38 U.S.C. § 541 — Advisory Committee on Former Prisoners

Page 98 TITLE 38—VETERANS’ BENEFITS § 541 1 See References in Text note below. (3) at least one individual employed in each regional benefits office; (4) at least one individual employed at each location of the National Cemetery Adminis- tration; and (5) at least one individual employed at the Central Office of the Department to track re- ports of such harassment and sexual assault across the Department, disaggregated by facil- ity. (c) ACCOUNTABILITY.—(1) The Secretary shall establish a policy to ensure that each facility of the Department and each director of a Veterans Integrated Service Network is responsible for addressing harassment and sexual assault at the facility and the Network. (2) The policy required by paragraph (1) shall include— (A) a remediation plan for facilities that ex- perience five or more incidents of sexual har- assment, sexual assault, or combination there- of, during any single fiscal year; and (B) taking appropriate actions under chapter 7 or subchapter V of chapter 74 of this title. (d) DATA.—The Secretary shall ensure that the in-take process for veterans at medical facilities of the Department includes a survey to collect the following information: (1) Whether the veteran feels safe at the fa- cility and whether any events occurred at the facility that affect such feeling. (2) Whether the veteran wants to be con- tacted later by the Department with respect to such safety issues. (e) WORKING GROUP.—(1) The Secretary shall establish a working group to assist the Sec- retary in implementing policies to carry out this section. (2) The working group established under para- graph (1) shall consist of representatives from— (A) veterans service organizations; (B) State, local, and Tribal veterans agen- cies; and (C) other persons the Secretary determines appropriate. (3) The working group established under para- graph (1) shall develop, and the Secretary shall carry out— (A) an action plan for addressing changes at the local level to reduce instances of harass- ment and sexual assault; (B) standardized media for veterans service organizations and other persons to use in print and on the internet with respect to reducing harassment and sexual assault; and (C) bystander intervention training for vet- erans. (4) The working group established under para- graph (1) shall not be subject to the require- ments of the Federal Advisory Committee Act (5 U.S.C. App.).1 (f) ANNUAL REPORTS.—(1) The Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Af- fairs of the House of Representatives an annual report on harassment and sexual assault de- scribed in subparagraphs (A) and (B) of sub- section (a)(2) in facilities of the Department. (2) Each report submitted under paragraph (1) shall include the following: (A) Results of harassment and sexual assault programming, including the End Harassment program. (B) Results of studies from the Women’s Health Practice-Based Research Network of the Department relating to harassment and sexual assault. (C) Data collected on incidents of sexual har- assment and sexual assault. (D) A description of any actions taken by the Secretary during the year preceding the date of the report to stop harassment and sex- ual assault at facilities of the Department. (E) An assessment of the implementation of the training required in subsection (a)(2)(H). (F) A list of resources the Secretary deter- mines necessary to prevent harassment and sexual assault at facilities of the Department. (g) DEFINITIONS.—In this section: (1) The term ‘‘non-Department individual’’ means any individual present at a facility of the Department who is not an employee or contractor of the Department. (2) The term ‘‘sexual harassment’’ means un- solicited verbal or physical contact of a sexual nature which is threatening in character. (Added Pub. L. 116–315, title V, § 5303(a), Jan. 5, 2021, 134 Stat. 5038.) Editorial Notes REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (e)(4), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. Statutory Notes and Related Subsidiaries DEADLINE Pub. L. 116–315, title V, § 5303(d), Jan. 5, 2021, 134 Stat. 5041, provided that: ‘‘The Secretary shall commence carrying out section 533 of such title [title 38], as added by subsection (a), not later than 180 days after the date of enactment of this Act [Jan. 5, 2021].’’ SUBCHAPTER III—ADVISORY COMMITTEES § 541. Advisory Committee on Former Prisoners of War (a)(1) The Secretary shall establish an advi- sory committee to be known as the Advisory Committee on Former Prisoners of War (herein- after in this section referred to as the ‘‘Com- mittee’’). (2)(A) The members of the Committee shall be appointed by the Secretary from the general public and shall include— (i) appropriate representatives of veterans who are former prisoners of war; (ii) individuals who are recognized authori- ties in fields pertinent to disabilities prevalent among former prisoners of war, including au- thorities in epidemiology, mental health, nu- trition, geriatrics, and internal medicine; and Page 99 TITLE 38—VETERANS’ BENEFITS § 542 (iii) appropriate representatives of disabled veterans. (B) The Committee shall also include, as ex officio members, the Under Secretary for Health and the Under Secretary for Benefits, or their designees. (3) The Secretary shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Secretary, except that the term of service of any such member may not exceed three years. (b) The Secretary shall, on a regular basis, consult with and seek the advice of the Com- mittee with respect to the administration of benefits under this title for veterans who are former prisoners of war and the needs of such veterans with respect to compensation, health care, and rehabilitation. (c)(1) Not later than July 1 of each odd-num- bered year through 2009, the Committee shall submit to the Secretary a report on the pro- grams and activities of the Department that pertain to veterans who are former prisoners of war. Each such report shall include— (A) an assessment of the needs of such vet- erans with respect to compensation, health care, and rehabilitation; (B) a review of the programs and activities of the Department designed to meet such needs; and (C) such recommendations (including rec- ommendations for administrative and legisla- tive action) as the Committee considers to be appropriate. (2) The Secretary shall, within 60 days after receiving each report under paragraph (1), sub- mit to the Congress a copy of the report, to- gether with any comments concerning the re- port that the Secretary considers appropriate. (3) The Committee may also submit to the Secretary such other reports and recommenda- tions as the Committee considers appropriate. (4) The Secretary shall submit with each an- nual report submitted to the Congress pursuant to section 529 of this title a summary of all re- ports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted to the Congress pursuant to that section. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 392; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 106–419, title IV, § 403(c)(2), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 108–454, title VIII, § 803, Dec. 10, 2004, 118 Stat. 3626.) Editorial Notes PRIOR PROVISIONS Prior section 541 was renumbered section 1541 of this title. Provisions similar to those in this section were con- tained in section 221 of this title prior to repeal by Pub. L. 102–83, § 2(a). AMENDMENTS 2004—Subsec. (c)(1). Pub. L. 108–454 substituted ‘‘2009’’ for ‘‘2003’’. 2000—Subsec. (c)(1). Pub. L. 106–419 inserted ‘‘through 2003’’ after ‘‘each odd-numbered year’’ in introductory provisions. 1992—Subsec. (a)(2)(B). Pub. L. 102–405 substituted ‘‘Under Secretary for Health’’ for ‘‘Chief Medical Direc- tor’’ and ‘‘Under Secretary for Benefits’’ for ‘‘Chief Benefits Director’’. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. § 542. Advisory Committee on Women Veterans (a)(1) The Secretary shall establish an advi- sory committee to be known as the Advisory Committee on Women Veterans (hereinafter in this section referred to as ‘‘the Committee’’). (2)(A) The Committee shall consist of members appointed by the Secretary from the general public, including— (i) representatives of women veterans; (ii) individuals who are recognized authori- ties in fields pertinent to the needs of women veterans, including the gender-specific health- care needs of women; (iii) representatives of both female and male veterans with service-connected disabilities, including at least one female veteran with a service-connected disability and at least one male veteran with a service-connected dis- ability; and (iv) women veterans who are recently sepa- rated from service in the Armed Forces. (B) The Committee shall include, as ex officio members— (i) the Secretary of Labor (or a representa- tive of the Secretary of Labor designated by the Secretary after consultation with the As- sistant Secretary of Labor for Veterans’ Em- ployment); (ii) the Secretary of Defense (or a represent- ative of the Secretary of Defense designated by the Secretary of Defense after consultation with the Defense Advisory Committee on Women in the Services); and (iii) the Under Secretary for Health and the Under Secretary for Benefits, or their des- ignees. (C) The Secretary may invite representatives of other departments and agencies of the United States to participate in the meetings and other activities of the Committee. (3) The Secretary shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Secretary, except that a term of service of any such member may not exceed three years. The Secretary may reappoint any such member for additional terms of service. (b) The Secretary shall, on a regular basis, consult with and seek the advice of the Com- mittee with respect to the administration of benefits by the Department for women veterans, reports and studies pertaining to women vet-