38 U.S.C. § 546 — Advisory Committee on Disability Com-

Page 105 TITLE 38—VETERANS’ BENEFITS § 546 ‘‘SEC. 705. COMMISSION PERSONNEL MATTERS. ‘‘(a) COMPENSATION OF MEMBERS.—Each member of the Commission may be compensated at a rate equal to the daily equivalent of the annual rate of basic pay pre- scribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in performing the duties of the Commission. ‘‘(b) TRAVEL AND TRAVEL EXPENSES.—(1) Members and personnel of the Commission may travel on military aircraft, military vehicles, or other military convey- ances when travel is necessary in the performance of a duty of the Commission except when the cost of com- mercial transportation is less expensive. ‘‘(2) The members of the Commission may be allowed travel expenses, including per diem in lieu of subsist- ence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. ‘‘(c) STAFF.—(1) The chairman of the Commission may, without regard to civil service laws and regula- tions, appoint and terminate an executive director and up to five additional staff members as may be nec- essary to enable the Commission to perform its duties. In appointing an individual as executive director, the chairman shall, to the maximum extent practicable, attempt to appoint an individual who is a veteran. The employment of an executive director shall be subject to confirmation by the Commission. ‘‘(2) The chairman of the Commission may fix the compensation of the executive director and other per- sonnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other staff members may not ex- ceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ‘‘(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon re- quest of the chairman of the Commission, the head of any department or agency of the Government may de- tail, on a nonreimbursable basis, any personnel of the department or agency to the Commission to assist the Commission in carrying out its duties. ‘‘(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The chairman of the Commission may pro- cure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for indi- viduals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of such title. ‘‘SEC. 706. TERMINATION OF COMMISSION. ‘‘The Commission shall terminate 90 days after the date on which it submits its report under section 702(d)(2). ‘‘SEC. 707. DEFINITIONS. ‘‘For the purposes of this title: ‘‘(1) The term ‘veterans transition assistance and benefits program’ means any program of the Govern- ment the purpose of which is— ‘‘(A) to assist, by rehabilitation or other means, members of the Armed Forces in readjusting or oth- erwise making the transition to civilian life upon their separation from service in the Armed Forces; or ‘‘(B) to assist veterans in making the transition to civilian life. ‘‘(2) The term ‘Armed Forces’ has the meaning given such term in section 101(10) of title 38, United States Code. ‘‘(3) The term ‘veteran’ has the meaning given such term in section 101(2) of title 38, United States Code. ‘‘(4) The term ‘veterans service organization’ means any organization covered by section 5902(a) of title 38, United States Code. ‘‘SEC. 708. FUNDING. ‘‘(a) IN GENERAL.—The Secretary of Defense shall, upon the request of the chairman of the Commission, make available to the Commission such amounts as the Commission may require to carry out its duties under this title. The Secretary shall make such amounts available from amounts appropriated for the Depart- ment of Defense, except that such amounts may not be from amounts appropriated for the transition assist- ance program (TAP), the Army career alumni program (ACAP), or any similar program. ‘‘(b) AVAILABILITY.—Any sums made available to the Commission under subsection (a) shall remain avail- able, without fiscal year limitation, until the termi- nation of the Commission.’’ ORIGINAL MEMBERS OF ADVISORY COMMITTEE Pub. L. 104–262, title III, § 333(b), Oct. 9, 1996, 110 Stat. 3200, provided that: ‘‘(1) Notwithstanding subsection (a)(2) of section 545 of title 38, United States Code (as added by subsection (a)), the members of the Advisory Committee on the Readjustment of Vietnam and Other War Veterans on the date of the enactment of this Act [Oct. 9, 1996] shall be the original members of the advisory committee rec- ognized under such section. ‘‘(2) The original members shall so serve until the Secretary of Veterans Affairs carries out appointments under such subsection (a)(2). The Secretary of Veterans Affairs shall carry out such appointments as soon after such date as is practicable. The Secretary may make such appointments from among such original mem- bers.’’ § 546. Advisory Committee on Disability Com- pensation (a) ESTABLISHMENT.—(1) There is in the De- partment the Advisory Committee on Disability Compensation (in this section referred to as the ‘‘Committee’’). (2) The Committee shall consist of not more than 18 members appointed by the Secretary from among individuals who— (A) have experience with the provision of disability compensation by the Department; or (B) are leading medical or scientific experts in relevant fields. (3)(A) Except as provided in subparagraph (B), the Secretary shall determine the terms of serv- ice and pay and allowances of the members of the Committee. (B) A term of service may not exceed four years and shall be staggered to ensure that the dates for the termination of the members’ terms are not all the same. (C) The Secretary may reappoint any member for one or more additional terms of service. (4) The Secretary shall select a Chair from among the members of the Committee. (b) RESPONSIBILITIES OF COMMITTEE.—(1) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with re- spect to the maintenance and periodic readjust- ment of the schedule for rating disabilities under section 1155 of this title. (2)(A) In providing advice to the Secretary under this subsection, the Committee shall— (i) assemble and review relevant information relating to the needs of veterans with disabil- ities; (ii) provide information relating to the na- ture and character of disabilities arising from service in the Armed Forces; (iii) provide an on-going assessment of the effectiveness of the schedule for rating disabil- ities; and Page 106 TITLE 38—VETERANS’ BENEFITS § 547 (iv) provide on-going advice on the most ap- propriate means of responding to the needs of veterans relating to disability compensation in the future. (B) In carrying out its duties under subpara- graph (A), the Committee shall take into special account the needs of veterans who have served in a theater of combat operations. (c) RESOURCES.—The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Committee to carry out its responsibilities. (d) BIENNIAL REPORTS TO THE SECRETARY.—(1) Not later than October 31, 2010, and not less fre- quently than every two years thereafter, the Committee shall submit to the Secretary a re- port on the programs and activities of the De- partment that relate to the payment of dis- ability compensation. Each such report shall in- clude— (A) an assessment of the needs of veterans with respect to disability compensation; and (B) such recommendations (including rec- ommendations for administrative or legisla- tive action) as the Committee considers appro- priate. (2) The Committee may submit to the Sec- retary such other reports and recommendations as the Committee considers appropriate. (e) BIENNIAL REPORTS TO CONGRESS.—(1) Not later than 90 days after the receipt of a report required under subsection (d)(1), the Secretary shall transmit to the Committee on Veterans’ Affairs of the Senate and the Committee on Vet- erans’ Affairs of the House of Representatives a copy of such report, together with such com- ments and recommendations concerning such re- port as the Secretary considers appropriate. (2) The Secretary shall submit with each re- port required under paragraph (1) a summary of all reports and recommendations of the Com- mittee submitted to the Secretary under sub- section (d)(2) since the previous report trans- mitted by the Secretary under paragraph (1) of this subsection. (f) APPLICABILITY OF CHAPTER 10 OF TITLE 5.