§ 417. — Directors and staff.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 24USC417]
TITLE 24--HOSPITALS AND ASYLUMS
CHAPTER 10--ARMED FORCES RETIREMENT HOME
SUBCHAPTER I--ESTABLISHMENT AND OPERATION OF RETIREMENT HOME
Sec. 417. Directors, deputy directors, associate directors, and
staff of facilities
(a) Appointment
The Secretary of Defense shall appoint a Director, a Deputy
Director, and an Associate Director for each facility of the Retirement
Home.
(b) Director
The Director of a facility shall--
(1) be a civilian with experience as a continuing care
retirement community professional or a member of the Armed Forces
serving on active duty in a grade below brigadier general or, in the
case of the Navy, rear admiral (lower half);
(2) have appropriate leadership and management skills; and
(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 Director is not so
certified at the time of appointment.
(c) Duties of Director
(1) The Director of a facility shall be responsible for the day-to-
day operation of the facility, including the acceptance of applicants to
be residents of that facility.
(2) The Director of a facility shall keep accurate and complete
records of the facility.
(d) Deputy Director
(1) The Deputy Director of a facility shall--
(A) be a civilian with experience as a continuing care
retirement community professional or a member of the Armed Forces
serving on active duty in a grade below colonel or, in the case of
the Navy, captain; and
(B) have appropriate leadership and management skills.
(2) The Deputy Director of a facility shall serve at the pleasure of
the Secretary of Defense.
(e) Duties of Deputy Director
The Deputy Director of a facility shall, under the authority,
direction, and control of the Director of the facility, perform such
duties as the Director may assign.
(f) Associate Director
(1) The Associate Director of a facility shall--
(A) be a member of the Armed Forces serving on active duty in
the grade of Sergeant Major, Master Chief Petty Officer, or Chief
Master Sergeant or a member or former member retired in that grade;
and
(B) have appropriate leadership and management skills.
(2) The Associate Director of a facility shall serve at the pleasure
of the Secretary of Defense.
(g) Duties of Associate Director
The Associate Director of a facility shall, under the authority,
direction, and control of the Director and Deputy Director of the
facility, serve as ombudsman for the residents and perform such other
duties as the Director may assign.
(h) Staff
(1) The Director of a facility may, subject to the approval of the
Chief Operating Officer, appoint and prescribe the pay of such principal
staff as the Director considers appropriate to assist the Director in
operating the facility.
(2) The principal staff of a facility 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.
(i) Annual evaluation of directors
(1) The Chief Operating Officer shall evaluate the performance of
each of the Directors of the facilities of the Retirement Home each
year.
(2) The Chief Operating Officer shall submit to the Secretary of
Defense any recommendations regarding a Director that the Chief
Operating Officer determines appropriate taking into consideration the
annual evaluation.
(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; Pub. L. 107-107, div.
A, title XIV, Sec. 1407, Dec. 28, 2001, 115 Stat. 1264.)
Amendments
2001--Pub. L. 107-107 amended section catchline and text generally,
substituting provisions relating to directors, deputy directors,
associate directors, and staff of facilities for provisions relating to
directors and staff.
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, formerly set out as a note under section 401 of this
title.
Section Referred to in Other Sections
This section is referred to in sections 432, 433 of this title.
