Title 24 — Hospitals and Asylums

Chapter 1. Navy Hospitals, Naval Home, Army and Navy Hospital, and Hospital Relief for Seamen and Others

§§1, 2 · Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

§§3 to 5 · Repealed. June 15, 1943, ch. 125, §3, 57 Stat. 153, eff. July 1, 1943

§6 · Pension paid to fund for benefit of naval hospital

Whenever any officer, seaman, or marine entitled to a pension is admitted to a naval hospital, his pension, while he remains there, shall be deducted from his accounts and paid to the Secretary of the Navy for the benefit of the fund from which such hospital is maintained.

R.S. §4813; May 4, 1898, ch. 234, 30 Stat. 377; Mar. 3, 1899, ch. 421, 30 Stat. 1027; June 30, 1914, ch. 130, 38 Stat. 398.

§6a · Disposition of amounts deducted from pensions

Pensions of inmates of a naval hospital, required by law prior to July 1, 1943, to be deducted from the account of the pensioner and applied for the benefit of the fund from which such home or 

June 15, 1943, ch. 125, §3, 57 Stat. 153; Pub. L. 101–510, div. A, title XV, §1533(c)(2), Nov. 5, 1990, 104 Stat. 1736.

§§7 to 12 · Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

§13 · Admission of cases for study

There may be admitted into marine hospitals for study persons with infectious or other diseases affecting the public health, and not to exceed ten cases in any one hospital at one time.

June 5, 1920, ch. 235, §1, 41 Stat. 884.

§14 · Establishment of Navy hospitals

The Secretary of the Navy shall procure at suitable places proper sites for Navy hospitals, and if the necessary buildings are not procured with the site, shall cause such to be erected, having due regard to economy, and giving preference to such plans as with most convenience and least cost will admit of subsequent additions, when the funds permit and circumstances require; and shall provide, at one of the establishments, a permanent asylum for disabled and decrepit Navy officers, seamen, and marines: Provided, That no sites shall be procured or hospital buildings erected or extensions to existing hospitals made unless authorized by Congress.

R.S. §4810; Mar. 4, 1913, ch. 148, 37 Stat. 902.

§14a · Annual appropriations for maintenance, operation, and improvement of naval hospitals

Commencing with the fiscal year 1944, annual appropriations in such amounts as may be necessary are authorized from the general fund of the Treasury for the maintenance, operation, and improvement of naval hospitals.

June 15, 1943, ch. 125, §1(c), 57 Stat. 152.

§15 · Superintendence of Navy hospitals

The Secretary of the Navy shall have the general charge and superintendence of Navy hospitals.

R.S. §4807.

§16 · Allowance of rations to Navy hospitals

For every Navy officer, seaman, or marine admitted into a Navy hospital, the institution shall be allowed one ration per day during his continuance therein, to be deducted from the account of the United States with such officer, seaman, or marine.

R.S. §4812.

§16a · Additional personnel for patients of Department of Veterans Affairs in naval hospitals

On and after May 29, 1945, additional commissioned, warranted, appointed, enlisted, and civilian personnel of the Medical Department of the Navy, required for the care of patients of the Department of Veterans Affairs in naval hospitals, may be employed in addition to the numbers annually appropriated for.

May 29, 1945, ch. 130, §1, 59 Stat. 208; Pub. L. 102–54, §13(i)(1), June 13, 1991, 105 Stat. 276.

§17 · Government of Naval Asylum

The asylum for disabled and decrepit Navy officers, seamen, and marines shall be governed in accordance with the rules and regulations prescribed by the Secretary of the Navy.

R.S. §4811.

§18 · Rules and regulations for Army and Navy Hospital

The Army and Navy General Hospital at Hot Springs, Arkansas, shall be subject to such rules, regulations, and restrictions as shall be provided by the President of the United States and shall remain under the jurisdiction and control of the Department of the Army.

June 30, 1882, ch. 254, §1, 22 Stat. 121; June 18, 1930, ch. 525, §2, 46 Stat. 781; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.

§19 · Tubercular hospital at Fort Bayard

The hospital at Fort Bayard, New Mexico, for the treatment of tuberculosis, shall be opened to the treatment of the officers and men of the Navy and Marine Corps.

Mar. 2, 1907, ch. 2511, 34 Stat. 1172.

§20 · Discipline of patients at Army and Navy Hospital

All persons admitted to treatment in the Army and Navy General Hospital at Hot Springs, Arkansas, shall, while patients in said hospital, be subject to the rules and articles for the government of the armies of the United States.

Mar. 3, 1909, ch. 252, 35 Stat. 748.

§21 · Repealed. June 12, 1948, ch. 450, §4, 62 Stat. 380

§§21a to 25 · Repealed. Pub. L. 101–510, div. A, title XV, §1532(a), Nov. 5, 1990, 104 Stat. 1732

§§26 to 28 · Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

§§29, 29a · Repealed. Oct. 31, 1951, ch. 654, §1(45), 65 Stat. 703

§30 · Payments to donors of blood for persons undergoing treatment at Government expense

Any person, whether or not in the employ of the United States, who shall furnish blood from his or her veins for transfusion into the veins of a person entitled to and undergoing treatment at Government expense, whether in a Federal hospital or institution or in a civilian hospital or institution, or who shall furnish blood for blood banks or for other scientific and research purposes in connection with the care of any person entitled to treatment at Government expense, shall be entitled to be paid therefor such reasonable sum, not to exceed $50, for each blood withdrawal as may be determined by the head of the department or independent agency concerned, from public funds available to such department or independent agency for medical and hospital supplies: Provided, That no payment shall be made under this authority to any person for blood withdrawn for the benefit of the person from whom it is withdrawn.

Feb. 9, 1927, ch. 91, 44 Stat. 1066; June 2, 1939, ch. 173, 53 Stat. 803; July 30, 1941, ch. 332, 55 Stat. 609.

§31 · Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

§§32, 33 · Repealed. June 7, 1956, ch. 374, §306(2), 70 Stat. 254

§34 · Hospitalization of persons outside continental limits of United States; persons entitled; availability of other facilities; rate of charges; disposition of payments

In addition to those persons, including the dependents of naval and Marine Corps personnel, now authorized to receive hospitalization at naval hospitals, hospitalization and dispensary service may be provided at naval hospitals and dispensaries outside of the continental limits of the United States and in Alaska, to the officers and employees of any department or agency of the Federal Government, to employees of a contractor with the United States or his subcontractor, to the dependents of such persons, and in emergencies to such other persons as the Secretary of the Navy may prescribe: Provided, That such hospitalization and dispensary service to other than the dependents of naval and Marine Corps personnel shall be permitted only where facilities are not otherwise available in reasonably accessible and appropriate non-Federal hospitals. The charge for hospitalization or dispensary service for persons other than dependents of naval and Marine Corps personnel as specified in this section shall be at such rates as the President shall from time to time prescribe, and shall be deposited as provided in section 32 

May 10, 1943, ch. 95, §4, 57 Stat. 81.

§35 · Limitation of medical, surgical or hospital services

Hospitalization of the dependents of naval and Marine Corps personnel and of the persons outside the naval service mentioned in section 34 of this title shall be furnished only for acute medical and surgical conditions, exclusive of nervous, mental, or contagious diseases or those requiring domiciliary care. Routine dental care, other than dental prosthesis and orthodontia, may be furnished to such persons who are outside the naval service under the same conditions as are prescribed in section 34 of this title for hospital and dispensary care for such persons.

May 10, 1943, ch. 95, §5, 57 Stat. 81; Pub. L. 99–251, title III, §304, Feb. 27, 1986, 100 Stat. 26.

§36 · Repealed. June 7, 1956, ch. 374, §306(2), 70 Stat. 254

§37 · Manufacture of products by patients at naval hospitals; ownership of products

The Secretary of the Navy is authorized to furnish materials for the manufacture or production by patients of products incident to the convalescence and rehabilitation of such patients in naval hospitals and other naval medical facilities, and ownership thereof shall be vested in the patients manufacturing or producing such products, except that the ownership of items manufactured or produced specifically for the use of a naval hospital or other naval medical facility shall be vested in the Government and such items shall be accounted for and disposed of accordingly.

Aug. 2, 1946, ch. 756, §27, 60 Stat. 856.

Chapter 2. Soldiers’ and Airmen's Home

§§41 to 43 · Repealed. Pub. L. 101–510, div. A, title XV, §1532(b)(1)–(3), Nov. 5, 1990, 104 Stat. 1733

§44 · Repealed. Pub. L. 101–189, div. A, title III, §347(1), Nov. 29, 1989, 103 Stat. 1422

§44a · Repealed. Pub. L. 94–454, §2(b), Oct. 2, 1976, 90 Stat. 1518

§44b · Repealed. Pub. L. 101–510, div. A, title XV, §1532(b)(4), Nov. 5, 1990, 104 Stat. 1733

§44c · Repealed. Pub. L. 101–189, div. A, title III, §347(4), Nov. 29, 1989, 103 Stat. 1422

§§45 to 46b · Repealed. Pub. L. 101–510, div. A, title XV, §1532(b)(1), (2), (5), (6), Nov. 5, 1990, 104 Stat. 1733

§47 · Repealed. Pub. L. 101–189, div. A, title III, §347(3), Nov. 29, 1989, 103 Stat. 1422

§§48 to 50 · Repealed. Pub. L. 101–510, div. A, title XV, §1532(b)(1), (2), Nov. 5, 1990, 104 Stat. 1733

§§51 to 53 · Repealed. Pub. L. 101–189, div. A, title III, §347(1), (2), Nov. 29, 1989, 103 Stat. 1422

§54 · Repealed. Pub. L. 101–510, div. A, title XV, §1532(b)(1), Nov. 5, 1990, 104 Stat. 1733

§§55 to 57 · Repealed. Pub. L. 101–189, div. A, title III, §347(2), Nov. 29, 1989, 103 Stat. 1422

§58 · Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

§59 · Repealed. Pub. L. 101–510, div. A, title XV, §1532(b)(2), Nov. 5, 1990, 104 Stat. 1733

§60 · Repealed. Pub. L. 101–189, div. A, title III, §347(2), Nov. 29, 1989, 103 Stat. 1422

Chapter 3. National Home for Disabled Volunteer Soldiers

Subchapter I—Establishment and Management

§§71 to 77a · Repealed. Pub. L. 85–857, §14(1), (6), (9), (16), (35), (59), Sept. 2, 1958, 72 Stat. 1268, 1269, 1271, 1272

§78 · Repealed. Pub. L. 85–56, title XXII, §2202(58), June 17, 1957, 71 Stat. 164

§79 · Omitted

§§80 to 82 · Repealed. Pub. L. 85–857, §14(3), (18), (19), Sept. 2, 1958, 72 Stat. 1268, 1270

§83 · Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

§84 · Repealed. Pub. L. 85–857, §14(16), Sept. 2, 1958, 72 Stat. 1269

Subchapter II—Officers and Employees

§91 · Repealed. Pub. L. 85–857, §14(1), Sept. 2, 1958, 72 Stat. 1268

§92 · Repealed. Pub. L. 85–56, title XXII, §2202(66), June 17, 1957, 71 Stat. 162

§§93 to 96 · Repealed. Pub. L. 85–857, §14(16), (23), (25), Sept. 2, 1958, 72 Stat. 1269, 1270

§97 · Omitted

Subchapter III—Funds and Accounts

§§111 to 123 · Repealed. Pub. L. 85–857, §14(1), (2), (7), (9), (14)–(16), (22), (25), (27), (34), (46), Sept. 2, 1958, 72 Stat. 1268–1271

