38 U.S.C. § 543 — Advisory Committee on Prosthetics and

Page 100 TITLE 38—VETERANS’ BENEFITS § 543 erans and the needs of women veterans with re- spect to compensation, health care, rehabilita- tion, outreach, and other benefits and programs administered by the Department, including the Center for Women Veterans. (c)(1) Not later than July 1 of each year, the Committee shall submit to the Secretary a re- port on the programs and activities of the De- partment that pertain to women veterans. Each such report shall include— (A) an assessment of the needs of women veterans with respect to compensation, health care, rehabilitation, outreach, and other bene- fits and programs administered by the Depart- ment; (B) a review of the programs and activities of the Department designed to meet such needs; (C) an assessment of the effects of intimate partner violence on women veterans; and (D) such recommendations (including rec- ommendations for administrative and legisla- tive action) as the Committee considers appro- priate. (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 pursu- ant to such section. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 393; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 104–275, title V, § 501(e)(1), Oct. 9, 1996, 110 Stat. 3341; Pub. L. 106–419, title IV, § 403(c)(3), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 109–444, § 5, Dec. 21, 2006, 120 Stat. 3308; Pub. L. 109–461, title II, § 208(b), title X, § 1006(b), Dec. 22, 2006, 120 Stat. 3413, 3468; Pub. L. 110–387, title VIII, § 808, Oct. 10, 2008, 122 Stat. 4141; Pub. L. 111–163, title II, § 204(a), May 5, 2010, 124 Stat. 1144; Pub. L. 116–315, title V, § 5302, Jan. 5, 2021, 134 Stat. 5038; Pub. L. 117–263, div. E, title LI, § 5101, Dec. 23, 2022, 136 Stat. 3205.) Editorial Notes PRIOR PROVISIONS Prior section 542 was renumbered section 1542 of this title. Provisions similar to those in this section were con- tained in section 222 of this title prior to repeal by Pub. L. 102–83, § 2(a). AMENDMENTS 2022—Subsec. (c)(1). Pub. L. 117–263 substituted ‘‘year’’ for ‘‘even-numbered year’’. 2021—Subsec. (c)(1)(C), (D). Pub. L. 116–315 added sub- par. (C) and redesignated former subpar. (C) as (D). 2010—Subsec. (a)(2)(A)(iv). Pub. L. 111–163 added cl. (iv). 2008—Subsec. (c)(1). Pub. L. 110–387 struck out ‘‘through 2008’’ after ‘‘year’’ in introductory provisions. 2006—Subsec. (c)(1). Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amend- ments made by Pub. L. 109–444 were deemed for all pur- poses not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordina- tion of Provisions With Pub. L. 109–444 note under sec- tion 101 of this title. Pub. L. 109–461, § 208(b), substituted ‘‘2008’’ for ‘‘2004’’ in introductory provisions. Pub. L. 109–444, which substituted ‘‘2008’’ for ‘‘2004’’ in introductory provisions, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above. 2000—Subsec. (c)(1). Pub. L. 106–419 inserted ‘‘through 2004’’ after ‘‘each even-numbered year’’ in introductory provisions. 1996—Subsec. (b). Pub. L. 104–275 inserted ‘‘, including the Center for Women Veterans’’ before period at end. 1992—Subsec. (a)(2)(B)(iii). 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 CHANGE OF NAME Reference to Assistant Secretary of Labor for Vet- erans’ Employment in any law in force on Nov. 6, 1986, deemed to be a reference to Assistant Secretary of Labor for Veterans’ Employment and Training, see sec- tion 2(b)(3) of Pub. L. 99–619, set out as a References in Other Laws note under section 553 of Title 29, Labor. EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–163, title II, § 204(c), May 5, 2010, 124 Stat. 1144, provided that: ‘‘The amendments made by this section [amending this section and section 544 of this title] shall apply to appointments made on or after the date of the enactment of this Act [May 5, 2010].’’ 