Collapse to view only § 415. Chief Operating Officer

§ 411.
Establishment of the Armed Forces Retirement Home
(a)
Independent establishment

The Armed Forces Retirement Home is an independent establishment in the executive branch.

(b)
Purpose

The purpose of the Retirement Home is to provide, through the Armed Forces Retirement Home—Washington and the Armed Forces Retirement Home—Gulfport, residences and related services for certain retired and former members of the Armed Forces.

(c)
Facilities
(1) Each facility of the Retirement Home referred to in paragraph (2) is a separate establishment of the Retirement Home.
(2) The United States Soldiers’ and Airmen’s Home is hereby redesignated as the Armed Forces Retirement Home—Washington. The Naval Home is hereby redesignated as the Armed Forces Retirement Home—Gulfport.
(d)
Operation
(1) The Chief Operating Officer of the Armed Forces Retirement Home is the head of the Retirement Home. The Chief Operating Officer is subject to the authority, direction, and control of the Secretary of Defense.
(2) Each facility of the Retirement Home shall be maintained as a separate establishment of the Retirement Home for administrative purposes and shall be under the authority, direction, and control of the Administrator of that facility. The Administrator of each facility of the Retirement Home is subject to the authority, direction, and control of the Chief Operating Officer.
(3) The administration of the Retirement Home, including administration for the provision of health care and medical care for residents, shall remain under the control and administration of the Secretary of Defense.
(e)
Property and facilities
(1) The Retirement Home shall include such property and facilities as may be acquired under paragraph (2) or accepted under section 415(f) of this title for inclusion in the Retirement Home.
(2) The Chief Operating Officer may acquire, for the benefit of the Retirement Home, property and facilities for inclusion in the Retirement Home. If the purchase price to acquire fee title to real property for inclusion in the Retirement Home is more than $750,000, the Chief Operating Officer may acquire the real property only if the acquisition is specifically authorized by law.
(3) If the Chief Operating Officer determines that any property of the Retirement Home is excess to the needs of the Retirement Home, the Chief Operating Officer shall dispose of the property in accordance with subchapter III of chapter 5 of title 40 (
(f)
Department of Defense support

The Secretary of Defense may make available from the Department of Defense to the Retirement Home, on a nonreimbursable basis, administrative support and office services, legal and policy planning assistance, access to investigative facilities of the Inspector General of the Department of Defense and of the military departments, and any other support necessary to enable the Retirement Home to carry out its functions under this chapter.

(g)
Accreditation

The Chief Operating Officer shall secure and maintain accreditation by a nationally recognized civilian accrediting organization for each aspect of each facility of the Retirement Home, including medical and dental care, pharmacy, independent living, and assisted living and nursing care.

(h)
Annual report

The Secretary of Defense shall transmit to Congress an annual report on the financial and other affairs of the Retirement Home for each fiscal year. The annual report shall include an assessment of all aspects of each facility of the Retirement Home, including the quality of care at the facility.