Subchapter IV—Beneficiaries and Pensions

§131 · Repealed. Pub. L. 85–857, §14(49), Sept. 2, 1958, 72 Stat. 1271

§§131a, 131b · Omitted

§132 · Repealed. Pub. L. 85–56, title XXII, §2202(100), June 17, 1957, 71 Stat. 166

§§133 to 135 · Repealed. Pub. L. 85–857, §14(1), (10), (12), (50), (52), (64), Sept. 2, 1958, 72 Stat. 1268, 1269, 1271, 1272

§136 · Repealed. Pub. L. 85–56, title XXII, §2202(1), (85), June 17, 1957, 71 Stat. 162, 165

§137 · Repealed. July 3, 1930, ch. 863, §7, 46 Stat. 1018

§§138, 139 · Repealed. Pub. L. 85–857, §14(4), (5), (26), Sept. 2, 1958, 72 Stat. 1269, 1270

Subchapter V—Battle Mountain Sanitarium Reserve

§151 · Battle Mountain Sanitarium Reserve; establishment; rights to lands, not affected

There are reserved from settlement, entry, sale, or other disposal all those certain tracts, pieces, or parcels of land lying and being situated in the State of South Dakota and within the boundaries particularly described as follows: Beginning at the southwest corner of section 18, township 7 south, range 6 east, Black Hills meridian; thence east to the southeast corner of said section 18; thence south to the southwest corner of the northwest quarter of section 20; thence east to the southeast corner of the northeast quarter of section 21; thence north to the northeast corner of the southeast quarter of section 9; thence west to the center of section 7; thence south to the southwest corner of the southeast quarter of section 7; thence west to the northwest corner of section 18; thence south to the place of beginning, all in township 7 south, range 6 east, Black Hills meridian, in Fall River County, South Dakota: Provided, That nothing herein contained shall be construed to affect any valid rights acquired in connection with any of the lands embraced within the limits of said reserve.

Mar. 22, 1906, ch. 1127, §1, 34 Stat. 83.

§152 · Name; control, rules and regulations

Said reserve shall be known as the Battle Mountain Sanitarium Reserve, and shall be under the exclusive control of the Secretary of Veterans Affairs in connection with the Battle Mountain Sanitarium at Hot Springs, South Dakota, whose duty it shall be to prescribe such rules and regulations and establish such service as the Secretary may consider necessary for the care and management of the same.

Mar. 22, 1906, ch. 1127, §2, 34 Stat. 83; Pub. L. 102–54, §13(i)(2), June 13, 1991, 105 Stat. 276.

§153 · Perfecting bona fide claims to lands; exchange of private lands

In all cases of unperfected bona fide claims lying within the said boundaries of said reserve, which claims have been properly initiated prior to September 2, 1902, said claims may be perfected upon compliance with the requirements of the laws respecting settlement, residence, improvements, and so forth, in the same manner in all respects as claims are perfected to other Government lands: Provided, That to the extent that the lands within said reserve are held in private ownership the Secretary of the Interior is authorized in his discretion to exchange therefor public lands of like area and value, which are surveyed, vacant, unappropriated, not mineral, not timbered, and not required for reservoir sites or other public uses or purposes. The private owners must, at their expense and by appropriate instruments of conveyance, surrender to the Government a full and unencumbered right and title to the private lands included in any exchange before patents are issued for or any rights attached to the public lands included therein, and no charge of any kind shall be made for issuing such patents. Upon completion of any exchange the land surrendered to the Government shall become a part of said reserve in a like manner as if they had been public lands at the time of the establishment of said reserve. Nothing contained in this section shall be construed to authorize the issuance of any land scrip, and the State of South Dakota is granted the privilege of selecting from the public lands in said State an equal quantity of land in lieu of such portions of section sixteen included within said reserve as have not been sold or disposed of by said State and are not covered by an unperfected bona fide claim as above mentioned.

Mar. 22, 1906, ch. 1127, §3, 34 Stat. 83.

§154 · Unlawful intrusion, or violation of rules and regulations

All persons who shall unlawfully intrude upon said reserve, or who shall without permission appropriate any object therein or commit unauthorized injury or waste in any form whatever upon the lands or other public property therein, or who shall violate any of the rules and regulations prescribed hereunder, shall, upon conviction, be fined in a sum not more than $1,000, or be imprisoned for a period not more than twelve months, or shall suffer both fine and imprisonment, in the discretion of the court.

Mar. 22, 1906, ch. 1127, §4, 34 Stat. 83.

Chapter 4. Saint Elizabeths Hospital

Subchapter I—Establishment and Management; Pensions, Moneys, and Appropriations

§161 · Repealed. Pub. L. 98–621, §10(a), Nov. 8, 1984, 98 Stat. 3379

§§162, 163 · Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632

§§164, 165 · Repealed. Pub. L. 98–621, §10(a), Nov. 8, 1984, 98 Stat. 3379

§165a · Omitted

§166 · Repealed. Pub. L. 98–621, §10(b), Nov. 8, 1984, 98 Stat. 3379

§167 · Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 644

§168 · Repealed. Pub. L. 98–621, §10(c), Nov. 8, 1984, 98 Stat. 3379

§168a · Repealed. Pub. L. 98–621, §10(d)(1), Nov. 8, 1984, 98 Stat. 3379

§168b · Computation of maximum amount available from Federal sources

Amounts chargeable to and available from Federal sources for inpatient and outpatient services provided through Saint Elizabeths Hospital as authorized by 24 U.S.C. 191, 196, 211, 212, 222, 253,

Pub. L. 100–436, title II, Sept. 20, 1988, 102 Stat. 1693.

§§169, 169a · Repealed. Pub. L. 98–621, §10(d)(1), Nov. 8, 1984, 98 Stat. 3379

§170 · Repealed. Pub. L. 98–621, §10(a), Nov. 8, 1984, 98 Stat. 3379

§170a · Maximum amount available from Federal sources

In fiscal year 1989 and thereafter, the maximum amount available to Saint Elizabeths Hospital from Federal sources shall not exceed the total of the following amounts: the appropriations made under this heading, amounts billed to Federal agencies and entities by the District of Columbia for services provided at Saint Elizabeths Hospital, and amounts authorized by titles XVIII and XIX of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq.]. This maximum amount shall not include Federal funds appropriated to the District of Columbia under “Federal Payment to the District of Columbia” and payments made pursuant to section 9(c) of Public Law 98–621.

Pub. L. 100–436, title II, Sept. 20, 1988, 102 Stat. 1693.

§171 · Repealed. Pub. L. 98–621, §10(e), Nov. 8, 1984, 98 Stat. 3379

§172 · Repealed. Pub. L. 98–621, §10(f)(1), Nov. 8, 1984, 98 Stat. 3380

§§173, 174 · Repealed. June 30, 1949, ch. 288, title VI, §602(a)(20), (21), formerly title V, §602(a)(20), (21), 63 Stat. 400, 401, eff. July 1, 1949; renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583

§175 · Repealed. Pub. L. 98–621, §10(g), Nov. 8, 1984, 98 Stat. 3380

§176 · Repealed. Pub. L. 98–621, §10(c), Nov. 8, 1984, 98 Stat. 3379

§177 · Repealed. Pub. L. 98–621, §10(h), Nov. 8, 1984, 98 Stat. 3380

§178 · Repealed. Oct. 31, 1951, ch. 654, §1(46), 65 Stat. 703

§179 · Repealed. Aug. 7, 1946, ch. 770, §1(59), 60 Stat. 871

§180 · Repealed. Pub. L. 98–621, §10(i), Nov. 8, 1984, 98 Stat. 3380

§§181 to 184 · Repealed. Pub. L. 98–621, §10(j), Nov. 8, 1984, 98 Stat. 3380

§185 · Repealed. Pub. L. 98–621, §10(d)(1), Nov. 8, 1984, 98 Stat. 3379

Subchapter II—Inmates; Burden of Expenses Thereof; Detention of Insane

§191 · Repealed. Pub. L. 98–621, §10(a), Nov. 8, 1984, 98 Stat. 3379

§191a · Repealed. Pub. L. 86–571, §10(a), July 5, 1960, 74 Stat. 310

§192 · Repealed. Pub. L. 98–621, §10(k), Nov. 8, 1984, 98 Stat. 3380

§193 · Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

§194 · Repealed. Pub. L. 98–621, §10(l), Nov. 8, 1984, 98 Stat. 3380

§195 · Repealed. Pub. L. 98–621, §10(f)(2), Nov. 8, 1984, 98 Stat. 3380

§195a · Repealed. Pub. L. 98–621, §10(d)(1), Nov. 8, 1984, 98 Stat. 3379

§196 · Repealed. Pub. L. 98–621, §10(m), Nov. 8, 1984, 98 Stat. 3380

§196a · Repealed. Pub. L. 86–571, §10(b), July 5, 1960, 74 Stat. 310

§196b · Repealed. Pub. L. 98–621, §10(n), Nov. 8, 1984, 98 Stat. 3380

§197 · Repealed. Pub. L. 98–621, §10(o), Nov. 8, 1984, 98 Stat. 3380

§198 · Repealed. Pub. L. 98–621, §10(p), Nov. 8, 1984, 98 Stat. 3381

§§199, 200 · Repealed. Pub. L. 98–621, §10(k)(2), Nov. 8, 1984, 98 Stat. 3380

§201 · Repealed. Pub. L. 98–621, §10(a), Nov. 8, 1984, 98 Stat. 3379

§202 · Repealed. Pub. L. 98–621, §10(u), Nov. 8, 1984, 98 Stat. 3381

§203 · Repealed. Pub. L. 98–621, §10(v), Nov. 8, 1984, 98 Stat. 3381

§204 · Repealed. Pub. L. 98–621, §10(a), Nov. 8, 1984, 98 Stat. 3379

§205 · Repealed. Pub. L. 88–597, §19(d), Sept. 15, 1964, 78 Stat. 953

§206 · Repealed. Pub. L. 98–621, §10(a), Nov. 8, 1984, 98 Stat. 3379

§207 · Omitted

§§208 to 210h · Repealed. Pub. L. 89–183, §8, Sept. 14, 1965, 79 Stat. 784, 785, 787

§§211 to 211b · Repealed. Pub. L. 98–621, §10(a), Nov. 8, 1984, 98 Stat. 3379

§§212 to 214 · Repealed. Pub. L. 98–621, §10(q), Nov. 8, 1984, 98 Stat. 3381

§§215 to 220 · Repealed. Pub. L. 88–597, §19(c), Sept. 15, 1964, 78 Stat. 953

§§221, 222 · Repealed. Pub. L. 98–621, §10(a), Nov. 8, 1984, 98 Stat. 3379

Subchapter III—Mental Health Service for District of Columbia

§225 · Findings and purposes

(a) The Congress makes the following findings:

(1) Governmentally administered mental health services in the District of Columbia are currently provided through two separate public entities, the federally administered Saint Elizabeths Hospital and the Mental Health Services Administration of the District of Columbia Department of Human Resources.

(2) The District of Columbia has a continuing responsibility to provide mental health services to its residents.

(3) The Federal Government, through its operation of a national mental health program at Saint Elizabeths Hospital, has for over 100 years assisted the District of Columbia in carrying out that responsibility.

