24 U.S.C. § 411

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 411 - Establishment of the Armed Forces Retirement Home

(a) Independent establishment

The Armed Forces Retirement Home is an independent establishment in the executive branch.

(b) Purpose

The purpose of the Retirement Home is to provide, through the Armed Forces Retirement Home-Washington and the Armed Forces Retirement Home-Gulfport, residences and related services for certain retired and former members of the Armed Forces.

(c) Facilities

(1) Each facility of the Retirement Home referred to in paragraph (2) is a separate establishment of the Retirement Home.

(2) The United States Soldiers' and Airmen's Home is hereby redesignated as the Armed Forces Retirement Home-Washington. The Naval Home is hereby redesignated as the Armed Forces Retirement Home-Gulfport.

(d) Operation

(1) The Chief Operating Officer of the Armed Forces Retirement Home is the head of the Retirement Home. The Chief Operating Officer is subject to the authority, direction, and control of the Secretary of Defense.

(2) Each facility of the Retirement Home shall be maintained as a separate establishment of the Retirement Home for administrative purposes and shall be under the authority, direction, and control of the Administrator of that facility. The Administrator of each facility of the Retirement Home is subject to the authority, direction, and control of the Chief Operating Officer.

(3) The administration of the Retirement Home, including administration for the provision of health care and medical care for residents, shall remain under the control and administration of the Secretary of Defense.

(e) Property and facilities

(1) The Retirement Home shall include such property and facilities as may be acquired under paragraph (2) or accepted under section 415(f) of this title for inclusion in the Retirement Home.

(2) The Chief Operating Officer may acquire, for the benefit of the Retirement Home, property and facilities for inclusion in the Retirement Home. If the purchase price to acquire fee title to real property for inclusion in the Retirement Home is more than $750,000, the Chief Operating Officer may acquire the real property only if the acquisition is specifically authorized by law.

(3) If the Chief Operating Officer determines that any property of the Retirement Home is excess to the needs of the Retirement Home, the Chief Operating Officer shall dispose of the property in accordance with subchapter III of chapter 5 of title 40 (40 U.S.C. 541 et seq.). The proceeds from the disposal of property under this paragraph shall be deposited in the Armed Forces Retirement Home Trust Fund.

(f) Department of Defense support

The Secretary of Defense may make available from the Department of Defense to the Retirement Home, on a nonreimbursable basis, administrative support and office services, legal and policy planning assistance, access to investigative facilities of the Inspector General of the Department of Defense and of the military departments, and any other support necessary to enable the Retirement Home to carry out its functions under this chapter.

(g) Accreditation

The Chief Operating Officer shall secure and maintain accreditation by a nationally recognized civilian accrediting organization for each aspect of each facility of the Retirement Home, including medical and dental care, pharmacy, independent living, and assisted living and nursing care.

(h) Annual report

The Secretary of Defense shall transmit to Congress an annual report on the financial and other affairs of the Retirement Home for each fiscal year. 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.

(i) Authority to lease non-excess property

(1) Subject to the approval of the Secretary of Defense, whenever the Chief Operating Officer of the Armed Forces Retirement Home considers it advantageous to the Retirement Home, the Chief Operating Officer may lease to such lessee and upon such terms as the Chief Operating Officer considers will promote the purpose and financial stability of the Retirement Home or be in the public interest, real or personal property that is-

(A) under the control of the Retirement Home; and

(B) not excess property (as defined by section 102 of title 40) subject to disposal under subsection (e)(3).

(2) A lease under this subsection-

(A) may not be for more than five years, unless the Chief Operating Officer determines that a lease for a longer period will promote the purpose and financial stability of the Retirement Home or be in the public interest;

(B) may give the lessee the first right to buy the property if the lease is revoked to allow the United States to sell the property under any other provision of law;

(C) shall permit the Chief Operating Officer to revoke the lease at any time, unless the Chief Operating Officer determines that the omission of such a provision will promote the purpose and financial stability of the Retirement Home or be in the public interest;

(D) shall provide for the payment (in cash or in kind) by the lessee of consideration in an amount that is not less than the fair market value of the lease interest, as determined by the Chief Operating Officer;

(E) may provide, notwithstanding section 1302 of title 40 or any other provision of law, for the alteration, repair, or improvement, by the lessee, of the property leased as the payment of part or all of the consideration for the lease; and

(F) may not provide for a leaseback by the Retirement Home with an annual payment in excess of $100,000, or otherwise commit the Retirement Home or the Department of Defense to annual payments in excess of such amount.

(3) In addition to any in-kind consideration accepted under subparagraph (D) or (E) of paragraph (2), in-kind consideration accepted with respect to a lease under this subsection may include the following:

(A) Maintenance, protection, alteration, repair, improvement, or restoration (including environmental restoration) of property or facilities of the Retirement Home.

(B) Construction of new facilities for the Retirement Home.

(C) Provision of facilities for use by the Retirement Home.

(D) Facilities operation support for the Retirement Home.