(i)
Authority to lease non-excess property
(1)
Subject to the approval of the Secretary of Defense, whenever the Chief Operating Officer of the Armed Forces Retirement Home considers it advantageous to the Retirement Home, the Chief Operating Officer may lease to such lessee and upon such terms as the Chief Operating Officer considers will promote the purpose and financial stability of the Retirement Home or be in the public interest, real or personal property that is—
(A) under the control of the Retirement Home; and
(B) not excess property (as defined by section 102 of title 40) subject to disposal under subsection (e)(3).
(2)
A lease under this subsection—
(A) may not be for more than five years, unless the Chief Operating Officer determines that a lease for a longer period will promote the purpose and financial stability of the Retirement Home or be in the public interest;
(B) may give the lessee the first right to buy the property if the lease is revoked to allow the United States to sell the property under any other provision of law;
(C) shall permit the Chief Operating Officer to revoke the lease at any time, unless the Chief Operating Officer determines that the omission of such a provision will promote the purpose and financial stability of the Retirement Home or be in the public interest;
(D) shall provide for the payment (in cash or in kind) by the lessee of consideration in an amount that is not less than the fair market value of the lease interest, as determined by the Chief Operating Officer;
(E) may provide, notwithstanding section 1302 of title 40 or any other provision of law, for the alteration, repair, or improvement, by the lessee, of the property leased as the payment of part or all of the consideration for the lease; and
(F) may not provide for a leaseback by the Retirement Home with an annual payment in excess of $100,000, or otherwise commit the Retirement Home or the Department of Defense to annual payments in excess of such amount.
(3)
In addition to any in-kind consideration accepted under subparagraph (D) or (E) of paragraph (2), in-kind consideration accepted with respect to a lease under this subsection may include the following:
(A) Maintenance, protection, alteration, repair, improvement, or restoration (including environmental restoration) of property or facilities of the Retirement Home.
(B) Construction of new facilities for the Retirement Home.
(C) Provision of facilities for use by the Retirement Home.
(D) Facilities operation support for the Retirement Home.
(E) Provision of such other services relating to activities that will occur on the leased property as the Chief Operating Officer considers appropriate.
(4) In-kind consideration under paragraph (3) may be accepted at any property or facilities of the Retirement Home that are selected for that purpose by the Chief Operating Officer.
(5) In the case of a lease for which all or part of the consideration proposed to be accepted under this subsection is in-kind consideration with a value in excess of $500,000, the Chief Operating Officer may not enter into the lease until at least 30 days after the date on which a report on the facts of the lease is submitted to Congress. This paragraph does not apply to a lease covered by paragraph (6).
(6)
(A)
If a proposed lease under this subsection involves only personal property, the lease term exceeds one year, or the fair market value of the lease interest exceeds $100,000, as determined by the Chief Operating Officer, the Chief Operating Officer shall use competitive procedures to select the lessee unless the Chief Operating Officer determines that—
(i) a public interest will be served as a result of the lease; and
(ii) the use of competitive procedures for the selection of certain lessees is unobtainable or not compatible with the public benefit served under clause (i).
(B)
Not later than 45 days before entering into a lease described in subparagraph (A), the Chief Operating Officer shall submit to Congress written notice describing the terms of the proposed lease and—
(i) the competitive procedures used to select the lessee; or
(ii) in the case of a lease involving the public benefit exception authorized by subparagraph (A)(ii), a description of the public benefit to be served by the lease.
(7) The proceeds from the lease of property under this subsection shall be deposited in the Armed Forces Retirement Home Trust Fund.
(8) The interest of a lessee of property leased under this subsection may be taxed by State or local governments. A lease under this subsection shall provide that, if and to the extent that the leased property is later made taxable by State or local governments under an Act of Congress, the lease shall be renegotiated.
(Pub. L. 101–510, div. A, title XV, § 1511, Nov. 5, 1990, 104 Stat. 1723; Pub. L. 103–160, div. A, title III, § 366(a), Nov. 30, 1993, 107 Stat. 1630; Pub. L. 107–107, div. A, title XIV, § 1403, Dec. 28, 2001, 115 Stat. 1258; Pub. L. 110–181, div. A, title XIV, § 1422(a), (b), Jan. 28, 2008, 122 Stat. 420; Pub. L. 111–84, div. B, title XXVIII, § 2823, Oct. 28, 2009, 123 Stat. 2666; Pub. L. 111–383, div. B, title XXVIII, § 2813(b), Jan. 7, 2011, 124 Stat. 4463; Pub. L. 112–81, div. A, title V, §§ 561, 564(b)(1), Dec. 31, 2011, 125 Stat. 1420, 1424; Pub. L. 112–239, div. A, title X, § 1076(j), Jan. 2, 2013, 126 Stat. 1955; Pub. L. 115–91, div. B, title XXVIII, § 2873, Dec. 12, 2017, 131 Stat. 1870.)
§ 412.
Residents of Retirement Home
(a)
Persons eligible to be residents
Except as provided in subsection (b), the following persons who served as members of the Armed Forces, at least one-half of whose service was not commissioned service (other than as a warrant officer or limited-duty officer), are eligible to become residents of the Retirement Home:
(1) Persons who were discharged or released from service in the Armed Forces after 20 or more years of active service.
(2) Persons who are determined under rules prescribed by the Chief Operating Officer to be suffering from a service-connected disability incurred in the line of duty in the Armed Forces.
(3) Persons who served in a war theater during a time of war declared by Congress or were eligible for hostile fire special pay under section 310 or 351 of title 37 and who are determined under rules prescribed by the Chief Operating Officer to be suffering from injuries, disease, or disability.
(4) Persons who served in a women’s component of the Armed Forces before June 12, 1948, and are determined under rules prescribed by the Chief Operating Officer to be eligible for admission because of compelling personal circumstances.
(5)
Persons who are eligible for retired pay under chapter 1223 of title 10 and are—
(A) eligible for care under section 1710 of title 38;
(B) enrolled in coverage under chapter 55 of title 10; or
(C) enrolled in a qualified health plan (as defined in section 18021(a) of title 42) that is acceptable to the Chief Operating Officer.
(b)
Persons ineligible to be residents
The following persons are ineligible to become a resident of the Retirement Home:
(1)
A person who—
(A) has been convicted of a felony; or
(B) was discharged or released from service in the Armed Forces under other than honorable conditions.
(2)
A person with substance abuse or mental health problems, except upon a judgment and satisfactory determination by the Chief Operating Officer that—
(A) the person has been evaluated by a qualified health professional selected by the Retirement Home;
(B) the Retirement Home can accommodate the person’s condition; and
(C) the person agrees to such conditions of residency as the Retirement Home may require.
(c)
Acceptance

To apply for acceptance as a resident of a facility of the Retirement Home, a person eligible to be a resident shall submit to the Administrator of that facility an application in such form and containing such information as the Chief Operating Officer may require.

(d)
Priorities for acceptance

The Chief Operating Officer shall establish a system of priorities for the acceptance of residents so that the most deserving applicants will be accepted whenever the number of eligible applicants is greater than the Retirement Home can accommodate.

