
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: 24USC417]

 
                     TITLE 24--HOSPITALS AND ASYLUMS
 
                CHAPTER 10--ARMED FORCES RETIREMENT HOME
 
      SUBCHAPTER I--ESTABLISHMENT AND OPERATION OF RETIREMENT HOME
 
Sec. 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) The Director of the United States Soldiers' and Airmen's Home 
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) meet the requirements of paragraph (4).

    (3) The Director, and any Deputy Director, of the Naval Home shall 
be appointed by the Secretary of Defense from among persons recommended 
by the Secretaries of the military departments who--
        (A) in the case of the position of Director, are commissioned 
    officers of the Armed Forces serving on active duty in a pay grade 
    above O-5;
        (B) in the case of the position of Deputy Director, are 
    commissioned officers of the Armed Forces serving on active duty in 
    a pay grade above O-4; and
        (C) meet the requirements of paragraph (4).

    (4) Each Director shall have appropriate leadership and management 
skills, an appreciation and understanding of the culture and norms 
associated with military service, and significant military background.
    (5) 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) Terms of Directors

    (1) The term of office of the Director of the United States 
Soldiers' and Airmen's Home shall be five years. The 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.
    (2) The Director and the Deputy Director of the Naval Home shall 
serve at the pleasure of the Secretary of Defense.

(d) Duties of Directors

    (1) A Director shall be responsible for the day-to-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 \1\ 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.
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    \1\ See References in Text note below.
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(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.

(g) Definitions

    In this section:
        (1) The term ``United States Soldiers' and Airmen's Home'' means 
    the separate facility of the Retirement Home that is known as the 
    United States Soldiers' and Airmen's Home.
        (2) The term ``Naval Home'' means the separate facility of the 
    Retirement Home that is known as the Naval Home.

(Pub. L. 101-510, div. A, title XV, Sec. 1517, Nov. 5, 1990, 104 Stat. 
1729; Pub. L. 102-190, div. A, title X, Sec. 1062(a)(5), Dec. 5, 1991, 
105 Stat. 1475; Pub. L. 104-201, div. A, title X, Sec. 1051(c), Sept. 
23, 1996, 110 Stat. 2649; Pub. L. 105-261, div. A, title X, 
Sec. 1041(a)-(c), Oct. 17, 1998, 112 Stat. 2124.)

                       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.
    Section 5532 of title 5, referred to in subsec. (e)(3), was repealed 
by Pub. L. 106-65, div. A, title VI, Sec. 651(a)(1), Oct. 5, 1999, 113 
Stat. 664.


                               Amendments

    1998--Subsec. (a)(2). Pub. L. 105-261, Sec. 1041(a)(1)(A), 
substituted ``The Director of the United States Soldiers' and Airmen's 
Home'' for ``Each Director'' in introductory provisions.
    Subsec. (a)(2)(B). Pub. L. 105-261, Sec. 1041(a)(1)(B), added 
subpar. (B) and struck out former subpar. (B) which read as follows: 
``have appropriate leadership and management skills, an appreciation and 
understanding of the culture and norms associated with military service, 
and a significant military background.''
    Subsec. (a)(3) to (5). Pub. L. 105-261, Sec. 1041(a)(2), (3), added 
pars. (3) and (4) and redesignated former par. (3) as (5).
    Subsec. (c). Pub. L. 105-261, Sec. 1041(b), substituted ``Terms of 
Directors'' for ``Term of Director'' in heading, designated existing 
provisions as par. (1), substituted ``The term of office of the Director 
of the United States Soldiers' and Airmen's Home shall be five years. 
The Director'' for ``The term of office of a Director shall be five 
years. A Director'', and added par. (2).
    Subsec. (g). Pub. L. 105-261, Sec. 1041(c), added subsec. (g).
    1996--Subsec. (f). Pub. L. 104-201 added subsec. (f) and struck out 
heading and text of former subsec. (f). Text read as follows:
    ``(1) Until the date on which the Secretary of Defense first 
appoints the Director for the establishment of the Retirement Home known 
as the Naval Home, the Governor of the Naval Home shall operate that 
facility consistent with this chapter and other laws applicable to the 
Retirement Home.
    ``(2) Until the date on which the Secretary of Defense first 
appoints the Director for the facility of the Retirement Home known as 
the United States Soldiers' and Airmen's Home, the Governor of the 
United States Soldiers' and Airmen's Home shall operate that 
establishment consistent with this chapter and other laws applicable to 
the Retirement Home.''
    1991--Subsec. (f). Pub. L. 102-190 made technical amendment to 
references to this chapter to correct reference to corresponding 
provision of original act.


                    Effective Date of 1998 Amendment

    Pub. L. 105-261, div. A, title X, Sec. 1041(d), Oct. 17, 1998, 112 
Stat. 2124, provided that: ``The amendments made by this section 
[amending this section] shall take effect on October 1, 1998.''


                             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.

                  Section Referred to in Other Sections

    This section is referred to in section 401 of this title.
