§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.

(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, §1517, Nov. 5, 1990, 104 Stat. 1729 ; Pub. L. 102–190, div. A, title X, §1062(a)(5), Dec. 5, 1991, 105 Stat. 1475 ; Pub. L. 104–201, div. A, title X, §1051(c), Sept. 23, 1996, 110 Stat. 2649 ; Pub. L. 105–261, div. A, title X, §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, §651(a)(1), Oct. 5, 1999, 113 Stat. 664 .

Amendments

1998-Subsec. (a)(2). Pub. L. 105–261, §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, §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, §1041(a)(2), (3), added pars. (3) and (4) and redesignated former par. (3) as (5).

Subsec. (c). Pub. L. 105–261, §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, §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, §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.

¹ See References in Text note below.