§ 417 TITLE 24—HOSPITALS AND ASYLUMS Page 36

and facilities for inclusion in the Retirement

Home.

(d) Limitation on disposal of real property

(1) Real property of the Retirement Home may

not be disposed of by the Retirement Home

Board by sale or otherwise unless the disposal of

the property is specifically authorized by law.

(2) In any case in which any real property is

sold by the Retirement Home Board, the Board

shall deposit moneys received from the sale of

the property in the Armed Forces Retirement

Home Trust Fund.

(e) Gifts

(1) The Retirement Home Board may accept

gifts of money, property, and facilities on behalf

of the Retirement Home.

(2) Monies received as gifts, or realized from

the disposition of property and facilities received as gifts, shall be deposited in the Fund.

(f) Annual report

Not later than 90 days after the end of each

fiscal year, the Retirement Home Board shall

submit to the Secretary of Defense, for transmission to Congress, a report describing the financial and other affairs of the Retirement

Home for that fiscal year.

(Pub. L. 101–510, div. A, title XV, §1516, Nov. 5,

1990, 104 Stat. 1728.)

EFFECTIVE DATE

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

section 401 of this title.

MODERNIZATION OF FACILITIES AT UNITED STATES

SOLDIERS’ AND AIRMEN’S HOME

Pub. L. 103–337, div. A, title III, §371(c), Oct. 5, 1994,

108 Stat. 2735, provided that:

‘‘(1) The Chairman of the Armed Forces Retirement

Home Board shall carry out a study to identify and

evaluate alternatives for modernization of the facilities

at the United States Soldiers’ and Airmen’s Home.

‘‘(2) The Chairman shall submit an interim report and

a final report on the results of the study to the Committees on Armed Services of the Senate and House of

Representatives [now Committee on Armed Services of

the Senate and Committee on National Security of

House of Representatives]. The Chairman shall submit

the interim report not later than April 1, 1995, and the

final report not later than December 31, 1995.’’

§ 417. Directors and staff

(a) Appointment and qualifications

(1) The Secretary of Defense shall appoint a

Director for each separate establishment of the

Retirement Home.

(2) Each Director shall be appointed from

among persons recommended by the Retirement

Home Board who—

(A) are not officers of the Armed Forces on

active duty; and

(B) have appropriate leadership and management skills, an appreciation and understanding of the culture and norms associated with

military service, and a significant military

background.

(3) Each Director shall be required to pursue a

course of study to receive certification as a retirement facilities director by an appropriate civilian certifying organization if the Director is

not so certified at the time of appointment.

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

The Secretary of Defense may appoint the Director referred to in subsection (a) of this section and Deputy Directors for the Retirement

Home without regard to the provisions of title 5

governing appointments in the competitive service.

(c) Term of Director

The term of office of a Director shall be five

years. A Director may be reappointed for one additional term upon the completion of the first

term of office unless the Director has failed to

successfully complete a course of study to receive certification as a retirement facilities director.

(d) Duties of Directors

(1) A Director shall be responsible for the dayto-day operation of the facility of the Retirement Home for which the Director is appointed,

including the acceptance of applicants to be

residents of that facility.

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

the Retirement Home.

(e) Staff

(1) A Director, subject to the approval of the

Retirement Home Board, may appoint and fix

the pay of such principal staff as the Director

considers appropriate to assist the Director in

operating the facility of the Retirement Home

for which the Director is appointed.

(2) The staff shall include persons with experience and expertise in the operation and management of retirement homes and in the provision

of long-term medical care for older persons.

(3) The Director may exempt four physicians

employed at the Retirement Home from the provisions of subsections (a), (b), and (c) of section

5532 of title 5, if the Director determines that

the exemption is necessary to recruit or retain

well-qualified physicians for the Retirement

Home. An exemption granted under this section

shall apply to the retired pay of the physician

payable for the first month after the month in

which the exemption is granted and shall terminate upon any break in employment with the

Retirement Home of three days or more.

(f) Annual evaluation of Directors

The Chairman of the Retirement Home Board

shall annually evaluate the performance of the

Directors and shall make such recommendations

to the Secretary of Defense as the Chairman

considers appropriate in light of the evaluation.

(Pub. L. 101–510, div. A, title XV, §1517, Nov. 5,

1990, 104 Stat. 1729; Pub. L. 102–190, div. A, title

X, §1062(a)(5), Dec. 5, 1991, 105 Stat. 1475; Pub. L.

