Title 24 USCTitle 24 Online@118-34not31 no OLRC 2023-12-19T11:26:59 USCConverter 1.7.2  Title 24 HOSPITALS AND ASYLUMS Current through 118-34not31    Chap. Sec.  1. Navy Hospitals, Army and Navy Hospital, and Hospital Relief for Seamen and Others 1  2. Soldiers and Airmens Home [Repealed] 41  3. National Home for Disabled Volunteer Soldiers 71  4. Saint Elizabeths Hospital 161  5. Columbia Institution for the Deaf [Omitted] 231  6. Freedmens Hospital [Omitted] 261  7. National Cemeteries 271  7A. Private and Commercial Cemeteries [Repealed] 298  8. Gorgas Hospital 301  9. Hospitalization of Mentally Ill Nationals Returned From Foreign Countries 321  10. Armed Forces Retirement Home 401 CHAPTER 1 NAVY HOSPITALS, ARMY AND NAVY HOSPITAL, AND HOSPITAL RELIEF FOR SEAMEN AND OTHERS    Sec.  1 5. Repealed.  6. Pension paid to fund for benefit of naval hospital.  6a. Disposition of amounts deducted from pensions.  7 12. Repealed.  13. Admission of cases for study.  14. Establishment of Navy hospitals.  14a. Annual appropriations for maintenance, operation, and improvement of naval hospitals.  15. Superintendence of Navy hospitals.  16. Allowance of rations to Navy hospitals.  16a. Additional personnel for patients of Department of Veterans Affairs in naval hospitals.  17. Government of Naval Asylum.  18. Rules and regulations for Army and Navy Hospital.  19. Tubercular hospital at Fort Bayard.  20. Discipline of patients at Army and Navy Hospital.  21 29a. Repealed.  30. Payments to donors of blood for persons undergoing treatment at Government expense.  31 33. Repealed.  34. Hospitalization of persons outside continental limits of United States; persons entitled; availability of other facilities; rate of charges; disposition of payments.  35. Limitation of medical, surgical or hospital services.  36. Repealed.  37. Manufacture of products by patients at naval hospitals; ownership of products.  1, 2. Repealed. July 1, 1944, ch. 373 58 Stat. 714   Section 1, acts Mar. 3, 1875, ch. 156,  3 18 Stat. 485 Aug. 14, 1912, ch. 288,  1 37 Stat. 309 section 201 of Title 42  Section 2, R.S.  4801, provided for acceptance of gifts in aid of marine hospitals. See section 219 of Title 42 Editorial Notes Renumbering of Repealing Act Title XIII,  1313, formerly title VI,  611, of act July 1, 1944 act Aug. 13, 1946, ch. 958,  5 60 Stat. 1049 act Feb. 28, 1948, ch. 83,  9(b) 62 Stat. 47 act July 30, 1956, ch. 779,  3(b) 70 Stat. 721 Pub. L. 88581,  4(b) Sept. 4, 1964 78 Stat. 919 Pub. L. 89239,  3(b) Oct. 6, 1965 79 Stat. 931 Pub. L. 91572,  6(b) Dec. 24, 1970 84 Stat. 1506 Pub. L. 92294,  3(b) May 16, 1972 86 Stat. 137 Pub. L. 93154,  2(b)(2) Nov. 16, 1973 87 Stat. 604 Pub. L. 93222,  7(b) Dec. 29, 1973 87 Stat. 936  3 to 5. Repealed. June 15, 1943, ch. 125,  3 57 Stat. 153 July 1, 1943   Section 3, R.S.  1614, 4808, related to deduction from pay of seamen for Navy hospital fund.  Section 4, R.S.  4809, related to fines on seamen appropriated for Navy hospitals.  Section 5, act June 7, 1900, ch. 859 31 Stat. 697  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  Editorial Notes Codification R.S.  4813 derived from act Feb. 26, 1811, ch. 26,  5 2 Stat. 650  6a. Disposition of amounts deducted from pensions  Pensions of inmates of a naval hospital, required by law prior to July 1, 1943 1 1 Pub. L. 101510 ( June 15, 1943, ch. 125,  3 57 Stat. 153 Pub. L. 101510, div. A, title XV,  1533(c)(2) Nov. 5, 1990 104 Stat. 1736  Editorial Notes Amendments 1990 Pub. L. 101510 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101510 Nov. 5, 1990 section 1541(a) of Pub. L. 101510 section 401 of this title Effective Date Act June 15, 1943, ch. 125,  3 57 Stat. 153 July 1, 1943  7 to 12. Repealed. July 1, 1944, ch. 373 58 Stat. 714   Section 7, R.S.  4806; acts Mar. 3, 1875, ch. 156,  4 18 Stat. 485 Aug. 14, 1912, ch. 288,  1 37 Stat. 309 July 26, 1916, ch. 256 39 Stat. 390 July 1, 1939 53 Stat. 1424 section 248 of Title 42  Section 8, acts Aug. 4, 1894, ch. 213 28 Stat. 229 Jan. 28, 1915, ch. 20,  2 38 Stat. 801 July 30, 1937, ch. 545,  2 50 Stat. 548 July 1, 1939 53 Stat. 1424 section 253 of Title 42 Act Jan. 28, 1915, ch. 20,  2 38 Stat. 801 act Aug. 4, 1949, ch. 393,  20 63 Stat. 561  Section 9, act June 23, 1913, ch. 3,  1 38 Stat. 24  Section 10, act July 1, 1918, ch. 113,  1 40 Stat. 694 section 249 of Title 42  Section 11, acts Mar. 3, 1875, ch. 156,  6 18 Stat. 486 Aug. 14, 1912, ch. 288,  1 37 Stat. 309 July 1, 1939 53 Stat. 1424 section 249 of Title 42  Section 11a, R.S.  4805; acts Mar. 3, 1875, ch. 156,  6 18 Stat. 486 July 1, 1939 53 Stat. 1424 section 249 of Title 42  Section 12, R.S.  4804, provided for exclusion of employees on canal boats in coasting trade from hospital care. See section 249 of Title 42 Editorial Notes Renumbering of Repealing Act For renumbering of act July 1, 1944  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 (R.S.  4810; Mar. 4, 1913, ch. 148 37 Stat. 902  Editorial Notes Codification R.S.  4810 derived from acts Feb. 26, 1811, ch. 26,  3 2 Stat. 650 July 10, 1832, ch. 194,  5 4 Stat. 573  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.)  Editorial Notes Codification R.S.  4807 derived from acts Feb. 26, 1811, ch. 26,  1 2 Stat. 650 July 10, 1832, ch. 194,  5 4 Stat. 573  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.)  Editorial Notes Codification R.S.  4812 derived from act Feb. 26, 1811, ch. 26,  5 2 Stat. 650  16a. Additional personnel for patients of Department of Veterans Affairs in naval hospitals  On and after May 29, 1945 ( May 29, 1945, ch. 130,  1 59 Stat. 208 Pub. L. 10254,  13(i)(1) June 13, 1991 105 Stat. 276  Editorial Notes Codification Section is from act May 29, 1945 Amendments 1991 Pub. L. 10254 Statutory Notes and Related Subsidiaries Similar Provisions Similar provisions were contained in the following prior appropriation acts: June 22, 1944, ch. 269,  1 58 Stat. 308 June 26, 1943, ch. 147,  101 57 Stat. 204  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.)  Editorial Notes Codification R.S.  4811 derived from act Feb. 26, 1811, ch. 26,  4 2 Stat. 650  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 61 Stat. 501  Editorial Notes Amendments 1930Act June 18, 1930 Statutory Notes and Related Subsidiaries  Change of Name Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by act July 26, 1947, ch. 343, title II,  205(a) 61 Stat. 501 July 26, 1947 act Aug. 10, 1956, ch. 1041,  53 70A Stat. 641 Aug. 10, 1956 Executive Documents  Ex. Ord. No. 10272. Delegation of Authority to the Secretary of the Army Ex. Ord. No. 10272, July 10, 1951 By virtue of the authority vested in me by section 1 of the act of August 8, 1950 64 Stat. 419 section 301 of Title 3 section 1 of the act of June 30, 1882 22 Stat. 117 Provided August 25, 1892 October 23, 1934   Harry S. Truman.  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  Statutory Notes and Related Subsidiaries Repeals Act July 1, 1944, ch. 373, title XIII,  1313 58 Stat. 714 Aug. 13, 1946, ch. 958,  5 60 Stat. 1049 Feb. 28, 1948, ch. 83,  9(b) 62 Stat. 47 July 30, 1956, ch. 779,  3(b) 70 Stat. 721 Pub. L. 88581,  4(b) Sept. 4, 1964 78 Stat. 919 Pub. L. 89239,  3(b) Oct. 6, 1965 79 Stat. 931 Pub. L. 91572,  6(b) Dec. 24, 1970 84 Stat. 1506 Pub. L. 92294,  3(b) May 16, 1972 86 Stat. 137 act Mar. 3, 1919, ch. 98,  3 40 Stat. 1303  21. Repealed. June 12, 1948, ch. 450,  4 62 Stat. 380   Section, act May 12, 1917, ch. 12 40 Stat. 58  21a to 25. Repealed. Pub. L. 101510, div. A, title XV,  1532(a) Nov. 5, 1990 104 Stat. 1732   Section 21a, act Aug. 2, 1946, ch. 756,  11 60 Stat. 854  Section 21b, act June 26, 1934, ch. 756,  9 48 Stat. 1229  Section 22, act June 30, 1914, ch. 130 38 Stat. 398  Section 23, act June 30, 1914, ch. 130 38 Stat. 398  Section 24, act Mar. 4, 1917, ch. 180 39 Stat. 1175  Section 25, act Aug. 22, 1912, ch. 335 37 Stat. 334 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective one year after Nov. 5, 1990 section 1541(a) of Pub. L. 101510 section 401 of this title  26 to 28. Repealed. July 1, 1944, ch. 373 58 Stat. 714   Section 26, acts Mar. 3, 1919, ch. 98,  1 40 Stat. 1302 Aug. 9, 1921, ch. 57,  7 42 Stat. 149 July 3, 1930, ch. 863,  1 46 Stat. 1016 section 763c of Title 33  Section 26a, R.S.  4803; acts June 26, 1884, ch. 121,  15 23 Stat. 57 Mar. 3, 1905, ch. 1484,  1 33 Stat. 1217 Aug. 14, 1912, ch. 288,  1 37 Stat. 309 July 1, 1939 53 Stat. 1424 section 249 of Title 42  Section 27, act Mar. 3, 1919, ch. 98,  2 40 Stat. 1302 section 248 of Title 42  Section 28, acts Mar. 3, 1919, ch. 98,  3 40 Stat. 1303 Mar. 4, 1921, ch. 156 41 Stat. 1365 Editorial Notes Renumbering of Repealing Act For renumbering of act July 1, 1944  29, 29a. Repealed. Oct. 31, 1951, ch. 654,  1(45) 65 Stat. 703   Section 29, acts Mar. 15, 1920, ch. 100,  1 41 Stat. 530 Mar. 4, 1921, ch. 156 41 Stat. 1365  Section 29a, acts Mar. 15, 1920, ch. 100,  4 41 Stat. 531 Mar. 4, 1921, ch. 156 41 Stat. 1365  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 ( Feb. 9, 1927, ch. 91 44 Stat. 1066 June 2, 1939, ch. 173 53 Stat. 803 July 30, 1941, ch. 332 55 Stat. 609  Editorial Notes Amendments 1941Act July 30, 1941 1939Act June 2, 1939  31. Repealed. Aug. 10, 1956, ch. 1041,  53 70A Stat. 641   Section, act Jan. 19, 1929, ch. 85 45 Stat. 1090 section 6201 of Title 10  32, 33. Repealed. June 7, 1956, ch. 374,  306(2) 70 Stat. 254   Section 32, act May 10, 1943, ch. 95,  2 57 Stat. 80  Section 33, act May 10, 1943, ch. 95,  3 57 Stat. 81 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective six months after June 7, 1956 act June 7, 1956, ch. 374 70 Stat. 254 Repeal of Appropriations Act May 10, 1943, ch. 95,  1 57 Stat. 80 section 32 of this title June 7, 1956  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 1 1 ( May 10, 1943, ch. 95,  4 57 Stat. 81  Editorial Notes  References in Text Section 32 of this title act June 7, 1956, ch. 374,  306(2) 70 Stat. 254 Executive Documents  Delegation of Functions Authority of President under this section to prescribe from time to time uniform rates of charges for hospitalization and dispensary services delegated to Secretary of Defense, provided, that authority hereby delegated may not be redelegated to any officer in Department of the Navy, Department of the Air Force, or Department of the Army, see Ex. Ord. No. 11609,  5, July 22, 1971 section 301 of Title 3  Executive Order No. 11116 Ex. Ord. No. 11116, Aug. 5, 1963 June 28, 1965 Feb. 25, 1986  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 section 34 of this title ( May 10, 1943, ch. 95,  5 57 Stat. 81 Pub. L. 99251, title III,  304 Feb. 27, 1986 100 Stat. 26  Editorial Notes Amendments 1986 Pub. L. 99251 Statutory Notes and Related Subsidiaries Partial Repeal; Effective Date Act June 7, 1956, ch. 374,  306(2) 70 Stat. 254 section 34 of this title act June 7, 1956, ch. 374 70 Stat. 254 June 7, 1956  36. Repealed. June 7, 1956, ch. 374,  306(2) 70 Stat. 254   Section, act May 10, 1943, ch. 95,  6 57 Stat. 41 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective six months after June 7, 1956 act June 7, 1956, ch. 374 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  Statutory Notes and Related Subsidiaries  Delegation of Powers and Authority Act Aug. 2, 1946, ch. 756,  39 60 Stat. 858 act Aug. 10, 1956, ch. 1041,  53 70A Stat. 641 section 21a of this title CHAPTER 2 SOLDIERS AND AIRMENS HOME  41 to 43. Repealed. Pub. L. 101510, div. A, title XV,  1532(b)(1) Nov. 5, 1990 104 Stat. 1733   Section 41, R.S.  4815; Mar. 3, 1883, ch. 130,  10 22 Stat. 565 Mar. 4, 1909, ch. 299,  1 35 Stat. 1004 May 11, 1926, ch. 285 44 Stat. 499 July 26, 1947, ch. 343 61 Stat. 501  Section 42, acts Mar. 4, 1909, ch. 299,  1 35 Stat. 1004 May 11, 1926, ch. 285 44 Stat. 499 July 26, 1947, ch. 343 61 Stat. 501  Section 43, R.S.  4816; Mar. 3, 1883, ch. 130,  7 22 Stat. 565 June 6, 1972 Pub. L. 92310, title II,  228(a) 86 Stat. 207 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective one year after Nov. 5, 1990 section 1541(a) of Pub. L. 101510 section 401 of this title Authority for Exemption of Certain Physicians at Soldiers and Airmens Home From Reductions in Retired Pay Pub. L. 99145, title XVI,  1625 Nov. 8, 1985 99 Stat. 778 5 U.S.C. 5332(a) Pub. L. 102190, div. A, title X,  1063(c) Dec. 5, 1991 105 Stat. 1476  44. Repealed. Pub. L. 101189, div. A, title III,  347(1) Nov. 29, 1989 103 Stat. 1422   Section, R.S.  4818; Sept. 24, 1980 Pub. L. 96357,  7(a) 94 Stat. 1183 section 2772 of Title 10  44a. Repealed. Pub. L. 94454,  2(b) Oct. 2, 1976 90 Stat. 1518   Section, act Feb. 13, 1936, ch. 66 49 Stat. 1137  44b. Repealed. Pub. L. 101510, div. A, title XV,  1532(b)(4) Nov. 5, 1990 104 Stat. 1733   Section, Pub. L. 94454,  1 Oct. 2, 1976 90 Stat. 1518 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective one year after Nov. 5, 1990 section 1541(a) of Pub. L. 101510 section 401 of this title  44c. Repealed. Pub. L. 101189, div. A, title III,  347(4) Nov. 29, 1989 103 Stat. 1422   Section, Pub. L. 94454,  2(a) Oct. 2, 1976 90 Stat. 1518 section 1007(i) of Title 37  45 to 46b. Repealed. Pub. L. 101510, div. A, title XV,  1532(b)(1) Nov. 5, 1990 104 Stat. 1733   Section 45, R.S.  4819; June 12, 1906, ch. 3078 34 Stat. 242 May 11, 1908, ch. 163 35 Stat. 110 Nov. 29, 1989 Pub. L. 101189, div. A, title III,  347(1) 103 Stat. 1422  Section 46, acts Mar. 3, 1883, ch. 130,  8 22 Stat. 565 July 26, 1947, ch. 343 61 Stat. 501 Dec. 15, 1973 Pub. L. 93185 87 Stat. 712  Section 46a, act Apr. 9, 1935, ch. 54, title II 49 Stat. 147  Section 46b, act July 19, 1937, ch. 511 50 Stat. 519 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective one year after Nov. 5, 1990 section 1541(a) of Pub. L. 101510 section 401 of this title  47. Repealed. Pub. L. 101189, div. A, title III,  347(3) Nov. 29, 1989 103 Stat. 1422   Section, acts Jan. 16, 1891, ch. 74 26 Stat. 718 May 29, 1920, ch. 214 41 Stat. 655  48 to 50. Repealed. Pub. L. 101510, div. A, title XV,  1532(b)(1) Nov. 5, 1990 104 Stat. 1733   Section 48, act Mar. 3, 1883, ch. 130,  9 22 Stat. 565  Section 49, R.S.  4814, 4821, related to persons entitled to membership in and benefits of Soldiers Home.  Section 50, R.S.  4822, related to persons excluded from benefits of Soldiers Home. Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective one year after Nov. 5, 1990 section 1541(a) of Pub. L. 101510 section 401 of this title  51 to 53. Repealed. Pub. L. 101189, div. A, title III,  347(1) Nov. 29, 1989 103 Stat. 1422   Section 51, R.S.  4820, related to rights of pensioners and surrender of pensions while remaining in Home.  Section 52, acts Mar. 3, 1883, ch. 130,  4 22 Stat. 564 Aug. 17, 1912, ch. 301,  1 37 Stat. 312 July 3, 1930, ch. 863,  1 46 Stat. 1016 Nov. 8, 1985 Pub. L. 99145, title XIII,  1301(f) 99 Stat. 737  Section 53, R.S.  4823, related to discharge from Home and return to military service.  54. Repealed. Pub. L. 101510, div. A, title XV,  1532(b)(1) Nov. 5, 1990 104 Stat. 1733   Section, R.S.  4824, related to coverage of inmates by Articles of War. See section 801 et seq. of Title 10, Armed Forces. Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective one year after Nov. 5, 1990 section 1541(a) of Pub. L. 101510 section 401 of this title  55 to 57. Repealed. Pub. L. 101189, div. A, title III,  347(2) Nov. 29, 1989 103 Stat. 1422   Section 55, act Mar. 3, 1883, ch. 130,  5 22 Stat. 565  Section 56, act Mar, 3, 1883, ch. 130,  6, 22 Stat. 565  Section 57, act Mar. 3, 1883, ch. 130,  3 22 Stat. 564  58. Repealed. Aug. 10, 1956, ch. 1041,  53 70A Stat. 641   Section, acts June 4, 1897, ch. 2,  1 30 Stat. 54 June 28, 1950, ch. 383 64 Stat. 272  59. Repealed. Pub. L. 101510, div. A, title XV,  1532(b)(2) Nov. 5, 1990 104 Stat. 1733   Section, acts Mar. 3, 1883, ch. 130,  1 22 Stat. 564 July 26, 1947, ch. 343 61 Stat. 501 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective one year after Nov. 5, 1990 section 1541(a) of Pub. L. 101510 section 401 of this title  60. Repealed. Pub. L. 101189, div. A, title III,  347(2) Nov. 29, 1989 103 Stat. 1422   Section, acts Mar. 3, 1883, ch. 130,  2 22 Stat. 564 Jan. 27, 1948, ch. 35 62 Stat. 5 CHAPTER 3 NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS    SUBCHAPTER IESTABLISHMENT AND MANAGEMENT  Sec.  71 84. Repealed or Omitted.  SUBCHAPTER IIOFFICERS AND EMPLOYEES  91 97. Repealed or Omitted.  SUBCHAPTER IIIFUNDS AND ACCOUNTS  111 123. Repealed.  SUBCHAPTER IVBENEFICIARIES AND PENSIONS  131 139. Repealed or Omitted.  SUBCHAPTER VBATTLE MOUNTAIN SANITARIUM RESERVE  151. Battle Mountain Sanitarium Reserve; establishment; rights to lands, not affected.  152. Name; control, rules and regulations.  153. Perfecting bona fide claims to lands; exchange of private lands.  