US (United States) Code. Title 38. Chapter 5: Authority and duties of the Secretary

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Veterans Benefits

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 64 páginas
publicidad

-CITE-

38 USC CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

-HEAD-

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

-MISC1-

SUBCHAPTER I - GENERAL AUTHORITIES

Sec.

501. Rules and regulations.

502. Judicial review of rules and regulations.

503. Administrative error; equitable relief.

505. Opinions of Attorney General.

510. Authority to reorganize offices.

511. Decisions of the Secretary; finality.

512. Delegation of authority; assignment of functions and

duties.

513. Contracts and personal services.

515. Administrative settlement of tort claims.

516. Equal employment responsibilities.

SUBCHAPTER II - SPECIFIED FUNCTIONS

521. Assistance to certain rehabilitation activities.

522. Studies of rehabilitation of disabled persons.

523. Coordination and promotion of other programs affecting

veterans and their dependents.

525. Publication of laws relating to veterans.

527. Evaluation and data collection.

529. Annual report to Congress.

530. Annual report on program and expenditures for domestic

response to weapons of mass destruction.

531. Requirement relating to naming of Department property.

SUBCHAPTER III - ADVISORY COMMITTEES

541. Advisory Committee on Former Prisoners of War.

542. Advisory Committee on Women Veterans.

543. Advisory Committee on Prosthetics and

Special-Disabilities Programs.

544. Advisory Committee on Minority Veterans.

545. Advisory Committee on the Readjustment of Veterans.

AMENDMENTS

1998 - Pub. L. 105-368, title IX, Sec. 906(b), title X, Sec.

1001(a)(2), Nov. 11, 1998, 112 Stat. 3362, 3363, added items 530

and 531.

1997 - Pub. L. 105-114, title I, Sec. 101(a)(2), Nov. 21, 1997,

111 Stat. 2279, added item 516.

1996 - Pub. L. 104-262, title III, Sec. 333(a)(2), Oct. 9, 1996,

110 Stat. 3200, added item 545.

1994 - Pub. L. 103-446, title V, Sec. 510(b), Nov. 2, 1994, 108

Stat. 4670, added item 544.

1992 - Pub. L. 102-405, title I, Sec. 105(b)(2), Oct. 9, 1992,

106 Stat. 1976, added item 543.

-End-

-CITE-

38 USC SUBCHAPTER I - GENERAL AUTHORITIES 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER I - GENERAL AUTHORITIES

-HEAD-

SUBCHAPTER I - GENERAL AUTHORITIES

-End-

-CITE-

38 USC Sec. 501 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER I - GENERAL AUTHORITIES

-HEAD-

Sec. 501. Rules and regulations

-STATUTE-

(a) The Secretary has authority to prescribe all rules and

regulations which are necessary or appropriate to carry out the

laws administered by the Department and are consistent with those

laws, including -

(1) regulations with respect to the nature and extent of proof

and evidence and the method of taking and furnishing them in

order to establish the right to benefits under such laws;

(2) the forms of application by claimants under such laws;

(3) the methods of making investigations and medical

examinations; and

(4) the manner and form of adjudications and awards.

(b) Any rule, regulation, guideline, or other published

interpretation or order (and any amendment thereto) issued pursuant

to the authority granted by this section or any other provision of

this title shall contain citations to the particular section or

sections of statutory law or other legal authority upon which such

issuance is based. The citation to the authority shall appear

immediately following each substantive provision of the issuance.

(c) In applying section 552(a)(1) of title 5 to the Department,

the Secretary shall ensure that subparagraphs (C), (D), and (E) of

that section are complied with, particularly with respect to

opinions and interpretations of the General Counsel.

(d) The provisions of section 553 of title 5 shall apply, without

regard to subsection (a)(2) of that section, to matters relating to

loans, grants, or benefits under a law administered by the

Secretary.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 386.)

-MISC1-

PRIOR PROVISIONS

Prior section 501 was renumbered section 1501 of this title.

Provisions similar to those in this section were contained in

sections 210(c)(1) and 223(a), (b) of this title prior to repeal by

Pub. L. 102-83, Sec. 2(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1721 of this title.

