§ 414. Fees paid by residents

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 § 1514 · 104 Stat. 1485

   Enacted · 24 U.S.C. § 414

   Pub. L. 101–510, div. A, title XV, § 1514, Nov. 5, 1990, 104 Stat. 1725

   Source evidence

   Code source credit
   Pub. L. 101–510, div. A, title XV, § 1514, Nov. 5, 1990, 104 Stat. 1725

   Enacted provision · exact public law section
   SEC. 1514. FEES PAID BY RESIDENTS (a) Monthly Fees.— The Directors shall collect from each resident of the Retirement Home a monthly fee. (b) Deposit of Fees.— The Directors shall deposit fees collected under subsection (a) in the Armed Forces Retirement Home Trust Fund. (c) Fixing Fees.— (1) The Retirement Home Board shall from time to time fix the fee required by subsection (a) on the basis of the financial needs of the Retirement Home and the ability of the residents to pay. (2) The fee shall be fixed as a percentage of Federal payments made to a resident, including monthly retired or retainer pay, monthly civil service annuity, monthly compensation or pension paid to the resident by the Secretary of Veterans Affairs, and Social Security payments. Residents who do not receive such Federal payments shall be required to pay a monthly fee that is equivalent to the average monthly fee paid by residents who receive Federal payments, subject to such adjustments in the fee as the Retirement Home Board may make. The percentage shall be the same for each establishment of the Retirement Home. (d) Application of Fees to Current Residents of the Naval Home and the Soldiers’ and Airmen’s Home.— (1) Each resident of the Naval Home who becomes a resident of the Retirement Home on the effective date specified in section 1541(a) shall begin paying a monthly fee that is equal to 12.5 percent of the Federal payments made to the resident. Each year thereafter, the fee for such resident under this subsection shall be increased 2.5 percent until the percentage fixed under subsection (c) has been reached. Such percentage increase may be adjusted so that the conversion to the fee fixed under subsection (c) is accomplished under this subsection within six years after such effective date. (2) A resident of the United States Soldiers’ and Airmen’s Home who becomes a resident of the Retirement Home on such date and who received Federal payments referred to in subsection (c) that were not considered for purposes of determining the resident’s monthly fee for the United States Soldiers’ and Airmen’s Home shall have that fee increased by an amount that is equal to 12.5 percent of the monthly equivalent of those payments for the first year and 2.5 percent of the monthly equivalent of those payments each year thereafter until the percentage fixed pursuant to subsection (c) has been reached. (e) Application of Fees for New Residents.— A person who becomes a resident of the Retirement Home after the effective date specified in section 1541(a) shall be required to pay a monthly fee that is equal to 25 percent of Federal payments made to the resident, subject to such adjustments in the fee as may be made under subsection (c).

2. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 § 371(b)(1) · 108 Stat. 2663

   Amended · 24 U.S.C. § 414(c)(2)

   Pub. L. 103–337, § 371(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The fee shall be fixed as a percentage of Federal payments made to a resident, including monthly retired or retainer pay, monthly civil service annuity, monthly compensation or pension paid to the resident by the Secretary of Veterans Affairs, and Social Security payments. Residents who do not receive such Federal payments shall be required to pay a monthly fee that is equivalent to the average monthly fee paid by residents who receive Federal payments, subject to such adjustments in the fee as the Retirement Home Board may make. The percentage shall be the same for each establishment of the Retirement Home.”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 103–337, § 371(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The fee shall be fixed as a percentage of Federal payments made to a resident, including monthly retired or retainer pay, monthly civil service annuity, monthly compensation or pension paid to the resident by the Secretary of Veterans Affairs, and Social Security payments. Residents who do not receive such Federal payments shall be required to pay a monthly fee that is equivalent to the average monthly fee paid by residents who receive Federal payments, subject to such adjustments in the fee as the Retirement Home Board may make. The percentage shall be the same for each establishment of the Retirement Home.”

   Enacted provision · exact public law section
   (1) Paragraph (2) of section 1514(c) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 414(c)) is amended to read as follows: “(2) The fee shall be fixed as a percentage of the monthly income and monthly payments (including Federal payments) received by a resident, subject to such adjustments in the fee as the Retirement Home Board may make under paragraph (1). The percentage shall be the same for each establishment of the Retirement Home.”.

   Effective date note
   Pub. L. 103–337, div. A, title III, § 371(d)(2), Oct. 5, 1994, 108 Stat. 2735, provided that: “The amendments made by subsection (b) [amending this section] shall take effect on October 1, 1997.”

3. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 § 371(b)(2) · 108 Stat. 2663

   1. Added · 24 U.S.C. § 414(d)

      Pub. L. 103–337, § 371(b)(2), added subsec. (d)

   2. Struck · 24 U.S.C. § 414(d)

      Pub. L. 103–337, § 371(b)(2), struck out former subsec. (d) which specified fees to be paid by residents of the Naval Home and residents of the United States Soldiers’ and Airmen’s Home who became residents of the Retirement Home on the effective date specified in section 1541(a) of Pub. L. 101–510

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 103–337, § 371(b)(2), added subsec. (d) and struck out former subsec. (d) which specified fees to be paid by residents of the Naval Home and residents of the United States Soldiers’ and Airmen’s Home who became residents of the Retirement Home on the effective date specified in section 1541(a) of Pub. L. 101–510.