154. Unlawful intrusion, or violation of rules and regulations. SUBCHAPTER I ESTABLISHMENT AND MANAGEMENT  71 to 77a. Repealed. Pub. L. 85857,  14(1) Sept. 2, 1958 72 Stat. 1268   Section 71, R.S.  4825, related to organization of National Home for Disabled Volunteer Soldiers.  Section 72, act July 1, 1916, ch. 209,  1 39 Stat. 297  Section 73, R.S.  4826; act June 7, 1924, ch. 291, title II 43 Stat. 518  Acts Mar. 2, 1887, ch. 316,  4 24 Stat. 44 Mar. 3, 1891 26 Stat. 117 June 23, 1913, ch. 3,  1 38 Stat. 43 Oct. 19, 1914 38 Stat. 780 section 73 of this title Pub. L. 85857,  14(8) Sept. 2, 1958 72 Stat. 1269  Section 74, R.S.  4827; act June 7, 1924, ch. 291, title II 43 Stat. 518  Section 75, act Aug. 18, 1894, ch. 301,  1 28 Stat. 412  Section 76, R.S.  4834; acts Mar. 3, 1885, ch. 360 23 Stat. 510 Mar. 3, 1887, ch. 362 24 Stat. 539  Section 77, R.S.  4830, related to sites for military homes and to the purchase and erection of buildings.  Section 77a, act Feb. 20, 1929, ch. 272,  1 45 Stat. 1248 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1959 section 2 of Pub. L. 85857  78. Repealed. Pub. L. 8556, title XXII,  2202(58) June 17, 1957 71 Stat. 164   Section, act July 19, 1897, ch. 1 30 Stat. 121 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1958 section 2301 of Pub. L. 8556 June 17, 1957 71 Stat. 172  79. Omitted  Editorial Notes Codification Section, act Mar. 3, 1901, ch. 853,  1 31 Stat. 1175  80 to 82. Repealed. Pub. L. 85857,  14(3) Sept. 2, 1958 72 Stat. 1268   Section 80, act Mar. 3, 1879, ch. 182,  1 20 Stat. 390  Section 81, act July 1, 1898, ch. 546,  1 30 Stat. 640  Section 82, act June 11, 1896, ch. 420,  1 29 Stat. 445 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1959 section 2 of Pub. L. 85857  83. Repealed. Aug. 10, 1956, ch. 1041,  53 70A Stat. 641   Section, acts Feb. 8, 1889, ch. 116 25 Stat. 657 May 26, 1900, ch. 586 31 Stat. 216  84. Repealed. Pub. L. 85857,  14(16) Sept. 2, 1958 72 Stat. 1269   Section, act Aug. 18, 1894, ch. 301,  1 28 Stat. 412 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1959 section 2 of Pub. L. 85857 SUBCHAPTER II OFFICERS AND EMPLOYEES  91. Repealed. Pub. L. 85857,  14(1) Sept. 2, 1958 72 Stat. 1268   Section, R.S.  4829; acts Apr. 11, 1892, ch. 40 27 Stat. 15 Feb. 9, 1897, ch. 205 29 Stat. 517 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1959 section 2 of Pub. L. 85857  92. Repealed. Pub. L. 8556, title XXII,  2202(66) June 17, 1957 71 Stat. 162   Section, act June 28, 1902, ch. 1301,  1 32 Stat. 472 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1958 section 2301 of Pub. L. 8556 June 17, 1957 71 Stat. 172  93 to 96. Repealed. Pub. L. 85857,  14(16) Sept. 2, 1958 72 Stat. 1269   Section 93, act Aug. 18, 1894, ch. 301,  1 28 Stat. 412  Section 94, act Aug. 18, 1894, ch. 301,  1 28 Stat. 412  Section 95, act June 6, 1900, ch. 791,  1 31 Stat. 636  Act July 1, 1898, ch. 546 30 Stat. 597 section 95 of this title Pub. L. 85857,  14(20) Sept. 2, 1958 72 Stat. 1270  Section 96, act Mar. 3, 1901, ch. 853,  1 31 Stat. 1178 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1959 section 2 of Pub. L. 85857  97. Omitted  Editorial Notes Codification Section, act Mar. 3, 1887, ch. 362 24 Stat. 540 SUBCHAPTER III FUNDS AND ACCOUNTS  111 to 123. Repealed. Pub. L. 85857,  14(1) Sept. 2, 1958 72 Stat. 12681271   Section 111, R.S.  4831; act Mar. 3, 1875, ch. 129,  1 18 Stat. 359  Section 112, act Aug. 18, 1894, ch. 301,  1 28 Stat. 412  Section 113, act Mar. 2, 1923, ch. 178, title II 42 Stat. 1424  Acts June 30, 1922, ch. 253 42 Stat. 763 Mar. 2, 1923, ch. 178 42 Stat. 1424 section 113 of this title Pub. L. 85857,  14(44) Sept. 2, 1958 72 Stat. 1271  Section 114, act June 6, 1900, ch. 785,  1 31 Stat. 294  Section 115, act Mar. 3, 1903, ch. 1007,  1 32 Stat. 1137  Section 116, act Mar. 3, 1915, ch. 75,  1 38 Stat. 850  Section 117, act July 9, 1886, ch. 756,  2 24 Stat. 129  Section 118, act Mar. 3, 1893, ch. 210,  1 27 Stat. 653  Section 119, act Aug. 18, 1894, ch. 301,  1 28 Stat. 411  Section 120, acts Mar. 3, 1887, ch. 362 24 Stat. 539 June 10, 1921, ch. 18,  304 42 Stat. 24  Section 121, acts Mar. 3, 1901, ch. 853,  1 31 Stat. 1178 June 10, 1921, ch. 18,  304 42 Stat. 24  Section 122, act Mar. 3, 1875, ch. 129,  1 18 Stat. 359  Section 123, acts Aug. 5, 1892, ch. 380,  1 27 Stat. 384 June 10, 1921, ch. 18,  304 42 Stat. 24 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1959 section 2 of Pub. L. 85857 SUBCHAPTER IV BENEFICIARIES AND PENSIONS  131. Repealed. Pub. L. 85857,  14(49) Sept. 2, 1958 72 Stat. 1271   Section, acts June 7, 1924, ch. 291 43 Stat. 519 Mar. 26, 1928, ch. 245 45 Stat. 366  Section 14(49)(A) of Pub. L. 85857 June 7, 1924 Mar. 26, 1928 section 131 of this title  Acts May 26, 1900, ch. 586 31 Stat. 217 Jan. 28, 1901, ch. 184,  5 31 Stat. 745 May 27, 1908, ch. 200,  1 35 Stat. 372 Mar. 4, 1909, ch. 209,  1 35 Stat. 212 Mar. 3, 1915, ch. 75,  1 38 Stat. 853 Oct. 6, 1917, ch. 79,  1 40 Stat. 368 June 5, 1920, ch. 235,  1 41 Stat. 905 section 131 of this title Pub. L. 85857,  14(21) Sept. 2, 1958 72 Stat. 1270 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1959 section 2 of Pub. L. 85857  131a, 131b. Omitted  Editorial Notes Codification Section 131a, act Feb. 20, 1929, ch. 272,  2 45 Stat. 1248 act July 3, 1939, ch. 863 46 Stat. 1016 Section 131b, act Mar. 4, 1927, ch. 504,  2 44 Stat. 1421  132. Repealed. Pub. L. 8556, title XXII,  2202(100) June 17, 1957 71 Stat. 166   Section, act June 5, 1920, ch. 235,  1 41 Stat. 905 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1958 section 2301 of Pub. L. 8556 June 17, 1957 71 Stat. 172  133 to 135. Repealed. Pub. L. 85857,  14(1) Sept. 2, 1958 72 Stat. 1268   Section 133, R.S.  4833; acts Aug. 23, 1894, ch. 316,  1 28 Stat. 492 May 29, 1928, ch. 901,  1(123) 45 Stat. 995  Section 134, acts Aug. 27, 1888, ch. 914,  1 25 Stat. 450 Mar. 2, 1889, ch. 411 25 Stat. 975 Jan. 27, 1920, ch. 56 41 Stat. 399 Feb. 12, 1925, ch. 225 43 Stat. 933 Apr. 15, 1926, ch. 146 44 Stat. 294 Feb. 23, 1927, ch. 167 44 Stat. 1145 Dec. 22, 1927, ch. 5,  1 45 Stat. 39 Mar. 23, 1928, ch. 232,  1 45 Stat. 363 Feb. 28, 1929, ch. 366 45 Stat. 1385 May 28, 1930, ch. 348 46 Stat. 466 July 3, 1930, ch. 863,  2 46 Stat. 1016 Feb. 23, 1931, ch. 281,  1 46 Stat. 1375 June 30, 1932, ch. 330,  1 47 Stat. 472 Aug. 1, 1939, ch. 408,  1 53 Stat. 1145 Dec. 17, 1943, ch. 347,  1 57 Stat. 603 May 18, 1948, ch. 299,  1 62 Stat. 237 Sept. 23, 1950, ch. 1003 64 Stat. 981 Aug. 21, 1954, ch. 782,  1 68 Stat. 757  Acts Aug. 1, 1939, ch. 408,  2 53 Stat. 1145 Dec. 17, 1943, ch. 347,  2 57 Stat. 603 May 18, 1948, ch. 299,  2 62 Stat. 237 Aug. 21, 1954, ch. 782,  2 68 Stat. 757 section 134 of this title Pub. L. 85857,  14(74) Sept. 2, 1958 72 Stat. 1272  Section 135, act June 7, 1924, ch. 295,  2 43 Stat. 534 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1959 section 2 of Pub. L. 85857  136. Repealed. Pub. L. 8556, title XXII,  2202(1) June 17, 1957 71 Stat. 162   Section, acts June 25, 1910, ch. 384 36 Stat. 736 Dec. 26, 1941, ch. 634 55 Stat. 868 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1958 section 2301 of Pub. L. 8556 June 17, 1957 71 Stat. 172  137. Repealed. July 3, 1930, ch. 863,  7 46 Stat. 1018   Section, R.S.  4835, related to application of Articles of War to inmates of National Home for Disabled Volunteer Soldiers.  138, 139. Repealed. Pub. L. 85857,  14(4) Sept. 2, 1958 72 Stat. 1269   Section 138, acts Feb. 26, 1881, ch. 80,  2 21 Stat. 350 Aug. 7, 1882, ch. 433,  1 22 Stat. 322 Aug. 17, 1912, ch. 301,  1 37 Stat. 312  Section 139, act July 1, 1902, ch. 1351,  1 32 Stat. 564 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1959 section 2 of Pub. L. 85857 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 ( 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. 10254,  13(i)(2) June 13, 1991 105 Stat. 276  Editorial Notes Amendments 1991 Pub. L. 10254  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 Provided ( 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 IESTABLISHMENT AND MANAGEMENT; PENSIONS, MONEYS, AND APPROPRIATIONS  Sec.  161 168a. Repealed or Omitted.  168b. Computation of maximum amount available from Federal sources.  169 170. Repealed.  170a. Maximum amount available from Federal sources.  171 185. Repealed.  SUBCHAPTER IIINMATES; BURDEN OF EXPENSES THEREOF; DETENTION OF INSANE  191 222. Repealed or Omitted.  SUBCHAPTER IIIMENTAL HEALTH SERVICE FOR DISTRICT OF COLUMBIA  225. Findings and purposes.  225a. Definitions.  225b. Development of plan for mental health system for the District.  225c. Congressional review of system implementation plan.  225d. Transition provisions for employees of Hospital.  225e. Conditions of employment for former employees of Hospital.  225f. Property transfer.  225g. Financing provisions.  225h. Buy American provisions. SUBCHAPTER I ESTABLISHMENT AND MANAGEMENT; PENSIONS, MONEYS, AND APPROPRIATIONS  161. Repealed. Pub. L. 98621,  10(a) Nov. 8, 1984 98 Stat. 3379   Section, R.S.  4838; July 1, 1916, ch. 209 39 Stat. 309 July 16, 1946 60 Stat. 1098 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  162, 163. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 632   Section 162, R.S.  4840; July 1, 1916, ch. 209,  1 39 Stat. 309  Section 163, R.S.  4841, related to selection of president of Board of Visitors for St. Elizabeths Hospital.  164, 165. Repealed. Pub. L. 98621,  10(a) Nov. 8, 1984 98 Stat. 3379   Section 164, R.S.  4842; July 1, 1916, ch. 209 39 Stat. 309 June 30, 1940 54 Stat. 1236  Section 165, R.S.  4839; Feb. 2, 1909, ch. 58,  1 35 Stat. 592 Mar. 4, 1911, ch. 285 36 Stat. 1422 Aug. 17, 1912, ch. 301 37 Stat. 312 July 1, 1916, ch. 209 39 Stat. 309 June 30, 1940 54 Stat. 1236 July 16, 1946 60 Stat. 1096 Apr. 11, 1953 67 Stat. 631 June 6, 1972 Pub. L. 92310, title II,  228(b) 86 Stat. 207 Dec. 19, 1977 Pub. L. 95215,  9 91 Stat. 1508 Oct. 17, 1979 Pub. L. 9688, title V,  509(b) 93 Stat. 695 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  165a. Omitted  Editorial Notes Codification Section, Pub. L. 98139, title II Oct. 31, 1983 97 Stat. 881 section 165 of this title Oct. 1, 1987 Pub. L. 98621 Nov. 8, 1984 98 Stat. 3369  166. Repealed. Pub. L. 98621,  10(b) Nov. 8, 1984 98 Stat. 3379   Section, acts June 5, 1920, ch. 235 41 Stat. 920 June 6, 1972 Pub. L. 92310, title II,  228(c) 86 Stat. 207 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  167. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 644   Section, act July 19, 1919, ch. 24 41 Stat. 205  168. Repealed. Pub. L. 98621,  10(c) Nov. 8, 1984 98 Stat. 3379   Section, acts Mar. 6, 1920, ch. 94 41 Stat. 513 June 10, 1921, ch. 18 42 Stat. 24 June 30, 1940 54 Stat. 1236 Apr. 11, 1953 67 Stat. 631 Oct. 17, 1979 Pub. L. 9688, title V,  509(b) 93 Stat. 695 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  168a. Repealed. Pub. L. 98621,  10(d)(1) Nov. 8, 1984 98 Stat. 3379   Section, act Aug. 4, 1947, ch. 478,  2 61 Stat. 751 July 1, 1970 84 Stat. 2085 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  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 1 1 31 U.S.C. 1535 42 U.S.C. 249 ( Pub. L. 100436, title II Sept. 20, 1988 102 Stat. 1693  Editorial Notes  References in Text Sections 191, 196, 211, 212, and 222 of this title, referred to in text, were repealed by Pub. L. 98621,  10(a) Nov. 8, 1984 98 Stat. 3379 Section 253 of this title This heading, referred to in text, refers to the headings  Alcohol, Drug Abuse, and Mental Health Administration federal subsidy for saint elizabeths hospital Pub. L. 100436 Codification Section is from the appropriation act cited as the credit to this section. Statutory Notes and Related Subsidiaries Similar Provisions Similar provisions were contained in the following prior appropriation acts: Pub. L. 100202,  101(h) [title II] Dec. 22, 1987 101 Stat. 1329256 Pub. L. 99500,  101(i) [H.R. 5233, title II] Oct. 18, 1986 100 Stat. 1783287 Pub. L. 99591,  101(i) [H.R. 5233, title II] Oct. 30, 1986 100 Stat. 3341287 Pub. L. 99178, title II Dec. 12, 1985 99 Stat. 1113 Pub. L. 98619, title II Nov. 8, 1984 98 Stat. 3314 Pub. L. 98139, title II Oct. 31, 1983 97 Stat. 881 Pub. L. 97377, title I,  101(e)(1) [title II] Dec. 21, 1982 96 Stat. 1878  169, 169a. Repealed. Pub. L. 98621,  10(d)(1) Nov. 8, 1984 98 Stat. 3379   Section 169, act Aug. 4, 1947, ch. 478,  3 61 Stat. 751  July 8, 1947, ch. 210 61 Stat. 272  July 26, 1946, ch. 672 60 Stat. 693  July 3, 1945, ch. 263 59 Stat. 372  June 28, 1944, ch. 302 58 Stat. 561  July 12, 1943, ch. 221 57 Stat. 509  July 2, 1942, ch. 475 56 Stat. 585  July 1, 1941, ch. 269 55 Stat. 493  June 18, 1940, ch. 395 54 Stat. 460  May 10, 1939, ch. 119 53 Stat. 737  May 9, 1938, ch. 187 52 Stat. 341  Aug. 9, 1937, ch. 570 50 Stat. 615  June 22, 1936, ch. 691 49 Stat. 1802  May 9, 1935, ch. 101 49 Stat. 215  Mar. 2, 1934, ch. 38 48 Stat. 394  Feb. 17, 1933, ch. 98 47 Stat. 856  Apr. 22, 1932, ch. 125 47 Stat. 131  Feb. 14, 1931, ch. 187 46 Stat. 1159  May 14, 1930, ch. 273 46 Stat. 324  Mar. 4, 1929, ch. 705 45 Stat. 1605  Mar. 7, 1928, ch. 137 45 Stat. 242  Jan. 12, 1927, ch. 27 44 Stat. 970  May 10, 1926, ch. 277 44 Stat. 494  Mar. 3, 1925, ch. 462 43 Stat. 1183  June 5, 1924, ch. 264 43 Stat. 429  Section 169a, acts Aug. 4, 1947, ch. 478,  4 61 Stat. 751 Apr. 11, 1953 67 Stat. 631 Oct. 17, 1979 Pub. L. 9688, title V,  509(b) 93 Stat. 695 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  170. Repealed. Pub. L. 98621,  10(a) Nov. 8, 1984 98 Stat. 3379   Section, R.S.  4858; July 1, 1916, ch. 209 39 Stat. 309 June 30, 1940 54 Stat. 1236 Apr. 11, 1953 67 Stat. 631 Oct. 17, 1979 Pub. L. 9688, title V,  509(b) 93 Stat. 695 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  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 section 9(c) of Public Law 98621 ( Pub. L. 100436, title II Sept. 20, 1988 102 Stat. 1693  Editorial Notes  References in Text The appropriations made under this heading, referred to in text, refers to appropriations under the headings Alcohol, Drug Abuse, and Mental Health Administration federal subsidy for saint elizabeths hospital Pub. L. 100436 The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42 Section 9(c) of Public Law 98621 section 9(c) of Pub. L. 98621 Nov. 8, 1984 98 Stat. 3378 section 225g(c) of this title Codification Section is from the appropriation act cited as the credit to this section. Statutory Notes and Related Subsidiaries Similar Provisions Similar provisions were contained in the following prior appropriation acts: Pub. L. 100202,  101(h) [title II] Dec. 22, 1987 101 Stat. 1329256 Pub. L. 99500,  101(i) [H.R. 5233, title II] Oct. 18, 1986 100 Stat. 1783287 Pub. L. 99591,  101(i) [H.R. 5233, title II] Oct. 30, 1986 100 Stat. 3341287 Pub. L. 99178, title II Dec. 12, 1985 99 Stat. 1113  171. Repealed. Pub. L. 98621,  10(e) Nov. 8, 1984 98 Stat. 3379   Section, acts Aug. 24, 1912, ch. 355 37 Stat. 461 July 1, 1916, ch. 209 39 Stat. 309 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  172. Repealed. Pub. L. 98621,  10(f)(1) Nov. 8, 1984 98 Stat. 3380   Section, act Aug. 7, 1882, ch. 433 22 Stat. 330 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  173, 174. Repealed. June 30, 1949, ch. 288 63 Stat. 400 July 1, 1949 Sept. 5, 1950, ch. 849,  6(a) 64 Stat. 583   Section 173, act Aug. 1, 1914, ch. 223 38 Stat. 649  Section 174, act June 12, 1917, ch. 27 40 Stat. 153  175. Repealed. Pub. L. 98621,  10(g) Nov. 8, 1984 98 Stat. 3380   Section, act Apr. 17, 1917, ch. 3 40 Stat. 19 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  176. Repealed. Pub. L. 98621,  10(c) Nov. 8, 1984 98 Stat. 3379   Section, acts Mar. 6, 1920, ch. 94 41 Stat. 513 June 30, 1940 54 Stat. 1236 Apr. 11, 1953 67 Stat. 631 Oct. 17, 1979 Pub. L. 9688, title V,  509(b) 93 Stat. 695 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  177. Repealed. Pub. L. 98621,  10(h) Nov. 8, 1984 98 Stat. 3380   Section, acts June 30, 1906, ch. 3914 34 Stat. 730 Feb. 2, 1909, ch. 58,  1 35 Stat. 592 July 1, 1916, ch. 209 39 Stat. 309 June 30, 1940 54 Stat. 1236 Apr. 11, 1953 67 Stat. 631 Oct. 17, 1979 Pub. L. 9688, title V,  509(b) 93 Stat. 695 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  178. Repealed. Oct. 31, 1951, ch. 654,  1(46) 65 Stat. 703   Section, act Oct. 6, 1917, ch. 79 40 Stat. 373  179. Repealed. Aug. 7, 1946, ch. 770,  1(59) 60 Stat. 871   Section, acts June 4, 1880, ch. 121 21 Stat. 156 July 1, 1916, ch. 209 39 Stat. 309  Prior to this repeal, 1940 Reorg. Plan No. IV,  11(a), eff. June 30, 1940 54 Stat. 1236  180. Repealed. Pub. L. 98621,  10(i) Nov. 8, 1984 98 Stat. 3380   Section, acts May 9, 1941, ch. 101 55 Stat. 186 Apr. 11, 1953 67 Stat. 631 Oct. 17, 1979 Pub. L. 9688, title V,  509(b) 93 Stat. 695 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  181 to 184. Repealed. Pub. L. 98621,  