§541 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must create an Advisory Committee on Former Prisoners of War to advise the Department of Veterans Affairs. Members are chosen from the public and must include representatives of veterans who were prisoners of war, representatives of disabled veterans, and experts in health areas tied to POW conditions (such as epidemiology, mental health, nutrition, geriatrics, and internal medicine). The Under Secretary for Health and the Under Secretary for Benefits, or their designees, are also members. The Secretary sets how many members there are, their pay, and their terms, but no appointed member may serve more than three years. The Secretary must regularly ask the committee for advice about compensation, health care, and rehabilitation for former POWs. By July 1 of each odd-numbered year through 2009, the committee must send a report to the Secretary that assesses veterans’ needs, reviews VA programs for those needs, and gives recommendations, including administrative or legislative ideas. The Secretary must send each report to Congress within 60 days with any comments. The committee can send other reports anytime, and the Secretary must include a summary of the committee’s reports and recommendations in each annual report to Congress required by section 529.

Title 38, §541

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)The Secretary shall establish an advisory committee to be known as the Advisory Committee on Former Prisoners of War (hereinafter in this section referred to as the “Committee”).

(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 authorities in fields pertinent to disabilities prevalent among former prisoners of war, including authorities in epidemiology, mental health, nutrition, geriatrics, and internal medicine; and

(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 Committee 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-numbered year through 2009, the Committee shall submit to the Secretary a report on the programs 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 veterans 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 recommendations for administrative and legislative action) as the Committee considers to be appropriate.

(2)The Secretary shall, within 60 days after receiving each report under paragraph (1), submit to the 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 recommendations as the Committee considers appropriate.

(4)The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports 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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior section 541 was renumbered section 1541 of this title. Provisions similar to those in this section were contained 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 Director” and “Under Secretary for Benefits” for “Chief Benefits Director”.

Statutory Notes and Related Subsidiaries

Termination of Advisory CommitteesAdvisory 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.

§541 Advisory Committee on Former Prisoners of War