(e)
Spouses of residents
(1)
Authority to admit
Except as otherwise established pursuant to subsection (d), the spouse of a person accepted as a resident of a facility of the Retirement Home may be admitted to that facility if the spouse—
(A) is a covered beneficiary within the meaning of section 1072(5) of title 10;
(B) is not ineligible to become a resident as provided in subsection (b); and
(C) submits an application for admittance in accordance with subsection (c).
(2)
Treatment as resident

A spouse admitted in accordance with paragraph (1) shall be a resident of the Retirement Home consistent with this chapter, except as the Chief Operating Officer may otherwise provide.

(Pub. L. 101–510, div. A, title XV, § 1512, Nov. 5, 1990, 104 Stat. 1724; Pub. L. 107–107, div. A, title XIV, §§ 1404(b)(1)(A), 1405(a), 1410(b)(1), Dec. 28, 2001, 115 Stat. 1260, 1261, 1266; Pub. L. 112–81, div. A, title V, §§ 564(b)(1), 567(c)(6), Dec. 31, 2011, 125 Stat. 1424, 1426; Pub. L. 114–328, div. A, title VI, § 618(f), Dec. 23, 2016, 130 Stat. 2160; Pub. L. 115–232, div. A, title XIV, § 1412, Aug. 13, 2018, 132 Stat. 2090; Pub. L. 116–283, div. A, title XIV, § 1412(a), Jan. 1, 2021, 134 Stat. 4030.)
§ 413.
Services provided to residents
(a)
Services provided

Except as provided in subsections (b), (c), and (d), a resident of the Retirement Home shall receive the services authorized by the Chief Operating Officer.

(b)
Medical and dental care

The Retirement Home shall provide for the overall health care needs of residents in a high quality and cost-effective manner, including on site primary care, medical care, and a continuum of long-term care services. The services provided residents of the Retirement Home shall include appropriate nonacute medical and dental services, pharmaceutical services, and transportation of residents, which shall be provided at no cost to residents. Secondary and tertiary hospital care for residents that is not available at a facility of the Retirement Home shall, to the extent available, be obtained by agreement with the Secretary of Veterans Affairs or the Secretary of Defense in a facility administered by such Secretary. Except as provided in subsection (d), the Retirement Home shall not be responsible for the costs incurred for such care by a resident of the Retirement Home who uses a private medical facility for such care. The Retirement Home may not construct an acute care facility.

(c)
Availability of physicians and dentists
(1)
In providing for the health care needs of residents at a facility of the Retirement Home under subsection (b), the Retirement Home shall have a physician and a dentist—
(A) available at the facility during the daily business hours of the facility; and
(B) available on an on-call basis at other times.
(2) The physicians and dentists required by this subsection shall have the skills and experience suited to residents of the facility served by the physicians and dentists.
(3) To ensure the availability of health care services for residents of a facility of the Retirement Home, the Chief Operating Officer, in consultation with the Medical Director, shall establish uniform standards, appropriate to the medical needs of the residents, for access to health care services during and after the daily business hours of the facility.
(d)
Transportation to medical care outside Retirement Home facilities
(1) With respect to each facility of the Retirement Home, the Retirement Home shall provide daily scheduled transportation to nearby medical facilities used by residents of the facility. The Retirement Home may provide, based on a determination of medical need, unscheduled transportation for a resident of the facility to any medical facility located not more than 30 miles from the facility for the provision of necessary and urgent medical care for the resident.
(2) The Retirement Home may not collect a fee from a resident for transportation provided under this subsection.
(Pub. L. 101–510, div. A, title XV, § 1513, Nov. 5, 1990, 104 Stat. 1725; Pub. L. 103–160, div. A, title III, § 366(c), Nov. 30, 1993, 107 Stat. 1630; Pub. L. 107–107, div. A, title XIV, §§ 1404(b)(1)(B), 1410(a)(1), Dec. 28, 2001, 115 Stat. 1260, 1266; Pub. L. 109–163, div. A, title IX, § 909(a), Jan. 6, 2006, 119 Stat. 3404; Pub. L. 110–181, div. A, title XIV, § 1422(c), Jan. 28, 2008, 122 Stat. 420; Pub. L. 112–81, div. A, title V, § 567(c)(2), Dec. 31, 2011, 125 Stat. 1426.)
§ 413a.
Oversight of health care provided to residents
(a)
Designation of Senior Medical Advisor
(1) The Secretary of Defense shall designate the Deputy Director of the Defense Health Agency to serve as the Senior Medical Advisor for the Retirement Home.
(2) The Deputy Director of the Defense Health Agency shall serve as Senior Medical Advisor for the Retirement Home in addition to performing all other duties and responsibilities assigned to the Deputy Director of the Defense Health Agency at the time of the designation under paragraph (1) or afterward.
(b)
Responsibilities
The Senior Medical Advisor shall provide advice to the Secretary of Defense, the Chief Operating Officer, and the Advisory Council regarding the direction and oversight of—
(1) medical administrative matters at each facility of the Retirement Home; and
(2) the provision of medical care, preventive mental health, and dental care services at each facility of the Retirement Home.
(c)
Duties
In carrying out the responsibilities set forth in subsection (b), the Senior Medical Advisor shall perform the following duties:
(1) Facilitate and monitor the timely availability to residents of the Retirement Home such medical, mental health, and dental care services as such residents may require at locations other than the Retirement Home.
(2) Monitor compliance by the facilities of the Retirement Home with accreditation standards, applicable nationally recognized health care standards and requirements, or any other applicable health care standards and requirements.
(3)
Periodically visit each facility of the Retirement Home to review—
(A) the medical facilities, medical operations, medical records and reports, and the quality of care provided to residents; and
(B) inspections and audits to ensure that appropriate follow-up regarding issues and recommendations raised by such inspections and audits has occurred.
(4) Report on the findings and recommendations developed as a result of each review conducted under paragraph (3) to the Chief Operating Officer, the Advisory Council, and the Secretary of Defense.
(d)
Advisory bodies