10(j) Nov. 8, 1984 98 Stat. 3380   Section 181, acts Nov. 7, 1941, ch. 469,  1 55 Stat. 760 Apr. 11, 1953 67 Stat. 631 Oct. 17, 1979 Pub. L. 9688, title V,  509(b) 93 Stat. 695  Section 182, act Nov. 7, 1941, ch. 469,  2 55 Stat. 760  Section 183, act Nov. 7, 1941, ch. 469,  3 55 Stat. 761 section 181 of this title  Section 184, acts Nov. 7, 1941, ch. 469,  4 55 Stat. 761 Apr. 11, 1953 67 Stat. 631 Oct. 17, 1979 Pub. L. 9688, title V,  509(b) 93 Stat. 695 section 181 of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  185. Repealed. Pub. L. 98621,  10(d)(1) Nov. 8, 1984 98 Stat. 3379   Section, acts Aug. 4, 1947, ch. 478,  5 61 Stat. 751 Apr. 11, 1953 67 Stat. 631 Oct. 17, 1979 Pub. L. 9688, title V,  509(b) 93 Stat. 695 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title SUBCHAPTER II INMATES; BURDEN OF EXPENSES THEREOF; DETENTION OF INSANE  191. Repealed. Pub. L. 98621,  10(a) Nov. 8, 1984 98 Stat. 3379   Section, R.S.  4843; Feb. 9, 1900, ch. 13 31 Stat. 7 Aug. 24, 1912, ch. 391,  3 37 Stat. 591 Oct. 15, 1966 Pub. L. 89670,  6(b) 80 Stat. 938 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  191a. Repealed. Pub. L. 86571,  10(a) July 5, 1960 74 Stat. 310   Section, act Oct. 29, 1941, ch. 462 55 Stat. 756 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 86571,  10 July 5, 1960 74 Stat. 310 section 196a of this title  192. Repealed. Pub. L. 98621,  10(k) Nov. 8, 1984 98 Stat. 3380   Section, acts July 1, 1916, ch. 209 39 Stat. 309 Aug. 29, 1916, ch. 417 39 Stat. 558 Oct. 6, 1917, ch. 79 40 Stat. 373 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  193. Repealed. July 1, 1944, ch. 373 58 Stat. 714   Section, acts Mar. 3, 1875, ch. 156,  5 18 Stat. 486 July 1, 1902, ch. 1370,  1 32 Stat. 712 Aug. 14, 1912, ch. 288,  1 37 Stat. 309 July 1, 1916, ch. 209 39 Stat. 309 July 1, 1918, ch. 113 40 Stat. 644 July 1, 1939 53 Stat. 1424 June 30, 1940 54 Stat. 1236 section 222 of Title 42 Editorial Notes Renumbering of Repealing Act For renumbering of act July 1, 1944  194. Repealed. Pub. L. 98621,  10(l) Nov. 8, 1984 98 Stat. 3380   Section, acts July 7, 1884, ch. 332 23 Stat. 213 July 1, 1916, ch. 209 39 Stat. 309 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  195. Repealed. Pub. L. 98621,  10(f)(2) Nov. 8, 1984 98 Stat. 3380   Section, acts Aug. 7, 1882, ch. 433 22 Stat. 330 Feb. 20, 1905, ch. 593 33 Stat. 731 July 1, 1916, ch. 209 39 Stat. 309 July 3, 1930, ch. 863,  2 46 Stat. 1016 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  195a. Repealed. Pub. L. 98621,  10(d)(1) Nov. 8, 1984 98 Stat. 3379   Section, acts Aug. 4, 1947, ch. 478,  1 61 Stat. 751 Apr. 11, 1953 67 Stat. 631 Oct. 17, 1979 Pub. L. 9688, title V,  509(b) 93 Stat. 695 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  196. Repealed. Pub. L. 98621,  10(m) Nov. 8, 1984 98 Stat. 3380   Section, acts June 12, 1917, ch. 27 40 Stat. 179 June 30, 1940 54 Stat. 1236 Apr. 11, 1953 67 Stat. 631 Oct. 18, 1962 Pub. L. 87845,  6 76A Stat. 699 Oct. 17, 1979 Pub. L. 9688, title V,  509(b) 93 Stat. 695 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  196a. Repealed. Pub. L. 86571,  10(b) July 5, 1960 74 Stat. 310   Section, acts Mar. 2, 1929, ch. 509 45 Stat. 1495 June 25, 1936, ch. 804 49 Stat. 1921 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective upon the date of enactment of legislation appropriating funds for carrying out section 321 et seq. of this title, see Effective Date of Repeal note set out under section 191a of this title  196b. Repealed. Pub. L. 98621,  10(n) Nov. 8, 1984 98 Stat. 3380   Section, acts July 18, 1940, ch. 638 54 Stat. 766 July 18, 1950, ch. 464,  1 64 Stat. 343 Apr. 11, 1953 67 Stat. 631 Oct. 17, 1979 Pub. L. 9688, title V,  509(b) 93 Stat. 695 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  197. Repealed. Pub. L. 98621,  10(o) Nov. 8, 1984 98 Stat. 3380   Section, acts Mar. 3, 1901, ch. 853 31 Stat. 1163 July 1, 1916, ch. 209 39 Stat. 309 Sept. 2, 1958 Pub. L. 85857,  13(b) 72 Stat. 1264 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  198. Repealed. Pub. L. 98621,  10(p) Nov. 8, 1984 98 Stat. 3381   Section, acts May 11, 1908, ch. 163 35 Stat. 122 July 1, 1916, ch. 209 39 Stat. 309 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  199, 200. Repealed. Pub. L. 98621,  10(k)(2) Nov. 8, 1984 98 Stat. 3380   Section 199, act Oct. 6, 1917, ch. 79 40 Stat. 373  Section 200, acts Oct. 6, 1917, ch. 79 40 Stat. 373 June 30, 1940 54 Stat. 1236 Apr. 11, 1953 67 Stat. 631 Oct. 17, 1979 Pub. L. 9688, title V,  509(b) 93 Stat. 695 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  201. Repealed. Pub. L. 98621,  10(a) Nov. 8, 1984 98 Stat. 3379   Section, R.S.  4844; act July 1, 1916, ch. 209 39 Stat. 309 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  202. Repealed. Pub. L. 98621,  10(u) Nov. 8, 1984 98 Stat. 3381   Section, acts Mar. 3, 1877, ch. 105 19 Stat. 347 July 1, 1916, ch. 209 39 Stat. 309 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  203. Repealed. Pub. L. 98621,  10(v) Nov. 8, 1984 98 Stat. 3381   Section, acts Mar. 3, 1879, ch. 182 20 Stat. 395 July 1, 1916, ch. 209 39 Stat. 309 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  204. Repealed. Pub. L. 98621,  10(a) Nov. 8, 1984 98 Stat. 3379   Section, R.S.  4853, 4854; act July 1, 1916, ch. 209 39 Stat. 309 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  205. Repealed. Pub. L. 88597,  19(d) Sept. 15, 1964 78 Stat. 953   Section, R.S.  4849; act July 1, 1916, ch. 209 39 Stat. 309  206. Repealed. Pub. L. 98621,  10(a) Nov. 8, 1984 98 Stat. 3379   Section, R.S.  4850, related to admission of nonresidents of District of Columbia. Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  207. Omitted  Editorial Notes Codification Section, acts Jan. 31, 1899, ch. 78,  7 30 Stat. 811 July 1, 1916, ch. 209 39 Stat. 309 Section, which had been set out as section 17 of Title 16 act Aug. 9, 1939, ch. 620 53 Stat. 1297 Aug. 9, 1939 Pub. L. 88597,  19(a) Sept. 15, 1964 78 Stat. 953  208 to 210h. Repealed. Pub. L. 89183,  8 Sept. 14, 1965 79 Stat. 784   Section 208, acts Mar. 3, 1903, ch. 1006 32 Stat. 1043 Feb. 23, 1905, ch. 738,  1 33 Stat. 740  Section 209, act Feb. 23, 1905, ch. 738,  1 33 Stat. 740  Section 210, acts Feb. 23, 1905, ch. 738,  2 33 Stat. 740 July 1, 1916, ch. 209 39 Stat. 309 June 25, 1936, ch. 804 49 Stat. 1921  Section 210a, acts Oct. 11, 1949, ch. 672,  1 63 Stat. 759 Aug. 30, 1964 Pub. L. 88505 78 Stat. 638  Section 210b, act Oct. 11, 1949, ch. 672,  2 63 Stat. 760  Section 210c, act Oct. 11, 1949, ch. 672,  3 63 Stat. 761  Section 210d, act Oct. 11, 1949, ch. 672,  4 63 Stat. 761  Section 210e, act Oct. 11, 1949, ch. 672,  5 63 Stat. 761  Section 210f, act Oct. 11, 1949, ch. 672,  6 63 Stat. 761  Section 210g, act Oct. 11, 1949, ch. 672,  7 63 Stat. 761  Section 210h, act Oct. 11, 1949, ch. 672,  8 63 Stat. 761 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1966 section 7 of Pub. L. 89183 Sept. 14, 1965 79 Stat. 780  211 to 211b. Repealed. Pub. L. 98621,  10(a) Nov. 8, 1984 98 Stat. 3379   Section 211, R.S.  4851; July 1, 1916, ch. 209 39 Stat. 309 June 30, 1940 54 Stat. 1236 Apr. 11, 1953 67 Stat. 631 Oct. 17, 1979 Pub. L. 9688, title V,  509(b) 93 Stat. 695  Section 211a, R.S.  4852; July 1, 1916, ch. 209 39 Stat. 309  Section 211b, R.S.  4855; July 1, 1916, ch. 209 39 Stat. 309 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  212 to 214. Repealed. Pub. L. 98621,  10(q) Nov. 8, 1984 98 Stat. 3381   Section 212, acts June 23, 1874, ch. 465,  1 18 Stat. 251 Aug. 7, 1882, ch. 433 22 Stat. 330 July 1, 1916, ch. 209 39 Stat. 309 June 30, 1940 54 Stat. 1236 Apr. 11, 1953 67 Stat. 631 Oct. 17, 1979 Pub. L. 9688, title V,  509(b) 93 Stat. 695  Section 213, acts June 23, 1874, ch. 465,  2 18 Stat. 251 July 1, 1916, ch. 209 39 Stat. 309  Section 214, act June 23, 1874, ch. 465,  3 18 Stat. 252 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  215 to 220. Repealed. Pub. L. 88597,  19(c) Sept. 15, 1964 78 Stat. 953   Section 215, act Apr. 27, 1904, ch. 1618,  1 33 Stat. 316  Section 216, act Apr. 27, 1904, ch. 1618,  2 33 Stat. 317  Section 217, acts Apr. 27, 1904, ch. 1618,  3 33 Stat. 317 July 1, 1916, ch. 209 39 Stat. 309  Section 218, acts Apr. 27, 1904, ch. 1618,  4 33 Stat. 317 July 1, 1916, ch. 209 39 Stat. 309  Section 219, acts Apr. 27, 1904, ch. 1618,  5 33 Stat. 318 Aug. 14, 1912, ch. 288,  1 37 Stat. 309  Section 220, act Apr. 27, 1904, ch. 1618,  6 33 Stat. 318  221, 222. Repealed. Pub. L. 98621,  10(a) Nov. 8, 1984 98 Stat. 3379   Section 221, R.S.  4856; June 25, 1936, ch. 804 49 Stat. 1921 June 25, 1948, ch. 646,  32(b) 62 Stat. 991 May 24, 1949, ch. 139,  127 63 Stat. 107  Section 222, R.S.  4857, provided that no insane person not charged with any breach of the peace should ever be confined in the United States jail in the District of Columbia. Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title 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 Nations 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 (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. 98621,  2 Nov. 8, 1984 98 Stat. 3369 Pub. L. 102150,  3(a) Oct. 31, 1991 105 Stat. 980  Editorial Notes  References in Text This subchapter, referred to in subsec. (b)(4), was in the original this Act, meaning Pub. L. 98621 Nov. 8, 1984 98 Stat. 3369 Amendments 1991Subsec. (b)(1). Pub. L. 102150 October 1, 1993 October 1, 1991 Statutory Notes and Related Subsidiaries Effective Date Pub. L. 98621,  12 Nov. 8, 1984 98 Stat. 3382 Pub. L. 102150,  4(1) Oct. 31, 1991 105 Stat. 981  (a) Except as provided in subsection (b), this Act [see Short Title note below] shall take effect on October 1, 1985 (b) Section 10 [amending section 324 of this title section 300aa3 of Title 42 October 1, 1987 Short Title of 1991 Amendment Pub. L. 102150,  1 Oct. 31, 1991 105 Stat. 980 This Act [enacting section 225h of this title Short Title Pub. L. 98621,  1 Nov. 8, 1984 98 Stat. 3369 This Act [enacting this subchapter, amending section 324 of this title section 300aa3 of Title 42  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 (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. 74285. (6) The term service coordination period means a period beginning on October 1, 1985 October 1, 1987 (7) The term financial transition period means a period beginning on October 1, 1985 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. 98621,  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 October 1, 1987 (2) Not later than October 1, 1993 (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 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 (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. (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 (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 chapter 10 of title 5. (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 1 1 (2) (A) Except as provided in subparagraph (B), after October 1, 1984 (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 (2) (A) Pursuant to such physical plant audit, the Secretary shall initiate not later than October 1, 1987 October 1, 1993 (B) At a minimum until October 1, 1987 (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. 98621,  4 Nov. 8, 1984 98 Stat. 3371 Pub. L. 102150 Oct. 31, 1991 105 Stat. 980 Pub. L. 10533, title XI,  11717(b) Aug. 5, 1997 111 Stat. 786 Pub. L. 117286,  4(a)(179) Dec. 27, 2022 136 Stat. 4325  Editorial Notes  References in Text Section 422 of the District of Columbia Home Rule Act, referred to in subsec. (b)(3), is section 422 of Pub. L. 93198 Dec. 24, 1973 87 Stat. 790 Amendments 2022Subsec. (d)(2). Pub. L. 117286 1997Subsec. (b)(3). Pub. L. 10533 1991Subsec. (a)(2). Pub. L. 102150,  3(a) October 1, 1993 October 1, 1991 Subsec. (f)(2)(A). Pub. L. 102150 October 1, 1993 October 1, 1991 Subsec. (f)(2)(C). Pub. L. 102150,  2(2) Statutory Notes and Related Subsidiaries  Change of Name Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005 Oct. 9, 2004 Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999 Effective Date of 1997 Amendment Amendment by Pub. L. 10533 Oct. 1, 1997 Pub. L. 10533 section 11721 of Pub. L. 10533 section 4246 of Title 18  Abolition of House Committee on the District of Columbia Committee on the District of Columbia of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995 section 1(b) of Pub. L. 10414 section 21 of Title 2 Jan. 6, 1999 Jan. 5, 2007 Jan. 9, 2019 Jan. 9, 2023 Termination of Claims Pub. L. 109396, title I,  102 Dec. 15, 2006 120 Stat. 2712  (a)  In General Notwithstanding any other provision of law, the United States is not required to perform, or to reimburse the District of Columbia for the cost of performing, any of the following services: (1) Repairs or renovations pursuant to section 4(f) of the Saint Elizabeths Hospital and District of Columbia Mental Health Services Act ( 24 U.S.C. 225b(f) (2) Preservation, maintenance, or repairs pursuant to a use permit executed on September 30, 1987 (3) Mental health diagnostic and treatment services for referrals as described in section 9(b) of the Saint Elizabeths Hospital and District of Columbia Mental Health Services Act ( 24 U.S.C. 225g(b) Dec. 15, 2006 (b)  Effect on Pending Claims Any claim of the District of Columbia against the United States for the failure to perform, or to reimburse the District of Columbia for the cost of performing, any service described in subsection (a) which is pending as of the date of the enactment of this Act shall be extinguished and terminated.  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 section 225(b) of this title section 225b of this title (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 section 225(b) of this title section 225b of this title ( Pub. L. 98621,  5 Nov. 8, 1984 98 Stat. 3374  Statutory Notes and Related Subsidiaries  Change of Name Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005 Oct. 9, 2004 Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999  Abolition of House Committee on the District of Columbia Committee on the District of Columbia of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995 section 1(b) of Pub. L. 10414 section 21 of Title 2 Jan. 6, 1999 Jan. 5, 2007 Jan. 9, 2019 Jan. 9, 2023  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 (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 (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) shall be offered to Hospital employees by the District government according to each such employees 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) 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). Individuals who refuse an offer of employment under subsection (c) 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 2139). (5) Acceptance of nontemporary employment as a result of referral from any retention list or agency reemployment priority list shall automatically terminate an individuals 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) for not more than 24 months from the date of acceptance of such employment. ( Pub. L. 98621,  6 Nov. 8, 1984 98 Stat. 3374  Editorial Notes  References in Text The District of Columbia Government Comprehensive Merit Personnel Act of 1978, referred to in subsecs. (c)(4) and (d)(4), is D.C. Law 2139, Mar. 3, 1979 Statutory Notes and Related Subsidiaries Continued Coverage Under Certain Federal Employee Benefits Programs for Certain Employees of Saint Elizabeths Hospital For provisions relating to treatment of certain Federal employees of Saint Elizabeths Hospital under certain Federal employee benefit programs, see section 207( o Pub. L. 99335 section 8331 of Title 5  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 (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, 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; (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, 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 physicians comparability allowance under the provisions of section 5948 of title 5 (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 1 1 (8) if employed by the Federal Government on or after January 1, 1984 (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. (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) 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 (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. 