Page 35 TITLE 24—HOSPITALS AND ASYLUMS § 416

1So in original. Probably should be ‘‘or’’.

(g) Vacancies

(1) A vacancy in the Retirement Home Board

or a Local Board shall be filled in the manner in

which the original appointment or designation

was made.

(2) A member appointed or designated to fill a

vacancy occurring before the end of the term of

the predecessor of the member shall be appointed or designated, as the case may be, for

the remainder of the term for which the predecessor was appointed.

(3) A vacancy in the Retirement Home Board

or a Local Board shall not affect its authority to

perform its duties.

(h) Compensation

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

(A) be provided a stipend consistent with the

daily government consultant fee for each day

in which the member is engaged in the performance of services for the Retirement Home

Board or a Local Board; and

(B) while away from home or regular place

of business in the performance of services for

the Retirement Home Board or a Local Board,

be allowed travel expenses (including per diem

in lieu of subsistence) in the same manner as

a person employed intermittently in Government under sections 5701 through 5707 of title

5.

(2) A member of the Retirement Home Board

or a Local Board who is a member of the Armed

Forces on active duty or a full-time officer or

employee of the United States shall receive no

additional pay by reason of service on the Retirement Home Board or a Local Board.

(i) Meetings

(1) The Retirement Home Board shall meet

twice a year, or at more frequent intervals, at

the call of the chairman or a majority of the

members.

(2) The first meeting of the Retirement Home

Board shall be held during the 30-day period beginning on the later of—

(A) the effective date specified in section

1541(a); and 1

(B) the date on which the last of the five

members required by subsection (b) of this section to be appointed is first appointed.

(Pub. L. 101–510, div. A, title XV, §1515, Nov. 5,

1990, 104 Stat. 1726; Pub. L. 102–190, div. A, title

X, §1062(a)(4), Dec. 5, 1991, 105 Stat. 1475; Pub. L.

103–160, div. A, title III, §366(b), Nov. 30, 1993, 107

Stat. 1630; Pub. L. 104–201, div. A, title X,

§1051(a), (b)(1), Sept. 23, 1996, 110 Stat. 2648.)

REFERENCES IN TEXT

For the effective date specified in section 1541(a), referred to in subsec. (i)(2)(A), see Effective Date note set

out under section 401 of this title.

AMENDMENTS

1996—Subsec. (e)(3). Pub. L. 104–201, §1051(a), added

par. (3).

Subsec. (f). Pub. L. 104–201, §1051(b)(1), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: ‘‘Not later than the effective date specified in section 1541(a), members of the

Retirement Home Board and the members of each

Local Board shall be first appointed to staggered

terms.’’

1993—Subsec. (d)(1). Pub. L. 103–160 amended par. (1)

generally. Prior to amendment, par. (1) read as follows:

‘‘The Secretary of Defense shall select one of the members of the Retirement Home Board to serve as chairman. The term of office of the chairman of the Retirement Home Board shall be five years.’’

1991—Subsecs. (a), (c). Pub. L. 102–190, §1062(a)(4)(A),

substituted ‘‘Local Boards’’ for ‘‘local boards’’.

Subsec. (d)(2). Pub. L. 102–190, §1062(a)(4)(B), substituted ‘‘that Board’’ for ‘‘that board’’.

CHANGE OF NAME

Reference to Comptroller of the Department of Defense to be treated as reference to Under Secretary of

Defense (Comptroller) pursuant to section 903(d) of Pub.

L. 103–337, set out as a note under section 135 of Title

10, Armed Forces.

EFFECTIVE DATE

Section effective one year after Nov. 5, 1990, except

that provisions of this section relating to appointment

and designation of members of Retirement Home Board

and Local Boards effective Oct. 1, 1991, see section

1541(a), (c) of Pub. L. 101–510, set out as a note under

section 401 of this title.

SAVINGS PROVISION

Section 1051(b)(2) of Pub. L. 104–201 provided that:

‘‘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].’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 416 of this title.

§ 416. Duties of Retirement Home Board

(a) Overall operation of Retirement Home

The Retirement Home Board shall be responsible for the overall operation of the Retirement

Home. As part of such responsibilities, the Retirement Home Board shall perform the following duties:

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

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

Home.

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

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

(b) Special duties of specific members

The Retirement Home Board shall assign specific members of the Retirement Home Board

appointed under section 415(b) of this title to

oversee the operations of each facility of the Retirement Home maintained as a separate establishment of the Retirement Home for administrative purposes.

(c) Acquisition of real property

The Retirement Home Board may acquire, for

the benefit of the Retirement Home, property
§ 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.