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. § 543. Advisory Committee on Prosthetics and Special-Disabilities Programs (a) There is in the Department an advisory committee known as the Advisory Committee on Prosthetics and Special-Disabilities Pro- grams (hereinafter in this section referred to as the ‘‘Committee’’). (b) The objectives and scope of activities of the Committee shall relate to— (1) prosthetics and special-disabilities pro- grams administered by the Secretary; (2) the coordination of programs of the De- partment for the development and testing of, and for information exchange regarding, pros- thetic devices; (3) the coordination of Department and non- Department programs that involve the devel- opment and testing of prosthetic devices; and (4) the adequacy of funding for the pros- thetics and special-disabilities programs of the Department. (c) The Secretary shall, on a regular basis, consult with and seek the advice of the Com- Page 101 TITLE 38—VETERANS’ BENEFITS § 544 mittee on the matters described in subsection (b). (d) Not later than January 15 of 1993, 1994, and 1995, the Committee shall submit to the Sec- retary and the Committees on Veterans’ Affairs of the Senate and House of Representatives a re- port on the effectiveness of the prosthetics and special-disabilities programs administered by the Secretary during the preceding fiscal year. Not more than 60 days after the date on which any such report is received by the Secretary, the Secretary shall submit a report to such commit- tees commenting on the report of the Com- mittee. (e) As used in this section, the term ‘‘special- disabilities programs’’ includes all programs ad- ministered by the Secretary for— (1) spinal-cord-injured veterans; (2) blind veterans; (3) veterans who have lost or lost the use of extremities; (4) hearing-impaired veterans; and (5) other veterans with serious incapacities in terms of daily life functions. (Added Pub. L. 102–405, title I, § 105(b)(1), Oct. 9, 1992, 106 Stat. 1975.) Editorial Notes PRIOR PROVISIONS Prior section 543 was renumbered section 1543 of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 102–405, title I, § 105(a), Oct. 9, 1992, 106 Stat. 1975, provided that: ‘‘The Federal advisory committee established by the Secretary and known as the Pros- thetics Service Advisory Committee shall after the date of the enactment of this Act [Oct. 9, 1992] be known as the Advisory Committee on Prosthetics and Special-Disabilities Programs and shall operate as though such committee had been established by law. Notwithstanding any other provision of law, the Com- mittee may, upon the enactment of this Act, meet and act on any matter covered by subsection (b) of section 543 of title 38, United States Code, as added by sub- section (b) of this section.’’ 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 Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. § 544. Advisory Committee on Minority Veterans (a)(1) The Secretary shall establish an advi- sory committee to be known as the Advisory Committee on Minority 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 veterans who are mi- nority group members; (ii) individuals who are recognized authori- ties in fields pertinent to the needs of veterans who are minority group members; (iii) veterans who are minority group mem- bers and who have experience in a military theater of operations; (iv) veterans who are minority group mem- bers and who do not have such experience; and (v) women veterans who are minority group members and are recently separated from service in the Armed Forces. (B) The Committee shall include, as ex officio members, the following: (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). (iii) The Secretary of the Interior (or a rep- resentative of the Secretary of the Interior designated by the Secretary of the Interior). (iv) The Secretary of Commerce (or a rep- resentative of the Secretary of Commerce des- ignated by the Secretary of Commerce). (v) The Secretary of Health and Human Services (or a representative of the Secretary of Health and Human Services designated by the Secretary of Health and Human Services). (vi) 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. (4) The Committee shall meet as often as the Secretary considers necessary or appropriate, but not less often than twice each fiscal year. (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 veterans who are minority group members, reports and studies pertaining to such veterans and the needs of such veterans with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the De- partment, including the Center for Minority Veterans. (c)(1) Not later than July 1 of every other year, the Committee shall submit to the Sec- retary a report on the programs and activities of the Department that pertain to veterans who are minority group members. Each such report shall include— (A) an assessment of the needs of veterans who are minority group members with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs ad- ministered by the Department; (B) a review of the programs and activities of the Department designed to meet such needs; and