-End-

-CITE-

38 USC Sec. 502 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER I - GENERAL AUTHORITIES

-HEAD-

Sec. 502. Judicial review of rules and regulations

-STATUTE-

An action of the Secretary to which section 552(a)(1) or 553 of

title 5 (or both) refers (other than an action relating to the

adoption or revision of the schedule of ratings for disabilities

adopted under section 1155 of this title) is subject to judicial

review. Such review shall be in accordance with chapter 7 of title

5 and may be sought only in the United States Court of Appeals for

the Federal Circuit. However, if such review is sought in

connection with an appeal brought under the provisions of chapter

72 of this title, the provisions of that chapter shall apply rather

than the provisions of chapter 7 of title 5.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 386.)

-MISC1-

PRIOR PROVISIONS

Prior section 502 was renumbered section 1502 of this title.

Provisions similar to those in this section were contained in

section 223(c) of this title prior to repeal by Pub. L. 102-83,

Sec. 2(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 511 of this title.

-End-

-CITE-

38 USC Sec. 503 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER I - GENERAL AUTHORITIES

-HEAD-

Sec. 503. Administrative error; equitable relief

-STATUTE-

(a) If the Secretary determines that benefits administered by the

Department have not been provided by reason of administrative error

on the part of the Federal Government or any of its employees, the

Secretary may provide such relief on account of such error as the

Secretary determines equitable, including the payment of moneys to

any person whom the Secretary determines is equitably entitled to

such moneys.

(b) If the Secretary determines that a veteran, surviving spouse,

child of a veteran, or other person has suffered loss as a

consequence of reliance upon a determination by the Department of

eligibility or entitlement to benefits, without knowledge that it

was erroneously made, the Secretary may provide such relief on

account of such error as the Secretary determines is equitable,

including the payment of moneys to any person whom the Secretary

determines is equitably entitled to such moneys.

(c) Not later than April 1 of each year, the Secretary shall

submit to Congress a report containing a statement as to the

disposition of each case recommended to the Secretary for equitable

relief under this section during the preceding calendar year. No

report shall be required under this subsection after December 31,

2004.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 386;

amended Pub. L. 106-419, title IV, Sec. 403(c)(1), Nov. 1, 2000,

114 Stat. 1864.)

-MISC1-

PRIOR PROVISIONS

Prior sections 503 and 504 were renumbered sections 1503 and 1504

of this title, respectively.

Provisions similar to those in this section were contained in

section 210(c)(2), (3) of this title prior to repeal by Pub. L.

102-83, Sec. 2(a).

AMENDMENTS

2000 - Subsec. (c). Pub. L. 106-419 inserted at end "No report

shall be required under this subsection after December 31, 2004."

-End-

-CITE-

38 USC Sec. 505 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER I - GENERAL AUTHORITIES

-HEAD-

Sec. 505. Opinions of Attorney General

-STATUTE-

The Secretary may require the opinion of the Attorney General on

any question of law arising in the administration of the

Department.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 387.)

-MISC1-

PRIOR PROVISIONS

Prior sections 505 to 508 were renumbered sections 1505 to 1508

of this title, respectively.

Provisions similar to those in this section were contained in

section 211(b) of this title prior to repeal by Pub. L. 102-83,

Sec. 2(a).

-End-

-CITE-

38 USC Sec. 510 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER I - GENERAL AUTHORITIES

-HEAD-

Sec. 510. Authority to reorganize offices

-STATUTE-

(a) Except to the extent inconsistent with law, the Secretary may

-

(1) consolidate, eliminate, abolish, or redistribute the

functions of the Administrations, offices, facilities, or

activities in the Department;

(2) create new Administrations, offices, facilities, or

activities in the Department; and

(3) fix the functions of any such Administration, office,

facility, or activity and the duties and powers of their

respective executive heads.