In carrying out the responsibilities set forth in subsection (b) and the duties set forth in subsection (c), the Senior Medical Advisor may establish and seek the advice of such advisory bodies as the Senior Medical Advisor considers appropriate.

(Pub. L. 101–510, div. A, title XV, § 1513A, as added Pub. L. 110–181, div. A, title XIV, § 1422(d)(1), Jan. 28, 2008, 122 Stat. 420; amended Pub. L. 112–81, div. A, title V, §§ 562, 567(c)(3), Dec. 31, 2011, 125 Stat. 1420, 1426; Pub. L. 113–291, div. A, title VII, § 721, Dec. 19, 2014, 128 Stat. 3417; Pub. L. 115–91, div. A, title XIV, § 1413(a)(1), Dec. 12, 2017, 131 Stat. 1707; Pub. L. 115–232, div. A, title XIV, § 1413, Aug. 13, 2018, 132 Stat. 2092; Pub. L. 116–283, div. A, title XIV, § 1413(b)(1), Jan. 1, 2021, 134 Stat. 4032.)
§ 414.
Fees paid by residents
(a)
Monthly fees

The Administrator of each facility of the Retirement Home shall collect a monthly fee from each resident of that facility.

(b)
Deposit of fees

The Administrators shall deposit fees collected under subsection (a) in the Armed Forces Retirement Home Trust Fund.

(c)
Fixing fees
(1) The Chief Operating Officer, with the approval of the Secretary of Defense, shall from time to time prescribe the fees required by subsection (a). Changes to such fees shall be based on the financial needs of the Retirement Home and the ability of the residents to pay. A change of a fee may not take effect until 120 days after the Secretary of Defense transmits a notification of the change to the Committees on Armed Services of the Senate and the House of Representatives.
(2)
(A) The fee shall be fixed as a percentage of the monthly income and monthly payments (including Federal payments) received by a resident. The percentage shall be the same for each facility of the Retirement Home. The Secretary of Defense may make any adjustment in a percentage that the Secretary determines appropriate.
(B) The calculation of monthly income and monthly payments under subparagraph (A) for a resident eligible under section 412(a)(5) of this title shall not be less than the retirement pay for equivalent active duty service as determined by the Chief Operating Officer, except as the Chief Operating Officer may provide because of the compelling personal circumstances of such resident.
(3) The fee shall be subject to a limitation on maximum monthly amount. The amount of the limitation shall be increased, effective on January 1 of each year, by the percentage of the increase in retired pay and retainer pay that takes effect on the preceding December 1 under subsection (b) of section 1401a of title 10 without regard to paragraph (3) of such subsection.
(4) The Administrator of each facility of the Retirement Home may collect a fee upon admission from a resident accepted under section 412(a)(5) of this title equal to the deductions then in effect under section 1007(i)(1) of title 37 for each year of service computed under chapter 1223 of title 10 and shall deposit such fee in the Armed Forces Retirement Home Trust Fund.
(Pub. L. 101–510, div. A, title XV, § 1514, Nov. 5, 1990, 104 Stat. 1725; Pub. L. 103–337, div. A, title III, § 371(b), Oct. 5, 1994, 108 Stat. 2735; Pub. L. 107–107, div. A, title XIV, § 1405(b), Dec. 28, 2001, 115 Stat. 1261; Pub. L. 112–81, div. A, title V, §§ 564(b), 565, Dec. 31, 2011, 125 Stat. 1424; Pub. L. 116–283, div. A, title XIV, § 1412(b), Jan. 1, 2021, 134 Stat. 4031.)
§ 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.
(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, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property, or any income therefrom or other interest therein, for the benefit 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, § 1515, Nov. 5, 1990, 104 Stat. 1726; Pub. L. 102–190, div. A, title X, § 1062(a)(4), Dec. 5, 1991, 105 Stat. 1475; Pub. L. 103–160, div. A, title III, § 366(b), Nov. 30, 1993, 107 Stat. 1630; Pub. L. 104–201, div. A, title X, § 1051(a), (b)(1), Sept. 23, 1996, 110 Stat. 2648; Pub. L. 107–107, div. A, title XIV, § 1404(a), Dec. 28, 2001, 115 Stat. 1259; Pub. L. 112–81, div. A, title V, § 563(b)(2), Dec. 31, 2011, 125 Stat. 1423; Pub. L. 115–232, div. A, title XIV, § 1414, Aug. 13, 2018, 132 Stat. 2092.)
§ 416.
Advisory Council
(a)
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.