   Enacted provision · exact public law section
   (2) (A) Subsections (d) and (e) of section 1514 of such Act are repealed. (B) Such section is further amended by adding after subsection (c) the following new subsection (d): “(d) Application of Fees.— Subject to such adjustments in the fee as the Retirement Home Board may make under subsection (c), each resident of the Retirement Home shall be required to pay a monthly fee equal to the amount determined by multiplying the total amount of all monthly income and monthly payments (including Federal payments) received by the resident by a percentage as follows: “(1) In the case of a permanent health care resident— “(A) in fiscal year 1998, 35 percent; “(B) in fiscal year 1999, 45 percent; and “(C) in fiscal year 2000, 65 percent. “(2) In the case of a resident who is not a permanent health care resident— “(A) in fiscal year 1998, 30 percent; “(B) in fiscal year 1999, 35 percent; and “(C) in fiscal year 2000, 40 percent.”.

   Effective date note
   Pub. L. 103–337, div. A, title III, § 371(d)(2), Oct. 5, 1994, 108 Stat. 2735, provided that: “The amendments made by subsection (b) [amending this section] shall take effect on October 1, 1997.”

4. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 § 371(b)(2)(A) · 108 Stat. 2663

   Struck · 24 U.S.C. § 414(e)

   Pub. L. 103–337, § 371(b)(2)(A), struck out subsec. (e) which read as follows: “A person who becomes a resident of the Retirement Home after the effective date specified in section 1541(a) shall be required to pay a monthly fee that is equal to 25 percent of Federal payments made to the resident, subject to such adjustments in the fee as may be made under subsection (c) of this section.”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 103–337, § 371(b)(2)(A), struck out subsec. (e) which read as follows: “A person who becomes a resident of the Retirement Home after the effective date specified in section 1541(a) shall be required to pay a monthly fee that is equal to 25 percent of Federal payments made to the resident, subject to such adjustments in the fee as may be made under subsection (c) of this section.”

   Enacted provision · exact public law section
   (A) Subsections (d) and (e) of section 1514 of such Act are repealed.

   Effective date note
   Pub. L. 103–337, div. A, title III, § 371(d)(2), Oct. 5, 1994, 108 Stat. 2735, provided that: “The amendments made by subsection (b) [amending this section] shall take effect on October 1, 1997.”

5. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title XIV § 1405(b) · 115 Stat. 1012

   1. Amended · 24 U.S.C. § 414

      Pub. L. 107–107 reenacted section catchline without change and amended text generally

   2. Substituted · 24 U.S.C. § 414

      Pub. L. 107–107 reenacted section catchline without change and substituting present provisions for provisions relating to collection of monthly fees in subsec. (a), deposit of fees in subsec. (b), fixing fees in subsec. (c), and application of fees in subsec. (d)

   Source evidence

   Code amendment note
   Pub. L. 107–107 reenacted section catchline without change and amended text generally, substituting present provisions for provisions relating to collection of monthly fees in subsec. (a), deposit of fees in subsec. (b), fixing fees in subsec. (c), and application of fees in subsec. (d).

   Enacted provision · exact public law section
   (b) Fees Paid by Residents.— Section 1514 (24 U.S.C. 414) is amended to read as follows: “SEC. 1514. FEES PAID BY RESIDENTS. “(a) Monthly Fees.— The Director of each facility of the Retirement Home shall collect a monthly fee from each resident of that facility. “(b) Deposit of Fees.— The Directors shall deposit fees collected under subsection (a) in the Armed Forces Retirement Home Trust Fund. “(c) Fixing Fees.— (1) The Chief Operating Officer, with the approval of the Secretary of Defense, shall from time to time prescribe the fees required by subsection (a). Changes to such fees shall be based on the financial needs of the Retirement Home and the ability of the residents to pay. A change of a fee may not take effect until 120 days after the Secretary of Defense transmits a notification of the change to the Committees on Armed Services of the Senate and the House of Representatives. “(2) The fee shall be fixed as a percentage of the monthly income and monthly payments (including Federal payments) received by a resident. The percentage shall be the same for each facility of the Retirement Home. The Secretary of Defense may make any adjustment in a percentage that the Secretary determines appropriate. “(3) The fee shall be subject to a limitation on maximum monthly amount. The amount of the limitation shall be increased, effective on January 1 of each year, by the percentage of the increase in retired pay and retainer pay that takes effect on the preceding December 1 under subsection (b) of section 1401a of title 10, United States Code, without regard to paragraph (3) of such subsection. The first increase in a limitation on maximum monthly amount shall take effect on January 1, 2003. “(d) Transitional Fee Structures.— (1) Until different fees are prescribed and take effect under subsection (c), the percentages and limitations on maximum monthly amount that are applicable to fees charged residents of the Retirement Home are (subject to any adjustment that the Secretary of Defense determines appropriate) as follows: “(A) For months beginning before January 1, 2002— “(i) for a permanent health care resident, 65 percent (without limitation on maximum monthly amount); and “(ii) for a resident who is not a permanent health care resident, 40 percent (without limitation on maximum monthly amount). “(B) For months beginning after December 31, 2001— “(i) for an independent living resident, 35 percent, but not to exceed $1,000 each month; “(ii) for an assisted living resident, 40 percent, but not to exceed $1,500 each month; and “(iii) for a long-term care resident, 65 percent, but not to exceed $2,500 each month. “(2) Notwithstanding the limitations on maximum monthly amount prescribed under subsection (c) or set forth in paragraph (1)(B), until the earlier of December 31, 2006, or the date on which an independent living resident or assisted living resident of the Armed Forces Retirement Home—Gulfport occupies a renovated room at that facility, as determined by the Secretary of Defense, the limitation on maximum monthly amount applicable to the resident for months beginning after December 31, 2001, shall be— “(A) in the case of an independent living resident, $800; and “(B) in the case of an assisted living resident, $1,300.”.