(b) The Secretary may not in any fiscal year implement an

administrative reorganization described in subsection (c) unless

the Secretary first submits to the appropriate committees of the

Congress a report containing a detailed plan and justification for

the administrative reorganization. No action to carry out such

reorganization may be taken after the submission of such report

until the end of a 45-day period following the date of the

submission of the report, not less than 30 days of which shall be

days during which Congress shall have been in continuous session.

For purposes of the preceding sentence, continuity of a session of

Congress is broken only by adjournment sine die, and there shall be

excluded from the computation of any period of continuity of

session any day during which either House of Congress is not in

session during an adjournment of more than three days to a day

certain.

(c) An administrative reorganization described in this subsection

is an administrative reorganization of a covered field office or

facility that involves a reduction during any fiscal year in the

number of full-time equivalent employees with permanent duty

stations at such office or facility -

(1) by 15 percent or more; or

(2) by a percent which, when added to the percent reduction

made in the number of such employees with permanent duty stations

at such office or facility during the preceding fiscal year, is

25 percent or more.

(d)(1) Not less than 30 days before the date on which the

implementation of any administrative reorganization described in

paragraph (2) of a unit in the Central Office is to begin, the

Secretary shall transmit to the Committees on Veterans' Affairs of

the Senate and the House of Representatives a notification

regarding the reorganization.

(2) Paragraph (1) applies to an administrative reorganization of

any unit of the Central Office that is the duty station for 30 or

more employees if the reorganization involves a reduction in any

fiscal year in the number of full-time equivalent employees with

permanent duty station in such unit by 50 percent or more.

(e) For purposes of this section, the term "administrative

reorganization" does not include a consolidation or redistribution

of functions at a covered field office or facility, or between

components of the Veterans Benefits Administration and the Veterans

Health Administration at a Department medical and regional office

center, if after the consolidation or redistribution the same

number of full-time equivalent employees continues to perform the

affected functions at that field office, facility, or center.

(f) For purposes of this section:

(1) The term "covered field office or facility" means a

Department office or facility outside the Central Office that is

the permanent duty station for 25 or more employees or that is a

free-standing outpatient clinic.

(2) The term "detailed plan and justification" means, with

respect to an administrative reorganization, a written report

that, at a minimum, includes the following:

(A) Specification of the number of employees by which each

covered office or facility affected is to be reduced, the

responsibilities of those employees, and the means by which the

reduction is to be accomplished.

(B) Identification of any existing or planned office or

facility at which the number of employees is to be increased

and specification of the number and responsibilities of the

additional employees at each such office or facility.

(C) A description of the changes in the functions carried out

at any existing office or facility and the functions to be

assigned to an office or facility not in existence on the date

that the plan and justification are submitted pursuant to

subsection (b).

(D) An explanation of the reasons for the determination that

the reorganization is appropriate and advisable in terms of the

statutory missions and long-term goals of the Department.

(E) A description of the effects that the reorganization may

have on the provision of benefits and services to veterans and

dependents of veterans (including the provision of benefits and

services through offices and facilities of the Department not

directly affected by the reorganization).

(F) Estimates of the costs of the reorganization and of the

cost impact of the reorganization, together with analyses

supporting those estimates.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 387;

amended Pub. L. 104-262, title III, Sec. 304, Oct. 9, 1996, 110

Stat. 3194.)

-MISC1-

PRIOR PROVISIONS

Prior section 510, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1135,

provided monthly pension for persons who served in military or

naval forces of Confederate States of America, prior to repeal by

Pub. L. 94-169, title I, Sec. 101(2)(F), Dec. 23, 1975, 89 Stat.

1014, effective Jan. 1, 1976.

Provisions similar to those in this section were contained in

section 210(b)(1), (2) of this title prior to repeal by Pub. L.

102-83, Sec. 2(a).

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-262 substituted "a 45-day period

following the date of the submission of the report, not less than

30 days of which shall be days during which Congress shall have

been in continuous session" for "a 90-day period of continuous

session of Congress following the date of the submission of the

report" in second sentence and "any period of continuity of

session" for "such 90-day period" in third sentence.

AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO CARRY OUT SPECIFIED

ADMINISTRATIVE REORGANIZATION

Pub. L. 102-54, Sec. 12, June 13, 1991, 105 Stat. 273, provided

that:

"(a) Authority for Administrative Reorganization. - The Secretary

of Veterans Affairs may carry out the administrative reorganization

described in subsection (b) without regard to section 210(b)(2) of

title 38 [38 U.S.C. 510(b)-(f)], United States Code.

"(b) Specified Reorganization. - Subsection (a) applies to the

organizational realignment of management responsibility for the

Department of Veterans Affairs Data Processing Centers, together

with the corresponding organizational realignment of associated

Information Resources Management operational components and

functions within the Department of Veterans Affairs central office,

as such realignment was described in the detailed plan and

justification submitted by the Secretary of Veterans Affairs in

[sic] January 4, 1991, letters to the Chairmen of the Committees on

Veterans' Affairs of the Senate and the House of Representatives."

INAPPLICABILITY OF RESTRICTIONS

Pub. L. 101-312, June 25, 1990, 104 Stat. 271, provided: "That

(a) the Secretary of Veterans Affairs may proceed with the

administrative reorganization described in subsection (b) of this

Act without regard to section 210(b) [see 303, 510, 711] of title

38, United States Code.

"(b) The administrative reorganization referred to in subsection

(a) is the reorganization of the regional field offices of the

Veterans Health Services and Research Administration of the

Department of Veterans Affairs as that reorganization and related

activity are described in (1) letters dated January 22, 1990, and

the detailed plan and justification enclosed therewith, submitted

by the Secretary to the Committees on Veterans' Affairs of the

Senate and the House of Representatives pursuant to such section

210(b) [see 303, 510, 711], and (2) letters dated April 17, 1990,

submitted in supplementation thereof by the Secretary to such

Committees."

Section 15(b) of Pub. L. 100-527 provided that: "Section 210(b)

[see 303, 510, 711] of title 38, United States Code (as amended by

subsection (a)), shall not apply to a reorganization of a unit of

the Central Office of the Department of Veterans' Affairs if the

reorganization -

"(1) is necessary in order to carry out the provisions of or

amendments made by this Act [see Tables for classification]; and

"(2) is initiated within 6 months after the effective date of

this Act [Mar. 15, 1989]."

-End-

-CITE-

38 USC Sec. 511 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER I - GENERAL AUTHORITIES

-HEAD-

Sec. 511. Decisions of the Secretary; finality

-STATUTE-

(a) The Secretary shall decide all questions of law and fact

necessary to a decision by the Secretary under a law that affects

the provision of benefits by the Secretary to veterans or the

dependents or survivors of veterans. Subject to subsection (b), the

decision of the Secretary as to any such question shall be final

and conclusive and may not be reviewed by any other official or by

any court, whether by an action in the nature of mandamus or

otherwise.

(b) The second sentence of subsection (a) does not apply to -

(1) matters subject to section 502 of this title;

(2) matters covered by sections 1975 and 1984 of this title;

(3) matters arising under chapter 37 of this title; and

(4) matters covered by chapter 72 of this title.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 388.)

-MISC1-

PRIOR PROVISIONS

Prior section 511 was renumbered section 1511 of this title.

Provisions similar to those in this section were contained in

section 211(a) of this title prior to repeal by Pub. L. 102-83,

Sec. 2(a).

-CROSS-

FEDERAL RULES OF CIVIL PROCEDURE

Writ of mandamus abolished in United States district courts, but

relief available by appropriate action or motion, see rule 81,

Title 28, Appendix, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5104, 7104 of this title.

-End-

-CITE-

38 USC Sec. 512 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER I - GENERAL AUTHORITIES

-HEAD-

Sec. 512. Delegation of authority; assignment of functions and

duties

-STATUTE-

(a) Except as otherwise provided by law, the Secretary may assign

functions and duties, and delegate, or authorize successive

redelegation of, authority to act and to render decisions, with

respect to all laws administered by the Department, to such

officers and employees as the Secretary may find necessary. Within

the limitations of such delegations, redelegations, or assignments,

all official acts and decisions of such officers and employees

shall have the same force and effect as though performed or

rendered by the Secretary.