(4) Since its establishment by Congress in 1855, Saint Elizabeths Hospital has developed into a respected national mental health hospital and study, training, and treatment center, providing a range of quality mental health and related services, including—

(i) acute and chronic inpatient psychiatric care;

(ii) outpatient psychiatric and substance abuse clinical and related services;

(iii) Federal court system forensic psychiatry referral, evaluation, and patient treatment services for prisoners, and for individuals awaiting trial or requiring post-trial or post-sentence psychiatric evaluation;

(iv) patient care and related services for designated classes of individuals entitled to mental health benefits under Federal law, such as certain members and employees of the United States Armed Forces and the Foreign Service, and residents of American overseas dependencies;

(v) District of Columbia court system forensic psychiatry referral, evaluation, and patient treatment services for prisoners, and for individuals awaiting trial or requiring post-trial or postsentence psychiatric evaluation;

(vi) programs for special populations such as the mentally ill deaf;

(vii) support for basic and applied clinical psychiatric research and related patient services conducted by the National Institute of Mental Health and other institutions; and

(viii) professional and paraprofessional training in the major mental health disciplines.

(5) The continuation of the range of services currently provided by federally administered Saint Elizabeths Hospital must be assured, as these services are integrally related to—

(i) the availability of adequate mental health services to District of Columbia residents, nonresidents who require mental health services while in the District of Columbia, individuals entitled to mental health services under Federal law, and individuals referred by both Federal and local court systems; and

(ii) the Nation's capacity to increase our knowledge and understanding about mental illness and to facilitate and continue the development and broad availability of sound and modern methods and approaches for the treatment of mental illness.

(6) The assumption of all or selected functions, programs, and resources of Saint Elizabeths Hospital from the Federal Government by the District of Columbia, and the integration of those functions, resources, and programs into a comprehensive mental health care system administered solely by the District of Columbia, will improve the efficiency and effectiveness of the services currently provided through those two separate entities by shifting the primary focus of care to an integrated community-based system.

(7) Such assumption of all or selected functions, programs, and resources of Saint Elizabeths Hospital by the District of Columbia would further the principle of home rule for the District of Columbia.

(b) It is the intent of Congress that—

(1) the District of Columbia have in operation no later than October 1, 1993, an integrated coordinated mental health system in the District which provides—

(A) high quality, cost-effective, and community-based programs and facilities;

(B) a continuum of inpatient and outpatient mental health care, residential treatment, and support services through an appropriate balance of public and private resources; and

(C) assurances that patient rights and medical needs are protected;

(2) the comprehensive District mental health care system be in full compliance with the Federal court consent decree in Dixon v. Heckler;

(3) the District and Federal Governments bear equitable shares of the costs of a transition from the present system to a comprehensive District mental health system;

(4) the transition to a comprehensive District mental health system provided for by this subchapter be carried out with maximum consideration for the interests of employees of the Hospital and provide a right-of-first-refusal to such employees for employment at comparable levels in positions created under the system implementation plan;

(5) the Federal Government have the responsibility for the retraining of Hospital employees to prepare such employees for the requirements of employment in a comprehensive District mental health system;

(6) the Federal Government continue high quality mental health research, training, and demonstration programs at Saint Elizabeths Hospital;

(7) the District government establish and maintain accreditation and licensing standards for all services provided in District mental health facilities which assure quality care consistent with appropriate Federal regulations and comparable with standards of the Joint Commission on Accreditation of Hospitals; and

(8) the comprehensive mental health system plan include a component for direct services for the homeless mentally ill.

Pub. L. 98–621, §2, Nov. 8, 1984, 98 Stat. 3369; Pub. L. 102–150, §3(a), Oct. 31, 1991, 105 Stat. 980.

§225a · Definitions

For the purpose of this subchapter:

(1) The term “Hospital” means the institution in the District of Columbia known as Saint Elizabeths Hospital operated on November 8, 1984, by the Secretary of Health and Human Services.

(2) The term “Secretary” means the Secretary of Health and Human Services.

(3) The term “Mayor” means the Mayor of the District of Columbia.

(4) The term “District” means the District of Columbia.

(5) The term “Federal court consent decree” means the consent decree in Dixon v. Heckler, Civil Action No. 74–285.

(6) The term “service coordination period” means a period beginning on October 1, 1985, and terminating on October 1, 1987.

(7) The term “financial transition period” means a period beginning on October 1, 1985, and terminating on October 1, 1991.

(8) The term “system implementation plan” means the plan for a comprehensive mental health system for the District of Columbia to be developed pursuant to this subchapter.

(9) The term “Council” means the Council of the District of Columbia.

Pub. L. 98–621, §3, Nov. 8, 1984, 98 Stat. 3371.

§225b · Development of plan for mental health system for the District

(a) Responsibility for mental health services; effective date; final system implementation plan; comprehensive mental health program

(1) Subject to subsection (g) of this section and section 225g(b)(1) of this title, effective October 1, 1987, the District shall be responsible for the provision of mental health services to residents of the District.

(2) Not later than October 1, 1993, the Mayor shall complete the implementation of the final system implementation plan reviewed by the Congress and the Council in accordance with the provisions of this subchapter for the establishment of a comprehensive District mental health system to provide mental health services and programs through community mental health facilities to individuals in the District of Columbia.

(b) Mayor; preliminary system implementation plan; final implementation plan; submission to and review by Council and Congressional committees

(1) The Mayor shall prepare a preliminary system implementation plan for a comprehensive mental health system no later than 3 months from October 1, 1985, and a final implementation plan no later than 12 months from October 1, 1985.

(2) The Mayor shall submit the preliminary system implementation plan to the Council no later than 3 months from October 1, 1985. The Council shall review such plan and transmit written recommendations to the Mayor regarding any revisions to such plan no later than 60 days after such submission. The Mayor shall submit the revised preliminary plan to the Committee on the District of Columbia of the House of Representatives and the Committee on Labor and Human Resources and the Committee on Governmental Affairs of the Senate for review and comment in accordance with the provisions of this subchapter.

(3) The final system implementation plan shall be considered by the Council consistent with the provisions of section 422(12) of the District of Columbia Home Rule Act [D.C. Code, §1–242(12)].

(4) After the review of the Council pursuant to paragraph (3), the Mayor shall submit the final implementation plan to the Committee on the District of Columbia of the House of Representatives and the Committee on Labor and Human Resources and the Committee on Governmental Affairs of the Senate for review and comment in accordance with the provisions of this subchapter.

(c) Contents of system implementation plan

The system implementation plan shall—

(1) propose and describe an integrated, comprehensive, and coordinated mental health system for the District of Columbia;

(2) identify the types of treatment to be offered, staffing patterns, and the proposed sites for service delivery within the District of Columbia comprehensive mental health system;

(3) identify mechanisms to attract and retain personnel of appropriate number and quality to meet the objectives of the comprehensive mental health system;

(4) be in full compliance with the Federal court consent decree in Dixon v. Heckler and all applicable District of Columbia statutes and court decrees;

(5) identify those positions, programs, and functions at Saint Elizabeths Hospital which are proposed for assumption by the District, those facilities at Saint Elizabeths Hospital which are proposed for utilization by the District under a comprehensive District mental health system, and the staffing patterns and programs at community facilities to which the assumed functions are to be integrated;

(6) identify any capital improvements to facilities at Saint Elizabeths Hospital and elsewhere in the District of Columbia proposed for delivery of mental health services, which are necessary for the safe and cost effective delivery of mental health services; and

(7) identify the specific real property, buildings, improvements, and personal property to be transferred pursuant to section 225f(a)(1) of this title needed to provide mental health and other services provided by the Department of Human Services under the final system implementation plan.

(d) Consultation; labor-management advisory committee; public comments

(1) The Mayor shall develop the system implementation plan in close consultation with officials of Saint Elizabeths Hospital, through working groups to be established by the Secretary and the Mayor for that purpose.

(2) The Mayor and the Secretary shall establish a labor-management advisory committee, requesting the participation of Federal and District employee organizations affected by this subchapter, to make recommendations on the system implementation plan. The committee shall consider staffing patterns under a comprehensive District mental health care system, retention of Hospital employees under such system, Federal retraining for such employees, and any other areas of concern related to the establishment of a comprehensive District system. In developing the system implementation plan the Mayor shall carefully consider the recommendations of the committee. Such advisory committee shall not be subject to the Federal Advisory Committee Act.

(3) The Mayor and such working groups shall, in developing the plan, solicit comments from the public, which shall include professional organizations, provider agencies and individuals, and mental health advocacy groups in the District of Columbia.

(e) Shift of selected program responsibilities and staff resources; commercial activity proposals; exemption of certain studies

(1) The Mayor and the Secretary may, during the service coordination period, by mutual agreement and consistent with the requirements of the system implementation plan direct the shift of selected program responsibilities and staff resources from Saint Elizabeths Hospital to the District. The Secretary may assign staff occupying positions in affected programs to work under the supervision of the District. The Mayor shall notify the Committee on the District of Columbia of the House of Representatives and the Committee on Labor and Human Resources and the Committee on Governmental Affairs of the Senate in writing of any planned shift in program responsibilites 

(2)(A) Except as provided in subparagraph (B), after October 1, 1984, and during the service coordination period, no request for proposals may be issued by the Secretary for any areas of commercial activity at the Hospital pursuant to Office of Management and Budget circular A–76.

(B) The limitation under subparagraph (A) shall not apply to studies initiated pursuant to such circular prior to October 1, 1984.

(f) Financial and physical plant audits; repairs and renovations; maintenance of facilities and infrastructure

(1) To assist the Mayor in the development of the system implementation plan, the Secretary shall contract for a financial audit and a physical plant audit of all existing facilities at the Hospital to be completed by January 1, 1986. The financial audit shall be conducted according to generally accepted accounting principles. The physical plant audit shall recognize any relevant national and District codes and estimate the useful life of existing facility support systems.

(2)(A) Pursuant to such physical plant audit, the Secretary shall initiate not later than October 1, 1987, and, except as provided under an agreement entered into pursuant to subparagraph (C), complete not later than October 1, 1993, such repairs and renovations to such physical plant and facility support systems of the Hospital as are to be utilized by the District under the system implementation plan as part of a comprehensive District mental health system, as are necessary to meet any applicable code requirements or standards.

(B) At a minimum until October 1, 1987, the Secretary shall maintain all other facilities and infrastructure of the Hospital not assumed by the District in the condition described in such audit.

(C) The Secretary may enter into an agreement with the Mayor under which the Secretary shall provide funds to the Mayor to complete the repairs and renovations described in subparagraph (A) and to make other capital improvements that are necessary for the safe and cost effective delivery of mental health services in the District, except that $7,500,000 of the funds provided to the Mayor under such an agreement shall be used to make capital improvements to facilities not located at Saint Elizabeths Hospital. Of the $7,500,000 provided for improvements to facilities not located at the Hospital, not less than $5,000,000 shall be used to make capital improvements to housing facilities for seriously and chronically mentally ill individuals.

(g) Service coordination period; responsibility for providing services

During the service coordination period, the District of Columbia and the Secretary, to the extent provided in the Federal court consent decree, shall be jointly responsible for providing citizens with the full range and scope of mental health services set forth in such decree and the system implementation plan. No provision of this subchapter or any action or agreement during the service coordination period may be so construed as to absolve or relieve the District or the Federal Government of their joint or respective responsibilities to implement fully the mandates of the Federal court consent decree.

Pub. L. 98–621, §4, Nov. 8, 1984, 98 Stat. 3371; Pub. L. 102–150, §§2, 3(a), Oct. 31, 1991, 105 Stat. 980; Pub. L. 105–33, title XI, §11717(b), Aug. 5, 1997, 111 Stat. 786.

