§ 412. — Residents of Retirement Home.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 24USC412]
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
(a) Persons eligible to be residents
Except as provided in subsection (b) of this section, 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 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) of this section 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 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.
(Pub. L. 101-510, div. A, title XV, Sec. 1512, Nov. 5, 1990, 104 Stat.
1724; Pub. L. 107-107, div. A, title XIV, Secs. 1404(b)(1)(A), 1405(a),
1410(b)(1), Dec. 28, 2001, 115 Stat. 1260, 1261, 1266.)
Amendments
2001--Subsecs. (a), (c), (d). Pub. L. 107-107, Sec. 1404(b)(1)(A),
substituted ``Chief Operating Officer'' for ``Retirement Home Board''
wherever appearing.
Subsec. (e). Pub. L. 107-107, Sec. 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, Sec. 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.