104–201, div. A, title X, §1051(c), Sept. 23, 1996, 110

Stat. 2649.)

REFERENCES IN TEXT

The provisions of title 5 governing appointments in

the competitive service, referred to in subsec. (b), are

classified generally to section 3301 et seq. of Title 5,

Government Organization and Employees.
Page 37 TITLE 24—HOSPITALS AND ASYLUMS § 420

AMENDMENTS

1996—Subsec. (f). Pub. L. 104–201 added subsec. (f) and

struck out heading and text of former subsec. (f). Text

read as follows:

‘‘(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 Airmen’s Home, the Governor of the United States

Soldiers’ and Airmen’s Home shall operate that establishment consistent with this chapter and other laws

applicable to the Retirement Home.’’

1991—Subsec. (f). Pub. L. 102–190 made technical

amendment to references to this chapter to correct reference to corresponding provision of original act.

EFFECTIVE DATE

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

section 401 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 401 of this title.

§ 418. Inspection by Inspector General of Department of Defense

The Inspector General of the Department of

Defense shall—

(1) conduct, not later than three years after

the effective date specified in section 1541(a)

(and at six-year intervals thereafter), an inspection of the Retirement Home and the

records of the Retirement Home;

(2) cause the Inspector Generals of the military departments to conduct an inspection of

the Retirement Home and its records at sixyear 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.

(Pub. L. 101–510, div. A, title XV, §1518, Nov. 5,

1990, 104 Stat. 1730.)

REFERENCES IN TEXT

For the effective date specified in section 1541(a), referred to in par. (1), see Effective Date note below.

EFFECTIVE DATE

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

section 401 of this title.

§ 419. Retirement Home Trust Fund

(a) Establishment

There is hereby established in the Treasury of

the United States a trust fund to be known as

the Armed Forces Retirement Home Trust Fund.

The Fund shall consist of the following:

(1) Such amounts as may be transferred to

the Fund.

(2) Moneys deposited in the Fund by the Retirement Home Board realized from gifts or

from the disposition of property and facilities.

(3) Amounts deposited in the Fund as monthly fees paid by residents of the Retirement

Home under section 414 of this title.

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

(5) Amounts deposited in the Fund as deductions from the pay of enlisted members, warrant officers, and limited duty officers under

section 1007(i) of title 37.

(6) Interest from investments made under

subsection (c) of this section.

(b) Availability and use of Fund

Amounts in the Fund shall be available solely

for the operation of the Retirement Home.

(c) Investments

The Secretary of the Treasury may invest in

obligations issued or guaranteed by the United

States any monies in the Fund that the Director

determines are not currently needed to pay for

the operation of the Retirement Home.

(d) Transitional accounts

(1) During the period beginning on November

5, 1990, and ending on September 30, 1994, the

Fund shall contain a separate account for each

establishment of the Retirement Home. During

that period, contributions shall be collected

under subsection (a) of this section for the account of the Naval Home for the purpose of

achieving a trust fund five times the estimated

annual operating budget of the Naval Home.

(2) Beginning on November 5, 1990, funds required for the operation of the United States

Soldiers’ and Airmen’s Home shall be drawn

from the appropriate account. Beginning on October 1, 1991, funds required for the operation of

the Naval Home shall be drawn from the account of the Naval Home.

(3) During the period beginning on November

5, 1990, and ending on September 30, 1994—

(A) amounts collected as monthly fees paid

by residents of the Naval Home and amounts

referred to in subsections (a)(4) and (a)(5) of

this section derived from enlisted members,

warrant officers, and limited duty officers of

the Navy, Marine Corps, and Coast Guard shall

be credited to the account relating to that establishment; and

(B) amounts collected as monthly fees paid

by residents of the United States Soldiers’ and

Airmen’s Home and amounts referred to in

subsections (a)(4) and (a)(5) of this section derived from members and warrant officers of

the Army and Air Force shall be credited to

the account relating to that establishment.

(Pub. L. 101–510, div. A, title XV, §1519, Nov. 5,

1990, 104 Stat. 1730.)

EFFECTIVE DATE

Section effective Nov. 5, 1990, see section 1541(b) of

Pub. L. 101–510, set out as a note under section 401 of

this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 401 of this title.

§ 420. Disposition of effects of deceased persons;

unclaimed property

(a) Disposition of effects of deceased persons

The Director of each facility that is maintained as a separate establishment of the Retire-