§225c · Congressional review of system implementation plan

(a) The Committee on the District of Columbia of the House of Representatives and the Committee on Labor and Human Resources and the Committee on Governmental Affairs of the Senate shall review the preliminary system implementation plan transmitted by the Mayor pursuant to section 225b of this title to determine the extent of its compliance with the provisions of section 225(b) of this title and section 225b of this title, and transmit written recommendations regarding any revisions to the preliminary plan to the Mayor not later than 60 days after receipt of such plan.

(b) The Committee on the District of Columbia of the House of Representatives and the Committee on Labor and Human Resources and the Committee on Governmental Affairs of the Senate shall, within 90 days of submission of the final system implementation plan by the Mayor pursuant to section 225b of this title, review such plan to determine the extent to which it is in compliance with the provisions of section 225(b) of this title and section 225b of this title.

Pub. L. 98–621, §5, Nov. 8, 1984, 98 Stat. 3374.

§225d · Transition provisions for employees of Hospital

(a) Retirement opportunity

Employees of the Hospital directly affected by the assumption of programs and functions by the District government who meet the requirements for immediate retirement under the provisions of section 8336(d) of title 5 shall be accorded the opportunity to retire during the 30-day period prior to the assumption of such programs and functions.

(b) Specific number and types of positions; transfer to District employment

(1) The system implementation plan shall prescribe the specific number and types of positions needed by the District government at the end of the service coordination period.

(2) Notwithstanding section 3503 of title 5, employees of the Hospital shall only be transferred to District employment under the provisions of this section.

(c) Retention list; reemployment priority list; right-of-first-refusal; retention registers; employee appeals

(1) While on the retention list or the District or Federal agency reemployment priority list, the system implementation plan shall provide to Hospital employees a right-of-first-refusal to District employment in positions for which such employees may qualify, (A) created under the system implementation plan in the comprehensive District mental health system, (B) available under the Department of Human Services of the District, and (C) available at the District of Columbia General Hospital.

(2) In accordance with Federal regulations, the Secretary shall establish retention registers of Hospital employees and provide such retention registers to the District government. Employment in positions identified in the system implementation plan under subsection (b) of this section shall be offered to Hospital employees by the District government according to each such employee's relative standing on the retention registers.

(3) Employee appeals concerning the retention registers established by the Secretary shall be in accordance with Federal regulations.

(4) Employee appeals concerning employment offers by the District shall be in accordance with the District of Columbia Government Comprehensive Merit Personnel Act of 1978 [D.C. Code, §1–601 et seq.].

(d) Federal agency reemployment priority list; right-of-first-refusal; Department of Health and Human Services; separation; maintenance of lists; District agency reemployment priority list; refusal of employment offer; acceptance of nontemporary employment

(1) Notwithstanding any other provision of law, employees of the Hospital, while on the Federal agency reemployment priority list, shall have a right-of-first-refusal to employment in comparable available positions for which they qualify within the Department of Health and Human Services in the Washington metropolitan area.

(2) If necessary to separate employees of the Hospital from Federal employment, such employees may be separated only under Federal reduction-in-force procedures.

(3) A Federal agency reemployment priority list and a displaced employees program shall be maintained for employees of the Hospital by the Secretary and the Office of Personnel Management in accordance with Federal regulations for Federal employees separated by reduction-in-force procedures.

(4) The Mayor shall create and maintain, in consultation with the Secretary, a District agency reemployment priority list of those employees of the Hospital on the retention registers who are not offered employment under subsection (c) of this section. Individuals who refuse an offer of employment under subsection (c) of this section shall be ineligible for inclusion on the District agency reemployment priority list. Such reemployment priority list shall be administered in accordance with procedures established pursuant to the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 2–139) [D.C. Code, §1–601.1 et seq.].

(5) Acceptance of nontemporary employment as a result of referral from any retention list or agency reemployment priority list shall automatically terminate an individual's severance pay as of the effective date of such employment.

(e) Contracts; mental health services; preferences

Any contract entered into by the District of Columbia for the provision of mental health services formerly provided by or at the Hospital shall require the contractor or provider, in filling new positions created to perform under the contract, to give preference to qualified candidates on the District agency reemployment priority list created pursuant to subsection (d) of this section. An individual who is offered nontemporary employment with a contractor shall have his or her name remain on the District agency reemployment priority list under subsection (d) of this section for not more than 24 months from the date of acceptance of such employment.

Pub. L. 98–621, §6, Nov. 8, 1984, 98 Stat. 3374.

§225e · Conditions of employment for former employees of Hospital

(a) Individuals accepting employment; without service breaks

Each individual accepting employment without a break in service with the District government pursuant to section 225d of this title shall—

(1) except as specifically provided in this subchapter, be required to meet all District qualifications other than licensure requirements for appointment required of other candidates, and shall become District employees in the comparable District service subject to the provisions of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 [D.C. Code, §1–601.1 et seq.], and all other statutes and regulations governing District personnel;

(2) meet all licensure requirements within 18 months of appointment by the District government;

(3) notwithstanding chapter 63 of title 5, transfer accrued annual and sick leave balances pursuant to title XII of the District of Columbia Comprehensive Merit Personnel Act of 1978 [D.C. Code, §1–613.1 et seq.];

(4) have the grade and rate of pay determined in accordance with regulations established pursuant to title XI of the District of Columbia Comprehensive Merit Personnel Act of 1978 [D.C. Code, §1.612.1 et seq.], except that no employee shall suffer a loss in the basic rate of pay or in seniority;

(5) if applicable, retain a rate of pay including the physician's comparability allowance under the provisions of section 5948 of title 5, and continue to receive such allowance under the terms of the then prevailing agreement until its expiration or for a period of 2 years from the date of appointment by the District government, whichever occurs later;

(6) be entitled to the same health and life insurance benefits as are available to District employees in the applicable service;

(7) if employed by the Federal Government before January 1, 1984, continue to be covered by the United States Civil Service Retirement System, under chapter 83 of title 5, to the same extent that such retirement system covers District Government 

(8) if employed by the Federal Government on or after January 1, 1984, be subject to the retirement system applicable to District government employees pursuant to title XXVI, Retirement, of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 [D.C. Code, §1–627.1 et seq.].

(b) Exemption from residency requirements

An individual appointed to a position in the District government without a break in service, from the retention list, or from the District or Federal agency reemployment priority lists shall be exempt from the residency requirements of title VIII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 [D.C. Code, §1–608.1 et seq.].

(c) Compensation; work related injuries

An individual receiving compensation for work injuries pursuant to chapter 81 of title 5 shall—

(1) continue to have the claims adjudicated and the related costs paid by the Federal Government until such individual recovers and returns to duty;

(2) if medically recovered and returned to duty, have any subsequent claim for the recurrence of the disability determined and paid under the provisions of title XXIII of the District of Columbia Comprehensive Merit Personnel Act of 1978 [D.C. Code, §1–624.1 et seq.].

(d) Actions by District against individuals accepting employment

The District government may initiate or continue an action against an individual who accepts employment under section 225d(c) of this title for cause related to events that occur prior to the end of the service coordination period. Any such action shall be conducted in accordance with such Federal laws and regulations under which action would have been conducted had the assumption of function by the District not occurred.

(e) Commissioned public health service officers

Commissioned public health service officers detailed to the District of Columbia mental health system shall not be considered employees for purposes of any full-time employee equivalency total of the Department of Health and Human Services.

(f) Former patient employees

For purposes of this section, Hospital employees shall include former patient employees occupying career positions at the Hospital.

Pub. L. 98–621, §7, Nov. 8, 1984, 98 Stat. 3375.

§225f · Property transfer

(a) Authority of Secretary; exclusion of certain real property

(1) Except as provided in paragraph (2), on October 1, 1987, the Secretary shall transfer to the District, without compensation, all right, title, and interest of the United States in all real property at Saint Elizabeths Hospital in the District of Columbia together with any buildings, improvements, and personal property used in connection with such property needed to provide mental health and other services provided by the Department of Human Services indentified 

(2) Such real property as is identified by the Secretary by September 30, 1987, as necessary to Federal mental health programs at Saint Elizabeths Hospital under section 225(b)(5) of this title shall not be transferred under this subsection.

(b) Preparation of master plan; consultation; approval; property transfer; exclusion of Oxon Cove Park

On or before October 1, 1992, the Mayor shall prepare, and submit to the Committee on the District of Columbia of the House of Representatives and the Committees on Governmental Affairs and Labor and Human Resources of the Senate, a master plan, not inconsistent with the comprehensive plan for the National Capital, for the use of all real property, buildings, improvements, and personal property comprising Saint Elizabeths Hospital in the District of Columbia not transferred or excluded pursuant to subsection (a) of this section. In developing such plan, the Mayor shall consult with, and provide an opportunity for review by, appropriate Federal, regional, and local agencies. Such master plan submitted by the Mayor shall be approved by a law enacted by the Congress within the 2-year period following the date such plan is submitted to the Committee on the District of Columbia of the House of Representatives and the Committees on Governmental Affairs and Labor and Human Resources of the Senate. Immediately upon the approval of any such law, the Secretary shall transfer to the District, without compensation, all right, title, and interest of the United States in and to such property in accordance with such approved plan. The real property, together with the buildings and other improvements thereon, including personal property used in connection therewith, known as the Oxon Cove Park and operated by the National Park Service, Department of the Interior, shall not be transferred under this subchapter.

(c) Transfer of J.B. Johnson Building and grounds

On October 1, 1985, the Secretary shall transfer to the District, without compensation, all right, title, and interest of the United States to lot 87, square 622, in the subdivision made by the District of Columbia Redevelopment Land Agency, as per plat recorded in the Office of the Surveyor for the District of Columbia, in liber 154 at folio 149 (901 First Street N.W., the J.B. Johnson Building and grounds).

Pub. L. 98–621, §8, Nov. 8, 1984, 98 Stat. 3377; Pub. L. 102–150, §3(b), Oct. 31, 1991, 105 Stat. 980.

§225g · Financing provisions

(a) Authorization of appropriations

There are authorized to be appropriated for grants by the Secretary of Health and Human Services to the District of Columbia comprehensive mental health system, $30,000,000 for fiscal year 1988, $24,000,000 for fiscal year 1989, $18,000,000 for fiscal year 1990, and $12,000,000 for fiscal year 1991.

(b) Federal agencies; payments to District of costs for treatment of certain patients; responsibility of U.S. for service costs

(1) Beginning on October 1, 1987, and in each subsequent fiscal year, the appropriate Federal agency is directed to pay the District of Columbia the full costs for the provision of mental health diagnostic and treatment services for the following types of patients:

(A) Any individual referred to the system pursuant to a Federal statute or by a responsible Federal agency.

(B) Any individual referred to the system for emergency detention or involuntary commitment after being taken into custody (i) as a direct result of the individual's action or threat of action against a Federal official, (ii) as a direct result of the individual's action or threat of action on the grounds of the White House or of the Capitol, or (iii) under chapter 9 of title 21 of the District of Columbia Code.

(C) Any individual referred to the system as a result of a criminal proceeding in a Federal court (including an individual admitted for treatment, observation, and diagnosis and an individual found incompetent to stand trial or found not guilty by reason of insanity). The preceding provisions of this paragraph apply to any individual referred to the system (or to Saint Elizabeths Hospital) before or after November 8, 1984.

