§ 412. Residents of Retirement Home

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Armed Forces Retirement Home Act of 1991

   Pub. L. 101–510 div. A title XV § 1512 · 104 Stat. 1485

   Enacted · 24 U.S.C. § 412

   Pub. L. 101–510, div. A, title XV, § 1512, Nov. 5, 1990, 104 Stat. 1724

   Source evidence

   Code source credit
   Pub. L. 101–510, div. A, title XV, § 1512, Nov. 5, 1990, 104 Stat. 1724

   Enacted provision · exact public law section
   SEC. 1512. RESIDENTS OF RETIREMENT HOME (a) Persons Eligible to be Residents.— Except as provided in subsection (b), the following persons who served as members of the Armed Forces, at least one-half of whose service was not active commissioned service (other than as a warrant officer or limited-duty officer), are eligible to become residents of the Retirement Home: (1) Persons who— (A) are 60 years of age or over; and (B) were discharged or released from service in the Armed Forces under honorable conditions after 20 or more years of active service. (2) Persons who are determined under rules prescribed by the Retirement Home Board to be incapable of earning a livelihood because of a service-connected disability incurred in the line of duty in the Armed Forces. (3) Persons who— (A) served in a war theater during a time of war declared by Congress or were eligible for hostile fire special pay under section 310 of title 37, United States Code; (B) were discharged or released from service in the Armed Forces under honorable conditions; and (C) are determined under rules prescribed by the Retirement Home Board to be incapable of earning a livelihood because of injuries, disease, or disability. (4) Persons who— (A) served in a women’s component of the Armed Forces before the enactment of the Women’s Armed Services Integration Act of 1948; and (B) are determined under rules prescribed by the Retirement Home Board to be eligible for admission because of compelling personal circumstances. (b) Persons Ineligible To Be Residents.— A person described in subsection (a) who has been convicted of a felony or is not free of drug, alcohol, or psychiatric problems shall be ineligible to become a resident of the Retirement Home. (c) Acceptance.— To apply for acceptance as a resident of a facility of the Retirement Home, a person eligible to be a resident shall submit to the Director of that facility an application in such form and containing such information as the Retirement Home Board may require. (d) Priorities for Acceptance.— The Retirement Home Board shall establish a system of priorities for the acceptance of residents so that the most deserving applicants will be accepted whenever the number of eligible applicants is greater than the Retirement Home can accommodate. (e) Effect of Departure.— A resident of the Retirement Home who leaves the Retirement Home for more than 45 consecutive days (other than for inpatient medical care) shall be required to reapply for acceptance as a resident. (f) Application of Eligibility Requirements to Current Residents of the Naval Home and the Soldiers’ and Airmen’s Home.— Residents of the Naval Home and the United States Sol-diers’ 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.

2. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 § 1404(b)(1)(A) · 115 Stat. 1012

   Substituted · 24 U.S.C. § 412(a); 24 U.S.C. § 412(c); 24 U.S.C. § 412(d)

   Pub. L. 107–107, § 1404(b)(1)(A), substituted “Chief Operating Officer” for “Retirement Home Board” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a), (c), (d). Pub. L. 107–107, § 1404(b)(1)(A), substituted “Chief Operating Officer” for “Retirement Home Board” wherever appearing.

   Enacted provision · exact public law section
   (A) Section 1512 (24 U.S.C. 412), relating to eligibility and acceptance for residence in the Armed Forces Retirement Home.

3. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 § 1405(a) · 115 Stat. 1012

   Struck · 24 U.S.C. § 412(e)

   Pub. L. 107–107, § 1405(a), struck out heading and text of subsec. (e). Text read as follows: “A resident of the Retirement Home who leaves the Retirement Home for more than 45 consecutive days (other than for inpatient medical care) shall be required to reapply for acceptance as a resident.”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 107–107, § 1405(a), struck out heading and text of subsec. (e). Text read as follows: “A resident of the Retirement Home who leaves the Retirement Home for more than 45 consecutive days (other than for inpatient medical care) shall be required to reapply for acceptance as a resident.”

   Enacted provision · exact public law section
   (a) Repeal of Requirement of Resident To Reapply After Substantial Absence.— Subsection (e) of section 1512 (24 U.S.C. 412) is repealed.

4. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 § 1410(b)(1) · 115 Stat. 1012

   Struck · 24 U.S.C. § 412(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)—

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (1) Section 1512(f) (24 U.S.C. 412(f)), relating to the applicability of certain eligibility requirements.

5. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 § 567(c)(6) · 125 Stat. 1298

   Changed · 24 U.S.C. § 412

   Pub. L. 112–81, § 567(c)(6), made technical amendment to section catchline

   Source evidence

   Code amendment note
   Pub. L. 112–81, § 567(c)(6), made technical amendment to section catchline.