(b) There shall be included on the technical and administrative

staff of the Secretary such staff officers, experts, inspectors,

and assistants (including legal assistants) as the Secretary may

prescribe.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 389.)

-MISC1-

PRIOR PROVISIONS

Prior section 512 was renumbered section 1512 of this title.

Provisions similar to those in this section were contained in

section 212 of this title prior to repeal by Pub. L. 102-83, Sec.

2(a).

-End-

-CITE-

38 USC Sec. 513 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER I - GENERAL AUTHORITIES

-HEAD-

Sec. 513. Contracts and personal services

-STATUTE-

The Secretary may, for purposes of all laws administered by the

Department, accept uncompensated services, and enter into contracts

or agreements with private or public agencies or persons (including

contracts for services of translators without regard to any other

law), for such necessary services (including personal services) as

the Secretary may consider practicable. The Secretary may also

enter into contracts or agreements with private concerns or public

agencies for the hiring of passenger motor vehicles or aircraft for

official travel whenever, in the Secretary's judgment, such

arrangements are in the interest of efficiency or economy.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 389.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 213 of this title prior to repeal by Pub. L. 102-83, Sec.

2(a).

-End-

-CITE-

38 USC Sec. 515 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER I - GENERAL AUTHORITIES

-HEAD-

Sec. 515. Administrative settlement of tort claims

-STATUTE-

(a)(1) Notwithstanding the limitations contained in section 2672

of title 28, the Secretary may settle a claim for money damages

against the United States cognizable under section 1346(b) or 2672

of title 28 or section 7316 of this title to the extent the

authority to do so is delegated to the Secretary by the Attorney

General. Such delegation may not exceed the authority delegated by

the Attorney General to United States attorneys to settle claims

for money damages against the United States.

(2) For purposes of this subsection, the term "settle", with

respect to a claim, means consider, ascertain, adjust, determine,

and dispose of the claim, whether by full or partial allowance or

by disallowance.

(b) The Secretary may pay tort claims, in the manner authorized

in the first paragraph of section 2672 of title 28, when such

claims arise in foreign countries in connection with Department

operations abroad. A claim may not be allowed under this subsection

unless it is presented in writing to the Secretary within two years

after the claim accrues.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 389.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 224 and 236 of this title prior to repeal by Pub. L.

102-83, Sec. 2(a).

-End-

-CITE-

38 USC Sec. 516 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER I - GENERAL AUTHORITIES

-HEAD-

Sec. 516. Equal employment responsibilities

-STATUTE-

(a) The Secretary shall provide that the employment

discrimination complaint resolution system within the Department be

established and administered so as to encourage timely and fair

resolution of concerns and complaints. The Secretary shall take

steps to ensure that the system is administered in an objective,

fair, and effective manner and in a manner that is perceived by

employees and other interested parties as being objective, fair,

and effective.

(b) The Secretary shall provide -

(1) that employees responsible for counseling functions

associated with employment discrimination and for receiving,

investigating, and processing complaints of employment

discrimination shall be supervised in those functions by, and

report to, an Assistant Secretary or a Deputy Assistant Secretary

for complaint resolution management; and

(2) that employees performing employment discrimination

complaint resolution functions at a facility of the Department

shall not be subject to the authority, direction, and control of

the Director of the facility with respect to those functions.

(c) The Secretary shall ensure that all employees of the

Department receive adequate education and training for the purposes

of this section and section 319 of this title.

(d) The Secretary shall, when appropriate, impose disciplinary

measures, as authorized by law, in the case of employees of the

Department who engage in unlawful employment discrimination,

including retaliation against an employee asserting rights under an

equal employment opportunity law.

(e)(1)(A) Not later than 30 days after the end of each calendar

quarter, the Assistant Secretary for Human Resources and

Administration shall submit to the Committees on Veterans' Affairs

of the Senate and House of Representatives a report summarizing the

employment discrimination complaints filed against the individuals

referred to in paragraph (2) during such quarter.

(B) Subparagraph (A) shall apply in the case of complaints filed

against individuals on the basis of such individuals' personal

conduct and shall not apply in the case of complaints filed solely

on the basis of such individuals' positions as officials of the

Department.

