24 U.S.C. § 416 — Advisory Council

Page 40 TITLE 24—HOSPITALS AND ASYLUMS § 416 tirement 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 Home—Washington and the Armed Forces Retirement Home—Gulfport. (3) The Chief Operating Officer shall perform the following duties: (A) Issue, and ensure compliance with, ap- propriate rules for the operation of the Retire- ment Home. (B) Periodically visit, and inspect the oper- ation of, the facilities of the Retirement Home. (C) Periodically examine and audit the ac- counts 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 ex- ceed 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 pre- scribe 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 Exec- utive 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, ap- point a staff to assist in the performance of the Chief Operating Officer’s 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, relating to pay set by administrative action, shall apply to the rates of pay prescribed under this paragraph. (f) Acceptance of gifts (1) The Chief Operating Officer may accept, re- ceive, 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 ben- efit of the Retirement Home. (2) Monies received as gifts, or realized from the disposition of property and facilities re- ceived as gifts, shall be deposited in the Armed Forces Retirement Home Trust Fund. (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; Pub. L. 107–107, div. A, title XIV, § 1404(a), Dec. 28, 2001, 115 Stat. 1259; Pub. L. 112–81, div. A, title V, § 563(b)(2), Dec. 31, 2011, 125 Stat. 1423; Pub. L. 115–232, div. A, title XIV, § 1414, Aug. 13, 2018, 132 Stat. 2092.) Editorial Notes AMENDMENTS 2018—Subsec. (f)(1). Pub. L. 115–232 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘The Chief Operating Officer may accept gifts of money, property, and facilities on behalf of the Retire- ment Home.’’ 2011—Subsec. (c)(2). Pub. L. 112–81 struck out ‘‘, including the Local Boards of those facilities’’ be- fore period at end. 2001—Pub. L. 107–107 amended section catchline and text generally, substituting provisions relating to the Chief Operating Officer of the Retirement Home for provisions relating to the composition and operation of Retirement Home Board. 1996—Subsec. (e)(3). Pub. L. 104–201, § 1051(a), added par. (3). Subsec. (f). Pub. L. 104–201, § 1051(b)(1), amended head- ing and text of subsec. (f) generally. Prior to amend- ment, text read as follows: ‘‘Not later than the effec- tive 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 mem- bers of the Retirement Home Board to serve as chair- man. The term of office of the chairman of the Retire- ment 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), sub- stituted ‘‘that Board’’ for ‘‘that board’’. Statutory Notes and Related Subsidiaries 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, formerly set out as a note under section 401 of this title. SAVINGS PROVISION Pub. L. 104–201, div. A, title X, § 1051(b)(2), Sept. 23, 1996, 110 Stat. 2649, 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].’’ § 416. Advisory Council (a) Establishment The Retirement Home shall have an Advisory Council, to be known as the ‘‘Armed Forces Re- tirement Home Advisory Council’’. The Advi- sory Council shall serve the interests of both fa- cilities of the Retirement Home. Page 41 TITLE 24—HOSPITALS AND ASYLUMS § 416 (b) Duties (1) The Advisory Council shall provide to the Chief Operating Officer and the Administrator of each facility such guidance and recommenda- tions on the administration of the Retirement Home and the quality of care provided to resi- dents as the Advisory Council considers appro- priate. (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 Re- tirement Home as the Advisory Council con- siders appropriate. (3) In carrying out its functions, the Advisory Council shall provide for participation in its ac- tivities by a representative of the Resident Ad- visory Committee of each facility of the Retire- ment 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 fol- lowing 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 geron- tology. (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 prox- imity to the facilities of the Retirement Home. (E) The Chairpersons of the Resident Advi- sory Committees. (F) One enlisted representative of the Serv- ices’ 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 des- ignated 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 mem- ber 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 Sec- retary 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 expi- ration of the member’s 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 member’s 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 des- ignation was made. A member designated to fill a vacancy occurring before the end of the term of the predecessor shall be designated for the re- mainder of the term of the predecessor. A va- cancy in the Advisory Council shall not affect its authority to perform its duties. (f) Compensation (1) Except as provided in paragraph (2), a mem- ber 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 per- formance 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 ex- penses (including per diem in lieu of subsist- ence) in the same manner as a person em- ployed 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. 101–510, div. A, title XV, § 1516, as added Pub. L. 112–81, div. A, title V, § 563(a), Dec. 31, 2011, 125 Stat. 1421; amended Pub. L. 115–91, div. A, title XIV, § 1413(b), Dec. 12, 2017, 131 Stat. 1708; Pub. L. 116–283, div. A, title XIV, § 1413(b)(2), Jan. 1, 2021, 134 Stat. 4032.) Editorial Notes PRIOR PROVISIONS A prior section 416, Pub. L. 101–510, div. A, title XV, § 1516, Nov. 5, 1990, 104 Stat. 1728; Pub. L. 107–107, div. A, title XIV, § 1406, Dec. 28, 2001, 115 Stat. 1262; Pub. L. 110–181, div. A, title XIV, § 1422(e), Jan. 28, 2008, 122 Stat. 421; Pub. L. 110–417, [div. A], title X, § 1061(b)(12), Oct. 14, 2008, 122 Stat. 4613, related to local boards of trustees, prior to repeal by Pub. L. 112–81, div. A, title V, § 563(a), Dec. 31, 2011, 125 Stat. 1421. AMENDMENTS 2021—Subsec. (b)(3). Pub. L. 116–283 struck out dash after ‘‘shall’’ and subpar. (A) designation before ‘‘pro- 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.)