1990, 104 Stat. 1724; Pub. L. 107–107, div. A, title XIV, §§ 1404(b)(1)(A), 1405(a), 1410(b)(1), Dec. 28, 2001, 115 Stat. 1260, 1261, 1266; Pub. L. 112–81, div. A, title V, §§ 564(b)(1), 567(c)(6), Dec. 31, 2011, 125 Stat. 1424, 1426; Pub. L. 114–328, div. A, title VI, § 618(f), Dec. 23, 2016, 130 Stat. 2160; Pub. L. 115–232, div. A, title XIV, § 1412, Aug. 13, 2018, 132 Stat. 2090; Pub. L. 116–283, div. A, title XIV, § 1412(a), Jan. 1, 2021, 134 Stat. 4030.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (e)(2), was in the original ‘‘this Act’’, and was translated as meaning title XV of Pub. L. 101–510, div. A, Nov. 5, 1990, 104 Stat. 1722, known as the Armed Forces Retirement Home Act of 1991, which is classified principally to this chapter, to reflect the probable intent of Congress. For complete classification of title XV to the Code, see Short Title note set out under section 401 of this title and Tables. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 1412(a)(1), struck out ‘‘active’’ before ‘‘commissioned service’’ in intro- ductory provisions. Subsec. (a)(1). Pub. L. 116–283, § 1412(a)(2), struck out ‘‘are 60 years of age or over and’’ before ‘‘were dis- charged’’. Subsec. (a)(5). Pub. L. 116–283, § 1412(a)(3), added par. (5). 2018—Pub. L. 115–232 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to persons eligible to be residents, persons in- eligible to be residents, acceptance, and priorities for acceptance, respectively. 2016—Subsec. (a)(3)(A). Pub. L. 114–328 inserted ‘‘or 351’’ after ‘‘section 310’’. 2011—Pub. L. 112–81, § 567(c)(6), made technical amend- ment to section catchline. Subsec. (c). Pub. L. 112–81, § 564(b)(1), substituted ‘‘Ad- ministrator’’ for ‘‘Director’’. 2001—Subsecs. (a), (c), (d). Pub. L. 107–107, § 1404(b)(1)(A), substituted ‘‘Chief Operating Officer’’ for ‘‘Retirement Home Board’’ wherever appearing. Subsec. (e). Pub. L. 107–107, § 1405(a), struck out head- ing and text of subsec. (e). Text read as follows: ‘‘A resident of the Retirement Home who leaves the Re- tirement Home for more than 45 consecutive days (other than for inpatient medical care) shall be re- quired to reapply for acceptance as a resident.’’ Subsec. (f). Pub. L. 107–107, § 1410(b)(1), struck out heading and text of subsec. (f). Text read as follows: ‘‘Residents of the Naval Home and the United States Soldiers’ and Airmen’s Home as of the effective date specified in section 1541(a)— ‘‘(1) shall not be required to apply for acceptance as residents of the Retirement Home; and ‘‘(2) shall become residents of the Retirement Home on that date.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective one year after Nov. 5, 1990, see sec- tion 1541(a) of Pub. L. 101–510, formerly set out as a note under section 401 of this title. § 413. Services provided to residents (a) Services provided Except as provided in subsections (b), (c), and (d), a resident of the Retirement Home shall re- ceive the services authorized by the Chief Oper- ating Officer. (b) Medical and dental care The Retirement Home shall provide for the overall health care needs of residents in a high