(2) The responsibility of the United States for the cost of services for individuals described in paragraph (1) shall not affect the treatment responsibilities to the District of Columbia under the Interstate Compact on Mental Health.

(c) Financial responsibility during coordination period

(1) During the service coordination and the financial transition periods, the District of Columbia shall gradually assume a greater share of the financial responsibility for the provision of mental health services provided by the system to individuals not described in subsection (b) of this section.

(2) Omitted

(d) Shared responsibility for capital improvements

Subject to section 225b(f)(2) of this title, capital improvements to facilities at Saint Elizabeths Hospital authorized during the service coordination period shall be the shared responsibility of the District and the Federal Government in accordance with Public Law 83–472.

(e) Unassigned liabilities; sole responsibility of Federal Government

Pursuant to the financial audit under section 225b(f) of this title, any unassigned liabilities of the Hospital shall be assumed by and shall be the sole responsibility of the Federal Government.

(f) Audit to determine liability of Federal Government for accrued annual leave balances; authorization of appropriations

(1) After the service coordination period, the Secretary shall conduct an audit, under generally accepted accounting procedures, to identify the liability of the Federal Government for accrued annual leave balances for those employees assumed by the District under the system implementation plan.

(2) There is authorized to be appropriated for payment by the Federal Government to the District an amount equal to the liability identified by such audit.

(g) Authority; District; collection of costs for mental health services

Nothing in this subchapter shall affect the authority of the District of Columbia under any other statute to collect costs billed by the District of Columbia for mental health services, except that payment for the same costs may not be collected from more than one party.

(h) Responsibility of United States for certain claims

The Government of the United States shall be solely responsible for—

(1) all claims and causes of action against Saint Elizabeths Hospital that accrue before October 1, 1987, regardless of the date on which legal proceedings asserting such claims were or may be filed, except that the United States shall, in the case of any tort claim, only be responsible for any such claim against the United States that accrues before October 1, 1987, and the United States shall not compromise or settle any claim resulting in District liability without the consent of the District, which consent shall not be unreasonably withheld; and

(2) all claims that result in a judgment or award against Saint Elizabeths Hospital before October 1, 1987.

Pub. L. 98–621, §9, Nov. 8, 1984, 98 Stat. 3377.

§225h · Buy American provisions

(a) Applicability

The Mayor shall insure that the requirements of the Buy American Act of 1933, as amended [41 U.S.C. 10a et seq.], apply to all procurements made under this subchapter.

(b) Determination by Mayor

(1) If the Mayor, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the United States Trade Representative shall rescind the waiver of the Buy American Act [41 U.S.C. 10a et seq.] with respect to such types of products produced in that foreign country.

(2) An agreement referred to in paragraph (1) is any agreement,

(c) Report to Congress

The Mayor shall submit to Congress a report on the amount of purchases from foreign entities under this subchapter from foreign entities in fiscal years 1992 and 1993. Such report shall separately indicate the dollar value of items for which the Buy American Act [41 U.S.C. 10a et seq.] was waived pursuant to any agreement described in subsection (a)(2) of this section, the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to which the United States is a party.

(d) “Buy American Act” defined

For purposes of this section, the term “Buy American Act” means title III of the Act entitled “An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes”, approved March 3, 1933 (41 U.S.C. 10a et seq.).

(e) Restrictions on contract awards

No contract or subcontract made with funds authorized under this subchapter 

(f) Prohibition against fraudulent use of “Made in America” labels

If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a “Made in America” inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, that person shall be ineligible to receive any contract or subcontract under this subchapter, pursuant to the debarment, suspension, and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations.

Pub. L. 98–621, §11, as added Pub. L. 102–150, §4(2), Oct. 31, 1991, 105 Stat. 981.

Chapter 5. Columbia Institution for the Deaf

§§231 to 250 · Omitted

Chapter 6. Freedmen's Hospital

§§261 to 264 · Omitted

Chapter 7. National Cemeteries

§§271 to 276 · Repealed. Pub. L. 93–43, §7(a)(1)–(3), (61), June 18, 1973, 87 Stat. 82, 88

§277 · Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 646

§§278 to 279d · Repealed. Pub. L. 93–43, §7(a)(1), (4), (5), (7), June 18, 1973, 87 Stat. 82

§§280 to 280b · Repealed. July 1, 1948, ch. 791, §4, 62 Stat. 1216

§§281 to 282 · Repealed. Pub. L. 93–43, §7(a)(6), (8), (10)–(12), (60), June 18, 1973, 87 Stat. 82, 88

§§283 to 285 · Omitted

§§286 to 290 · Repealed. Pub. L. 93–43, §7(a)(1), (13)–(18), (42), (44)–(46), June 18, 1973, 87 Stat. 82, 83, 85

§§291 to 295 · Repealed. Pub. L. 86–694, §2, Sept. 2, 1960, 74 Stat. 739

§295a · Arlington Memorial Amphitheater

(a) Recommendations of Secretary of Defense for memorials and entombments

The Secretary of Defense or his designee may send to Congress in January of each year, his recommendations with respect to the memorials to be erected, and the remains of deceased members of the Armed Forces to be entombed, in the Arlington Memorial Amphitheater, Arlington National Cemetery, Virginia.

(b) Specific authorization from Congress

No memorial may be erected and no remains may be entombed in such amphitheater unless specifically authorized by Congress.

(c) Character of memorials

The character, design, or location of any memorial authorized by Congress is subject to the approval of the Secretary of Defense or his designee.

Pub. L. 86–694, §1, Sept. 2, 1960, 74 Stat. 739.

§296 · Repealed. Pub. L. 93–43, §7(a)(9), June 18, 1973, 87 Stat. 82

Chapter 7a. Private and Commercial Cemeteries

§298 · Repealed. Oct. 31, 1951, ch. 654, §1(47), 65 Stat. 703

Chapter 8. Gorgas Hospital

§301 · Ancon Hospital to be known as Gorgas Hospital

In recognition of his distinguished services to humanity and as a fitting perpetuation of the name and memory of Major General William Crawford Gorgas, the Government hospital within the Canal Zone, near the City of Panama, known prior to March 24, 1928, as the Ancon Hospital, shall after such date be known and designated on the public records as the Gorgas Hospital.

Mar. 24, 1928, ch. 240, §1, 45 Stat. 365.

§302 · Change of name as affecting various rights; records, maps, and public documents

The change in the name of said hospital shall in no wise affect the rights of the Federal Government, or any municipality, corporation, association, or person; and all records, maps, and public documents of the United States in which said hospital is mentioned or referred to under the name of the Ancon Hospital or otherwise shall be held to refer to the said hospital under and by the name of the Gorgas Hospital.

Mar. 24, 1928, ch. 240, §2, 45 Stat. 366.

Chapter 9. Hospitalization of Mentally Ill Nationals Returned From Foreign Countries

§321 · Definitions

For the purposes of this chapter except as the context may otherwise require—

(a) The term “Department” means the Department of Health and Human Services.

(b) The term “Secretary” means the Secretary of Health and Human Services.

(c) The term “State” means a State or Territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.

(d) The term “eligible person” means an individual with respect to whom the following certificates are furnished to the Secretary:

(1) A certificate of the Secretary of State that such individual is a national of the United States; and

(2) Either (A) a certificate obtained or transmitted by the Secretary of State that such individual has been legally adjudged insane in a named foreign country, or (B) a certificate of an appropriate authority or person (as determined in accordance with regulations prescribed by the Secretary of Health and Human Services) stating that at the time of such certification such individual was in a named foreign country and was in need of care and treatment in a mental hospital.

(e) The term “residence” means residence as determined under the applicable law or regulations of a State or political subdivision for the purpose of determining the eligibility of an individual for hospitalization in a public mental hospital.

Pub. L. 86–571, §1, July 5, 1960, 74 Stat. 308; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.

§322 · Reception of eligible persons at ports of entry or debarkation

(a) Arrangements for care, treatment, and assistance

Upon request of the Secretary of State, the Secretary of Health and Human Services is authorized (directly or through arrangements under this subsection) to receive any eligible person at any port of entry or debarkation upon arrival from a foreign country and, to the extent he finds it necessary, to temporarily care for and treat at suitable facilities (including a hospital), and otherwise render assistance to, such person pending his transfer or hospitalization pursuant to other sections of this chapter. For the purpose of providing such care and treatment and assistance, the Secretary is authorized to enter into suitable arrangements with appropriate State or other public or nonprofit agencies. Such arrangements shall be made without regard to section 5 of title 41, and may provide for payment by the Secretary either in advance or by way of reimbursement.

(b) Payment or reimbursement for care, treatment, or assistance

The Secretary may, to the extent deemed appropriate, equitable, and practicable by him, (1) require any person receiving care and treatment or assistance pursuant to subsection (a) of this section to pay, in advance or by way of reimbursement, for the cost thereof or (2) obtain reimbursement for such cost from any State or political subdivision responsible for the cost of his subsequent hospitalization.

Pub. L. 86–571, §2, July 5, 1960, 74 Stat. 308; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.

§323 · Transfer and release to State of residence or legal domicile, or to relative

If, at the time of arrival in the United States, the residence or the legal domicile of an eligible person appearing to be in need of care and treatment in a mental hospital is known to be in a State, or whenever thereafter such a person's residence or legal domicile in a State is ascertained, the Secretary shall, if the person is then under his care (whether directly or pursuant to a contract or other arrangement under section 322 or 324 of this title), endeavor to arrange with the proper authorities of such State, or of a political subdivision thereof, for the assumption of responsibility for the care and treatment of such person by such authorities and shall, upon the making of such arrangement in writing, transfer and release such person to such authorities. In the event the State of the residence or legal domicile of an eligible person cannot be ascertained, or the Secretary is unable to arrange with the proper authorities of such State, or of a political subdivision thereof, for the assumption of responsibility for his care and treatment, the Secretary may, if he determines that the best interests of such person will be served thereby, transfer and release the eligible person to a relative who agrees in writing to assume responsibility for such person after having been fully informed as to his condition.

Pub. L. 86–571, §3, July 5, 1960, 74 Stat. 308.

§324 · Care and treatment of eligible persons until transfer and release

(a) Place of hospitalization

Until the transfer and release of an eligible person pursuant to section 323 of this title, the Secretary is authorized to provide care and treatment for such person at any Federal hospital within or (pursuant to agreement) outside of the Department, or (under contract or other arrangements made without regard to section 5 of title 41) at any other public or private hospital in any State and, for such purposes, to transfer such person to any such hospital from a place of temporary care provided pursuant to section 322 of this title. In determining the place of such hospitalization, the Secretary shall give due weight to the best interests of the patient.

(b) Ineligible persons

The authority of the Secretary to provide hospitalization for any person under this section shall not apply to any person for whose medical care and treatment any agency of the United States is responsible.

Pub. L. 86–571, §4, July 5, 1960, 74 Stat. 309; Pub. L. 98–621, §10(r), Nov. 8, 1984, 98 Stat. 3381.

§325 · Examination of persons admitted

(a) Time and frequency of examination; discharge

Any person admitted to any hospital pursuant to section 322 or section 324 of this title shall, as soon as practicable, but in no event more than five days after the day of such admission, be examined by qualified members of the medical staff of the hospital and, unless found to be in need of hospitalization by reason of mental illness, shall be discharged. Any person found upon such examination to be in need of such hospitalization shall thereafter, as frequently as practicable but not less often than every six months, be reexamined and shall, whenever it is determined that the conditions justifying such hospitalization no longer obtain, be discharged or, if found to be in the best interests of the patient, be conditionally released.