(b)
Duties
(1) 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.
(2) 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.
(3) 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.
(c)
Composition
(1) The Advisory Council shall consist of at least 15 members.
(2) 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.
(3)
The Advisory Council shall include the following members:
(A) One member who is an expert in nursing home or retirement home administration and financing.
(B) One member who is an expert in gerontology.
(C) One member who is an expert in financial management.
(D) 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.
(E) The Chairpersons of the Resident Advisory Committees.
(F) One enlisted representative of the Services’ Retiree Advisory Council.
(G) The senior noncommissioned officer of one of the Armed Forces.
(H) 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.
(I) One senior judge advocate from one of the Armed Forces.
(J) One senior representative of one of the chief personnel officers of the Armed Forces.
(K) Such other members as the Secretary of Defense may designate.
(4) The Administrator of the each facility of the Retirement Home shall be a nonvoting member of the Advisory Council.
(5) 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.
(d)
Term of service
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(e)
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.

(f)
Compensation
(1)
Except as provided in paragraph (2), a member of the Advisory Council may—
(A) 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
(B) 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.
(2) 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.
(
§ 416a.
Resident Advisory Committees
(a)
Establishment and purpose
(1) A Resident Advisory Committee is an elected body of residents at each facility of the Retirement Home established to provide a forum for all residents to express their needs, ideas, and interests through elected representatives of their respective floor or area.
(2)
A Resident Advisory Committee—
(A) serves as a forum for ideas, recommendations, and representation to management of that facility of the Retirement Home to enhance the morale, safety, health, and well-being of residents; and
(B) provides a means to communicate policy and general information between residents and management.
(b)
Election process

The election process for the Resident Advisory Committee at a facility of the Retirement Home shall be coordinated by the facility Ombudsman.

(c)
Chairperson
(1) The Chairperson of a Resident Advisory Committee shall be elected at large and serve a two-year term.
(2) Chairpersons serve as a liaison to the Administrator and are voting members of the Advisory Council. Chairpersons shall create meeting agendas, conduct the meetings, and provide a copy of the minutes to the Administrator, who will forward the copy to the Chief Operating Officer for approval.
(d)
Meetings

At a minimum, meetings of a Resident Advisory Committee shall be conducted quarterly.

(Pub. L. 101–510, div. A, title XV, § 1516A, as added Pub. L. 112–81, div. A, title V, § 563(a), Dec. 31, 2011, 125 Stat. 1423.)
§ 417.
Administrators, Ombudsmen, and staff of facilities
(a)
Appointment

The Secretary of Defense shall appoint an Administrator and an Ombudsman for each facility of the Retirement Home.

(b)
Administrator
The Administrator 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;
(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 Administrator is not so certified at the time of appointment; and
(4) serve at the pleasure of the Secretary of Defense.
(c)
Duties of Administrator
(1) The Administrator 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 Administrator of a facility shall keep accurate and complete records of the facility.
(d)
Ombudsman
(1)
The Ombudsman 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 Ombudsman of a facility shall serve at the pleasure of the Secretary of Defense.
(e)
Duties of Ombudsman
(1) The Ombudsman of a facility shall, under the authority, direction, and control of the Administrator of the facility, serve as ombudsman for the residents and perform such other duties as the Administrator may assign.
(2) The Ombudsman may provide information to the Administrator, the Chief Operating Officer, the Senior Medical Advisor, and the Secretary of Defense.
(f)
Staff
(1) The Administrator of a facility may, subject to the approval of the Chief Operating Officer, appoint and prescribe the pay of such principal staff as the Administrator considers appropriate to assist the Administrator 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.
(g)
Annual evaluation of Administrators
(1) The Chief Operating Officer shall evaluate the performance of each of the Administrators of the facilities of the Retirement Home each year.
(2) The Chief Operating Officer shall submit to the Secretary of Defense any recommendations regarding an Administrator that the Chief Operating Officer determines appropriate taking into consideration the annual evaluation.
(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; Pub. L. 107–107, div. A, title XIV, § 1407, Dec. 28, 2001, 115 Stat. 1264; Pub. L. 112–81, div. A, title V, §§ 564(a), 567(c)(4), Dec. 31, 2011, 125 Stat. 1424, 1426; Pub. L. 115–91, div. A, title XIV, § 1413(a)(2), (c), Dec. 12, 2017, 131 Stat. 1707, 1708; Pub. L. 116–283, div. A, title XIV, § 1413(b)(3), Jan. 1, 2021, 134 Stat. 4032.)
§ 418.
Periodic inspection of retirement home facilities
(a)
Inspections

The Chief Operating Officer shall request the inspection of each facility of the Retirement Home by a nationally recognized civilian accrediting organization in accordance with section 411(g) of this title on a frequency consistent with the standards of such organization.

(b)
Availability of staff and records

The Chief Operating Officer and the Administrator of a facility being inspected under this section shall make all staff, other personnel, and records of the facility available to the civilian accrediting organization in a timely manner for purposes of inspections under this section.