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. § 414(a)

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

   Source evidence

   Code amendment note
   Subsec. (a). 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. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 § 564(b)(2) · 125 Stat. 1298

   Substituted · 24 U.S.C. § 414(b)

   Pub. L. 112–81, § 564(b)(2), substituted “Administrators” for “Directors”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 112–81, § 564(b)(2), substituted “Administrators” for “Directors”.

   Enacted provision · exact public law section
   (2) References to directors.— Sections 1514(b) and 1520(c) of such Act (24 U.S.C. 414(b), 420(c)) are amended by striking “Directors” and inserting “Administrators”.

8. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 § 565(a) · 125 Stat. 1298

   Struck · 24 U.S.C. § 414(c)(3)

   Pub. L. 112–81, § 565(a), struck out at end “The first increase in a limitation on maximum monthly amount shall take effect on January 1, 2003.”

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 112–81, § 565(a), struck out at end “The first increase in a limitation on maximum monthly amount shall take effect on January 1, 2003.”

   Enacted provision · exact public law section
   (a) Limitation on Maximum Monthly Amount of Fees.— Subsection (c)(3) of section 1514 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 414) is amended by striking the last sentence.

9. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 § 565(b) · 125 Stat. 1298

   Struck · 24 U.S.C. § 414(d)

   Pub. L. 112–81, § 565(b), struck out subsec. (d) which related to transitional fee structures

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 112–81, § 565(b), struck out subsec. (d) which related to transitional fee structures.

   Enacted provision · exact public law section
   (b) Repeal of Former Transitional Fee Structures.— Such section is further amended by striking subsection (d).

10. 2021

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

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

    Amended · 24 U.S.C. § 414(c)(2)

    Pub. L. 116–283, § 1412(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The fee shall be fixed as a percentage of the monthly income and monthly payments (including Federal payments) received by a resident. The percentage shall be the same for each facility of the Retirement Home. The Secretary of Defense may make any adjustment in a percentage that the Secretary determines appropriate.”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 116–283, § 1412(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The fee shall be fixed as a percentage of the monthly income and monthly payments (including Federal payments) received by a resident. The percentage shall be the same for each facility of the Retirement Home. The Secretary of Defense may make any adjustment in a percentage that the Secretary determines appropriate.”

    Enacted provision · exact public law section
    (1) by amending paragraph (2) to read as follows: “(2) (A) The fee shall be fixed as a percentage of the monthly income and monthly payments (including Federal payments) received by a resident. The percentage shall be the same for each facility of the Retirement Home. The Secretary of Defense may make any adjustment in a percentage that the Secretary determines appropriate. “(B) The calculation of monthly income and monthly payments under subparagraph (A) for a resident eligible under section 1512(a)(5) shall not be less than the retirement pay for equivalent active duty service as determined by the Chief Operating Officer, except as the Chief Operating Officer may provide because of the compelling personal circumstances of such resident.” ; and

11. 2021

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

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

    Added · 24 U.S.C. § 414(c)(4)

    Pub. L. 116–283, § 1412(b)(2), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 116–283, § 1412(b)(2), added par. (4).

    Enacted provision · exact public law section
    (2) by adding at the end the following new paragraph: “(4) The Administrator of each facility of the Retirement Home may collect a fee upon admission from a resident accepted under section 1512(a)(5) equal to the deductions then in effect under section 1007(i)(1) of title 37, United States Code, for each year of service computed under chapter 1223 of title 10, United States Code, and shall deposit such fee in the Armed Forces Retirement Home Trust Fund.” .

13 of 13 references resolved to an enrolled provision