(2) Paragraph (1) applies to the following officers and employees

of the Department:

(A) The Secretary.

(B) The Deputy Secretary of Veterans Affairs.

(C) The Under Secretary for Health and the Under Secretary for

Benefits.

(D) Each Assistant Secretary of Veterans Affairs and each

Deputy Assistant Secretary of Veterans Affairs.

(E) The Under Secretary of Veterans Affairs for Memorial

Affairs.

(F) The General Counsel of the Department.

(G) The Chairman of the Board of Veterans' Appeals.

(H) The Chairman of the Board of Contract Appeals of the

Department.

(I) The director and the chief of staff of each medical center

of the Department.

(J) The director of each Veterans Integrated Services Network.

(K) The director of each regional office of the Department.

(L) Each program director of the Central Office of the

Department.

(3) Each report under this subsection -

(A) may not disclose information which identifies the

individuals filing, or the individuals who are the subject of,

the complaints concerned or the facilities at which the

discrimination identified in such complaints is alleged to have

occurred;

(B) shall summarize such complaints by type and by equal

employment opportunity field office area in which filed; and

(C) shall include copies of such complaints, with the

information described in subparagraph (A) redacted.

(4) Not later than April 1 each year, the Assistant Secretary

shall submit to the committees referred to in paragraph (1)(A) a

report on the complaints covered by paragraph (1) during the

preceding year, including the number of such complaints filed

during that year and the status and resolution of the investigation

of such complaints.

(f) The Secretary shall ensure that an employee of the Department

who seeks counseling relating to employment discrimination may

elect to receive such counseling from an employee of the Department

who carries out equal employment opportunity counseling functions

on a full-time basis rather than from an employee of the Department

who carries out such functions on a part-time basis.

(g) The number of employees of the Department whose duties

include equal employment opportunity counseling functions as well

as other, unrelated functions may not exceed 40 full-time

equivalent employees. Any such employee may be assigned equal

employment opportunity counseling functions only at Department

facilities in remote geographic locations (as determined by the

Secretary). The Secretary may waive the limitation in the preceding

sentence in specific cases.

(h) The provisions of this section shall be implemented in a

manner consistent with procedures applicable under regulations

prescribed by the Equal Employment Opportunity Commission.

-SOURCE-

(Added Pub. L. 105-114, title I, Sec. 101(a)(1), Nov. 21, 1997, 111

Stat. 2278; amended Pub. L. 105-368, title IV, Sec. 403(d)(2), Nov.

11, 1998, 112 Stat. 3339.)

-MISC1-

AMENDMENTS

1998 - Subsec. (e)(2)(E). Pub. L. 105-368 substituted "Under

Secretary of Veterans Affairs for Memorial Affairs" for "Director

of the National Cemetery System".

EFFECTIVE DATE

Section 101(c) of Pub. L. 105-114 provided that: "Section 516 of

title 38, United States Code, as added by subsection (a), shall

take effect 90 days after the date of enactment of this Act [Nov.

21, 1997]. Subsection (e) of that section shall take effect with

respect to the first quarter of calendar year 1998."

REPORTS ON IMPLEMENTATION AND OPERATION OF EQUAL EMPLOYMENT

OPPORTUNITY SYSTEM

Section 101(b) of Pub. L. 105-114 provided that:

"(1) The Secretary of Veterans Affairs shall submit to Congress

reports on the implementation and operation of the equal employment

opportunity system within the Department of Veterans Affairs. The

first such report shall be submitted not later than April 1, 1998,

and subsequent reports shall be submitted not later than January 1,

1999, and January 1, 2000.

"(2) The first report under paragraph (1) shall set forth the

actions taken by the Secretary to implement section 516 of title

38, United States Code, as added by subsection (a), and other

actions taken by the Secretary in relation to the equal employment

opportunity system within the Department of Veterans Affairs.

"(3) The subsequent reports under paragraph (1) shall set forth,

for each equal employment opportunity field office of the

Department and for the Department as a whole, the following:

"(A) Any information to supplement the information submitted in

the report under paragraph (2) that the Secretary considers

appropriate.