(c)
Reports
Not later than 60 days after receiving a report on an inspection from the civilian accrediting organization under this section, the Chief Operating Officer shall submit to the Secretary of Defense, the Senior Medical Advisor, and the Advisory Council a report containing—
(1) the results of the inspection; and
(2) a plan to address any recommendations and other matters set forth in the report.
(Pub. L. 101–510, div. A, title XV, § 1518, Nov. 5, 1990, 104 Stat. 1730; Pub. L. 105–261, div. A, title X, § 1042(a), Oct. 17, 1998, 112 Stat. 2125; Pub. L. 107–107, div. A, title XIV, § 1404(b)(1)(C), Dec. 28, 2001, 115 Stat. 1260; Pub. L. 110–181, div. A, title XIV, § 1422(f), Jan. 28, 2008, 122 Stat. 422; Pub. L. 112–81, div. A, title V, §§ 563(b)(3), 564(b)(1), 566, 567(c)(5), Dec. 31, 2011, 125 Stat. 1423–1426; Pub. L. 115–91, div. A, title X, § 1051(d), title XIV, § 1413(a)(3), Dec. 12, 2017, 131 Stat. 1562, 1707; Pub. L. 115–232, div. A, title X, § 1081(c)(3), Aug. 13, 2018, 132 Stat. 1985; Pub. L. 116–283, div. A, title XIV, § 1413(a), Jan. 1, 2021, 134 Stat. 4031.)
§ 419.
Armed Forces Retirement Home Trust Fund
(a)
Establishment
There is hereby established in the Treasury of the United States a trust fund to be known as the Armed Forces Retirement Home Trust Fund. The Fund shall consist of the following:
(1) Such amounts as may be transferred to the Fund.
(2) Moneys deposited in the Fund by the Chief Operating Officer realized from gifts or from the disposition of property and facilities.
(3) Amounts deposited in the Fund as monthly fees paid by residents of the Retirement Home under section 414 of this title.
(4) Amounts of fines and forfeitures deposited in the Fund under section 2772 of title 10.
(5) Amounts deposited in the Fund as deductions from the pay of enlisted members, warrant officers, and limited duty officers under section 1007(i) of title 37.
(6) Interest from investments made under subsection (c).
(b)
Availability and use of Fund

Amounts in the Fund shall be available solely for the operation of the Retirement Home.

(c)
Investments

The Secretary of the Treasury may invest in obligations issued or guaranteed by the United States any monies in the Fund that the Chief Operating Officer determines are not currently needed to pay for the operation of the Retirement Home.

(d)
Reporting requirements

The Chief Financial Officer of the Armed Forces Retirement Home shall comply with the reporting requirements of subchapter II of chapter 35 of title 31.

(Pub. L. 101–510, div. A, title XV, § 1519, Nov. 5, 1990, 104 Stat. 1730; Pub. L. 107–107, div. A, title XIV, §§ 1404(b)(2), 1410(a)(2), (b)(2), Dec. 28, 2001, 115 Stat. 1260, 1266; Pub. L. 110–181, div. A, title XIV, § 1422(g), Jan. 28, 2008, 122 Stat. 423; Pub. L. 112–81, div. A, title V, § 567(b)(1), Dec. 31, 2011, 125 Stat. 1425.)
§ 420.
Disposition of effects of deceased persons; unclaimed property
(a)
Disposition of effects of deceased persons
The Administrator of a facility of the Retirement Home shall safeguard and dispose of the estate and personal effects of deceased residents, including effects delivered to such facility under sections 7712(f) and 9712(f) of title 10, and shall ensure the following:
(1) A will or other instrument of a testamentary nature involving property rights executed by a resident shall be promptly delivered, upon the death of the resident, to the proper court of record.
(2)
If a resident dies intestate and the heirs or legal representative of the deceased cannot be immediately ascertained, the Administrator shall retain all property left by the decedent for a three-year period beginning on the date of the death. If entitlement to such property is established to the satisfaction of the Administrator at any time during the three-year period, the Administrator shall distribute the decedent’s property, in equal pro-rata shares when multiple beneficiaries have been identified, to the highest following categories of identified survivors (listed in the order of precedence indicated):
(A) The surviving spouse or legal representative.
(B) The children of the deceased.
(C) The parents of the deceased.
(D) The siblings of the deceased.
(E) The next-of-kin of the deceased.
(b)
Sale of effects
(1)
(A) If the disposition of the estate of a resident of the Retirement Home cannot be accomplished under subsection (a)(2) or if a resident dies testate and the nominated fiduciary, legatees, or heirs of the resident cannot be immediately ascertained, the entirety of the deceased resident’s domiciliary estate and the entirety of any ancillary estate that is unclaimed at the end of the three-year period beginning on the date of the death of the resident shall escheat to the Retirement Home.
(B) Upon the sale of any such unclaimed estate property, the proceeds of the sale shall be deposited in the Armed Forces Retirement Home Trust Fund.
(C) If a personal representative or other fiduciary is appointed to administer a deceased resident’s estate and the administration is completed before the end of such three-year period, the balance of the entire net proceeds of the estate, less expenses, shall be deposited directly in the Armed Forces Retirement Home Trust Fund. The heirs or legatees of the deceased resident may file a claim made with the Secretary of Defense to reclaim such proceeds. A determination of the claim by the Secretary shall be subject to judicial review exclusively by the United States Court of Federal Claims.
(2)
(A) The Administrator of a facility of the Retirement Home may designate an attorney who is a full-time officer or employee of the United States or a member of the Armed Forces on active duty to serve as attorney or agent for the facility in any probate proceeding in which the Retirement Home may have a legal interest as nominated fiduciary, testamentary legatee, escheat legatee, or in any other capacity.
(B) An attorney designated under this paragraph may, in the domiciliary jurisdiction of the deceased resident and in any ancillary jurisdiction, petition for appointment as fiduciary. The attorney shall have priority over any petitioners (other than the deceased resident’s nominated fiduciary, named legatees, or heirs) to serve as fiduciary. In a probate proceeding in which the heirs of an intestate deceased resident cannot be located and in a probate proceeding in which the nominated fiduciary, legatees, or heirs of a testate deceased resident cannot be located, the attorney shall be appointed as the fiduciary of the deceased resident’s estate.
(3) The designation of an employee or representative of a facility of the Retirement Home as personal representative of the estate of a resident of the Retirement Home or as a legatee under the will or codicil of the resident shall not disqualify an employee or staff member of that facility from serving as a competent witness to a will or codicil of the resident.
(4)
After the end of the three-year period beginning on the date of the death of a resident of a facility, the Administrator of the facility shall dispose of all property of the deceased resident that is not otherwise disposed of under this subsection, including personal effects such as decorations, medals, and citations to which a right has not been established under subsection (a). Disposal may be made within the discretion of the Administrator by—
(A) retaining such property or effects for the facility;
(B) offering such items to the Secretary of Veterans Affairs, a State, another military home, a museum, or any other institution having an interest in such items; or
(C) destroying any items determined by the Administrator to be valueless.
(c)
Transfer of proceeds to Fund

