Title 24 — Hospitals and Asylums
Chapter 10 — Armed Forces Retirement Home
§ 416. Advisory Council
Statutory text
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.
Duties
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.
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.
In carrying out its functions, the Advisory Council shall provide for participation in its activities by a representative of the Resident Advisory Committee of each facility of the Retirement Home.
Composition
The Advisory Council shall consist of at least 15 members.
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.
The Advisory Council shall include the following members:
One member who is an expert in nursing home or retirement home administration and financing.
One member who is an expert in gerontology.
One member who is an expert in financial management.
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.
The Chairpersons of the Resident Advisory Committees.
One enlisted representative of the Services’ Retiree Advisory Council.
The senior noncommissioned officer of one of the Armed Forces.
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.
One senior judge advocate from one of the Armed Forces.
One senior representative of one of the chief personnel officers of the Armed Forces.
Such other members as the Secretary of Defense may designate.
The Administrator of the each facility of the Retirement Home shall be a nonvoting member of the Advisory Council.
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.
Term of service
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.
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.
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.
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.
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.
Compensation
Except as provided in paragraph (2), a member of the Advisory Council may—
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
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Armed Forces Retirement Home Act of 1991
Pub. L. 101–510 div. A title XV § 1516 · 104 Stat. 1485
Enacted · 24 U.S.C. § 416
Pub. L. 101–510, div. A, title XV, § 1516, as added Pub. L. 112–81, div. A, title V, § 563(a), Dec. 31, 2011, 125 Stat. 1421
Source evidence
Code source credit
Pub. L. 101–510, div. A, title XV, § 1516, as added Pub. L. 112–81, div. A, title V, § 563(a), Dec. 31, 2011, 125 Stat. 1421Enacted provision · exact public law section
SEC. 1516. DUTIES OF RETIREMENT HOME BOARD (a) Overall Operation of the Retirement Home.— The Retirement Home Board shall be responsible for the overall operation of the Retirement Home. As part of such responsibilities, the Retirement Home Board shall perform the following duties: (1) Issue and ensure compliance with appropriate rules for the operation of the Retirement Home. (2) Periodically visit, and inspect the operation of, the facilities of the Retirement Home. (3) Periodically examine and audit the accounts of the Retirement Home. (4) Establish such advisory bodies as the Retirement Home Board considers to be necessary. (b) Special Duties of Specific Members.— The Retirement Home Board shall assign specific members of the Retirement Home Board appointed under section 1515(b) to oversee the operations of each facility of the Retirement Home maintained as a separate establishment of the Retirement Home for administrative purposes. (c) Acquisition of Real Property.— The Retirement Home Board may acquire, for the benefit of the Retirement Home, property and facilities for inclusion in the Retirement Home. (d) Limitation on the Disposal of Real Property.— (1) Real property of the Retirement Home may not be disposed of by the Retirement Home Board by sale or otherwise unless the disposal of the property is specifically authorized by law. (2) In any case in which any real property is sold by the Retirement Home Board, the Board shall deposit moneys received from the sale of the property in the Armed Forces Retirement Home Trust Fund. (e) Gifts.— (1) The Retirement Home Board 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 Fund. (f) Annual Report.— Not later than 90 days after the end of each fiscal year, the Retirement Home Board shall submit to the Secretary of Defense, for transmission to Congress, a report describing the financial and other affairs of the Retirement Home for that fiscal year.National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 1413(b)(1) · 131 Stat. 1283
Substituted · 24 U.S.C. § 416(c)(1)
Pub. L. 115–91, § 1413(b)(1), substituted “15 members.” for “15 members, each of whom shall be a full or part-time Federal employee or a member of the Armed Forces.”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 115–91, § 1413(b)(1), substituted “15 members.” for “15 members, each of whom shall be a full or part-time Federal employee or a member of the Armed Forces.”Enacted provision · exact public law section
(1) in subsection (c)(1), by striking “15 members,” and all that follows and inserting “15 members.”; andNational Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 1413(b)(2) · 131 Stat. 1283
Substituted · 24 U.S.C. § 416(f)(1)
Pub. L. 115–91, § 1413(b)(2), substituted “may” for “shall” in introductory provisions
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 115–91, § 1413(b)(2), substituted “may” for “shall” in introductory provisions.Enacted provision · exact public law section
(2) in subsection (f)(1), by striking “shall” and inserting “may”.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title XIV § 1413(b)(2) · 134 Stat. 3388
Struck · 24 U.S.C. § 416(b)(3)
Pub. L. 116–283 struck out dash after “shall” and subpar. (A) designation before “provide”
Substituted · 24 U.S.C. § 416(b)(3)
Pub. L. 116–283 substituted period at end for “; and”
Struck · 24 U.S.C. § 416(b)(3)
Pub. L. 116–283 struck out subpar. (B) which read as follows: “make recommendations to the Inspector General of the Department of Defense regarding issues that the Inspector General should investigate.”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 116–283 struck out dash after “shall” and subpar. (A) designation before “provide”, substituted period at end for “; and”, and struck out subpar. (B) which read as follows: “make recommendations to the Inspector General of the Department of Defense regarding issues that the Inspector General should investigate.”Enacted provision · exact public law section
(2) In section 1516(b)(3) (24 U.S.C. 416(b)(3))— (A) by striking “shall—” and all that follows through “provide for” and inserting “shall provide for”; (B) by striking “; and” and inserting a period; and (C) by striking subparagraph (B).
6 of 6 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 416, Pub. L. 101–510, div. A, title XV, § 1516, , 104 Stat. 1728; Pub. L. 107–107, div. A, title XIV, § 1406, , 115 Stat. 1262; Pub. L. 110–181, div. A, title XIV, § 1422(e), , 122 Stat. 421; Pub. L. 110–417, [div. A], title X, § 1061(b)(12), , 122 Stat. 4613, related to local boards of trustees, prior to repeal by Pub. L. 112–81, div. A, title V, § 563(a), , 125 Stat. 1421.
Amendments2017–2021 · 2 rounds
2021
Subsec. (b)(3). Pub. L. 116–283 struck out dash after “shall” and subpar. (A) designation before “provide”, substituted period at end for “; and”, and struck out subpar. (B) which read as follows: “make recommendations to the Inspector General of the Department of Defense regarding issues that the Inspector General should investigate.”
2017
Subsec. (c)(1). Pub. L. 115–91, § 1413(b)(1), substituted “15 members.” for “15 members, each of whom shall be a full or part-time Federal employee or a member of the Armed Forces.”
Subsec. (f)(1). Pub. L. 115–91, § 1413(b)(2), substituted “may” for “shall” in introductory provisions.
Credits
2011–2021 · 3 acts
- 2011Pub. L. 101–510, div. A, title XV, § 1516, as added Pub. L. 112–81, div. A, title V, § 563(a), , 125 Stat. 1421
- 2017amended Pub. L. 115–91, div. A, title XIV, § 1413(b), , 131 Stat. 1708
- 2021Pub. L. 116–283, div. A, title XIV, § 1413(b)(2), , 134 Stat. 4032.
Show as published
(Pub. L. 101–510, div. A, title XV, § 1516, as added Pub. L. 112–81, div. A, title V, § 563(a), , 125 Stat. 1421; amended Pub. L. 115–91, div. A, title XIV, § 1413(b), , 131 Stat. 1708; Pub. L. 116–283, div. A, title XIV, § 1413(b)(2), , 134 Stat. 4032.)