"(B) The number of requests for counseling relating to

employment discrimination received during the one-year period

ending on the date of the report concerned.

"(C) The number of employment discrimination complaints

received during such period.

"(D) The status of each complaint described in subparagraph

(C), including whether or not the complaint was resolved and, if

resolved, whether the employee concerned sought review of the

resolution by the Equal Employment Opportunity Commission or by

Federal court.

"(E) The number of employment discrimination complaints that

were settled during such period, including -

"(i) the type of such complaints; and

"(ii) the terms of settlement (including any settlement

amount) of each such complaint."

ASSESSMENT AND REVIEW OF EMPLOYMENT DISCRIMINATION COMPLAINT

RESOLUTION SYSTEM

Section 103 of Pub. L. 105-114 provided that:

"(a) Agreement for Assessment and Review. - (1) The Secretary of

Veterans Affairs shall seek to enter into an agreement with a

qualified private entity under which agreement the entity shall

carry out the assessment described in subsection (b) and the review

described in subsection (c).

"(2) The Secretary shall include in the agreement provisions

necessary to ensure that the entity carries out its

responsibilities under the agreement (including the exercise of its

judgments concerning the assessment and review) in a manner free of

influence from any source, including the officials and employees of

the Department of Veterans Affairs.

"(3) The Secretary may not enter into the agreement until 15 days

after the date on which the Secretary notifies the Committees on

Veterans' Affairs of the Senate and House of Representatives of the

entity with which the Secretary proposes to enter into the

agreement.

"(b) Initial Assessment of System. - (1) Under the agreement

under subsection (a), the entity shall conduct an assessment of the

employment discrimination complaint resolution system administered

within the Department of Veterans Affairs, including the extent to

which the system meets the objectives set forth in section 516(a)

of title 38, United States Code, as added by section 101. The

assessment shall include a comprehensive description of the system

as of the time of the assessment.

"(2) Under the agreement, the entity shall submit the assessment

to the committees referred to in subsection (a)(3) and to the

Secretary not later than June 1, 1998.

"(c) Review of Administration of System. - (1) Under the

agreement under subsection (a), the entity shall monitor and review

the administration by the Secretary of the employment

discrimination complaint resolution system administered within the

Department.

"(2) Under the agreement, the entity shall submit to the

committees referred to in subsection (a)(3) and to the Secretary a

report on the results of the review under paragraph (1) not later

than June 1, 1999. The report shall include an assessment of the

administration of the system, including the extent to which the

system meets the objectives referred to in subsection (b)(1), and

the effectiveness of the following:

"(A) Programs to train and maintain a cadre of individuals who

are competent to investigate claims relating to employment

discrimination.

"(B) Programs to train and maintain a cadre of individuals who

are competent to provide counseling to individuals who submit

such claims.

"(C) Programs to provide education and training to Department

employees regarding their rights and obligations under the equal

employment opportunity laws.

"(D) Programs to oversee the administration of the system.

"(E) Programs to evaluate the effectiveness of the system in

meeting its objectives.

"(F) Other programs, procedures, or activities of the

Department relating to the equal employment opportunity laws,

including any alternative dispute resolution procedures and

informal dispute resolution and settlement procedures.

"(G) Any disciplinary measures imposed by the Secretary on

employees determined to have violated the equal employment

opportunity laws in preventing or deterring violations of such

laws by other employees of the Department."

-End-

-CITE-

38 USC SUBCHAPTER II - SPECIFIED FUNCTIONS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER II - SPECIFIED FUNCTIONS

-HEAD-

SUBCHAPTER II - SPECIFIED FUNCTIONS

-End-

-CITE-

38 USC Sec. 521 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER II - SPECIFIED FUNCTIONS

-HEAD-

Sec. 521. Assistance to certain rehabilitation activities

-STATUTE-

(a) The Secretary may assist any organization named in or

approved under section 5902 of this title in providing recreational

activities which would further the rehabilitation of disabled

veterans. Such assistance may be provided only if -

(1) the activities are available to disabled veterans on a

national basis; and

(2) a significant percentage of the individuals participating

in the activities are eligible for rehabilitative services under

chapter 17 of this title.