The net proceeds received by the Administrators from the sale of effects under subsection (b) shall be deposited in the Fund.

(d)
Subsequent claim
(1) A claim for the net proceeds of the sale under subsection (b) of the effects of a deceased may be filed with the Secretary of Defense at any time within six years after the death of the deceased, for action under section 2771 of title 10.
(2) A claim referred to in paragraph (1) may not be considered by a court or the Secretary unless the claim is filed within the time period prescribed in such paragraph.
(3) A claim allowed by the Secretary under paragraph (1) shall be certified to the Secretary of the Treasury for payment from the Fund in the amount found due, including any interest relating to the amount. No claim may be allowed or paid in excess of the net proceeds of the estate deposited in the Fund under subsection (c) plus interest.
(e)
Unclaimed property

In the case of property delivered to the Retirement Home under section 2575 of title 10, the Administrator of the facility shall deliver the property to the owner, the heirs or next of kin of the owner, or the legal representative of the owner, if a right to the property is established to the satisfaction of the Administrator of the facility within two years after the delivery.

(Pub. L. 101–510, div. A, title XV, § 1520, Nov. 5, 1990, 104 Stat. 1731; Pub. L. 103–160, div. A, title III, § 366(d), (e), Nov. 30, 1993, 107 Stat. 1631; Pub. L. 104–316, title II, § 202(j), Oct. 19, 1996, 110 Stat. 3843; Pub. L. 107–107, div. A, title XIV, §§ 1408, 1410(a)(3), Dec. 28, 2001, 115 Stat. 1265, 1266; Pub. L. 107–314, div. A, title X, § 1062(f)(3), Dec. 2, 2002, 116 Stat. 2651; Pub. L. 108–136, div. A, title X, § 1045(g), Nov. 24, 2003, 117 Stat. 1613; Pub. L. 112–81, div. A, title V, §§ 564(b), 567(c)(6), Dec. 31, 2011, 125 Stat. 1424, 1426; Pub. L. 115–232, div. A, title VIII, § 809(g), Aug. 13, 2018, 132 Stat. 1842.)
§ 421.
Payment of residents for services
(a)
Authority

The Chief Operating Officer is authorized to accept for the Armed Forces Retirement Home the part-time or intermittent services of a resident of the Retirement Home, to pay the resident for such services, and to fix the rate of such pay.

(b)
Employment status
A resident receiving pay for services authorized under subsection (a) shall not, by reason of performing such services and receiving pay for such services, be considered as—
(1) receiving the pay of a position or being employed in a position for the purposes of section 5532 1
1 See References in Text note below.
of title 5; or
(2)
being an employee of the United States for any purpose other than—
(A) subchapter I of chapter 81 of title 5 (relating to compensation for work-related injuries); and
(B) chapter 171 of title 28 (relating to claims for damages or loss).
(c)
“Position” defined

In subsection (b)(1), the term “position” has the meaning given that term in section 5531 of title 5.