(b) Notice to legal guardian, etc.

Whenever any person is admitted to a hospital pursuant to this chapter, his legal guardian, spouse, or next of kin shall, if known, be immediately notified.

Pub. L. 86–571, §5, July 5, 1960, 74 Stat. 309.

§326 · Release of patient

(a) Request; determination of right to retain; retention after request

If a person who is a patient hospitalized under section 322 or 324 of this title, or his legal guardian, spouse, or adult next of kin, requests the release of such patient, the right of the Secretary, or the head of the hospital, to detain him for care and treatment shall be determined in accordance with such laws governing the detention, for care and treatment, of persons alleged to be mentally ill as may be in force and applicable generally in the State in which such hospital is located, but in no event shall the patient be detained more than forty-eight hours (excluding any period of time falling on a Sunday or legal holiday) after the receipt of such request unless within such time (1) judicial proceedings for such hospitalization are commenced or (2) a judicial extension of such time is obtained, for a period of not more than five days, for the commencement of such proceedings.

(b) Transfer to another hospital

The Secretary is authorized at any time, when he deems it to be in the interest of the person or of the institution affected, to transfer any person hospitalized under section 324 of this title from one hospital to another, and to that end any judicial commitment of any person so hospitalized may be to the Secretary.

Pub. L. 86–571, §6, July 5, 1960, 74 Stat. 309.

§327 · Notification to committing court of discharge or conditional release

In the case of any person hospitalized under section 324 of this title who has been judicially committed to the Secretary's custody, the Secretary shall, upon the discharge or conditional release of such person, or upon such person's transfer and release under section 323 of this title, notify the committing court of such discharge or conditional release or such transfer and release.

Pub. L. 86–571, §7, July 5, 1960, 74 Stat. 310.

§328 · Payment for care and treatment

(a) Persons liable; scope of liability; compromise or waiver; investigations; judicial proceedings

Any person hospitalized under section 324 of this title or his estate, shall be liable to pay or contribute toward the payment of the costs or charges for his care and treatment to the same extent as such person would, if resident in the District of Columbia, be liable to pay, under the laws of the District of Columbia, for his care and maintenance in a hospital for the mentally ill in that jurisdiction. The Secretary may, in his discretion, where in his judgment substantial justice will be best served thereby or the probable recovery will not warrant the expense of collection, compromise or waive the whole or any portion of any claim under this section. In carrying out this section, the Secretary may make or cause to be made such investigations as may be necessary to determine the ability of any person hospitalized under section 324 of this title to pay or contribute toward the cost of his hospitalization. All collections or reimbursement on account of the costs and charges for the care of the eligible person shall be deposited in the Treasury as miscellaneous receipts. Any judicial proceedings to recover such costs or charges shall be brought in the name of the United States in any court of competent jurisdiction.

(b) “Costs or charges” defined

As used in this section, the term “costs or charges” means, in the case of hospitalization at a hospital under the jurisdiction of the Department of Health and Human Services, a per diem rate prescribed by the Secretary on a basis comparable to that charged for any other paying patients and, in the case of persons hospitalized elsewhere, the contract rate or a per diem rate fixed by the Secretary on the basis of the contract rate.

Pub. L. 86–571, §8, July 5, 1960, 74 Stat. 310; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.

§329 · Availability of appropriations for transportation

Appropriations for carrying out this chapter shall also be available for the transportation of any eligible person and necessary attendants to or from a hospital (including any hospital of a State or political subdivision to which an eligible person is released under section 323 of this title), to the place where a relative to whom any person is released under section 323 of this title resides, or to a person's home upon his discharge from hospitalization under this chapter.

Pub. L. 86–571, §9, July 5, 1960, 74 Stat. 310.

Chapter 10. Armed Forces Retirement Home

§401 · Definitions

For purposes of this chapter:

(1) The term “Retirement Home” means the Armed Forces Retirement Home established under section 411(a) of this title.

(2) The term “Retirement Home Board” means the Armed Forces Retirement Home Board.

(3) The term “Local Board” means a Board of Trustees established for each facility of the Retirement Home maintained as a separate establishment of the Retirement Home for administrative purposes.

(4) The term “Director” means a Director of the Armed Forces Retirement Home appointed under section 417(a) of this title.

(5) The term “Fund” means the Armed Forces Retirement Home Trust Fund established under section 419(a) of this title.

(6) The term “Armed Forces” does not include the Coast Guard when it is not operating as a service in the Navy.

(7) The term “chief personnel officers” means—

(A) the Deputy Chief of Staff for Personnel of the Army;

(B) the Chief of Naval Personnel;

(C) the Deputy Chief of Staff, Manpower and Personnel of the Air Force; and

(D) the Deputy Chief of Staff for Manpower of the Marine Corps.

(8) The term “senior noncommissioned officers” means the following:

(A) The Sergeant Major of the Army.

(B) The Master Chief Petty Officer of the Navy.

(C) The Chief Master Sergeant of the Air Force.

(D) The Sergeant Major of the Marine Corps.

Pub. L. 101–510, div. A, title XV, §1502, Nov. 5, 1990, 104 Stat. 1722.

Subchapter I—Establishment and Operation of Retirement Home

§411 · Establishment of Armed Forces Retirement Home

(a) Inclusion of existing homes

The United States Soldiers’ and Airmen's Home and the Naval Home are hereby incorporated into an independent establishment in the Executive branch of the Federal Government to be known as the Armed Forces Retirement Home.

(b) Purpose

The purpose of the Retirement Home is to provide, through the United States Soldiers’ and Airmen's Home and the Naval Home, a residence and related services for certain retired and former members of the Armed Forces.

(c) Operation

Each facility of the Retirement Home maintained as a separate establishment of the Retirement Home for administrative purposes shall be operated by a Director under the overall supervision of the Armed Forces Retirement Home Board.

(d) Property and facilities

(1) The Retirement Home shall consist of such property and facilities as may be transferred to the Retirement Home or acquired by the Retirement Home Board for inclusion in the Retirement Home.

(2) On the effective date specified in section 1541(a), the property and facilities known and operated as the Naval Home and the United States Soldiers’ and Airmen's Home shall be transferred to, and made a part of, the Retirement Home.

(e) Department of Defense support

The Secretary of Defense may make available 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.

(f) Accreditation

The Retirement Home Board shall endeavor to secure for each facility of the Retirement Home maintained as a separate establishment of the Retirement Home for administrative purposes the accreditation of that facility by a nationally recognized civilian accrediting organization, such as the Continuing Care Accreditation Commission and the Joint Commission for Accreditation of Health Organizations.

Pub. L. 101–510, div. A, title XV, §1511, Nov. 5, 1990, 104 Stat. 1723; Pub. L. 103–160, div. A, title III, §366(a), Nov. 30, 1993, 107 Stat. 1630.

§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 Retirement Home Board 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 Retirement Home Board 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 Retirement Home Board 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 Retirement Home Board may require.

(d) Priorities for acceptance

The Retirement Home Board 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.

(e) Effect of departure

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.

(f) Application of eligibility requirements to current residents of Naval Home and Soldiers’ and Airmen's Home

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.

Pub. L. 101–510, div. A, title XV, §1512, Nov. 5, 1990, 104 Stat. 1724.

§413 · Services provided residents

(a) Services provided

Except as provided in subsection (b) of this section, a resident of the Retirement Home shall receive the services authorized by the Retirement Home Board.

(b) Medical and dental care

The Retirement Home shall provide for the overall health care needs of residents in a high quality and cost-effective manner, including on site primary care, medical care, and a continuum of long-term care services. Secondary and tertiary hospital care for residents that is not available at a facility maintained as a separate establishment of the Retirement Home shall, to the extent available, be obtained by agreement with the Secretary of Veterans Affairs or the Secretary of Defense in a facility administered by such Secretary. The Retirement Home shall not be responsible for the costs incurred for such care by a resident of the Retirement Home who uses a private medical facility for such care. The Retirement Home may not construct an acute care facility.

Pub. L. 101–510, div. A, title XV, §1513, Nov. 5, 1990, 104 Stat. 1725; Pub. L. 103–160, div. A, title III, §366(c), Nov. 30, 1993, 107 Stat. 1630.

§414 · 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) of this section 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) of this section 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 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.

(d) Application of fees

Subject to such adjustments in the fee as the Retirement Home Board may make under subsection (c) of this section, 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.

Pub. L. 101–510, div. A, title XV, §1514, Nov. 5, 1990, 104 Stat. 1725; Pub. L. 103–337, div. A, title III, §371(b), Oct. 5, 1994, 108 Stat. 2735.

§415 · Composition and operation of Retirement Home Board

(a) Establishment

There is hereby established the Armed Forces Retirement Home Board. The Retirement Home Board shall exercise policy oversight over the Retirement Home and oversee the activities of any Local Boards of trustees.

(b) Members

The Retirement Home Board shall consist of not less than 16 members who shall be appointed by the Secretary of Defense, unless otherwise indicated, as follows:

(1) One representative from the office of the Assistant Secretary of Defense (Force Management and Personnel).

(2) One representative from the Department of Defense Comptroller's office.

(3) One representative from the office of the Assistant Secretary of Defense (Health Affairs).

(4) One representative from the office of the General Counsel of the Department of Defense.

(5) Two persons who are experts in the operations of retirement homes and who are not officers or employees of the United States.

(6) Two persons who are gerontologists and who are not officers or employees of the United States.

(7) Two persons who are personnel chiefs of the Armed Forces.

(8) Two persons who are senior noncommissioned officers of the Armed Forces.

(9) One representative from the Office of Management and Budget who shall be designated by the Director of the Office of Management and Budget.

(10) One representative from a national noncommissioned officer association or a military retiree council who shall be a nonvoting member of the Board.

(11) One representative of the Secretary of Veterans Affairs who shall be designated by that Secretary.

(12) One officer or employee of the Department of Health and Human Services who shall be designated by the Secretary of Health and Human Services.

(c) Local Boards

Each establishment of the Retirement Home shall have a Board of trustees which shall exercise operational oversight over the respective facility and provide reports to the Retirement Home Board at least twice annually. Each Local Board shall consist of at least 11 members appointed by the Secretaries of the military departments. The Local Boards shall consist of the following:

(1) One person who is a civilian expert in nursing home or retirement home administration and financing from the geographical area of each facility.

(2) One person who is a civilian expert in gerontology from the geographical area of each facility.

(3) One person who is a service expert in financial management.

(4) One representative from the Department of Veterans Affairs regional office nearest in proximity to each facility who shall be designated by the Secretary of Veterans Affairs.

(5) One representative from the resident advisory committee or council of the respective facility who shall be a nonvoting member.

(6) One enlisted representative of the Services’ Retiree Advisory Council.

(7) The senior noncommissioned officer of an Armed Force.

(8) One senior representative from the military hospital nearest in proximity to each facility.

(9) One senior representative from the Judge Advocate General's Corps from one of the Armed Services.

(10) The director of the respective facility who shall be a nonvoting member.

(11) One senior representative of one of the chief personnel officers of the Armed Services.

(d) Chairmen

(1)(A) The Secretary of Defense shall select one of the members of the Retirement Home Board to serve as chairman. The term of office of the chairman shall be five years. At the discretion of the Secretary a chairman may serve a second five-year term of office as chairman.

(B) The chairman shall act as the chief executive officer of the Armed Forces Retirement Home and while so acting shall not be responsible to the Secretary of Defense or to the Secretaries of the military departments for direction and management of the Retirement Home or each facility maintained as a separate facility of the Retirement Home.