— (1) Except as provided in paragraph (2), the pro- visions of chapter 10 of title 5 shall apply to the activities of the Committee under this section. (2) Section 1013 of title 5 shall not apply to the Committee. (Added Pub. L. 110–389, title II, § 214(a), Oct. 10, 2008, 122 Stat. 4152; amended Pub. L. 117–286, § 4(a)(218), Dec. 27, 2022, 136 Stat. 4330.) Editorial Notes PRIOR PROVISIONS Prior sections 560 to 562 were renumbered sections 1560 to 1562 of this title, respectively. Prior sections 601 to 603 and 610 to 613 were renum- bered sections 1701 to 1703 and 1710 to 1713 of this title, respectively. Another prior section 613, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1143, related to fitting and training in use of prosthetic appliances, prior to repeal by section 103(b) of Pub. L. 93–82. See section 1714(a) of this title. Prior sections 614 to 620C were renumbered sections 1714 to 1720C of this title, respectively. Another prior section 620C, added Pub. L. 100–6, § 2(a), Feb. 12, 1987, 101 Stat. 92, related to community-based psychiatric residential treatment for chronically men- tally ill veterans, prior to repeal by Pub. L. 100–322, title I, § 115(g)(1), May 20, 1988, 102 Stat. 502. See section 115(a)–(f) of Pub. L. 100–322, set out as a note under sec- tion 1712 of this title. Prior sections 621 to 624 were renumbered sections 1721 to 1724 of this title, respectively. Prior section 625, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1144; Pub. L. 91–24, § 6(a), June 11, 1969, 83 Stat. 34, re- lated to arrests for crimes in hospital and domiciliary reservations, prior to repeal by Pub. L. 93–43, §§ 4(b), 10(a), June 18, 1973, 87 Stat. 79, 88, effective June 18, 1973. Prior sections 626 to 631 were renumbered sections 1726 to 1731 of this title, respectively. Another prior section 631, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1145; Pub. L. 91–24, § 6(b), June 11, 1969, 83 Stat. 34, related to grants to the Republic of the Philippines, prior to repeal by section 107(a) of Pub. L. 93–82. Prior section 632 was renumbered section 1732 of this title. Another prior section 632, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1146; Pub. L. 88–40, June 13, 1963, 77 Stat. 66; Pub. L. 89–612, § 2, Sept. 30, 1966, 80 Stat. 859; Pub. L. 91–24, § 6(c), June 11, 1969, 83 Stat. 34, related to modi- fication of agreement with the Republic of the Phil- ippines effectuating the Act of July 1, 1948, prior to re- peal by section 107(a) of Pub. L. 93–82. Prior sections 633 to 635 and 641 to 643 were renum- bered sections 1733 to 1735 and 1741 to 1743 of this title, respectively. Prior section 644, added Pub. L. 91–178, § 2(a), Dec. 30, 1969, 83 Stat. 836; amended Pub. L. 93–82, title IV, § 403(b), Aug. 2, 1973, 87 Stat. 196, authorized appropria- tions to be used for making grants to States which had submitted and had approved applications for assistance in remodeling, modification, or alteration of existing hospital or domiciliary facilities in State homes pro- viding care and treatment for veterans, prior to repeal by Pub. L. 95–62, §§ 2, 5, July 5, 1977, 91 Stat. 262, 263, ef- fective Oct. 1, 1977, but with provision for the con- tinuing force and effect of the terms and conditions of grants made prior to Oct. 1, 1977, under prior section 644 and with additional provision for the modification of the terms and conditions of both grants made under that section prior to Oct. 1, 1977, and of grants made under subchapter III of chapter 81 of this title prior to Oct. 1, 1977. Prior sections 651 to 654 and 661 to 664 were renum- bered sections 1751 to 1754 and 1761 to 1764 of this title, respectively. AMENDMENTS 2022—Subsec. (f). Pub. L. 117–286, § 4(a)(218)(A), sub- stituted ‘‘Chapter 10 of Title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading. Subsec. (f)(1). Pub. L. 117–286, § 4(a)(218)(B), sub- stituted ‘‘chapter 10 of title 5’’ for ‘‘the Federal Advi- sory Committee Act (5 U.S.C. App.)’’. Subsec. (f)(2). Pub. L. 117–286, § 4(a)(218)(C), sub- stituted ‘‘Section 1013 of title 5’’ for ‘‘Section 14 of such Act’’. § 547. Advisory Committee on Tribal and Indian Affairs (a) ESTABLISHMENT.—(1) The Secretary shall establish an advisory committee to provide ad- vice and guidance to the Secretary on matters relating to Indian tribes, tribal organizations, and Native American veterans. (2) The advisory committee established under paragraph (1) shall be known as the ‘‘Advisory Committee on Tribal and Indian Affairs’’ (in this section referred to as the ‘‘Committee’’). (3) The Committee shall facilitate, but not supplant, government-to-government consulta- tion between the Department and Indian tribes or tribal organizations.