24 U.S.C. § 416a — Resident Advisory Committees

Page 42 TITLE 24—HOSPITALS AND ASYLUMS § 416a vide’’, substituted period at end for ‘‘; and’’, and struck out subpar. (B) which read as follows: ‘‘make rec- ommendations to the Inspector General of the Depart- ment of Defense regarding issues that the Inspector General should investigate.’’ 2017—Subsec. (c)(1). Pub. L. 115–91, § 1413(b)(1), sub- stituted ‘‘15 members.’’ for ‘‘15 members, each of whom shall be a full or part-time Federal employee or a mem- ber of the Armed Forces.’’ Subsec. (f)(1). Pub. L. 115–91, § 1413(b)(2), substituted ‘‘may’’ for ‘‘shall’’ in introductory provisions. § 416a. Resident Advisory Committees (a) Establishment and purpose (1) A Resident Advisory Committee is an elect- ed body of residents at each facility of the Re- tirement 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, recommenda- tions, and representation to management of that facility of the Retirement Home to en- hance 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 Ad- ministrator and are voting members of the Advi- sory 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 Of- ficer for approval. (d) Meetings At a minimum, meetings of a Resident Advi- sory Committee shall be conducted quarterly. (Pub. L. 101–510, div. A, title XV, § 1516A, as added Pub. L. 112–81, 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 Ad- ministrator 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 con- tinuing care retirement community profes- sional or a member of the Armed Forces serv- ing on active duty in a grade below brigadier general or, in the case of the Navy, rear admi- ral (lower half); (2) have appropriate leadership and manage- ment 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 re- sponsible for the day-to-day operation of the fa- cility, 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 serv- ing on active duty in the grade of Sergeant Major, Master Chief Petty Officer, or Chief Master Sergeant or a member or former mem- ber retired in that grade; and (B) have appropriate leadership and manage- ment 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 Ad- ministrator 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 Offi- cer, the Senior Medical Advisor, and the Sec- retary of Defense. (f) Staff (1) The Administrator of a facility may, sub- ject to the approval of the Chief Operating Offi- cer, appoint and prescribe the pay of such prin- cipal staff as the Administrator considers appro- priate to assist the Administrator in operating the facility. (2) The principal staff of a facility shall in- clude 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 Oper- ating Officer determines appropriate taking into consideration the annual 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; Pub. L. 105–261, div. A, title X, § 1041(a)–(c), Oct. 17, 1998, 112 Stat. 2124; Pub. L. 107–107, div. A, title XIV, § 1407, Dec. 28, 2001, 115 Stat. 1264; Pub. L. 112–81, div. A, title V, §§ 564(a), 567(c)(4), Dec. 31, 2011, 125 Stat. 1424, 1426; Pub. L. 115–91, div. A, title XIV, § 1413(a)(2), (c), Dec. 12, 2017, 131 Stat. 1707, 1708; Pub. L. 116–283, div. A, title XIV, § 1413(b)(3), Jan. 1, 2021, 134 Stat. 4032.)