98621,  7 Nov. 8, 1984 98 Stat. 3375  Editorial Notes  References in Text The District of Columbia Government Comprehensive Merit Personnel Act of 1978, referred to in subsecs. (a)(1), (3), (4), (8), (b), and (c)(2), is D.C. Law 2139, Mar. 3, 1979  225f. Property transfer (a) Authority of Secretary; exclusion of certain real property (1) Except as provided in paragraph (2), on October 1, 1987 1 1 section 225b(c)(7) of this title (2) Such real property as is identified by the Secretary by September 30, 1987 section 225(b)(5) of this title (b) Preparation of master plan; consultation; approval; property transfer; exclusion of Oxon Cove Park On or before October 1, 1992 (c) Transfer of J.B. Johnson Building and grounds On October 1, 1985 ( Pub. L. 98621,  8 Nov. 8, 1984 98 Stat. 3377 Pub. L. 102150,  3(b) Oct. 31, 1991 105 Stat. 980  Editorial Notes Amendments 1991Subsec. (b). Pub. L. 102150 October 1, 1992 October 1, 1991 Statutory Notes and Related Subsidiaries  Change of Name Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005 Oct. 9, 2004 Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999  Abolition of House Committee on the District of Columbia Committee on the District of Columbia of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995 section 1(b) of Pub. L. 10414 section 21 of Title 2 Jan. 6, 1999 Jan. 5, 2007 Jan. 9, 2019 Jan. 9, 2023  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 (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 individuals action or threat of action against a Federal official, (ii) as a direct result of the individuals 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). (2) Omitted (d) Shared responsibility for capital improvements Subject to section 225b(f)(2) of this title Public Law 83472 (e) Unassigned liabilities; sole responsibility of Federal Government Pursuant to the financial audit under section 225b(f) of this title (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 October 1, 1987 (2) all claims that result in a judgment or award against Saint Elizabeths Hospital before October 1, 1987 ( Pub. L. 98621,  9 Nov. 8, 1984 98 Stat. 3377  Editorial Notes  References in Text Public Law 83472 act July 2, 1954, ch. 457 68 Stat. 434 68 Stat. 443 section 10(d)(2) of Pub. L. 98621 Oct. 1, 1987 Codification Subsec. (c)(2) of this section amended section 502 of the District of Columbia Self-Government and Governmental Reorganization Act ( Pub. L. 93198, title V Dec. 24, 1973 87 Stat. 813  225h. Buy American provisions (a) Applicability The Mayor shall insure that the requirements of the Buy American Act of 1933, as amended, 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 with respect to such types of products produced in that foreign country. (2) An agreement referred to in paragraph (1) is any agreement, 1 1 (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 was waived pursuant to any agreement described in subsection (a)(2), the Trade Agreement Act of 1979 ( 19 U.S.C. 2501 (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 March 3, 1933 41 U.S.C. 10a 2 2 (e) Restrictions on contract awards No contract or subcontract made with funds authorized under this subchapter 2 3 3 19 U.S.C. 2515(g)(1)(A) (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. 98621,  11 Pub. L. 102150,  4(2) Oct. 31, 1991 105 Stat. 981  Editorial Notes  References in Text 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 March 3, 1933 act Mar. 3, 1933, ch. 212 47 Stat. 1520 Pub. L. 111350 Jan. 4, 2011 124 Stat. 3677 section 101 of Title 41 section 101 of Title 41 The Trade Agreement Act of 1979, referred to in subsec. (c), probably means the Trade Agreements Act of 1979, Pub. L. 9639 July 26, 1979 93 Stat. 144 section 2501 of Title 19 This subchapter, referred to in subsec. (e), was in the original this title and was translated as reading this Act, meaning Pub. L. 98621 Pub. L. 98621 CHAPTER 5 COLUMBIA INSTITUTION FOR THE DEAF  231 to 250. Omitted  Editorial Notes Codification Sections 231 to 250, relating to Columbia Institution for the Deaf, were transferred to sections 311001 to 311020 of the District of Columbia Code and subsequently repealed by acts Aug. 6, 1946, ch. 770,  1(61) 60 Stat. 871 June 18, 1954, ch. 324,  9 68 Stat. 267 Dec. 24, 1970 Pub. L. 91587,  5 84 Stat. 1579 June 18, 1954 Pub. L. 99371, title I,  101(a) Aug. 4, 1986 100 Stat. 781 CHAPTER 6 FREEDMENS HOSPITAL  261 to 264. Omitted  Editorial Notes Codification Sections 261 to 264 related to Freedmens Hospital in the District of Columbia, and were also set out as sections 32317 to 32320 of the District of Columbia Code. Freedmens Hospital was transferred to Howard University by Pub. L. 87262 Sept. 21, 1961 75 Stat. 542 20 U.S.C. 124129 Section 261, R.S.  2038; act June 23, 1874, ch. 455 18 Stat. 223 Section 262, acts June 26, 1912, ch. 182,  1 37 Stat. 172 May 29, 1928, ch. 901,  1(78) 45 Stat. 992 Section 263, acts Mar. 3, 1905, ch. 1483 33 Stat. 1190 Mar. 16, 1926, ch. 58 44 Stat. 208 Section 264, act July 1, 1916, ch. 209 39 Stat. 311 CHAPTER 7 NATIONAL CEMETERIES    Sec.  271 295. Repealed or Omitted.  295a. Arlington Memorial Amphitheater.  296. Repealed.  Statutory Notes and Related Subsidiaries  Change of Name Director of National Parks, Buildings and Reservations renamed Director of National Park Service by act Mar. 2, 1934, ch. 38 48 Stat. 362 Executive Documents  Transfer of Functions Section 2 of Ex. Ord. No. 6166, June 10, 1933 July 27, 1934 Feb. 26, 1934 Apr. 25, 1934 section 901 of Title 5 By Ex. Ord. No. 6228, July 28, 1933  national military parks Chickamauga and Chattanooga National Military Park, Georgia and Tennessee. Fort Donelson National Military Park, Tennessee. Fredericksburg and Spotsylvania County Battle Fields Memorial, Virginia. Gettysburg National Military Park, Pennsylvania. Guilford Courthouse National Military Park, North Carolina. Kings Mountain National Military Park, South Carolina. Moores Creek National Military Park, North Carolina. Petersburg National Military Park, Virginia. Shiloh National Military Park, Tennessee. Stones River National Military Park, Tennessee. Vicksburg National Military Park, Mississippi.  national parks Abraham Lincoln National Park (now Abraham Lincoln Birthplace National Historical Park), Kentucky. Fort McHenry National Park, Maryland.  battlefield sites Antietam Battlefield, Maryland. Appomattox, Virginia. Brices Cross Roads, Mississippi. Chalmette Monument and Grounds, Louisiana. Cowpens, South Carolina. Fort Necessity, Wharton County, Pennsylvania. Kenesaw Mountain, Georgia. Monocacy, Maryland. Tupelo, Mississippi. White Plains, New York.  national monuments Big Hole Battlefield, Beaverhead County, Montana. Cabrillo Monument, Ft. Rosecrans, California. Castle Pinckney, Charleston, South Carolina. Father Millet Cross, Fort Niagara, New York. Fort Marion, St. Augustine, Florida. Fort Matanzas, Florida. Fort Pulaski, Georgia. Meriwether Lewis, Hardin County, Tennessee. Mound City Group, Chillicothe, Ohio. Statue of Liberty, Fort Wood, New York.  miscellaneous memorials Camp Blount Tablets, Lincoln County, Tennessee. Kill Devil Hill Monument, Kitty Hawk, North Carolina. New Echota Marker, Georgia. Lee Mansion, Arlington National Cemetery, Virginia.  national cemeteries Battleground, District of Columbia. Antietam, (Sharpsburg) Maryland. Vicksburg, Mississippi. Gettysburg, Pennsylvania. Chattanooga, Tennessee. Fort Donelson, (Dover) Tennessee. Shiloh, (Pittsburg Landing) Tennessee. Stones River, (Murfreesboro) Tennessee. Fredericksburg, Virginia. Poplar Grove, (Petersburg) Virginia. Yorktown, Virginia. National Cemeteries in Foreign Countries The functions of administration pertaining to national cemeteries located in foreign countries, which were transferred to the Department of State, were revoked and the functions of administration pertaining to national cemeteries and memorials located in Europe, together with personnel, records, etc. were transferred to the American Battle Monuments Commission by Ex. Ord. No. 6614, Apr. 25, 1934 section 901 of Title 5  271 to 276. Repealed. Pub. L. 9343,  7(a)(1) June 18, 1973 87 Stat. 82   Section 271, R.S.  4870, provided for manner of acquisition of lands.  Section 271a, act June 29, 1938, ch. 808 52 Stat. 1233  Section 272, R.S.  4871; act Mar. 3, 1911, ch. 231,  291 36 Stat. 1167  Section 273, R.S.  4872, provided for payment of appraised value.  Section 274, R.S.  4873, provided for superintendents of cemeteries.  Section 275, acts Mar. 24, 1948, ch. 143,  1 62 Stat. 84 Aug. 30, 1961 Pub. L. 87178 75 Stat. 411  Section 276, R.S.  4875; act July 30, 1912, ch. 258 37 Stat. 240  Subject matter is generally covered by section 2400 et seq. of Title 38, Veterans Benefits. See sections 2404 and 2406 of Title 38. Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 1, 1973 section 10(c) of Pub. L. 9343 section 2306 of Title 38 Superintendents of National Cemeteries Under the Jurisdiction of the Secretary of the Army Pub. L. 97306, title IV,  405 Oct. 14, 1982 96 Stat. 1443 Notwithstanding section 7(b)(2) of the National Cemeteries Act of 1973 ( 87 Stat. 88 section 7 of Pub. L. 9343 March 24, 1948 Act Mar. 24, 1948, ch. 143 62 Stat. 84 section 275 of this title section 10(c) of Pub. L. 9343 section 2306 of Title 38 Matured Rights and Duties, Incurred Penalties, Liabilities, and Forfeitures, and Commenced Proceedings Excepted in Repeal of National Cemeteries Provisions Pub. L. 9343,  7(a) June 18, 1973 87 Stat. 82 Section 7 of Pub. L. 9343 Sept. 1, 1973 section 10(c) of Pub. L. 9343 section 2306 of Title 38 Functions, Powers, and Duties of Secretaries Unaffected Pub. L. 9343,  7(b) June 18, 1973 87 Stat. 88  Nothing in this section [repealing sections 271 to 276, 278 to 279d, 281 to 282, 286 to 290, and 296 of this title and enacting provisions set out as a note under sections 271 to 276] shall be deemed to affect in any manner the functions, powers, and duties of (1) the Secretary of the Interior with respect to those cemeteries, memorials, or monuments under his jurisdiction on the effective date of this section [see note above], or (2) the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force with respect to those cemeteries, memorials, or monuments under his jurisdiction to which the transfer provisions of section 6(a) of this Act [set out as a note under section 2404 of Title 38  277. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 646   Section, acts Feb. 12, 1925, ch. 225 43 Stat. 926 Apr. 15, 1926, ch. 146 44 Stat. 288  278 to 279d. Repealed. Pub. L. 9343,  7(a)(1) June 18, 1973 87 Stat. 82   Section 278, acts July 24, 1876, ch. 226,  1 19 Stat. 99 June 10, 1921, ch. 18 42 Stat. 21 Sept. 12, 1950, ch. 946 64 Stat. 844  Section 279, R.S.  4877, related to inclosure, headstones, and registers. See section 2404(a), (c), (d) of Title 38.  Section 279a, acts July 1, 1948, ch. 791,  1 62 Stat. 1215 Aug. 14, 1958 Pub. L. 85644,  1(1) 72 Stat. 601 Aug. 28, 1958 Pub. L. 85811 72 Stat. 978 Sept. 1, 1970 Pub. L. 91369 84 Stat. 836  Section 279b, acts July 1, 1948, ch. 791,  2 62 Stat. 1216 Aug. 14, 1958 Pub. L. 85644,  1(2) 72 Stat. 602  Section 279c, act July 1, 1948, ch. 791,  3 62 Stat. 1216 section 2404(d) of Title 38  Section 279d, acts Aug. 27, 1954, ch. 1013 68 Stat. 880 July 3, 1956, ch. 509 70 Stat. 489 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 1, 1973 section 10(c) of Pub. L. 9343 section 2306 of Title 38 Matured Rights and Duties, Incurred Penalties, Liabilities, and Forfeitures, and Commenced Proceedings Excepted in Repeal of National Cemeteries Provisions Provisions repealed except with respect to rights and duties matured, penalties, liabilities, and forfeitures that were incurred, and proceedings that were begun before effective date of section 7 of Pub. L. 9343 section 7(a) of Pub. L. 9343  280 to 280b. Repealed. July 1, 1948, ch. 791,  4 62 Stat. 1216   Section 280, act Feb. 3, 1879, ch. 44 20 Stat. 281  Section 280a, act Feb. 26, 1929, ch. 324 45 Stat. 1307  Section 280b, act Apr. 18, 1940, ch. 109 54 Stat. 142  281 to 282. Repealed. Pub. L. 9343,  7(a)(6) June 18, 1973 87 Stat. 82   Section 281, acts May 14, 1948, ch. 289,  1 62 Stat. 234 Sept. 14, 1959 Pub. L. 86260 73 Stat. 547 section 2402 of Title 38  Section 281a, act Aug. 4, 1947, ch. 467,  1 61 Stat. 742  Section 281b, act Aug. 4, 1947, ch. 467,  2 61 Stat. 742  Section 281c, act Aug. 4, 1947, ch. 467,  3 61 Stat. 742  Section 281d, act Mar. 10, 1950, ch. 52,  1 64 Stat. 12  Section 281e, act Mar. 10, 1950, ch. 52,  2 64 Stat. 12  Section 281f, act Mar. 10, 1950, ch. 52,  3 64 Stat. 12  Section 281g, act Aug. 10, 1950, ch. 672 64 Stat. 434  Section 282, act Aug. 24, 1912, ch. 355,  1 37 Stat. 440 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 1, 1973 section 10(c) of Pub. L. 9343 section 2306 of Title 38 Matured Rights and Duties, Incurred Penalties, Liabilities, and Forfeitures, and Commenced Proceedings Excepted in Repeal of National Cemeteries Provisions Provisions repealed except with respect to rights and duties matured, penalties, liabilities, and forfeitures that were incurred, and proceedings that were begun before effective date of section 7 of Pub. L. 9343 section 7(a) of Pub. L. 9343  283 to 285. Omitted  Editorial Notes Codification Section 283, R.S.  4879, related to the military cemetery near Mexico City. See section 2111 of Title 36 Section 284, R.S.  4880, related to the regulations for the military cemetery near Mexico City, and is covered by Ex. Ord. No. 9873, July 17, 1947 section 2111 of Title 36 Section 285, acts Feb. 24, 1925, ch. 306,  2 43 Stat. 970 May 10, 1928, ch. 515 45 Stat. 494  286 to 290. Repealed. Pub. L. 9343,  7(a)(1) June 18, 1973 87 Stat. 82   Section 286, R.S.  4881; act Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 section 901 of Title 38  Section 287, R.S.  4882, related to jurisdiction of United States upon purchase of any national cemetery with consent of any State legislature.  Section 288, acts Feb. 12, 1925, ch. 225 43 Stat. 926 Apr. 15, 1926, ch. 146 44 Stat. 287 Feb. 23, 1927, ch. 167 44 Stat. 1138 Mar. 23, 1928, ch. 232 45 Stat. 354 Feb. 28, 1929, ch. 366 45 Stat. 1375 June 30, 1954, ch. 425,  101 68 Stat. 331 July 15, 1955, ch. 370 69 Stat. 360 July 2, 1956, ch. 490 70 Stat. 479  Section 289, act May 23, 1941, ch. 130 55 Stat. 191 section 2404(f) of Title 38  Section 290, act July 27, 1953, ch. 245,  101 67 Stat. 197 section 2404 of Title 38 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 1, 1973 section 10(c) of Pub. L. 9343 section 2306 of Title 38 Matured Rights and Duties, Incurred Penalties, Liabilities, and Forfeitures, and Commenced Proceedings Excepted in Repeal of National Cemeteries Provisions Provisions repealed except with respect to rights and duties matured, penalties, liabilities, and forfeitures that were incurred, and proceedings that were begun before effective date of section 7 of Pub. L. 9343 section 7(a) of Pub. L. 9343 Conveyance to State or Municipality of Approach Road to National Cemetery Provisions similar to those set out in former section 289 of this title Pub. L. 9343,  7(a)(27) June 18, 1973 67 Stat. 84 June 24, 1940, ch. 415 54 Stat. 506 June 28, 1939, ch. 246 53 Stat. 857 June 11, 1938, ch. 348 52 Stat. 668 Encroachment by Railroad on Rights of Way Provisions similar to those set out in former section 290 of this title Pub. L. 9343,  7(a)(19) June 18, 1973 87 Stat. 83 July 11, 1952, ch. 669 66 Stat. 579 Oct. 24, 1951, ch. 556 65 Stat. 617 Sept. 6, 1950, ch. 896 64 Stat. 725 Oct. 13, 1949, ch. 688 63 Stat. 846 June 25, 1948, ch. 655 62 Stat. 1019 July 31, 1947, ch. 411 61 Stat. 687 May 2, 1946, ch. 247 60 Stat. 161 Mar. 31, 1945, ch. 45 59 Stat. 39 June 26, 1944, ch. 275 58 Stat. 327 June 2, 1943, ch. 115 57 Stat. 94 Apr. 28, 1942, ch. 246 56 Stat. 220 May 23, 1941, ch. 130 55 Stat. 191 June 24, 1940, ch. 415 54 Stat. 506 June 28, 1939, ch. 246 53 Stat. 857 June 11, 1938, ch. 348 52 Stat. 668 July 19, 1937, ch. 511 50 Stat. 515 May 15, 1936, ch. 404 49 Stat. 1305 Apr. 9, 1935, ch. 54 49 Stat. 145 Apr. 26, 1934, ch. 165 48 Stat. 639 Mar. 4, 1933, ch. 281 47 Stat. 1595 July 14, 1932, ch. 482 47 Stat. 689 Feb. 23, 1931, ch. 279 46 Stat. 1302 May 28, 1930, ch. 348 46 Stat. 458 Feb. 28, 1929, ch. 366 45 Stat. 1375 Mar. 23, 1928, ch. 232 45 Stat. 354 Feb. 23, 1927, ch. 167 44 Stat. 1138 Apr. 15, 1926, ch. 146 44 Stat. 287 Feb. 12, 1925, ch. 225 43 Stat. 926  291 to 295. Repealed. Pub. L. 86694,  2 Sept. 2, 1960 74 Stat. 739   Section 291, act Mar. 4, 1921, ch. 169,  1 41 Stat. 1440  Section 292, act Mar. 4, 1921, ch. 169,  2 41 Stat. 1440  Section 293, act Mar. 4, 1921, ch. 169,  3 41 Stat. 1440  Section 294, act Mar. 4, 1921, ch. 169,  4 41 Stat. 1440  Section 295, act Mar. 4, 1921, ch. 169,  5 41 Stat. 1440  Sections are covered by section 295a of this title  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. 