(C) The chairman may appoint, in addition to such ad hoc committees as the chairman determines to be appropriate, a standing executive committee to act for, and in the name of, the Retirement Home Board at such times and on such matters as the chairman considers necessary to expedite the efficient and timely management of each facility maintained as a separate facility of the Retirement Home.

(D) The chairman may appoint an administrative staff to assist the chairman in the performance of the duties of the chairman. The chairman shall determine the rates of pay applicable to such staff, except that a staff member who is a member of the Armed Forces on active duty or who is a full-time officer or employee of the United States shall receive no additional pay by reason of service on the administrative staff.

(2) The Secretaries of the military departments shall select the chairman for each Local Board from the members of that Board. The term of office of the chairman of a Local Board shall be three years.

(e) Terms

(1) Except as provided in subsection (f) of this section, the term of office of each member of the Retirement Home Board and each Local Board shall be five years.

(2) A member whose term of office has expired may continue to serve until the successor for the member is appointed or designated.

(3) The Chairman of the Retirement Home Board may appoint a member of the Retirement Home Board for a second consecutive term. The Chairman of a Local Board may appoint a member of that Local Board for a second consecutive term.

(f) Early expiration of term

A member of the Armed Forces or Federal civilian employee who is appointed as a member of the Retirement Home Board or a Local Board may serve as a board member only so long as the member of the Armed Forces or Federal civilian employee is assigned to or serving in the duty position that gave rise to the appointment as a board member.

(g) Vacancies

(1) A vacancy in the Retirement Home Board or a Local Board shall be filled in the manner in which the original appointment or designation was made.

(2) A member appointed or designated to fill a vacancy occurring before the end of the term of the predecessor of the member shall be appointed or designated, as the case may be, for the remainder of the term for which the predecessor was appointed.

(3) A vacancy in the Retirement Home Board or a Local Board shall not affect its authority to perform its duties.

(h) Compensation

(1) Except as provided in paragraph (2), members of the Retirement Home Board and members of the Local Boards shall—

(A) be provided a stipend consistent with the daily government consultant fee for each day in which the member is engaged in the performance of services for the Retirement Home Board or a Local Board; and

(B) while away from home or regular place of business in the performance of services for the Retirement Home Board or a Local Board, be allowed travel expenses (including per diem in lieu of subsistence) in the same manner as a person employed intermittently in Government under sections 5701 through 5707 of title 5.

(2) A member of the Retirement Home Board or a Local Board who is a member of the Armed Forces on active duty or a full-time officer or employee of the United States shall receive no additional pay by reason of service on the Retirement Home Board or a Local Board.

(i) Meetings

(1) The Retirement Home Board shall meet twice a year, or at more frequent intervals, at the call of the chairman or a majority of the members.

(2) The first meeting of the Retirement Home Board shall be held during the 30-day period beginning on the later of—

(A) the effective date specified in section 1541(a); and 

(B) the date on which the last of the five members required by subsection (b) of this section to be appointed is first appointed.

Pub. L. 101–510, div. A, title XV, §1515, Nov. 5, 1990, 104 Stat. 1726; Pub. L. 102–190, div. A, title X, §1062(a)(4), Dec. 5, 1991, 105 Stat. 1475; Pub. L. 103–160, div. A, title III, §366(b), Nov. 30, 1993, 107 Stat. 1630; Pub. L. 104–201, div. A, title X, §1051(a), (b)(1), Sept. 23, 1996, 110 Stat. 2648.

§416 · Duties of Retirement Home Board

(a) Overall operation of Retirement Home

The Retirement Home Board shall be responsible for the overall operation of the Retirement Home. As part of such responsibilities, the Retirement Home Board shall perform the following duties:

(1) Issue and ensure compliance with appropriate rules for the operation of the Retirement Home.

(2) Periodically visit, and inspect the operation of, the facilities of the Retirement Home.

(3) Periodically examine and audit the accounts of the Retirement Home.

(4) Establish such advisory bodies as the Retirement Home Board considers to be necessary.

(b) Special duties of specific members

The Retirement Home Board shall assign specific members of the Retirement Home Board appointed under section 415(b) of this title to oversee the operations of each facility of the Retirement Home maintained as a separate establishment of the Retirement Home for administrative purposes.

(c) Acquisition of real property

The Retirement Home Board may acquire, for the benefit of the Retirement Home, property and facilities for inclusion in the Retirement Home.

(d) Limitation on disposal of real property

(1) Real property of the Retirement Home may not be disposed of by the Retirement Home Board by sale or otherwise unless the disposal of the property is specifically authorized by law.

(2) In any case in which any real property is sold by the Retirement Home Board, the Board shall deposit moneys received from the sale of the property in the Armed Forces Retirement Home Trust Fund.

(e) Gifts

(1) The Retirement Home Board may accept gifts of money, property, and facilities on behalf of the Retirement Home.

(2) Monies received as gifts, or realized from the disposition of property and facilities received as gifts, shall be deposited in the Fund.

(f) Annual report

Not later than 90 days after the end of each fiscal year, the Retirement Home Board shall submit to the Secretary of Defense, for transmission to Congress, a report describing the financial and other affairs of the Retirement Home for that fiscal year.

Pub. L. 101–510, div. A, title XV, §1516, Nov. 5, 1990, 104 Stat. 1728.

§417 · Directors and staff

(a) Appointment and qualifications

(1) The Secretary of Defense shall appoint a Director for each separate establishment of the Retirement Home.

(2) The Director of the United States Soldiers’ and Airmen's Home Each Director shall be appointed from among persons recommended by the Retirement Home Board who—

(A) are not officers of the Armed Forces on active duty; and

(B)

meet the requirements of paragraph (4).

(3) The Director, and any Deputy Director, of the Naval Home shall be appointed by the Secretary of Defense from among persons recommended by the Secretaries of the military departments who—

(A) in the case of the position of Director, are commissioned officers of the Armed Forces serving on active duty in a pay grade above O–5;

(B) in the case of the position of Deputy Director, are commissioned officers of the Armed Forces serving on active duty in a pay grade above O–4; and

(C) meet the requirements of paragraph (4).

(4) Each Director shall

have appropriate leadership and management skills, an appreciation and understanding of the culture and norms associated with military service, and a significant military background.

(5) (3) Each Director shall be required to pursue a course of study to receive certification as a retirement facilities director by an appropriate civilian certifying organization if the Director is not so certified at the time of appointment.

(b) Application of civil service laws to appointment and fixing pay

The Secretary of Defense may appoint the Director referred to in subsection (a) of this section and Deputy Directors for the Retirement Home without regard to the provisions of title 5 governing appointments in the competitive service.

(c)

Terms of Directors(1) Term of Director The term of office of the Director of the United States Soldiers’ and Airmen's Home a Director shall be five years. The A Director may be reappointed for one additional term upon the completion of the first term of office unless the Director has failed to successfully complete a course of study to receive certification as a retirement facilities director.

(2) The Director and the Deputy Director of the Naval Home shall serve at the pleasure of the Secretary of Defense.

(d) Duties of Directors

(1) A Director shall be responsible for the day-to-day operation of the facility of the Retirement Home for which the Director is appointed, including the acceptance of applicants to be residents of that facility.

(2) The Director shall keep accurate and complete records of the operations of that facility of the Retirement Home.

(e) Staff

(1) A Director, subject to the approval of the Retirement Home Board, may appoint and fix the pay of such principal staff as the Director considers appropriate to assist the Director in operating the facility of the Retirement Home for which the Director is appointed.

(2) The staff shall include persons with experience and expertise in the operation and management of retirement homes and in the provision of long-term medical care for older persons.

(3) The Director may exempt four physicians employed at the Retirement Home from the provisions of subsections (a), (b), and (c) of section 5532 of title 5, if the Director determines that the exemption is necessary to recruit or retain well-qualified physicians for the Retirement Home. An exemption granted under this section shall apply to the retired pay of the physician payable for the first month after the month in which the exemption is granted and shall terminate upon any break in employment with the Retirement Home of three days or more.

(f) Annual evaluation of Directors

The Chairman of the Retirement Home Board shall annually evaluate the performance of the Directors and shall make such recommendations to the Secretary of Defense as the Chairman considers appropriate in light of the evaluation.

(g) Definitions

In this section:

(1) The term “United States Soldiers’ and Airmen's Home” means the separate facility of the Retirement Home that is known as the United States Soldiers’ and Airmen's Home.

(2) The term “Naval Home” means the separate facility of the Retirement Home that is known as the Naval Home.

Pub. L. 101–510, div. A, title XV, §1517, Nov. 5, 1990, 104 Stat. 1729; Pub. L. 102–190, div. A, title X, §1062(a)(5), Dec. 5, 1991, 105 Stat. 1475; Pub. L. 104–201, div. A, title X, §1051(c), Sept. 23, 1996, 110 Stat. 2649; Pub. L. 105–261, div. A, title X, §1041(a)–(c), Oct. 17, 1998, 112 Stat. 2124. 2649.

§418 · Inspection

of Retirement Home

(a) Triennial inspection

Every three years the by Inspector General of

a military department shall inspect the Retirement Home, including the records of the Retirement Home.

(b) Alternating duty among Inspectors General

The duty to inspect the Retirement Home shall alternate among the

Department of DefenseThe Inspector General of the

Army, the Naval Inspector General, and the Inspector General of the Air Force on such schedule as the Secretary of Defense shall direct.

(c) Reports

Not later than 45 days after completing an inspection under subsection (a) of this section, Department of Defense shall—

(1) conduct, not later than three years after the effective date specified in section 1541(a) (and at six-year intervals thereafter), an inspection of the Retirement Home and the records of the Retirement Home;

(2) cause the Inspector Generals of the military departments to conduct an inspection of the Retirement Home and its records at six-year intervals alternating with the inspections by

the Inspector General carrying out the inspection shall of the Department of Defense so that each home is inspected every three years; and(3) submit to the Retirement Home Board, the Secretary of Defense, and Congress a report describing the results of the inspection and containing such recommendations as the Inspector General considers appropriate.

Pub. L. 101–510, div. A, title XV, §1518, Nov. 5, 1990, 104 Stat. 1730; Pub. L. 105–261, div. A, title X, §1042(a), Oct. 17, 1998, 112 Stat. 2125. 1730.

§419 · Retirement Home Trust Fund

(a) Establishment

There is hereby established in the Treasury of the United States a trust fund to be known as the Armed Forces Retirement Home Trust Fund. The Fund shall consist of the following:

(1) Such amounts as may be transferred to the Fund.

(2) Moneys deposited in the Fund by the Retirement Home Board realized from gifts or from the disposition of property and facilities.

(3) Amounts deposited in the Fund as monthly fees paid by residents of the Retirement Home under section 414 of this title.

(4) Amounts of fines and forfeitures deposited in the Fund under section 2772 of title 10.

(5) Amounts deposited in the Fund as deductions from the pay of enlisted members, warrant officers, and limited duty officers under section 1007(i) of title 37.

(6) Interest from investments made under subsection (c) of this section.

(b) Availability and use of Fund

Amounts in the Fund shall be available solely for the operation of the Retirement Home.

(c) Investments

The Secretary of the Treasury may invest in obligations issued or guaranteed by the United States any monies in the Fund that the Director determines are not currently needed to pay for the operation of the Retirement Home.

