2016 US Code
Title 24 - Hospitals and Asylums
Chapter 10 - Armed Forces Retirement Home
Subchapter I - Establishment and Operation of Retirement Home
Sec. 412 - Residents of Retirement Home

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Citation 24 U.S.C. § 412 (2016)
Section Name §412. Residents of Retirement Home
Section Text (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 Chief Operating Officer 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 or 351 of title 37;

(B) were discharged or released from service in the Armed Forces under honorable conditions; and

(C) are determined under rules prescribed by the Chief Operating Officer 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 June 12, 1948; and

(B) 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

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 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.

Source Credit

(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.)

Editorial Notes AMENDMENTS

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 amendment to section catchline.

Subsec. (c). Pub. L. 112–81, §564(b)(1), substituted "Administrator" 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 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."

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."

EFFECTIVE DATE

Section effective one year after Nov. 5, 1990, see section 1541(a) of Pub. L. 101–510, formerly set out as a note under section 401 of this title.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 24 - HOSPITALS AND ASYLUMS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 24 - HOSPITALS AND ASYLUMS
CHAPTER 10 - ARMED FORCES RETIREMENT HOME
SUBCHAPTER I - ESTABLISHMENT AND OPERATION OF RETIREMENT HOME
Sec. 412 - Residents of Retirement Home
Contains section 412
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law No
Disposition standard
Statutes at Large References 104 Stat. 1724
115 Stat. 1260
125 Stat. 1424
130 Stat. 2160
Public Law References Public Law 101-510, Public Law 107-107, Public Law 112-81, Public Law 114-328
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