86694,  1 Sept. 2, 1960 74 Stat. 739  Statutory Notes and Related Subsidiaries Memorial to Veterans of Vietnam Conflict Pub. L. 95479, title III,  307 Oct. 18, 1978 92 Stat. 1566 The Secretary of Defense shall have placed in the Trophy Hall of the Memorial Amphitheater at Arlington National Cemetery a memorial plaque which shall bear the following inscription: The people of the United States of America pay tribute to those members of the Armed Forces of the United States who served honorably in Southeast Asia during the Vietnam conflict.. To further honor those members of the Armed Forces who lost their lives in hostile action in Southeast Asia during the Vietnam conflict, the Secretary of Defense shall have placed near such plaque in a suitable repository a display of the Purple Heart Medal and other medals, ribbons, and decorations associated with service in Southeast Asia during the Vietnam conflict.  296. Repealed. Pub. L. 9343,  7(a)(9) June 18, 1973 87 Stat. 82   Section, act July 1, 1947, ch. 187 61 Stat. 234 section 2405(b) of Title 38 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 1, 1973 section 10(c) of Pub. L. 9343 section 2306 of Title 38 Matured Rights and Duties, Incurred Penalties, Liabilities, and Forfeitures, and Commenced Proceedings Excepted in Repeal of National Cemeteries Provisions Provisions repealed except with respect to rights and duties matured, penalties, liabilities, and forfeitures that were incurred, and proceedings that were begun before effective date of section 7 of Pub. L. 9343 section 7(a) of Pub. L. 9343 CHAPTER 7A PRIVATE AND COMMERCIAL CEMETERIES  298. Repealed. Oct. 31, 1951, ch. 654,  1(47) 65 Stat. 703   Section, act June 20, 1939, ch. 220 53 Stat. 843 CHAPTER 8 GORGAS HOSPITAL    Sec.  301. Ancon Hospital to be known as Gorgas Hospital.  302. Change of name as affecting various rights; records, maps, and public documents.  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 ( Mar. 24, 1928, ch. 240,  1 45 Stat. 365  Editorial Notes  References in Text For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22  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    Sec.  321. Definitions.  322. Reception of eligible persons at ports of entry or debarkation.  323. Transfer and release to State of residence or legal domicile, or to relative.  324. Care and treatment of eligible persons until transfer and release.  325. Examination of persons admitted.  326. Release of patient.  327. Notification to committing court of discharge or conditional release.  328. Payment for care and treatment.  329. Availability of appropriations for transportation.  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. 86571,  1 July 5, 1960 74 Stat. 308 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695  Statutory Notes and Related Subsidiaries  Change of Name Department of Health and Human Services substituted for Department of Health, Education, and Welfare in subsec. (a) and Secretary of Health and Human Services substituted for Secretary of Health, Education, and Welfare in subsecs. (b) and (d)(2), pursuant to section 509(b) of Pub. L. 9688 section 3508(b) of Title 20 Effective Date Pub. L. 86571,  11 July 5, 1960 74 Stat. 310 This Act [enacting this chapter and repealing sections 191a and 196a of this title] shall, except as otherwise specified, take effect on the date of its enactment [ July 5, 1960  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 6101 of title 41 (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) 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. 86571,  2 July 5, 1960 74 Stat. 308 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695  Editorial Notes Codification In subsec. (a),  section 6101 of title 41 41 U.S.C. 5 Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854 Statutory Notes and Related Subsidiaries  Change of Name Secretary of Health and Human Services substituted in text for Secretary of Health, Education, and Welfare pursuant to section 509(b) of Pub. L. 9688 section 3508(b) of Title 20  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 persons 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. 86571,  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 section 6101 of title 41 section 322 of this title (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. 86571,  4 July 5, 1960 74 Stat. 309 Pub. L. 98621,  10(r) Nov. 8, 1984 98 Stat. 3381  Editorial Notes Codification In subsec. (a),  section 6101 of title 41 Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854 Amendments 1984Subsec. (a). Pub. L. 98621 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98621 Oct. 1, 1987 section 12(b) of Pub. L. 98621 section 225 of this title  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 (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. 86571,  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 ( Pub. L. 86571,  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 section 323 of this title ( Pub. L. 86571,  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 section 324 of this title (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. 86571,  8 July 5, 1960 74 Stat. 310 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695  Statutory Notes and Related Subsidiaries  Change of Name Department of Health and Human Services substituted in text for Department of Health, Education, and Welfare pursuant to section 509(b) of Pub. L. 9688 section 3508(b) of Title 20  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 section 323 of this title ( Pub. L. 86571,  9 July 5, 1960 74 Stat. 310 CHAPTER 10 ARMED FORCES RETIREMENT HOME    Sec.  401. Definitions.  SUBCHAPTER IESTABLISHMENT AND OPERATION OF RETIREMENT HOME  411. Establishment of the Armed Forces Retirement Home.  412. Residents of Retirement Home.  413. Services provided to residents.  413a. Oversight of health care provided to residents.  414. Fees paid by residents.  415. Chief Operating Officer.  416. Advisory Council.  416a. Resident Advisory Committees.  417. Administrators, Ombudsmen, and staff of facilities.  418. Periodic inspection of retirement home facilities.  419. Armed Forces Retirement Home Trust Fund.  420. Disposition of effects of deceased persons; unclaimed property.  421. Payment of residents for services.  422. Authority to accept certain uncompensated services.  423. Preservation of historic buildings and grounds at the Armed Forces Retirement HomeWashington.  424. Repealed.  SUBCHAPTER IITRANSITIONAL PROVISIONS  431 433. Repealed.  SUBCHAPTER IIIAUTHORIZATION OF APPROPRIATIONS  441. Repealed.  401. Definitions For purposes of this chapter: (1) The term Retirement Home includes the institutions established under section 411 of this title (A) The Armed Forces Retirement HomeWashington. (B) The Armed Forces Retirement HomeGulfport. (2) The terms Armed Forces Retirement Home Trust Fund and Fund mean the Armed Forces Retirement Home Trust Fund established under section 419(a) of this title (3) The term Advisory Council means the Armed Forces Retirement Home Advisory Council established under section 416 of this title (4) The term Resident Advisory Committee means an elected body of residents at a facility of the Retirement Home established under section 416a of this title (5) 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 for Personnel of the Air Force; (D) the Deputy Commandant of the Marine Corps for Manpower and Reserve Affairs; and (E) the Assistant Commandant of the Coast Guard for Human Resources. (6) 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. (E) The Master Chief Petty Officer of the Coast Guard. ( Pub. L. 101510, div. A, title XV,  1502 Nov. 5, 1990 104 Stat. 1722 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title XIV,  1402 Dec. 28, 2001 115 Stat. 1257 Pub. L. 111281, title II,  205(a) Oct. 15, 2010 124 Stat. 2911 Pub. L. 11281, div. A, title V,  563(b)(1) Dec. 31, 2011 125 Stat. 1423  Editorial Notes  References in Text This chapter, referred to in text, was in the original this title, meaning title XV of Pub. L. 101510, div. A Nov. 5, 1990 104 Stat. 1722 Amendments 2011Pars. (2) to (4). Pub. L. 11281 section 416 of this title 2010Par. (4). Pub. L. 111281,  205(a)(1) Par. (5)(E). Pub. L. 111281,  205(a)(2) Par. (6)(E). Pub. L. 111281,  205(a)(3) 2001Pars. (1) to (3). Pub. L. 107107,  1402(1) (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. Par. (4). Pub. L. 107107,  1402(1) section 417(a) of this title Par. (5). Pub. L. 107107,  1402(1) section 419(a) of this title Par. (5)(C). Pub. L. 107107,  1402(3)(A) Par. (5)(D). Pub. L. 107107,  1402(3)(B) Pars. (6) to (8). Pub. L. 107107,  1402(2) 2000Par. (7)(D). Pub. L. 106398 Statutory Notes and Related Subsidiaries Effective Date Pub. L. 101510, div. A, title XV,  1541 Nov. 5, 1990 104 Stat. 1736 Pub. L. 103160, div. A, title III,  366(f) Nov. 30, 1993 107 Stat. 1632 Pub. L. 101510 Nov. 5, 1990 section 1321 of Title 31 Nov. 5, 1990 section 415 of this title Oct. 1, 1991 section 420 of this title Nov. 29, 1989 Pub. L. 107107, div. A, title XIV,  1410(b)(3) Dec. 28, 2001 115 Stat. 1266 Short Title Pub. L. 101510, div. A, title XV,  1501(a) Nov. 5, 1990 104 Stat. 1722 Pub. L. 107107, div. A, title XIV,  1410(c)(1) Dec. 28, 2001 115 Stat. 1266 This title [enacting this chapter, amending section 6a of this title section 1321 of Title 31 section 1007 of Title 37 section 906 of Title 44 section 2772 of Title 10  Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 SUBCHAPTER I ESTABLISHMENT AND OPERATION OF RETIREMENT HOME  411. Establishment of the Armed Forces Retirement Home (a) Independent establishment The Armed Forces Retirement Home is an independent establishment in the executive branch. (b) Purpose The purpose of the Retirement Home is to provide, through the Armed Forces Retirement HomeWashington and the Armed Forces Retirement HomeGulfport, residences and related services for certain retired and former members of the Armed Forces. (c) Facilities (1) Each facility of the Retirement Home referred to in paragraph (2) is a separate establishment of the Retirement Home. (2) The United States Soldiers and Airmens Home is hereby redesignated as the Armed Forces Retirement HomeWashington. The Naval Home is hereby redesignated as the Armed Forces Retirement HomeGulfport. (d) Operation (1) The Chief Operating Officer of the Armed Forces Retirement Home is the head of the Retirement Home. The Chief Operating Officer is subject to the authority, direction, and control of the Secretary of Defense. (2) Each facility of the Retirement Home shall be maintained as a separate establishment of the Retirement Home for administrative purposes and shall be under the authority, direction, and control of the Administrator of that facility. The Administrator of each facility of the Retirement Home is subject to the authority, direction, and control of the Chief Operating Officer. (3) The administration of the Retirement Home, including administration for the provision of health care and medical care for residents, shall remain under the control and administration of the Secretary of Defense. (e) Property and facilities (1) The Retirement Home shall include such property and facilities as may be acquired under paragraph (2) or accepted under section 415(f) of this title (2) The Chief Operating Officer may acquire, for the benefit of the Retirement Home, property and facilities for inclusion in the Retirement Home. If the purchase price to acquire fee title to real property for inclusion in the Retirement Home is more than $750,000, the Chief Operating Officer may acquire the real property only if the acquisition is specifically authorized by law. (3) If the Chief Operating Officer determines that any property of the Retirement Home is excess to the needs of the Retirement Home, the Chief Operating Officer shall dispose of the property in accordance with subchapter III of chapter 5 of title 40 ( 40 U.S.C. 541 (f) Department of Defense support The Secretary of Defense may make available from the Department of Defense to the Retirement Home, on a nonreimbursable basis, administrative support and office services, legal and policy planning assistance, access to investigative facilities of the Inspector General of the Department of Defense and of the military departments, and any other support necessary to enable the Retirement Home to carry out its functions under this chapter. (g) Accreditation The Chief Operating Officer shall secure and maintain accreditation by a nationally recognized civilian accrediting organization for each aspect of each facility of the Retirement Home, including medical and dental care, pharmacy, independent living, and assisted living and nursing care. (h) Annual report The Secretary of Defense shall transmit to Congress an annual report on the financial and other affairs of the Retirement Home for each fiscal year. The annual report shall include an assessment of all aspects of each facility of the Retirement Home, including the quality of care at the facility. (i) Authority to lease non-excess property (1) Subject to the approval of the Secretary of Defense, whenever the Chief Operating Officer of the Armed Forces Retirement Home considers it advantageous to the Retirement Home, the Chief Operating Officer may lease to such lessee and upon such terms as the Chief Operating Officer considers will promote the purpose and financial stability of the Retirement Home or be in the public interest, real or personal property that is (A) under the control of the Retirement Home; and (B) not excess property (as defined by section 102 of title 40 (2) A lease under this subsection (A) may not be for more than five years, unless the Chief Operating Officer determines that a lease for a longer period will promote the purpose and financial stability of the Retirement Home or be in the public interest; (B) may give the lessee the first right to buy the property if the lease is revoked to allow the United States to sell the property under any other provision of law; (C) shall permit the Chief Operating Officer to revoke the lease at any time, unless the Chief Operating Officer determines that the omission of such a provision will promote the purpose and financial stability of the Retirement Home or be in the public interest; (D) shall provide for the payment (in cash or in kind) by the lessee of consideration in an amount that is not less than the fair market value of the lease interest, as determined by the Chief Operating Officer; (E) may provide, notwithstanding section 1302 of title 40 (F) may not provide for a leaseback by the Retirement Home with an annual payment in excess of $100,000, or otherwise commit the Retirement Home or the Department of Defense to annual payments in excess of such amount. (3) In addition to any in-kind consideration accepted under subparagraph (D) or (E) of paragraph (2), in-kind consideration accepted with respect to a lease under this subsection may include the following: (A) Maintenance, protection, alteration, repair, improvement, or restoration (including environmental restoration) of property or facilities of the Retirement Home. (B) Construction of new facilities for the Retirement Home. (C) Provision of facilities for use by the Retirement Home. (D) Facilities operation support for the Retirement Home. (E) Provision of such other services relating to activities that will occur on the leased property as the Chief Operating Officer considers appropriate. (4) In-kind consideration under paragraph (3) may be accepted at any property or facilities of the Retirement Home that are selected for that purpose by the Chief Operating Officer. (5) In the case of a lease for which all or part of the consideration proposed to be accepted under this subsection is in-kind consideration with a value in excess of $500,000, the Chief Operating Officer may not enter into the lease until at least 30 days after the date on which a report on the facts of the lease is submitted to Congress. This paragraph does not apply to a lease covered by paragraph (6). (6) (A) If a proposed lease under this subsection involves only personal property, the lease term exceeds one year, or the fair market value of the lease interest exceeds $100,000, as determined by the Chief Operating Officer, the Chief Operating Officer shall use competitive procedures to select the lessee unless the Chief Operating Officer determines that (i) a public interest will be served as a result of the lease; and (ii) the use of competitive procedures for the selection of certain lessees is unobtainable or not compatible with the public benefit served under clause (i). (B) Not later than 45 days before entering into a lease described in subparagraph (A), the Chief Operating Officer shall submit to Congress written notice describing the terms of the proposed lease and (i) the competitive procedures used to select the lessee; or (ii) in the case of a lease involving the public benefit exception authorized by subparagraph (A)(ii), a description of the public benefit to be served by the lease. (7) The proceeds from the lease of property under this