(d) Transitional accounts

(1) During the period beginning on November 5, 1990, and ending on September 30, 1994, the Fund shall contain a separate account for each establishment of the Retirement Home. During that period, contributions shall be collected under subsection (a) of this section for the account of the Naval Home for the purpose of achieving a trust fund five times the estimated annual operating budget of the Naval Home.

(2) Beginning on November 5, 1990, funds required for the operation of the United States Soldiers’ and Airmen's Home shall be drawn from the appropriate account. Beginning on October 1, 1991, funds required for the operation of the Naval Home shall be drawn from the account of the Naval Home.

(3) During the period beginning on November 5, 1990, and ending on September 30, 1994—

(A) amounts collected as monthly fees paid by residents of the Naval Home and amounts referred to in subsections (a)(4) and (a)(5) of this section derived from enlisted members, warrant officers, and limited duty officers of the Navy, Marine Corps, and Coast Guard shall be credited to the account relating to that establishment; and

(B) amounts collected as monthly fees paid by residents of the United States Soldiers’ and Airmen's Home and amounts referred to in subsections (a)(4) and (a)(5) of this section derived from members and warrant officers of the Army and Air Force shall be credited to the account relating to that establishment.

Pub. L. 101–510, div. A, title XV, §1519, Nov. 5, 1990, 104 Stat. 1730.

§420 · Disposition of effects of deceased persons; unclaimed property

(a) Disposition of effects of deceased persons

The Director of each facility that is maintained as a separate establishment of the Retirement Home shall safeguard and dispose of the estate and personal effects of deceased residents, including effects delivered to such facility under sections 4712(f) and 9712(f) of title 10, and shall ensure the following:

(1) A will or other instrument of a testamentary nature involving property rights executed by a resident shall be promptly delivered, upon the death of the resident, to the proper court of record.

(2) If a resident dies intestate and the heirs or legal representative of the deceased cannot be immediately ascertained, the Director shall retain all property left by the decedent for a three-year period beginning on the date of the death. If entitlement to such property is established to the satisfaction of the Director at any time during the three-year period, the Director shall distribute the decedent's property, in equal pro-rata shares when multiple beneficiaries have been identified, to the highest following categories of identified survivors (listed in the order of precedence indicated):

(A) The surviving spouse or legal representative.

(B) The children of the deceased.

(C) The parents of the deceased.

(D) The siblings of the deceased.

(E) The next-of-kin of the deceased.

(b) Sale of effects

(1)(A) If the disposition of the estate of a resident of the Retirement Home cannot be accomplished under subsection (a)(2) of this section or if a resident dies testate and the nominated fiduciary, legatees, or heirs of the resident cannot be immediately ascertained, the entirety of the deceased resident's domiciliary estate and the entirety of any ancillary estate that is unclaimed at the end of the three-year period beginning on the date of the death of the resident shall escheat to the Retirement Home.

(B) Upon the sale of any such unclaimed estate property, the proceeds of the sale shall be deposited in the Retirement Home Trust Fund.

(C) If a personal representative or other fiduciary is appointed to administer a deceased resident's estate and the administration is completed before the end of such three-year period, the balance of the entire net proceeds of the estate, less expenses, shall be deposited directly in the Retirement Home Trust Fund. The heirs or legatees of the deceased resident may file a claim made with the Secretary of Defense to reclaim such proceeds. A determination of the claim by the Secretary shall be subject to judicial review exclusively by the United States Court of Federal Claims.

(2)(A) The Director of a facility maintained as a separate establishment of the Retirement Home may designate an attorney to serve as attorney or agent for the facility in any probate proceeding in which the Retirement Home may have a legal interest as nominated fiduciary, testamentary legatee, escheat legatee, or in any other capacity.

(B) An attorney designated under this paragraph may, in the domiciliary jurisdiction of the deceased resident and in any ancillary jurisdiction, petition for appointment as fiduciary. The attorney shall have priority over any petitioners (other than the deceased resident's nominated fiduciary, named legatees, or heirs) to serve as fiduciary. In a probate proceeding in which the heirs of an intestate deceased resident cannot be located and in a probate proceeding in which the nominated fiduciary, legatees, or heirs of a testate deceased resident cannot be located, the attorney shall be appointed as the fiduciary of the deceased resident's estate.

(3) The designation of an employee or representative of a facility of the Retirement Home as personal representative of the estate of a resident of the Retirement Home or as a legatee under the will or codicil of the resident shall not disqualify an employee or staff member of that facility from serving as a competent witness to a will or codicil of the resident.

(4) After the end of the three-year period beginning on the date of the death of a resident of a facility, the Director of the facility shall dispose of all property of the deceased resident that is not otherwise disposed of under this subsection, including personal effects such as decorations, medals, and citations to which a right has not been established under subsection (a) of this section. Disposal may be made within the discretion of the Director by—

(A) retaining such property or effects for the facility;

(B) offering such items to the Secretary of Veterans Affairs, a State, another military home, a museum, or any other institution having an interest in such items; or

(C) destroying any items determined by the Director to be valueless.

(c) Transfer of proceeds to Fund

The net proceeds received by the Directors from the sale of effects under subsection (b) of this section shall be deposited in the Fund.

(d) Subsequent claim

(1) A claim for the net proceeds of the sale under subsection (b) of this section of the effects of a deceased may be filed with the Secretary of Defense at any time within six years after the death of the deceased, for action under section 2771 of title 10.

(2) A claim referred to in paragraph (1) may not be considered by a court or the Secretary unless the claim is filed within the time period prescribed in such paragraph.

(3) A claim allowed by the Secretary under paragraph (1) shall be certified to the Secretary of the Treasury for payment from the Fund in the amount found due, including any interest relating to the amount. No claim may be allowed or paid in excess of the net proceeds of the estate deposited in the Fund under subsection (c) of this section plus interest.

(e) Unclaimed property

In the case of property delivered to the Retirement Home under section 2575 of title 10, the Directors shall deliver the property to the owner, the heirs or next of kin of the owner, or the legal representative of the owner, if a right to the property is established to the satisfaction of the Directors within two years after the delivery.

Pub. L. 101–510, div. A, title XV, §1520, Nov. 5, 1990, 104 Stat. 1731; Pub. L. 103–160, div. A, title III, §366(d), (e), Nov. 30, 1993, 107 Stat. 1631; Pub. L. 104–316, title II, §202(j), Oct. 19, 1996, 110 Stat. 3843.

§421 · Payment of residents for services

(a) Authority

The Chairman of the Armed Forces Retirement Board is authorized to accept for the Armed Forces Retirement Home the part-time or intermittent services of a resident of the Retirement Home, to pay the resident for such services, and to fix the rate of such pay.

(b) Employment status

A resident receiving pay for services authorized under subsection (a) of this section shall not, by reason of performing such services and receiving pay for such services, be considered as—

(1) receiving the pay of a position or being employed in a position for the purposes of section 5532 of title 5; or

(2) being an employee of the United States for any purpose other than—

(A) subchapter I of chapter 81 of title 5 (relating to compensation for work-related injuries); and

(B) chapter 171 of title 28 (relating to claims for damages or loss).

(c) “Position” defined

In subsection (b)(1) of this section, the term “position” has the meaning given that term in section 5531 of title 5.

Pub. L. 101–510, div. A, title XV, §1521, as added Pub. L. 102–484, div. A, title III, §385(a), Oct. 23, 1992, 106 Stat. 2394; amended Pub. L. 104–201, div. A, title X, §1052(b), Sept. 23, 1996, 110 Stat. 2650.

§422 · Authority to accept certain uncompensated services

(a) Authority to accept services

Subject to subsection (b) of this section and notwithstanding section 1342 of title 31, the Chairman of the Retirement Home Board or the Director of each establishment of the Retirement Home may accept from any person voluntary personal services or gratuitous services unless the acceptance of the voluntary services is disapproved by the Retirement Home Board.

(b) Requirements and limitations

(1) The Chairman of the Retirement Home Board or the Director of the establishment accepting the services shall notify the person of the scope of the services accepted.

(2) The Chairman or Director shall—

(A) supervise the person providing the services to the same extent as that official would supervise a compensated employee providing similar services; and

(B) ensure that the person is licensed, privileged, has appropriate credentials, or is otherwise qualified under applicable laws or regulations to provide such services.

(3) A person providing services accepted under subsection (a) of this section may not—

(A) serve in a policymaking position of the Retirement Home; or

(B) be compensated for the services by the Retirement Home.

(c) Authority to recruit and train persons providing services

The Chairman of the Retirement Home Board or the Director of an establishment of the Retirement Home may recruit and train persons to provide services authorized to be accepted under subsection (a) of this section.

(d) Status of persons providing services

(1) Subject to paragraph (3), while providing services accepted under subsection (a) of this section or receiving training under subsection (c) of this section, a person shall be considered to be an employee of the Federal Government only for purposes of the following provisions of law:

(A) Subchapter I of chapter 81 of title 5 (relating to compensation for work-related injuries).

(B) Chapter 171 of title 28 (relating to claims for damages or loss).

(2) A person providing services accepted under subsection (a) of this section shall be considered to be an employee of the Federal Government under paragraph (1) only with respect to services that are within the scope of the services accepted.

(3) For purposes of determining the compensation for work-related injuries payable under chapter 81 of title 5 (pursuant to this subsection) to a person providing services accepted under subsection (a) of this section, the monthly pay of the person for such services shall be deemed to be the amount determined by multiplying—

(A) the average monthly number of hours that the person provided the services, by

(B) the minimum wage determined in accordance with section 206(a)(1) of title 29.

(e) Reimbursement of incidental expenses

The Chairman of the Retirement Board or the Director of the establishment accepting services under subsection (a) of this section may provide for reimbursement of a person for incidental expenses incurred by the person in providing the services accepted under subsection (a) of this section. The Chairman or Director shall determine which expenses qualify for reimbursement under this subsection.

Pub. L. 101–510, div. A, title XV, §1522, as added Pub. L. 104–201, div. A, title X, §1052(a), Sept. 23, 1996, 110 Stat. 2649.

Subchapter II—Transitional Provisions

§431 · Transfer of trust funds relating to Naval Home and Soldiers’ and Airmen's Home

(a) Initial transfer

(1) On November 5, 1990, all monies in the funds named in paragraph (2) shall be transferred to the appropriate account in the Armed Forces Retirement Home Trust Fund, and those funds shall terminate.

(2) The funds referred to in paragraph (1) are the following:

(A) Soldiers’ Home, permanent fund, referred to in paragraph (59) 

(B) Soldiers’ Home, interest fund, referred to in paragraph (81) 

(C) Personal funds of deceased inmates, Naval Home, referred to in paragraph (5) 

(D) Any new category of funds created for the Naval Home or the United States Soldiers’ and Airmen's Home before November 5, 1990.

(b) Subsequent transfers

After the termination of the funds referred to in subsection (a) of this section, any monies that would be deposited into one of those funds but for the termination of that fund under subsection (a) of this section shall be deposited into the Armed Forces Retirement Home Trust Fund.

Pub. L. 101–510, div. A, title XV, §1531, Nov. 5, 1990, 104 Stat. 1732.

Subchapter III—Authorization of Appropriations

§441 · Authorization of appropriations for United States Soldiers’ and Airmen's Home

There is authorized to be appropriated for fiscal year 1991 from the Soldiers’ Home, Permanent Fund, the sum of $53,999,000 for the operation of the United States Soldiers’ and Airmen's Home. This section shall take effect on November 5, 1990.

Pub. L. 101–510, div. A, title XV, §1542, Nov. 5, 1990, 104 Stat. 1736.