§ 415. — Composition and operation of Retirement Home Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 24USC415]
TITLE 24--HOSPITALS AND ASYLUMS
CHAPTER 10--ARMED FORCES RETIREMENT HOME
SUBCHAPTER I--ESTABLISHMENT AND OPERATION OF RETIREMENT HOME
Sec. 415. Chief Operating Officer
(a) Appointment
(1) The Secretary of Defense shall appoint the Chief Operating
Officer of the Retirement Home.
(2) The Chief Operating Officer shall serve at the pleasure of the
Secretary of Defense.
(3) The Secretary of Defense shall evaluate the performance of the
Chief Operating Officer at least once each year.
(b) Qualifications
To qualify for appointment as the Chief Operating Officer, a person
shall--
(1) be a continuing care retirement community professional;
(2) have appropriate leadership and management skills; and
(3) have experience and expertise in the operation and
management of retirement homes and in the provision of long-term
medical care for older persons.
(c) Responsibilities
(1) The Chief Operating Officer shall be responsible to the
Secretary of Defense for the overall direction, operation, and
management of the Retirement 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, including the Local Boards of
those facilities.
(3) The Chief Operating Officer shall perform the following duties:
(A) Issue, and ensure compliance with, appropriate rules for the
operation of the Retirement Home.
(B) Periodically visit, and inspect the operation of, the
facilities of the Retirement Home.
(C) Periodically examine and audit the accounts 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 exceed 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
prescribe 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 Executive 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, appoint 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 gifts of money, property,
and facilities on behalf of the Retirement Home.
(2) Monies received as gifts, or realized from the disposition of
property and facilities received as gifts, shall be deposited in the
Armed Forces Retirement Home Trust Fund.
(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; Pub. L. 107-107,
div. A, title XIV, Sec. 1404(a), Dec. 28, 2001, 115 Stat. 1259.)
Amendments
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, 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''.
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
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 section 411 of this title.
