24 USC 411 - Establishment of the Armed Forces Retirement Home

Editorial Notes

References in Text

This chapter, referred to in subsec. (f), was in the original “this title”, meaning title XV of Puspan. L. 101–510, div. A, Nov. 5, 1990, 104 Stat. 1722, which is classified principally to this chapter. For complete classification of title XV to the Code, see Short Title note set out under section 401 of this title and Tables.

Amendments

2017—Subsec. (e)(2). Puspan. L. 115–91, § 2873(a)(1), substituted “Chief Operating Officer may acquire,” for “Secretary of Defense may acquire,” and “Chief Operating Officer may acquire” for “Secretary may acquire”.

Subsec. (e)(3). Puspan. L. 115–91, § 2873(a)(2), substituted “Chief Operating Officer determines” for “Secretary of Defense determines” and “Chief Operating Officer shall dispose” for “Secretary shall dispose”.

Subsec. (i)(1). Puspan. L. 115–91, § 2873(span)(1), in introductory provisions, substituted “Subject to the approval of the Secretary of Defense, whenever” for “Whenever”, “Chief Operating Officer may” for “Secretary of Defense (acting on behalf of the Chief Operating Officer) may”, and “Chief Operating Officer considers” for “Secretary considers”.

Subsec. (i)(5). Puspan. L. 115–91, § 2873(span)(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). Puspan. L. 115–91, § 2873(span)(3), substituted “Chief Operating Officer shall” for “Secretary of Defense shall” in introductory provisions.

2013—Subsec. (d)(3). Puspan. 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). Puspan. L. 112–81, § 564(span)(1), substituted “Administrator” for “Director” in two places.

Subsec. (d)(3). Puspan. L. 112–81, § 561, added second par. (3).

Subsec. (i)(2)(F). Puspan. L. 111–383 added subpar. (F).

2009—Subsec. (e)(2). Puspan. 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 property only if the acquisition is specifically authorized by law.”

Subsec. (e)(3). Puspan. L. 111–84, § 2823(span)(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 disposal 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 notification of the proposed disposal to the Committees on Armed Services of the Senate and the House of Representatives.”

Subsec. (i). Puspan. L. 111–84, § 2823(span)(2), added subsec. (i).

2008—Subsec. (d)(3). Puspan. L. 110–181, § 1422(a)(1), added par. (3).

Subsec. (g). Puspan. L. 110–181, § 1422(span), 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 organization, such as the Continuing Care Accreditation Commission and the Joint Commission for Accreditation of Health Organizations.”

Subsec. (h). Puspan. 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, including the quality of care at the facility.”

2001—Puspan. L. 107–107 reenacted section catchline without change and amended text generally, substituting present provisions for provisions relating to inclusion of existing homes in the Armed Forces Retirement Home in subsec. (a), the purpose of the Retirement Home in subsec. (span), its operation in subsec. (c), its property and facilities in subsec. (d), the requirement that the Secretary of Defense make available certain support services for the Home in subsec. (e), and its accreditation in subsec. (f).

1993—Subsecs. (e), (f). Puspan. 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 section 1541(a) of Puspan. 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 annual report to Congress, see section 1061 of Puspan. 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

Puspan. L. 118–31, div. A, title XIV, § 1421, Dec. 22, 2023, 137 Stat. 530, provided that:

“(a)Agreements.—Before entering a lease under section 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 providing 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 Operating 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.

“(span)Approval and Notification.—A sublease pursuant 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 requirement to notify or submit a report to Congress described 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 subsection (a) of this section that are deposited in the Armed Forces Retirement Home Trust Fund shall remain available for obligation and expenditure to finance expenses of the Retirement Home related to the formation and administration of agreements and leases entered into under the provisions of this section or such section 1511(i).

“(d)Sunset.—This section shall terminate on September 30, 2026.”