subsection shall be deposited in the Armed Forces Retirement Home Trust Fund. (8) The interest of a lessee of property leased under this subsection may be taxed by State or local governments. A lease under this subsection shall provide that, if and to the extent that the leased property is later made taxable by State or local governments under an Act of Congress, the lease shall be renegotiated. ( Pub. L. 101510, div. A, title XV,  1511 Nov. 5, 1990 104 Stat. 1723 Pub. L. 103160, div. A, title III,  366(a) Nov. 30, 1993 107 Stat. 1630 Pub. L. 107107, div. A, title XIV,  1403 Dec. 28, 2001 115 Stat. 1258 Pub. L. 110181, div. A, title XIV,  1422(a) Jan. 28, 2008 122 Stat. 420 Pub. L. 11184, div. B, title XXVIII,  2823 Oct. 28, 2009 123 Stat. 2666 Pub. L. 111383, div. B, title XXVIII,  2813(b) Jan. 7, 2011 124 Stat. 4463 Pub. L. 11281, div. A, title V Dec. 31, 2011 125 Stat. 1420 Pub. L. 112239, div. A, title X,  1076(j) Jan. 2, 2013 126 Stat. 1955 Pub. L. 11591, div. B, title XXVIII,  2873 Dec. 12, 2017 131 Stat. 1870  Editorial Notes  References in Text This chapter, referred to in subsec. (f), was in the original this title, meaning title XV of Pub. L. 101510, div. A Nov. 5, 1990 104 Stat. 1722 section 401 of this title Amendments 2017Subsec. (e)(2). Pub. L. 11591,  2873(a)(1) Subsec. (e)(3). Pub. L. 11591,  2873(a)(2) Subsec. (i)(1). Pub. L. 11591,  2873(b)(1) Subsec. (i)(5). Pub. L. 11591,  2873(b)(2) Subsec. (i)(6)(A). Pub. L. 11591,  2873(b)(3) 2013Subsec. (d)(3). Pub. L. 112239 2011Subsec. (d)(2). Pub. L. 11281,  564(b)(1) Subsec. (d)(3). Pub. L. 11281,  561 Subsec. (i)(2)(F). Pub. L. 111383 2009Subsec. (e)(2). Pub. L. 11184,  2823(a) Subsec. (e)(3). Pub. L. 11184,  2823(b)(1) Subsec. (i). Pub. L. 11184,  2823(b)(2) 2008Subsec. (d)(3). Pub. L. 110181,  1422(a)(1) Subsec. (g). Pub. L. 110181,  1422(b) Subsec. (h). Pub. L. 110181,  1422(a)(2) 2001 Pub. L. 107107 1993Subsecs. (e), (f). Pub. L. 103160 Statutory Notes and Related Subsidiaries Effective Date Section effective one year after Nov. 5, 1990 section 1541(a) of Pub. L. 101510 section 401 of this title Termination of Reporting Requirements For termination, effective Dec. 31, 2021 section 1061 of Pub. L. 114328 section 111 of Title 10  412. Residents of Retirement Home (a) Persons eligible to be residents Except as provided in subsection (b), the following persons who served as members of the Armed Forces, at least one-half of whose service was not commissioned service (other than as a warrant officer or limited-duty officer), are eligible to become residents of the Retirement Home: (1) Persons who were discharged or released from service in the Armed Forces after 20 or more years of active service. (2) Persons who are determined under rules prescribed by the Chief Operating Officer to be suffering from a service-connected disability incurred in the line of duty in the Armed Forces. (3) Persons who served in a war theater during a time of war declared by Congress or were eligible for hostile fire special pay under section 310 or 351 of title 37 and who are determined under rules prescribed by the Chief Operating Officer to be suffering from injuries, disease, or disability. (4) Persons who served in a womens component of the Armed Forces before June 12, 1948 (5) Persons who are eligible for retired pay under chapter 1223 of title 10 and are (A) eligible for care under section 1710 of title 38 (B) enrolled in coverage under chapter 55 of title 10; or (C) enrolled in a qualified health plan (as defined in section 18021(a) of title 42 (b) Persons ineligible to be residents The following persons are ineligible to become a resident of the Retirement Home: (1) A person who (A) has been convicted of a felony; or (B) was discharged or released from service in the Armed Forces under other than honorable conditions. (2) A person with substance abuse or mental health problems, except upon a judgment and satisfactory determination by the Chief Operating Officer that (A) the person has been evaluated by a qualified health professional selected by the Retirement Home; (B) the Retirement Home can accommodate the persons condition; and (C) the person agrees to such conditions of residency as the Retirement Home may require. (c) Acceptance To apply for acceptance as a resident of a facility of the Retirement Home, a person eligible to be a resident shall submit to the Administrator of that facility an application in such form and containing such information as the Chief Operating Officer may require. (d) Priorities for acceptance The Chief Operating Officer shall establish a system of priorities for the acceptance of residents so that the most deserving applicants will be accepted whenever the number of eligible applicants is greater than the Retirement Home can accommodate. (e) Spouses of residents (1) Authority to admit Except as otherwise established pursuant to subsection (d), the spouse of a person accepted as a resident of a facility of the Retirement Home may be admitted to that facility if the spouse (A) is a covered beneficiary within the meaning of section 1072(5) of title 10 (B) is not ineligible to become a resident as provided in subsection (b); and (C) submits an application for admittance in accordance with subsection (c). (2) Treatment as resident A spouse admitted in accordance with paragraph (1) shall be a resident of the Retirement Home consistent with this chapter, except as the Chief Operating Officer may otherwise provide. ( Pub. L. 101510, div. A, title XV,  1512 Nov. 5, 1990 104 Stat. 1724 Pub. L. 107107, div. A, title XIV Dec. 28, 2001 115 Stat. 1260 Pub. L. 11281, div. A, title V Dec. 31, 2011 125 Stat. 1424 Pub. L. 114328, div. A, title VI,  618(f) Dec. 23, 2016 130 Stat. 2160 Pub. L. 115232, div. A, title XIV,  1412 Aug. 13, 2018 132 Stat. 2090 Pub. L. 116283, div. A, title XIV,  1412(a) Jan. 1, 2021 134 Stat. 4030  Editorial Notes  References in Text This chapter, referred to in subsec. (e)(2), was in the original this Act, and was translated as meaning title XV of Pub. L. 101510, div. A Nov. 5, 1990 104 Stat. 1722 section 401 of this title Amendments 2021Subsec. (a). Pub. L. 116283,  1412(a)(1) Subsec. (a)(1). Pub. L. 116283,  1412(a)(2) Subsec. (a)(5). Pub. L. 116283,  1412(a)(3) 2018 Pub. L. 115232 2016Subsec. (a)(3)(A). Pub. L. 114328 2011 Pub. L. 11281,  567(c)(6) Subsec. (c). Pub. L. 11281,  564(b)(1) 2001Subsecs. (a), (c), (d). Pub. L. 107107,  1404(b)(1)(A) Subsec. (e). Pub. L. 107107,  1405(a) Subsec. (f). Pub. L. 107107,  1410(b)(1) (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. Statutory Notes and Related Subsidiaries Effective Date Section effective one year after Nov. 5, 1990 section 1541(a) of Pub. L. 101510 section 401 of this title  413. Services provided to residents (a) Services provided Except as provided in subsections (b), (c), and (d), a resident of the Retirement Home shall receive the services authorized by the Chief Operating Officer. (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. The services provided residents of the Retirement Home shall include appropriate nonacute medical and dental services, pharmaceutical services, and transportation of residents, which shall be provided at no cost to residents. Secondary and tertiary hospital care for residents that is not available at a facility 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. Except as provided in subsection (d), 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. (c) Availability of physicians and dentists (1) In providing for the health care needs of residents at a facility of the Retirement Home under subsection (b), the Retirement Home shall have a physician and a dentist (A) available at the facility during the daily business hours of the facility; and (B) available on an on-call basis at other times. (2) The physicians and dentists required by this subsection shall have the skills and experience suited to residents of the facility served by the physicians and dentists. (3) To ensure the availability of health care services for residents of a facility of the Retirement Home, the Chief Operating Officer, in consultation with the Medical Director, shall establish uniform standards, appropriate to the medical needs of the residents, for access to health care services during and after the daily business hours of the facility. (d) Transportation to medical care outside Retirement Home facilities (1) With respect to each facility of the Retirement Home, the Retirement Home shall provide daily scheduled transportation to nearby medical facilities used by residents of the facility. The Retirement Home may provide, based on a determination of medical need, unscheduled transportation for a resident of the facility to any medical facility located not more than 30 miles from the facility for the provision of necessary and urgent medical care for the resident. (2) The Retirement Home may not collect a fee from a resident for transportation provided under this subsection. ( Pub. L. 101510, div. A, title XV,  1513 Nov. 5, 1990 104 Stat. 1725 Pub. L. 103160, div. A, title III,  366(c) Nov. 30, 1993 107 Stat. 1630 Pub. L. 107107, div. A, title XIV Dec. 28, 2001 115 Stat. 1260 Pub. L. 109163, div. A, title IX,  909(a) Jan. 6, 2006 119 Stat. 3404 Pub. L. 110181, div. A, title XIV,  1422(c) Jan. 28, 2008 122 Stat. 420 Pub. L. 11281, div. A, title V,  567(c)(2) Dec. 31, 2011 125 Stat. 1426  Editorial Notes Amendments 2011 Pub. L. 11281 2008Subsec. (b). Pub. L. 110181 2006Subsec. (a). Pub. L. 109163,  909(a)(1) Subsec. (b). Pub. L. 109163,  909(a)(2) Subsecs. (c), (d). Pub. L. 109163,  909(a)(3) 2001Subsec. (a). Pub. L. 107107,  1404(b)(1)(B) Subsec. (b). Pub. L. 107107,  1410(a)(1) 1993Subsec. (b). Pub. L. 103160 Statutory Notes and Related Subsidiaries Effective Date Section effective one year after Nov. 5, 1990 section 1541(a) of Pub. L. 101510 section 401 of this title  413a. Oversight of health care provided to residents (a) Designation of Senior Medical Advisor (1) The Secretary of Defense shall designate the Deputy Director of the Defense Health Agency to serve as the Senior Medical Advisor for the Retirement Home. (2) The Deputy Director of the Defense Health Agency shall serve as Senior Medical Advisor for the Retirement Home in addition to performing all other duties and responsibilities assigned to the Deputy Director of the Defense Health Agency at the time of the designation under paragraph (1) or afterward. (b) Responsibilities The Senior Medical Advisor shall provide advice to the Secretary of Defense, the Chief Operating Officer, and the Advisory Council regarding the direction and oversight of (1) medical administrative matters at each facility of the Retirement Home; and (2) the provision of medical care, preventive mental health, and dental care services at each facility of the Retirement Home. (c) Duties In carrying out the responsibilities set forth in subsection (b), the Senior Medical Advisor shall perform the following duties: (1) Facilitate and monitor the timely availability to residents of the Retirement Home such medical, mental health, and dental care services as such residents may require at locations other than the Retirement Home. (2) Monitor compliance by the facilities of the Retirement Home with accreditation standards, applicable nationally recognized health care standards and requirements, or any other applicable health care standards and requirements. (3) Periodically visit each facility of the Retirement Home to review (A) the medical facilities, medical operations, medical records and reports, and the quality of care provided to residents; and (B) inspections and audits to ensure that appropriate follow-up regarding issues and recommendations raised by such inspections and audits has occurred. (4) Report on the findings and recommendations developed as a result of each review conducted under paragraph (3) to the Chief Operating Officer, the Advisory Council, and the Secretary of Defense. (d) Advisory bodies In carrying out the responsibilities set forth in subsection (b) and the duties set forth in subsection (c), the Senior Medical Advisor may establish and seek the advice of such advisory bodies as the Senior Medical Advisor considers appropriate. ( Pub. L. 101510, div. A, title XV,  1513A Pub. L. 110181, div. A, title XIV,  1422(d)(1) Jan. 28, 2008 122 Stat. 420 Pub. L. 11281, div. A, title V Dec. 31, 2011 125 Stat. 1420 Pub. L. 113291, div. A, title VII,  721 Dec. 19, 2014 128 Stat. 3417 Pub. L. 11591, div. A, title XIV,  1413(a)(1) Dec. 12, 2017 131 Stat. 1707 Pub. L. 115232, div. A, title XIV,  1413 Aug. 13, 2018 132 Stat. 2092 Pub. L. 116283, div. A, title XIV,  1413(b)(1) Jan. 1, 2021 134 Stat. 4032  Editorial Notes Amendments 2021Subsec. (c)(2). Pub. L. 116283 2018Subsec. (c)(1). Pub. L. 115232,  1413(1) Subsec. (c)(2). Pub. L. 115232,  1413(2) 2017Subsec. (b). Pub. L. 11591,  1413(a)(1)(A) Subsec. (c)(4). Pub. L. 11591,  1413(a)(1)(B) 2014Subsec. (a). Pub. L. 113291,  721(a) Subsec. (c)(2). Pub. L. 113291,  721(b) 2011 Pub. L. 11281,  567(c)(3) Subsec. (b). Pub. L. 11281,  562(a) Subsec. (c)(3) to (5). Pub. L. 11281,  562(b) (3) Periodically visit and inspect the medical facilities and medical operations of each facility of the Retirement Home. (4) Periodically examine and audit the medical records and administration of the Retirement Home. (5) Consult with the Local Board for each facility of the Retirement Home not less frequently than once each year.  414. Fees paid by residents (a) Monthly fees The Administrator of each facility of the Retirement Home shall collect a monthly fee from each resident of that facility. (b) Deposit of fees The Administrators shall deposit fees collected under subsection (a) in the Armed Forces Retirement Home Trust Fund. (c) Fixing fees (1) The Chief Operating Officer, with the approval of the Secretary of Defense, shall from time to time prescribe the fees required by subsection (a). Changes to such fees shall be based on the financial needs of the Retirement Home and the ability of the residents to pay. A change of a fee may not take effect until 120 days after the Secretary of Defense transmits a notification of the change to the Committees on Armed Services of the Senate and the House of Representatives. (2) (A) The fee shall be fixed as a percentage of the monthly income and monthly payments (including Federal payments) received by a resident. The percentage shall be the same for each facility of the Retirement Home. The Secretary of Defense may make any adjustment in a percentage that the Secretary determines appropriate. (B) The calculation of monthly income and monthly payments under subparagraph (A) for a resident eligible under section 412(a)(5) of this title (3) The fee shall be subject to a limitation on maximum monthly amount. The amount of the limitation shall be increased, effective on January 1 of each year, by the percentage of the increase in retired pay and retainer pay that takes effect on the preceding December 1 under subsection (b) of section 1401a of title 10 (4) The Administrator of each facility of the Retirement Home may collect a fee upon admission from a resident accepted under section 412(a)(5) of this title section 1007(i)(1) of title 37 ( Pub. L. 101510, div. A, title XV,  1514 Nov. 5, 1990 104 Stat. 1725 Pub. L. 103337, div. A, title III,  371(b) Oct. 5, 1994 108 Stat. 2735 Pub. L. 107107, div. A, title XIV,  1405(b) Dec. 28, 2001 115 Stat. 1261 Pub. L. 11281, div. A, title V Dec. 31, 2011 125 Stat. 1424 Pub. L. 116283, div. A, title XIV,  1412(b) Jan. 1, 2021 134 Stat. 4031  Editorial Notes Amendments 2021Subsec. (c)(2). Pub. L. 116283,  1412(b)(1) Subsec. (c)(4). Pub. L. 116283,  1412(b)(2) 2011Subsec. (a). Pub. L. 11281,  564(b)(1) Subsec. (b). Pub. L. 11281,  564(b)(2) Subsec. (c)(3). Pub. L. 11281,  565(a) January 1, 2003 Subsec. (d). Pub. L. 11281,  565(b) 2001 Pub. L. 107107 1994Subsec. (c)(2). Pub. L. 103337,  371(b)(1) Subsec. (d). Pub. L. 103337,  371(b)(2) section 1541(a) of Pub. L. 101510 Subsec. (e). Pub. L. 103337,  371(b)(2)(A) Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Pub. L. 103337, div. A, title III,  371(d)(2) Oct. 5, 1994 108 Stat. 2735 The amendments made by subsection (b) [amending this section] shall take effect on October 1, 1997 Effective Date Section effective one year after Nov. 5, 1990 section 1541(a) of Pub. L. 101510 section 401 of this title Relief for Residents of the Armed Forces Retirement Home Impacted by Increase in Fees Pub. L. 115232, div. A, title XIV,  1415 Aug. 13, 2018 132 Stat. 2092  (a)  Prohibition on Removal for Inability To Pay Fee Increase A resident of the Armed Forces Retirement Home as of September 30, 2018 October 1, 2018 (b)  Other Relief The Chief Operating Officer of the Armed Forces