(Pub. L. 101–510, div. A, title XV, § 1521, as added Pub. L. 102–484, div. A, title III, § 385(a), Oct. 23, 1992, 106 Stat. 2394; amended Pub. L. 104–201, div. A, title X, § 1052(b), Sept. 23, 1996, 110 Stat. 2650; Pub. L. 107–107, div. A, title XIV, § 1404(b)(3), Dec. 28, 2001, 115 Stat. 1260.)
§ 422.
Authority to accept certain uncompensated services
(a)
Authority to accept services

Subject to subsection (b) and notwithstanding section 1342 of title 31, the Chief Operating Officer or the Administrator of a facility of the Retirement Home may accept from any person voluntary personal services or gratuitous services.

(b)
Requirements and limitations
(1) The Chief Operating Officer or the Administrator of a facility accepting the services shall notify the person offering the services of the scope of the services accepted.
(2)
The Chief Operating Officer or Administrator shall—
(A) supervise the person providing the services to the same extent as that official would supervise a compensated employee providing similar services; and
(B) ensure that the person is licensed, privileged, has appropriate credentials, or is otherwise qualified under applicable laws or regulations to provide such services.
(3)
A person providing services accepted under subsection (a) may not—
(A) serve in a policymaking position of the Retirement Home; or
(B) be compensated for the services by the Retirement Home.
(c)
Authority to recruit and train persons providing services

The Chief Operating Officer or the Administrator of a facility of the Retirement Home may recruit and train persons to provide services authorized to be accepted under subsection (a).

(d)
Status of persons providing services
(1)
Subject to paragraph (3), while providing services accepted under subsection (a) or receiving training under subsection (c), a person shall be considered to be an employee of the Federal Government only for purposes of the following provisions of law:
(A) Subchapter I of chapter 81 of title 5 (relating to compensation for work-related injuries).
(B) Chapter 171 of title 28 (relating to claims for damages or loss).
(2) A person providing services accepted under subsection (a) shall be considered to be an employee of the Federal Government under paragraph (1) only with respect to services that are within the scope of the services accepted.
(3)
For purposes of determining the compensation for work-related injuries payable under chapter 81 of title 5 (pursuant to this subsection) to a person providing services accepted under subsection (a), the monthly pay of the person for such services shall be deemed to be the amount determined by multiplying—
(A) the average monthly number of hours that the person provided the services, by
(B) the minimum wage determined in accordance with section 206(a)(1) of title 29.
(e)
Reimbursement of incidental expenses

The Chief Operating Officer or the Administrator of a facility accepting services under subsection (a) may provide for reimbursement of a person for incidental expenses incurred by the person in providing the services accepted under subsection (a). The Chief Operating Officer or Administrator shall determine which expenses qualify for reimbursement under this subsection.

(Pub. L. 101–510, div. A, title XV, § 1522, as added Pub. L. 104–201, div. A, title X, § 1052(a), Sept. 23, 1996, 110 Stat. 2649; amended Pub. L. 107–107, div. A, title XIV, § 1404(b)(4), Dec. 28, 2001, 115 Stat. 1260; Pub. L. 112–81, div. A, title V, § 564(b)(1), Dec. 31, 2011, 125 Stat. 1424.)
§ 423.
Preservation of historic buildings and grounds at the Armed Forces Retirement Home—Washington
(a)
Historic nature of facility
Congress finds the following:
(1) Four buildings located on six acres of the establishment of the Retirement Home known as the Armed Forces Retirement Home—Washington are included on the National Register of Historic Places maintained by the Secretary of the Interior.
(2) Amounts in the Armed Forces Retirement Home Trust Fund, which consists primarily of deductions from the pay of members of the Armed Forces, are insufficient to both maintain and operate the Retirement Home for the benefit of the residents of the Retirement Home and adequately maintain, repair, and preserve these historic buildings and grounds.
(3) Other sources of funding are available to contribute to the maintenance, repair, and preservation of these historic buildings and grounds.
(b)
Authority to accept assistance

The Chief Operating Officer and the Administrator of the Armed Forces Retirement Home—Washington may apply for and accept a direct grant from the Secretary of the Interior under section 302904 of title 54 for the purpose of maintaining, repairing, and preserving the historic buildings and grounds of the Armed Forces Retirement Home—Washington included on the National Register of Historic Places.

(c)
Requirements and limitations

Amounts received as a grant under subsection (b) shall be deposited in the Fund, but shall be kept separate from other amounts in the Fund. The amounts received may only be used for the purpose specified in subsection (b).

(Pub. L. 101–510, div. A, title XV, § 1523, as added Pub. L. 106–65, div. A, title III, § 383, Oct. 5, 1999, 113 Stat. 583; amended Pub. L. 107–107, div. A, title XIV, §§ 1404(b)(5), 1410(a)(4), Dec. 28, 2001, 115 Stat. 1261, 1266; Pub. L. 112–81, div. A, title V, § 564(b)(1), Dec. 31, 2011, 125 Stat. 1424.)
§ 424.
Repealed. Pub. L. 107–107, div. A, title XIV, § 1410(a)(5), Dec. 28, 2001, 115 Stat. 1266