38 U.S.C. § 544 — Advisory Committee on Minority Veterans

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 Page 102 TITLE 38—VETERANS’ BENEFITS § 545 (C) 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 Congress a copy of the report, together with any comments concerning the report 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. (d) In this section, the term ‘‘minority group member’’ means an individual who is— (1) Asian American; (2) Black; (3) Hispanic; (4) Native American (including American In- dian, Alaskan Native, and Native Hawaiian); or (5) Pacific-Islander American. (e) The Committee shall cease to exist Sep- tember 30, 2026. (Added Pub. L. 103–446, title V, § 510(a), Nov. 2, 1994, 108 Stat. 4668; amended Pub. L. 104–275, title V, § 501(e)(2), (f), Oct. 9, 1996, 110 Stat. 3341; Pub. L. 106–117, title VIII, § 803, Nov. 30, 1999, 113 Stat. 1586; Pub. L. 108–183, title VII, § 703, Dec. 16, 2003, 117 Stat. 2671; Pub. L. 110–389, title VIII, § 808, Oct. 10, 2008, 122 Stat. 4189; Pub. L. 111–163, title II, § 204(b), May 5, 2010, 124 Stat. 1144; Pub. L. 113–175, title IV, § 404, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 114–58, title IV, § 406, Sept. 30, 2015, 129 Stat. 535; Pub. L. 114–228, title IV, § 406, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, § 406, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, § 166, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 117–180, div. E, title IV, § 403, Sept. 30, 2022, 136 Stat. 2139.) Editorial Notes PRIOR PROVISIONS Prior section 544, added Pub. L. 90–77, title I, § 108(a), Aug. 31, 1967, 81 Stat. 180; amended Pub. L. 91–588, § 3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 93–527, § 5, Dec. 21, 1974, 88 Stat. 1704; Pub. L. 94–169, title I, § 105, Dec. 23, 1975, 89 Stat. 1017; Pub. L. 94–432, title II, § 205, Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95–204, title I, § 104, Dec. 2, 1977, 91 Stat. 1457, authorized an increase by $79 of the monthly rate of pension payable to the surviving spouse if the surviving spouse was entitled to pension under subchapter III of chapter 15 of this title and was in need of regular aid and attendance, prior to repeal by Pub. L. 95–588, title I, § 112(a)(1), title IV, § 401, Nov. 4, 1978, 92 Stat. 2505, 2511, effective Jan. 1, 1979. Another prior section 544, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1139, authorized the payment of a pension to children of World War II or Korean conflict veterans, prior to the general amendment of subchapter III of chapter 15 of this title by Pub. L. 86–211, § 4, Aug. 29, 1950, 73 Stat. 434. See sections 1542 and 1543 of this title. AMENDMENTS 2022—Subsec. (e). Pub. L. 117–180 substituted ‘‘Sep- tember 30, 2026’’ for ‘‘September 30, 2022’’. 2018—Subsec. (c)(1). Pub. L. 115–251, § 166(b), sub- stituted ‘‘every other year’’ for ‘‘each year’’ in intro- ductory provisions. Subsec. (e). Pub. L. 115–251, § 166(a), substituted ‘‘Sep- tember 30, 2022’’ for ‘‘September 30, 2018’’. 2017—Subsec. (e). Pub. L. 115–62 substituted ‘‘Sep- tember 30, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (e). Pub. L. 114–228 substituted ‘‘Decem- ber 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (e). Pub. L. 114–58 substituted ‘‘Decem- ber 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (e). Pub. L. 113–175 substituted ‘‘Decem- ber 31, 2015’’ for ‘‘December 31, 2014’’. 2010—Subsec. (a)(2)(A)(v). Pub. L. 111–163 added cl. (v). 2008—Subsec. (e). Pub. L. 110–389 substituted ‘‘Decem- ber 31, 2014’’ for ‘‘December 31, 2009’’. 2003—Subsec. (e). Pub. L. 108–183 substituted ‘‘Decem- ber 31, 2009’’ for ‘‘December 31, 2003’’. 1999—Subsec. (e). Pub. L. 106–117 substituted ‘‘Decem- ber 31, 2003’’ for ‘‘December 31, 1999’’. 1996—Subsec. (b). Pub. L. 104–275, § 501(e)(2), inserted ‘‘, including the Center for Minority Veterans’’ before period at end. Subsec. (e). Pub. L. 104–275, § 501(f), substituted ‘‘De- cember 31, 1999’’ for ‘‘December 31, 1997’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–163 applicable to appoint- ments made on or after May 5, 2010, see section 204(c) of Pub. L. 111–163, set out as a note under section 542 of this title. § 545. Advisory Committee on the Readjustment of Veterans (a)(1) There is in the Department the Advisory Committee on the Readjustment of Veterans (hereinafter 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 demonstrated significant civic or professional achievement; and (B) have experience with the provision of veterans benefits and services by the Depart- ment. (3) The Secretary shall seek to ensure that members appointed to the Committee include individuals from a wide variety of geographic areas and ethnic backgrounds, individuals from veterans service organizations, individuals with combat experience, and women. (4) The Secretary shall determine the terms of service and pay and allowances of the members of the Committee, except that a term of service may not exceed two years. The Secretary may reappoint any member for additional terms of service. (b)(1) The Secretary shall, on a regular basis, consult with and seek the advice of the Com- mittee with respect to the provision by the De- partment of benefits and services to veterans in order to assist veterans in the readjustment to civilian life. (2)(A) In providing advice to the Secretary under this subsection, the Committee shall— (i) assemble and review information relating to the needs of veterans in readjusting to ci- vilian life; (ii) provide information relating to the na- ture and character of psychological problems arising from service in the Armed Forces;