24 USC § 416 - Local Boards of Trustees

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Current through Pub. L. 112-90. (See Public Laws for the current Congress.)

(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—

(A) provide for participation in its activities by a representative of the Resident Advisory Committee of each facility of the Retirement Home; and

(B) make recommendations to the Inspector General of the Department of Defense regarding issues that the Inspector General should investigate.

(1) The Advisory Council shall consist of at least 15 members, each of whom shall be a full or part-time Federal employee or a member of the Armed Forces.

(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.

(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 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 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 shall—

(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.

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(a) Establishment

Each facility of the Retirement Home shall have a Local Board of Trustees.

(b) Duties

(1) The Local Board for a facility shall serve in an advisory capacity to the Director of the facility and to the Chief Operating Officer.

(2) The Local Board for a facility shall provide to the Chief Operating Officer and the Director of the facility such guidance and recommendations on the administration of the facility as the Local Board considers appropriate.

(3) Not less often than annually, the Local Board for a facility shall provide to the Under Secretary of Defense for Personnel and Readiness an assessment of all aspects of the facility, including the quality of care at the facility.

(1) The Local Board for a facility shall consist of at least 11 members who (except as otherwise specifically provided) shall be appointed by the Secretary of Defense in consultation with each of the Secretaries of the military departments concerned. At least one member of the Local Board shall have a perspective that is oriented toward the Retirement Home overall. The Local Board for a facility shall consist of the following members:

(A) One member who is a civilian expert in nursing home or retirement home administration and financing from the geographical area of the facility.

(B) One member who is a civilian expert in gerontology from the geographical area of the facility.

(D) One representative of the Department of Veterans Affairs regional office nearest in proximity to the facility, who shall be designated by the Secretary of Veterans Affairs.

(E) One representative of the resident advisory committee or council of the facility.

(F) One enlisted representative of the Services’ Retiree Advisory Council.

(G) The senior noncommissioned officer of one of the Armed Forces.

(H) One senior representative of the military hospital nearest in proximity to the facility.

(I) One senior judge advocate from one of the Armed Forces.

(J) The Director of the facility, who shall be a nonvoting member.

(K) One senior representative of one of the chief personnel officers of the Armed Forces, who shall be a commissioned officer of the Armed Forces serving on active duty in the grade of brigadier general, or in the case of the Navy or Coast Guard, rear admiral (lower half).

(L) Other members designated by the Secretary of Defense (if the Local Board is to have more than 11 members).

(2) The Secretary of Defense shall designate one member of a Local Board to serve as the chairman of the Local Board at the pleasure of the Secretary of Defense.

(d) Terms

(1) Except as provided in subsections (e), (f), and (g) of this section, the term of office of a member of a Local Board shall be five years.

(2) Unless earlier terminated by the Secretary of Defense, a person may continue to serve as a member of the Local Board after the expiration of the member’s term until a successor is appointed or designated, as the case may be.

(e) Early expiration of term

A member of a Local Board who is a member of the Armed Forces or an employee of the United States serves as a member of the Local Board 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 Local Board.

(f) Vacancies

(1) A vacancy in the membership of a Local Board shall be filled in the manner in which the original appointment or designation was made, as the case may be.

(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 a Local Board shall not affect its authority to perform its duties.

(g) Early termination

The Secretary of Defense may terminate the appointment of a member of a Local Board before the expiration of the member’s term for any reason that the Secretary determines appropriate.

(h) Compensation

(1) Except as provided in paragraph (2), a member of a Local Board shall—

(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 Local Board; and

(B) while away from home or regular place of business in the performance of services for the 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 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 serving as a member of a Local Board.

Source

(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.)

Amendments

2008—Subsec. (b). Pub. L. 110–181, § 1422(e)(1), amended subsec. (b) generally. Prior to amendment, text read as follows: “The Local Board for a facility shall serve in an advisory capacity to the Director of the facility and to the Chief Operating Officer.”

Subsec. (c)(1)(K). Pub. L. 110–181, § 1422(e)(2), as amended by Pub. L. 110–417, amended subpar. (K) generally. Prior to amendment, subpar. (K) read as follows: “One senior representative of one of the chief personnel officers of the Armed Forces.”

2001—Pub. L. 107–107amended section catchline and text generally, substituting provisions relating to Local Boards of Trustees for provisions relating to the duties of the Retirement Home Board.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–417effective Jan. 28, 2008, and as if included in Pub. L. 110–181as enacted, see section 1061(b) ofPub. L. 110–417, set out as a note under section 6382 of Title 5, Government Organization and Employees.

Effective Date

Section effective one year after Nov. 5, 1990, see section 1541(a) ofPub. L. 101–510, formerly 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, directed the Chairman of the Armed Forces Retirement Home Board to carry out a study to identify and evaluate alternatives for modernization of the facilities at the United States Soldiers’ and Airmen’s Home, and to submit an interim report, not later than Apr. 1, 1995, and a final report, not later than Dec. 31, 1995, on the results of the study to the Committees on Armed Services of the Senate and House of Representatives.

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24 USC	Description of Change	Session Year	Public Law	Statutes at Large
§ 416	repealed	2011	112-81 [Sec.] 563(a)	125 Stat. 1421
§ 416	new	2011	112-81 [Sec.] 563(a) "1516"	125 Stat. 1421

24 USC § 416 - Local Boards of Trustees

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