Retirement Home shall take all actions practicable to accommodate residents of the Retirement Home who are impacted by the fee structure applicable to residents of the Retirement Home that takes effect on October 1, 2018 Limitation on Applicability of Fee Increase for Residents of the Armed Forces Retirement Home Pub. L. 115232, div. A, title XIV,  1416 Aug. 13, 2018 132 Stat. 2092  (a)  In General In the case of an individual who was a resident of the Armed Forces Retirement Home as of April 9, 2018 October 1, 2018 October 1, 2018 (b)  Notice and Wait on Implementation of Future Increases Any increase in the fees for residents of the Home that is scheduled to take effect after October 1, 2018  415. Chief Operating Officer (a) Appointment (1) The Secretary of Defense shall appoint the Chief Operating Officer of the Retirement Home. (2) The Chief Operating Officer shall serve at the pleasure of the Secretary of Defense. (3) The Secretary of Defense shall evaluate the performance of the Chief Operating Officer at least once each year. (b) Qualifications To qualify for appointment as the Chief Operating Officer, a person shall (1) be a continuing care retirement community professional; (2) have appropriate leadership and management skills; and (3) have experience and expertise in the operation and management of retirement homes and in the provision of long-term medical care for older persons. (c) Responsibilities (1) The Chief Operating Officer shall be responsible to the Secretary of Defense for the overall direction, operation, and management of the Retirement Home and shall report to the Secretary on those matters. (2) The Chief Operating Officer shall supervise the operation and administration of the Armed Forces Retirement HomeWashington and the Armed Forces Retirement HomeGulfport. (3) The Chief Operating Officer shall perform the following duties: (A) Issue, and ensure compliance with, appropriate rules for the operation of the Retirement Home. (B) Periodically visit, and inspect the operation of, the facilities of the Retirement Home. (C) Periodically examine and audit the accounts of the Retirement Home. (D) Establish any advisory body or bodies that the Chief Operating Officer considers to be necessary. (d) Compensation (1) The Secretary of Defense may prescribe the pay of the Chief Operating Officer, except that the annual rate of basic pay, including locality pay, of the Chief Operating Officer may not exceed the annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5 (2) In addition to basic pay and any locality pay prescribed for the Chief Operating Officer, the Secretary may award the Chief Operating Officer, not more than once each year, a bonus based on the performance of the Chief Operating Officer for the year. The Secretary shall prescribe the amount of any such bonus. (3) The total amount of the basic pay and bonus paid the Chief Operating Officer for a year under this section may not exceed the annual rate of basic pay payable for level I of the Executive Schedule under section 5312 of title 5 (e) Administrative staff (1) The Chief Operating Officer may, subject to the approval of the Secretary of Defense, appoint a staff to assist in the performance of the Chief Operating Officers duties in the overall administration of the Retirement Home. (2) The Chief Operating Officer shall prescribe the rates of pay applicable to the members of the staff appointed under paragraph (1), except that (A) 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 may not receive additional pay by reason of service on the administrative staff; and (B) the limitations in section 5373 of title 5 (f) Acceptance of gifts (1) The Chief Operating Officer may accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property, or any income therefrom or other interest therein, for the benefit 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 Armed Forces Retirement Home Trust Fund. ( Pub. L. 101510, div. A, title XV,  1515 Nov. 5, 1990 104 Stat. 1726 Pub. L. 102190, div. A, title X,  1062(a)(4) Dec. 5, 1991 105 Stat. 1475 Pub. L. 103160, div. A, title III,  366(b) Nov. 30, 1993 107 Stat. 1630 Pub. L. 104201, div. A, title X,  1051(a) Sept. 23, 1996 110 Stat. 2648 Pub. L. 107107, div. A, title XIV,  1404(a) Dec. 28, 2001 115 Stat. 1259 Pub. L. 11281, div. A, title V,  563(b)(2) Dec. 31, 2011 125 Stat. 1423 Pub. L. 115232, div. A, title XIV,  1414 Aug. 13, 2018 132 Stat. 2092  Editorial Notes Amendments 2018Subsec. (f)(1). Pub. L. 115232 2011Subsec. (c)(2). Pub. L. 11281 2001 Pub. L. 107107 1996Subsec. (e)(3). Pub. L. 104201,  1051(a) Subsec. (f). Pub. L. 104201,  1051(b)(1) 1993Subsec. (d)(1). Pub. L. 103160 1991Subsecs. (a), (c). Pub. L. 102190,  1062(a)(4)(A) Subsec. (d)(2). Pub. L. 102190,  1062(a)(4)(B) Statutory Notes and Related Subsidiaries Effective Date Section effective one year after Nov. 5, 1990 Oct. 1, 1991 Pub. L. 101510 section 401 of this title Savings Provision Pub. L. 104201, div. A, title X,  1051(b)(2) Sept. 23, 1996 110 Stat. 2649 The amendment made by this subsection [amending this section] shall not affect the staggered terms of members of the Armed Forces Retirement Home Board or a Local Board of the Retirement Home under section 1515(f) of such Act [subsec. (f) of this section], as such section is in effect before the date of the enactment of this Act [ Sept. 23, 1996  416. Advisory Council (a) Establishment The Retirement Home shall have an Advisory Council, to be known as the Armed Forces Retirement Home Advisory Council. The Advisory Council shall serve the interests of both facilities of the Retirement Home. (b) Duties (1) The Advisory Council shall provide to the Chief Operating Officer and the Administrator of each facility such guidance and recommendations on the administration of the Retirement Home and the quality of care provided to residents as the Advisory Council considers appropriate. (2) Not less often than annually, the Advisory Council shall submit to the Secretary of Defense a report summarizing its activities during the preceding year and providing such observations and recommendations with respect to the Retirement Home as the Advisory Council considers appropriate. (3) In carrying out its functions, the Advisory Council shall provide for participation in its activities by a representative of the Resident Advisory Committee of each facility of the Retirement Home. (c) Composition (1) The Advisory Council shall consist of at least 15 members. (2) Members of the Advisory Council shall be designated by the Secretary of Defense, except that an individual who is not an employee of the Department of Defense shall be designated, in consultation with the Secretary of Defense, by the head of the Federal department or agency that employs the individual. (3) The Advisory Council shall include the following members: (A) One member who is an expert in nursing home or retirement home administration and financing. (B) One member who is an expert in gerontology. (C) One member who is an expert in financial management. (D) Two representatives of the Department of Veterans Affairs, one to be designated from each of the regional offices nearest in proximity to the facilities of the Retirement Home. (E) The Chairpersons of the Resident Advisory Committees. (F) One enlisted representative of the Services Retiree Advisory Council. (G) The senior noncommissioned officer of one of the Armed Forces. (H) Two senior representatives of military medical treatment facilities, one to be designated from each of the military hospitals nearest in proximity to the facilities of the Retirement Home. (I) One senior judge advocate from one of the Armed Forces. (J) One senior representative of one of the chief personnel officers of the Armed Forces. (K) Such other members as the Secretary of Defense may designate. (4) The Administrator of the each facility of the Retirement Home shall be a nonvoting member of the Advisory Council. (5) The Secretary of Defense shall designate one member of the Advisory Council to serve as the Chairperson of the Advisory Council. The Chairperson shall conduct the meetings of the Advisory Council. (d) Term of service (1) Except as provided in paragraphs (2), (3), and (4), the term of service of a member of the Advisory Council shall be two years. The Secretary of Defense may designate a member to serve one additional term. (2) Unless earlier terminated by the Secretary of Defense, a person may continue to serve as a member of the Advisory Council after the expiration of the members term until a successor is designated. (3) The Secretary of Defense may terminate the term of service of a member of the Advisory Council before the expiration of the members term. (4) A member of the Advisory Council serves as a member of the Advisory Council only for as long as the member is assigned to or serving in a position for which the duties include the duty to serve as a member of the Advisory Council. (e) Vacancies A vacancy in the Advisory Council shall be filled in the manner in which the original designation was made. A member designated to fill a vacancy occurring before the end of the term of the predecessor shall be designated for the remainder of the term of the predecessor. A vacancy in the Advisory Council shall not affect its authority to perform its duties. (f) Compensation (1) Except as provided in paragraph (2), a member of the Advisory Council may (A) be provided a stipend consistent with the daily government consultant fee for each day on which the member is engaged in the performance of services for the Advisory Council; and (B) while away from home or regular place of business in the performance of services for the Advisory Council, 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 Advisory Council 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 serving as a member of the Advisory Council. ( Pub. L. 101510, div. A, title XV,  1516 Pub. L. 11281, div. A, title V,  563(a) Dec. 31, 2011 125 Stat. 1421 Pub. L. 11591, div. A, title XIV,  1413(b) Dec. 12, 2017 131 Stat. 1708 Pub. L. 116283, div. A, title XIV,  1413(b)(2) Jan. 1, 2021 134 Stat. 4032  Editorial Notes Prior Provisions A prior section 416, Pub. L. 101510, div. A, title XV,  1516 Nov. 5, 1990 104 Stat. 1728 Pub. L. 107107, div. A, title XIV,  1406 Dec. 28, 2001 115 Stat. 1262 Pub. L. 110181, div. A, title XIV,  1422(e) Jan. 28, 2008 122 Stat. 421 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4613 Pub. L. 11281, div. A, title V,  563(a) Dec. 31, 2011 125 Stat. 1421 Amendments 2021Subsec. (b)(3). Pub. L. 116283 2017Subsec. (c)(1). Pub. L. 11591,  1413(b)(1) Subsec. (f)(1). Pub. L. 11591,  1413(b)(2)  416a. Resident Advisory Committees (a) Establishment and purpose (1) A Resident Advisory Committee is an elected body of residents at each facility of the Retirement Home established to provide a forum for all residents to express their needs, ideas, and interests through elected representatives of their respective floor or area. (2) A Resident Advisory Committee (A) serves as a forum for ideas, recommendations, and representation to management of that facility of the Retirement Home to enhance the morale, safety, health, and well-being of residents; and (B) provides a means to communicate policy and general information between residents and management. (b) Election process The election process for the Resident Advisory Committee at a facility of the Retirement Home shall be coordinated by the facility Ombudsman. (c) Chairperson (1) The Chairperson of a Resident Advisory Committee shall be elected at large and serve a two-year term. (2) Chairpersons serve as a liaison to the Administrator and are voting members of the Advisory Council. Chairpersons shall create meeting agendas, conduct the meetings, and provide a copy of the minutes to the Administrator, who will forward the copy to the Chief Operating Officer for approval. (d) Meetings At a minimum, meetings of a Resident Advisory Committee shall be conducted quarterly. ( Pub. L. 101510, div. A, title XV,  1516A Pub. L. 11281, div. A, title V,  563(a) Dec. 31, 2011 125 Stat. 1423  417. Administrators, Ombudsmen, and staff of facilities (a) Appointment The Secretary of Defense shall appoint an Administrator and an Ombudsman for each facility of the Retirement Home. (b) Administrator The Administrator of a facility shall (1) be a civilian with experience as a continuing care retirement community professional or a member of the Armed Forces serving on active duty in a grade below brigadier general or, in the case of the Navy, rear admiral (lower half); (2) have appropriate leadership and management skills; (3) be required to pursue a course of study to receive certification as a retirement facilities director by an appropriate civilian certifying organization, if the Administrator is not so certified at the time of appointment; and (4) serve at the pleasure of the Secretary of Defense. (c) Duties of Administrator (1) The Administrator of a facility shall be responsible for the day-to-day operation of the facility, including the acceptance of applicants to be residents of that facility. (2) The Administrator of a facility shall keep accurate and complete records of the facility. (d) Ombudsman (1) The Ombudsman of a facility shall (A) be a member of the Armed Forces serving on active duty in the grade of Sergeant Major, Master Chief Petty Officer, or Chief Master Sergeant or a member or former member retired in that grade; and (B) have appropriate leadership and management skills. (2) The Ombudsman of a facility shall serve at the pleasure of the Secretary of Defense. (e) Duties of Ombudsman (1) The Ombudsman of a facility shall, under the authority, direction, and control of the Administrator of the facility, serve as ombudsman for the residents and perform such other duties as the Administrator may assign. (2) The Ombudsman may provide information to the Administrator, the Chief Operating Officer, the Senior Medical Advisor, and the Secretary of Defense. (f) Staff (1) The Administrator of a facility may, subject to the approval of the Chief Operating Officer, appoint and prescribe the pay of such principal staff as the Administrator considers appropriate to assist the Administrator in operating the facility. (2) The principal staff of a facility 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. (g) Annual evaluation of Administrators (1) The Chief Operating Officer shall evaluate the performance of each of the Administrators of the facilities of the Retirement Home each year. (2) The Chief Operating Officer shall submit to the Secretary of Defense any recommendations regarding an Administrator that the Chief Operating Officer determines appropriate taking into consideration the annual evaluation. ( Pub. L. 101510, div. A, title XV,  1517 Nov. 5, 1990 104 Stat. 1729 Pub. L. 102190, div. A, title X,  1062(a)(5) Dec. 5, 1991 105 Stat. 1475 Pub. L. 104201, div. A, title X,  1051(c) Sept. 23, 1996 110 Stat. 2649 Pub. L. 105261, div. A, title X,  1041(a) Oct. 17, 1998 112 Stat. 2124 Pub. L. 107107, div. A, title XIV,  1407 Dec. 28, 2001 115 Stat. 1264 Pub. L. 11281, div. A, title V Dec. 31, 2011 125 Stat. 1424 Pub. L. 11591, div. A, title XIV,  1413(a)(2) Dec. 12, 2017 131 Stat. 1707 Pub. L. 116283, div. A, title XIV,  1413(b)(3) Jan. 1, 2021 134 Stat. 4032  Editorial Notes Amendments 2021Subsec. (e)(2). Pub. L. 116283 2017Subsec. (b)(4). Pub. L. 11591,  1413(c) Subsec. (e)(2). Pub. L. 11591,  1413(a)(2) 2011 Pub. L. 11281,  567(c)(4) Subsec. (a). Pub. L. 11281,  564(a)(1) Subsecs. (b), (c). Pub. L. 11281,  564(a)(2) Subsec. (d). Pub. L. 11281,  564(a)(4) Pub. L. 11281,  564(a)(3) Subsec. (e). Pub. L. 11281,  564(a)(5) Pub. L. 11281,  564(a)(3) Subsec. (f). Pub. L. 11281,  564(a)(3) Subsec. (f)(1). Pub. L. 11281,  564(a)(6) Subsec. (g). Pub. L. 11281,  564(a)(7) Pub. L. 11281,  564(a)(3) Subsecs. (h), (i). Pub. L. 11281,  564(a)(3) 2001 Pub. L. 107107 1998Subsec. (a)(2). Pub. L. 105261,  1041(a)(1)(A) Subsec. (a)(2)(B). Pub. L. 105261,  1041(a)(1)(B) Subsec. (a)(3) to (5). Pub. L. 105261,  1041(a)(2) Subsec. (c). Pub. L. 105261,  1041(b) Subsec. (g). Pub. L. 105261,  1041(c) 1996Subsec. (f). Pub. L. 104201 (1) Until the date on which the Secretary of Defense first appoints the Director for the establishment of the Retirement Home known as the Naval Home, the Governor of the Naval Home shall operate that facility consistent with this chapter and other laws applicable to the Retirement Home. (2) Until the date on which the Secretary of Defense first appoints the Director for the facility of the Retirement Home known as the United States Soldiers and Airmens Home, the Governor of the United States Soldiers and Airmens Home shall operate that establishment consistent with this