
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 24USC415]

 
                     TITLE 24--HOSPITALS AND ASYLUMS
 
                CHAPTER 10--ARMED FORCES RETIREMENT HOME
 
      SUBCHAPTER I--ESTABLISHMENT AND OPERATION OF RETIREMENT HOME
 
Sec. 415. Composition and operation of Retirement Home Board


(a) Establishment

    There is hereby established the Armed Forces Retirement Home Board. 
The Retirement Home Board shall exercise policy oversight over the 
Retirement Home and oversee the activities of any Local Boards of 
trustees.

(b) Members

    The Retirement Home Board shall consist of not less than 16 members 
who shall be appointed by the Secretary of Defense, unless otherwise 
indicated, as follows:
        (1) One representative from the office of the Assistant 
    Secretary of Defense (Force Management and Personnel).
        (2) One representative from the Department of Defense 
    Comptroller's office.
        (3) One representative from the office of the Assistant 
    Secretary of Defense (Health Affairs).
        (4) One representative from the office of the General Counsel of 
    the Department of Defense.
        (5) Two persons who are experts in the operations of retirement 
    homes and who are not officers or employees of the United States.
        (6) Two persons who are gerontologists and who are not officers 
    or employees of the United States.
        (7) Two persons who are personnel chiefs of the Armed Forces.
        (8) Two persons who are senior noncommissioned officers of the 
    Armed Forces.
        (9) One representative from the Office of Management and Budget 
    who shall be designated by the Director of the Office of Management 
    and Budget.
        (10) One representative from a national noncommissioned officer 
    association or a military retiree council who shall be a nonvoting 
    member of the Board.
        (11) One representative of the Secretary of Veterans Affairs who 
    shall be designated by that Secretary.
        (12) One officer or employee of the Department of Health and 
    Human Services who shall be designated by the Secretary of Health 
    and Human Services.

(c) Local Boards

    Each establishment of the Retirement Home shall have a Board of 
trustees which shall exercise operational oversight over the respective 
facility and provide reports to the Retirement Home Board at least twice 
annually. Each Local Board shall consist of at least 11 members 
appointed by the Secretaries of the military departments. The Local 
Boards shall consist of the following:
        (1) One person who is a civilian expert in nursing home or 
    retirement home administration and financing from the geographical 
    area of each facility.
        (2) One person who is a civilian expert in gerontology from the 
    geographical area of each facility.
        (3) One person who is a service expert in financial management.
        (4) One representative from the Department of Veterans Affairs 
    regional office nearest in proximity to each facility who shall be 
    designated by the Secretary of Veterans Affairs.
        (5) One representative from the resident advisory committee or 
    council of the respective facility who shall be a nonvoting member.
        (6) One enlisted representative of the Services' Retiree 
    Advisory Council.
        (7) The senior noncommissioned officer of an Armed Force.
        (8) One senior representative from the military hospital nearest 
    in proximity to each facility.
        (9) One senior representative from the Judge Advocate General's 
    Corps from one of the Armed Services.
        (10) The director of the respective facility who shall be a 
    nonvoting member.
        (11) One senior representative of one of the chief personnel 
    officers of the Armed Services.

(d) Chairmen

    (1)(A) 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 shall be five years. At the discretion of the Secretary a 
chairman may serve a second five-year term of office as chairman.
    (B) The chairman shall act as the chief executive officer of the 
Armed Forces Retirement Home and while so acting shall not be 
responsible to the Secretary of Defense or to the Secretaries of the 
military departments for direction and management of the Retirement Home 
or each facility maintained as a separate facility of the Retirement 
Home.
    (C) The chairman may appoint, in addition to such ad hoc committees 
as the chairman determines to be appropriate, a standing executive 
committee to act for, and in the name of, the Retirement Home Board at 
such times and on such matters as the chairman considers necessary to 
expedite the efficient and timely management of each facility maintained 
as a separate facility of the Retirement Home.
    (D) The chairman may appoint an administrative staff to assist the 
chairman in the performance of the duties of the chairman. The chairman 
shall determine the rates of pay applicable to such staff, except that 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 shall receive no 
additional pay by reason of service on the administrative staff.
    (2) The Secretaries of the military departments shall select the 
chairman for each Local Board from the members of that Board. The term 
of office of the chairman of a Local Board shall be three years.

(e) Terms

    (1) Except as provided in subsection (f) of this section, the term 
of office of each member of the Retirement Home Board and each Local 
Board shall be five years.
    (2) A member whose term of office has expired may continue to serve 
until the successor for the member is appointed or designated.
    (3) The Chairman of the Retirement Home Board may appoint a member 
of the Retirement Home Board for a second consecutive term. The Chairman 
of a Local Board may appoint a member of that Local Board for a second 
consecutive term.

(f) Early expiration of term

    A member of the Armed Forces or Federal civilian employee who is 
appointed as a member of the Retirement Home Board or a Local Board may 
serve as a board member only so long as the member of the Armed Forces 
or Federal civilian employee is assigned to or serving in the duty 
position that gave rise to the appointment as a board member.

(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\
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    \1\ So in original. Probably should be ``or''.
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        (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, Sec. 1515, Nov. 5, 1990, 104 Stat. 
1726; Pub. L. 102-190, div. A, title X, Sec. 1062(a)(4), Dec. 5, 1991, 
105 Stat. 1475; Pub. L. 103-160, div. A, title III, Sec. 366(b), Nov. 
30, 1993, 107 Stat. 1630; Pub. L. 104-201, div. A, title X, 
Sec. 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, Sec. 1051(a), added par. (3).
    Subsec. (f). Pub. L. 104-201, Sec. 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, Sec. 1062(a)(4)(A), 
substituted ``Local Boards'' for ``local boards''.
    Subsec. (d)(2). Pub. L. 102-190, Sec. 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 sections 416, 424 of this title.