(E) Provision of such other services relating to activities that will occur on the leased property as the Chief Operating Officer considers appropriate.

(4) In-kind consideration under paragraph (3) may be accepted at any property or facilities of the Retirement Home that are selected for that purpose by the Chief Operating Officer.

(5) In the case of a lease for which all or part of the consideration proposed to be accepted under this subsection is in-kind consideration with a value in excess of $500,000, the Chief Operating Officer may not enter into the lease until at least 30 days after the date on which a report on the facts of the lease is submitted to Congress. This paragraph does not apply to a lease covered by paragraph (6).

(6)

(A) If a proposed lease under this subsection involves only personal property, the lease term exceeds one year, or the fair market value of the lease interest exceeds $100,000, as determined by the Chief Operating Officer, the Chief Operating Officer shall use competitive procedures to select the lessee unless the Chief Operating Officer determines that-

(i) a public interest will be served as a result of the lease; and

(ii) the use of competitive procedures for the selection of certain lessees is unobtainable or not compatible with the public benefit served under clause (i).

(B) Not later than 45 days before entering into a lease described in subparagraph (A), the Chief Operating Officer shall submit to Congress written notice describing the terms of the proposed lease and-

(i) the competitive procedures used to select the lessee; or

(ii) in the case of a lease involving the public benefit exception authorized by subparagraph (A)(ii), a description of the public benefit to be served by the lease.

(7) The proceeds from the lease of property under this subsection shall be deposited in the Armed Forces Retirement Home Trust Fund.

(8) The interest of a lessee of property leased under this subsection may be taxed by State or local governments. A lease under this subsection shall provide that, if and to the extent that the leased property is later made taxable by State or local governments under an Act of Congress, the lease shall be renegotiated.

24 U.S.C. § 411

Pub. L. 101-510, div. A, title XV, §15111511,, 104 Stat. 1723; Pub. L. 103-160, div. A, title III, §366(a), Nov. 30, 1993, 107 Stat. 1630; Pub. L. 107-107, div. A, title XIV, §14031403,, 115 Stat. 1258; Pub. L. 110-181, div. A, title XIV, §1422(a), (b), Jan. 28, 2008, 122 Stat. 420; Pub. L. 111-84, div. B, title XXVIII, §28232823,, 123 Stat. 2666; Pub. L. 111-383, div. B, title XXVIII, §2813(b), Jan. 7, 2011, 124 Stat. 4463; Pub. L. 112-81, div. A, title V, §§561, Dec. 31, 2011, 564, Dec. 31, 2011, 125 Stat. 1420, 1424; Pub. L. 112-239, div. A, title X, §1076(j), Jan. 2, 2013, 126 Stat. 1955; Pub. L. 115-91, div. B, title XXVIII, §28732873,, 131 Stat. 1870.

EDITORIAL NOTES

REFERENCES IN TEXTThis chapter, referred to in subsec. (f), was in the original "this title", meaning title XV of Pub. L. 101-510, 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.

AMENDMENTS2017-Subsec. (e)(2). Pub. 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). Pub. 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). Pub. L. 115-91, §2873(b)(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). Pub. L. 115-91, §2873(b)(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). Pub. L. 115-91, §2873(b)(3), substituted "Chief Operating Officer shall" for "Secretary of Defense shall" in introductory provisions.2013-Subsec. (d)(3). Pub. 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). Pub. L. 112-81, §564(b)(1), substituted "Administrator" for "Director" in two places.Subsec. (d)(3). Pub. L. 112-81, §561, added second par. (3).Subsec. (i)(2)(F). Pub. L. 111-383 added subpar. (F).2009-Subsec. (e)(2). Pub. 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). Pub. L. 111-84, §2823(b)(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). Pub. L. 111-84, §2823(b)(2), added subsec. (i).2008-Subsec. (d)(3). Pub. L. 110-181, §1422(a)(1), added par. (3).Subsec. (g). Pub. L. 110-181, §1422(b), 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). Pub. 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- Pub. L. 107-107reenacted 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. (b), 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). Pub. L. 103-160 added subsec. (e) and redesignated former subsec. (e) as (f).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection 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.

TERMINATION OF REPORTING REQUIREMENTSFor termination, effective Dec. 31, 2021, of provisions in subsec. (h) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. 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 Pub. L. 118-31, div. A, title XIV, §14211421,, 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."(b) 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."

Retirement Home

The term "Retirement Home" includes the institutions established under section 411 of this title, as follows:(A) The Armed Forces Retirement Home-Washington.(B) The Armed Forces Retirement Home-Gulfport.

Armed Forces Retirement Home Trust Fund

The terms "Armed Forces Retirement Home Trust Fund" and "Fund" mean the Armed Forces Retirement Home Trust Fund established under section 419(a) of this title.

Fund

The terms "Armed Forces Retirement Home Trust Fund" and "Fund" mean the Armed Forces Retirement Home Trust Fund established under section 419(a) of this title.