chapter and other laws applicable to the Retirement Home. 1991Subsec. (f). Pub. L. 102190 Statutory Notes and Related Subsidiaries Effective Date of 1998 Amendment Pub. L. 105261, div. A, title X,  1041(d) Oct. 17, 1998 112 Stat. 2124 The amendments made by this section [amending this section] shall take effect on October 1, 1998 Effective Date Section effective one year after Nov. 5, 1990 section 1541(a) of Pub. L. 101510 section 401 of this title  418. Periodic inspection of retirement home facilities (a) Inspections The Chief Operating Officer shall request the inspection of each facility of the Retirement Home by a nationally recognized civilian accrediting organization in accordance with section 411(g) of this title (b) Availability of staff and records The Chief Operating Officer and the Administrator of a facility being inspected under this section shall make all staff, other personnel, and records of the facility available to the civilian accrediting organization in a timely manner for purposes of inspections under this section. (c) Reports Not later than 60 days after receiving a report on an inspection from the civilian accrediting organization under this section, the Chief Operating Officer shall submit to the Secretary of Defense, the Senior Medical Advisor, and the Advisory Council a report containing (1) the results of the inspection; and (2) a plan to address any recommendations and other matters set forth in the report. ( Pub. L. 101510, div. A, title XV,  1518 Nov. 5, 1990 104 Stat. 1730 Pub. L. 105261, div. A, title X,  1042(a) Oct. 17, 1998 112 Stat. 2125 Pub. L. 107107, div. A, title XIV,  1404(b)(1)(C) Dec. 28, 2001 115 Stat. 1260 Pub. L. 110181, div. A, title XIV,  1422(f) Jan. 28, 2008 122 Stat. 422 Pub. L. 11281, div. A, title V Dec. 31, 2011 125 Stat. 14231426 Pub. L. 11591, div. A, title X,  1051(d) Dec. 12, 2017 131 Stat. 1562 Pub. L. 115232, div. A, title X,  1081(c)(3) Aug. 13, 2018 132 Stat. 1985 Pub. L. 116283, div. A, title XIV,  1413(a) Jan. 1, 2021 134 Stat. 4031  Editorial Notes Amendments 2021 Pub. L. 116283 2018Subsecs. (c)(1), (e). Pub. L. 115232,  1081(c)(3) Pub. L. 11591,  1051(d) 2017Subsec. (c)(1). Pub. L. 11591,  1413(a)(3)(A) Pub. L. 11591,  1051(d)(1) Pub. L. 115232,  1081(c)(3) Subsec. (e). Pub. L. 11591,  1413(a)(3)(B) Pub. L. 11591,  1051(d)(2) Pub. L. 11591,  1051(d)(2) Pub. L. 115232,  1081(c)(3) 2011 Pub. L. 11281,  567(c)(5) Subsec. (b)(1). Pub. L. 11281,  566(1) Pub. L. 11281,  563(b)(3)(A)(i) Subsec. (b)(3). Pub. L. 11281,  563(b)(3)(A)(ii) Subsec. (b)(4). Pub. L. 11281,  564(b)(1) Subsec. (c). Pub. L. 11281,  564(b)(1) Subsec. (c)(1). Pub. L. 11281,  566(2)(A) Pub. L. 11281,  563(b)(3)(B) Subsec. (c)(2). Pub. L. 11281,  566(2)(B) Subsec. (d)(2). Pub. L. 11281,  564(b)(1) Subsec. (e)(1). Pub. L. 11281,  566(3) Pub. L. 11281,  563(b)(3)(C) 2008 Pub. L. 110181 2001Subsec. (c). Pub. L. 107107 1998 Pub. L. 105261 (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 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. Statutory Notes and Related Subsidiaries Effective Date of 2018 Amendment Pub. L. 115232, div. A, title X,  1081(c) Aug. 13, 2018 132 Stat. 1985 Dec. 12, 2017 Pub. L. 11591 Effective Date Section effective one year after Nov. 5, 1990 section 1541(a) of Pub. L. 101510 section 401 of this title First Inspection Pub. L. 105261, div. A, title X,  1042(b) Oct. 17, 1998 112 Stat. 2125 The first inspection under section 1518 of the Armed Forces Retirement Home Act of 1991 [ 24 U.S.C. 418  419. Armed Forces 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 Chief Operating Officer 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). (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 Chief Operating Officer determines are not currently needed to pay for the operation of the Retirement Home. (d) Reporting requirements The Chief Financial Officer of the Armed Forces Retirement Home shall comply with the reporting requirements of subchapter II of chapter 35 of title 31. ( Pub. L. 101510, div. A, title XV,  1519 Nov. 5, 1990 104 Stat. 1730 Pub. L. 107107, div. A, title XIV Dec. 28, 2001 115 Stat. 1260 Pub. L. 110181, div. A, title XIV,  1422(g) Jan. 28, 2008 122 Stat. 423 Pub. L. 11281, div. A, title V,  567(b)(1) Dec. 31, 2011 125 Stat. 1425  Editorial Notes Amendments 2011Subsec. (a)(2). Pub. L. 11281 2008Subsec. (d). Pub. L. 110181 2001 Pub. L. 107107,  1410(a)(2) Subsec. (c). Pub. L. 107107,  1404(b)(2) Subsec. (d). Pub. L. 107107,  1410(b)(2) (1) During the period beginning on November 5, 1990 September 30, 1994 (2) Beginning on November 5, 1990 October 1, 1991 (3) During the period beginning on November 5, 1990 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 Airmens 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. Statutory Notes and Related Subsidiaries Effective Date Section effective Nov. 5, 1990 section 1541(b) of Pub. L. 101510 section 401 of this title  420. Disposition of effects of deceased persons; unclaimed property (a) Disposition of effects of deceased persons The Administrator of a facility 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 7712(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 Administrator 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 Administrator at any time during the three-year period, the Administrator shall distribute the decedents 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) 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 residents 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 Armed Forces Retirement Home Trust Fund. (C) If a personal representative or other fiduciary is appointed to administer a deceased residents 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 Armed Forces 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 Administrator of a facility of the Retirement Home may designate an attorney who is a full-time officer or employee of the United States or a member of the Armed Forces on active duty 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 residents 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 residents 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 Administrator 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). Disposal may be made within the discretion of the Administrator 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 Administrator to be valueless. (c) Transfer of proceeds to Fund The net proceeds received by the Administrators from the sale of effects under subsection (b) shall be deposited in the Fund. (d) Subsequent claim (1) A claim for the net proceeds of the sale under subsection (b) 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) plus interest. (e) Unclaimed property In the case of property delivered to the Retirement Home under section 2575 of title 10 ( Pub. L. 101510, div. A, title XV,  1520 Nov. 5, 1990 104 Stat. 1731 Pub. L. 103160, div. A, title III,  366(d) Nov. 30, 1993 107 Stat. 1631 Pub. L. 104316, title II,  202(j) Oct. 19, 1996 110 Stat. 3843 Pub. L. 107107, div. A, title XIV Dec. 28, 2001 115 Stat. 1265 Pub. L. 107314, div. A, title X,  1062(f)(3) Dec. 2, 2002 116 Stat. 2651 Pub. L. 108136, div. A, title X,  1045(g) Nov. 24, 2003 117 Stat. 1613 Pub. L. 11281, div. A, title V Dec. 31, 2011 125 Stat. 1424 Pub. L. 115232, div. A, title VIII,  809(g) Aug. 13, 2018 132 Stat. 1842  Editorial Notes Amendments 2018Subsec. (a). Pub. L. 115232 2011 Pub. L. 11281,  567(c)(6) Pub. L. 11281,  564(b)(1) Subsec. (c). Pub. L. 11281,  564(b)(2) 2003Subsec. (b)(1)(C). Pub. L. 108136 2002Subsec. (e). Pub. L. 107314 Pub. L. 107107,  1410(a)(3)(C) 2001Subsec. (a). Pub. L. 107107,  1410(a)(3)(A) Subsec. (b)(1)(B). Pub. L. 107107,  1408(b) Subsec. (b)(2)(A). Pub. L. 107107 Subsec. (e). Pub. L. 107107,  1410(a)(3)(C) Pub. L. 107314 1996Subsec. (b)(1)(C). Pub. L. 104316,  202(j)(1) Subsec. (d). Pub. L. 104316,  202(j)(2) 1993Subsec. (a). Pub. L. 103160,  366(d) (1) A will or other paper involving property rights shall be promptly delivered to the proper court of record. (2) If the heirs or legal representative of the deceased cannot sooner be ascertained, the Directors shall retain the remaining effects until three years after the death of the deceased, and then, if a right to the effects is established to the satisfaction of the Directors, shall deliver the effects to the living person highest on the following list who can be found: (A) The surviving spouse or legal representative. (B) A child of the deceased. (C) A parent of the deceased. (D) A brother or sister of the deceased. (E) The next-of-kin of the deceased. (F) A beneficiary named in the will of the deceased. Subsec. (b). Pub. L. 103160,  366(e) (1) After three years from the date of death of the deceased, the Directors may sell the effects to which a right has not been established under subsection (a) of this section (except decorations, medals, and citations) by public or private sale, as the Directors consider most advantageous. (2) After five years from the date of death of the deceased, the Directors shall dispose of effects that were not sold under paragraph (1) (including decorations, medals, and citations) and to which a right has not been established under subsection (a) of this section. The sale shall be made in the manner that the Directors consider most appropriate in the public interest. Disposal may include (A) retaining the effects for the use of the Retirement Home; (B) delivering the effects to the Secretary of Veterans Affairs, to a State or other military home, to a museum, or to any other appropriate institution; or (C) destroying the effects if the Retirement Home Board determines that they are valueless. Statutory Notes and Related Subsidiaries Effective Date of 2018 Amendment Amendment by Pub. L. 115232 Feb. 1, 2019 section 800 of Pub. L. 115232 section 3001 of Title 10 Effective Date of 2002 Amendment Pub. L. 107314, div. A, title X,  1062(f) Dec. 2, 2002 116 Stat. 2651 Dec. 28, 2001 Pub. L. 107107 Effective Date Section applicable to estate of each resident of Armed Forces Retirement Home, including United States Soldiers and Airmens Home and Naval Home, who dies after Nov. 29, 1989 section 1541(d) of Pub. L. 101510 section 401 of this title  421. Payment of residents for services (a) Authority The Chief Operating Officer 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) 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 1 1 (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), the term position has the meaning given that term in section 5531 of title 5 ( Pub. L. 101510, div. A, title XV,  1521 Pub. L. 102484, div. A, title III,  385(a) Oct. 23, 1992 106 Stat. 2394 Pub. L. 104201, div. A, title X,  1052(b) Sept. 23, 1996 110 Stat. 2650 Pub. L. 107107, div. A, title XIV,  1404(b)(3) Dec. 28, 2001 115 Stat. 1260  Editorial Notes  References in Text Section 5532 of title 5 Pub. L. 10665, div. A, title VI,  651(a)(1) Oct. 5, 1999 113 Stat. 664 Amendments 2001Subsec. (a). Pub. L. 107107 1996Subsec. (b)(2). Pub. L. 104201 Statutory Notes and Related Subsidiaries Forgiveness of Indebtedness Pub. L. 102484, div. A, title III,  385(b) Oct. 23, 1992 106 Stat. 2394 The Chairman of the Armed Forces Retirement Board is authorized to cancel the indebtedness of any resident of the Armed Forces Retirement Home for repayment to the United States of amounts paid the resident for services provided to the Retirement Home before the date of the enactment of this Act [ Oct. 23, 1992  422. Authority to accept certain uncompensated services (a) Authority to accept services Subject to subsection (b) and notwithstanding section 1342 of title 31 (b) Requirements and limitations (1) The Chief Operating Officer or the Administrator of a facility accepting the services shall notify the person offering the services of the scope of the services accepted. (2) The Chief Operating Officer or Administrator 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) 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 Chief Operating Officer or the Administrator of a facility of the Retirement Home may recruit and train persons to provide services authorized to be accepted under subsection (a). (d) Status of persons providing services (1) Subject to paragraph (3), while providing services accepted under subsection (a) or receiving training under subsection (c), 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) 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), 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 Chief Operating Officer or the Administrator of a facility accepting services under subsection (a) may provide for reimbursement of a person for incidental expenses incurred by the person in providing the services accepted under subsection (a). The Chief Operating Officer or Administrator shall determine which expenses qualify for reimbursement under this subsection. ( Pub. L. 101510, div. A, title XV,  1522 Pub. L. 104201, div. A, title X,  1052(a) Sept. 23, 1996 110 Stat. 2649 Pub. L. 107107, div. A, title XIV,  1404(b)(4) Dec. 28, 2001 115 Stat. 1260 Pub. L. 11281, div. A, title V,  564(b)(1) Dec. 31, 2011 125 Stat. 1424  Editorial Notes Amendments 2011 Pub. L. 11281 2001Subsec. (a). Pub. L. 107107,  1404(b)(4)(A) Subsec. (b)(1). Pub. L. 107107,  1404(b)(4)(B) Subsec. (b)(2). Pub. L. 107107,  1404(b)(4)(C) Subsec. (c). Pub. L. 107107,  1404(b)(4)(D) Subsec. (e). Pub. L. 107107,  1404(b)(4)(E)  423. Preservation of historic buildings and grounds at the Armed Forces Retirement HomeWashington (a) Historic nature of facility Congress finds the following: (1) Four buildings located on six acres of the establishment of the Retirement Home known as the Armed Forces Retirement HomeWashington are included on the National Register of Historic Places maintained by the Secretary of the Interior. (2) Amounts in the Armed Forces Retirement Home Trust Fund, which consists primarily of deductions from the pay of members of the Armed Forces, are insufficient to both maintain and operate the Retirement Home for the benefit of the residents of the Retirement Home and adequately maintain, repair, and preserve these historic buildings and grounds. (3) Other sources of funding are available to contribute to the maintenance, repair, and preservation of these historic buildings and grounds. (b) Authority to accept assistance The Chief Operating Officer and the Administrator of the Armed Forces Retirement HomeWashington may apply for and accept a direct grant from the Secretary of the Interior under section 302904 of title 54 (c) Requirements and limitations Amounts received as a grant under subsection (b) shall be deposited in the Fund, but shall be kept separate from other amounts in the Fund. The amounts received may only be used for the purpose specified in subsection (b). ( Pub. L. 101510, div. A, title XV,  1523 Pub. L. 10665, div. A, title III,  383 Oct. 5, 1999 113 Stat. 583 Pub. L. 107107, div. A, title XIV Dec. 28, 2001 115 Stat. 1261 Pub. L. 11281, div. A, title V,  564(b)(1) Dec. 31, 2011 125 Stat. 1424  Editorial Notes Codification In subsec. (b),  section 302904 of title 54 16 U.S.C. 470a(e)(3) Pub. L. 113287,  6(e) Dec. 19, 2014 128 Stat. 3272 Amendments 2011Subsec. (b). Pub. L. 11281 2001 Pub. L. 107107,  1410(a)(4)(B) Subsec. (a)(1). Pub. L. 107107,  1410(a)(4)(A) Subsec. (b). Pub. L. 107107  424. Repealed. Pub. L. 107107, div. A, title XIV,  1410(a)(5) Dec. 28, 2001 115 Stat. 1266   Section, Pub. L. 101510, div. A, title XV,  1524 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 SUBCHAPTER II TRANSITIONAL PROVISIONS  431 to 433. Repealed. Pub. L. 11281, div. A, title V,  567(a) Dec. 31, 2011 125 Stat. 1425   Section 431, Pub. L. 101510, div. A, title XV,  1531 Pub. L. 107107, div. A, title XIV,  1409 Dec. 28, 2001 115 Stat. 1265  A prior section 431, Pub. L. 101510, div. A, title XV,  1531 Nov. 5, 1990 104 Stat. 1732 Pub. L. 107107, div. A, title XIV,  1409 Dec. 28, 2001 115 Stat. 1265  Section 432, Pub. L. 101510, div. A, title XV,  1532 Pub. L. 107107, div. A, title XIV,  1409 Dec. 28, 2001 115 Stat. 1265  A prior section 1532 of Pub. L. 101510 Nov. 5, 1990 104 Stat. 1732 Pub. L. 107107, div. A, title XIV,  1409 Dec. 28, 2001 115 Stat. 1265  Section 433, Pub. L. 101510, div. A, title XV,  1533 Pub. L. 107107, div. A, title XIV,  1409 Dec. 28, 2001 115 Stat. 1265  A prior section 1533 of Pub. L. 101510 Nov. 5, 1990 104 Stat. 1733 section 6a of this title section 1321 of Title 31 section 1007 of Title 37 section 906 of Title 44 section 2772 of Title 10 Pub. L. 107107, div. A, title XIV,  1409 Dec. 28, 2001 115 Stat. 1265 SUBCHAPTER III AUTHORIZATION OF APPROPRIATIONS  441. Repealed. Pub. L. 107107, div. A, title XIV,  1410(b)(3) Dec. 28, 2001 115 Stat. 1266   Section, Pub. L. 101510, div. A, title XV,  1542 Nov. 5, 1990 104 Stat. 1736