   Enacted provision · exact public law section
   (6) Punctuation.— The headings of sections 1512 and 1520 of such Act (24 U.S.C. 412, 420) are amended by adding a period at the end.

6. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 § 564(b)(1) · 125 Stat. 1298

   Substituted · 24 U.S.C. § 412(c)

   Pub. L. 112–81, § 564(b)(1), substituted “Administrator” for “Director”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 112–81, § 564(b)(1), substituted “Administrator” for “Director”.

   Enacted provision · exact public law section
   (1) References to director.— Sections 1511(d)(2), 1512(c), 1514(a), 1518(b)(4), 1518(c), 1518(d)(2), 1520, 1522, and 1523(b) of such 24 USC 411, 412, 414, 418, 420, 422, 423. Act are amended by striking “Director” each place it appears and inserting “Administrator”.

7. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 div. A title VI § 618(f) · 130 Stat. 2000

   Inserted · 24 U.S.C. § 412(a)(3)(A)

   Pub. L. 114–328 inserted “or 351” after “section 310”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(A). Pub. L. 114–328 inserted “or 351” after “section 310”.

   Enacted provision · exact public law section
   (f) Armed Forces Retirement Home.— Section 1512(a)(3)(A) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 412(a)(3)(A)) is amended by inserting “or 351” after “section 310”.

8. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title XIV § 1412 · 132 Stat. 1636

   Amended · 24 U.S.C. § 412

   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 ineligible to be residents, acceptance, and priorities for acceptance, respectively

   Source evidence

   Code amendment note
   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 ineligible to be residents, acceptance, and priorities for acceptance, respectively.

   Enacted provision · exact public law section
   SEC. 1412. EXPANSION OF ELIGIBILITY FOR RESIDENCE AT THE ARMED FORCES RETIREMENT HOME.   Section 1512 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 412) is amended to read as follows: “SEC. 1512. RESIDENTS OF RETIREMENT HOME. “(a) Persons Eligible To Be Residents.— Except as provided in subsection (b), the following persons who served as members of the Armed Forces, at least one-half of whose service was not active commissioned service (other than as a warrant officer or limited-duty officer), are eligible to become residents of the Retirement Home: “(1) Persons who are 60 years of age or over and 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 during a time of war declared by Congress or were eligible for hostile fire special pay under section 310 or 351 of title 37, United States Code, and who are determined under rules prescribed by the Chief Operating Officer to be suffering from injuries, disease, or disability. “(4) Persons who served in a women’s component 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 circumstances. “(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 honorable conditions. “(2) A person with substance abuse or mental health problems, except upon a judgment and satisfactory determination by the Chief Operating Officer that— “(A) the person has been evaluated by a qualified health professional selected by the Retirement Home; “(B) the Retirement Home can accommodate the person’s condition; and “(C) the person agrees to such conditions of residency as the Retirement Home may require. “(c) Acceptance.— To apply for acceptance as a resident of a facility of the Retirement Home, a person eligible to be a resident shall submit to the Administrator 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 residents so that the most deserving applicants will be accepted whenever the number of eligible applicants 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, United States Code; “(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 paragraph (1) shall be a resident of the Retirement Home consistent with this Act, except as the Chief Operating Officer may otherwise provide.” .

9. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1412(a)(1) · 134 Stat. 3388

   Struck · 24 U.S.C. § 412(a)

   Pub. L. 116–283, § 1412(a)(1), struck out “active” before “commissioned service” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 116–283, § 1412(a)(1), struck out “active” before “commissioned service” in introductory provisions.

   Enacted provision · exact public law section
   (1) in the matter preceding paragraph (1), by striking “active” in the first sentence;

10. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1412(a)(2) · 134 Stat. 3388

    Struck · 24 U.S.C. § 412(a)(1)

    Pub. L. 116–283, § 1412(a)(2), struck out “are 60 years of age or over and” before “were discharged”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 116–283, § 1412(a)(2), struck out “are 60 years of age or over and” before “were discharged”.

    Enacted provision · exact public law section
    (2) in paragraph (1), by striking “are 60 years of age or over and”; and

11. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1412(a)(3) · 134 Stat. 3388

    Added · 24 U.S.C. § 412(a)(5)

    Pub. L. 116–283, § 1412(a)(3), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 116–283, § 1412(a)(3), added par. (5).

    Enacted provision · exact public law section
    (3) by adding the following new paragraph: “(5) Persons who are eligible for retired pay under chapter 1223 of title 10, United States Code, and are— “(A) eligible for care under section 1710 of title 38, United States Code; “(B) enrolled in coverage under chapter 55 of title 10, United States Code; or “(C) enrolled in a qualified health plan (as defined in section 1301(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18021(a))) that is acceptable to the Chief Operating Officer.” .

11 of 11 references resolved to an enrolled provision