(b) The Secretary may accept from any appropriate source

contributions of funds and of other assistance to support the

Secretary's provision of assistance for such activities.

(c)(1) Subject to paragraph (2), the Secretary may authorize the

use, for purposes approved by the Secretary in connection with the

activity involved, of the seal and other official symbols of the

Department and the name "Department of Veterans Affairs" by -

(A) any organization which provides an activity described in

subsection (a) with assistance from the Secretary; and

(B) any individual or entity from which the Secretary accepts a

significant contribution under subsection (b) or an offer of such

a contribution.

(2) The use of such seal or name of any official symbol of the

Department in an advertisement may be authorized by the Secretary

under this subsection only if -

(A) the Secretary has approved the advertisement; and

(B) the advertisement contains a clear statement that no

product, project, or commercial line of endeavor referred to in

the advertisement is endorsed by the Department of Veterans

Affairs.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 390.)

-MISC1-

PRIOR PROVISIONS

Prior section 521 was renumbered section 1521 of this title.

Provisions similar to those in this section were contained in

section 216 of this title prior to repeal by Pub. L. 102-83, Sec.

2(a).

-End-

-CITE-

38 USC Sec. 522 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER II - SPECIFIED FUNCTIONS

-HEAD-

Sec. 522. Studies of rehabilitation of disabled persons

-STATUTE-

(a) The Secretary may conduct studies and investigations, and

prepare reports, relative to the rehabilitation of disabled

persons, the relative abilities, aptitudes, and capacities of the

several groups of the variously handicapped, and how their

potentialities can best be developed and their services best used

in gainful and suitable employment including the rehabilitation

programs of foreign nations.

(b) In carrying out this section, the Secretary (1) may cooperate

with such public and private agencies as the Secretary considers

advisable; and (2) may employ consultants who shall receive a

reasonable per diem, as prescribed by the Secretary, for each day

actually employed, plus necessary travel and other expenses.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 390.)

-MISC1-

PRIOR PROVISIONS

Prior section 522 was renumbered section 1522 of this title.

Provisions similar to those in this section were contained in

section 217 of this title prior to repeal by Pub. L. 102-83, Sec.

2(a).

-End-

-CITE-

38 USC Sec. 523 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER II - SPECIFIED FUNCTIONS

-HEAD-

Sec. 523. Coordination and promotion of other programs affecting

veterans and their dependents

-STATUTE-

(a) The Secretary shall seek to achieve (1) the maximum feasible

effectiveness, coordination, and interrelationship of services

among all programs and activities affecting veterans and their

dependents carried out by and under all other departments,

agencies, and instrumentalities of the executive branch, and (2)

the maximum feasible coordination of such programs with programs

carried out under this title. The Secretary shall actively promote

the effective implementation, enforcement, and application of all

provisions of law and regulations providing for special

consideration, emphasis, or preference for veterans.

(b) The Secretary shall seek to achieve the effective

coordination of the provision, under laws administered by the

Department, of benefits and services (and information about such

benefits and services) with appropriate programs (and information

about such programs) conducted by State and local governmental

agencies and by private entities at the State and local level. In

carrying out this subsection, the Secretary shall place special

emphasis on veterans who are 65 years of age or older.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 390.)

-MISC1-

PRIOR PROVISIONS

Prior sections 523 and 524 were renumbered sections 1523 and 1524

of this title, respectively.

Provisions similar to those in this section were contained in

section 220 of this title prior to repeal by Pub. L. 102-83, Sec.

2(a).

-End-

-CITE-

38 USC Sec. 525 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER II - SPECIFIED FUNCTIONS

-HEAD-

Sec. 525. Publication of laws relating to veterans

-STATUTE-

(a) The Secretary may compile and publish all Federal laws

relating to veterans' relief, including laws administered by the

Department as well as by other agencies of the Government. Such

compilation and publication shall be in such form as the Secretary

considers advisable for the purpose of making currently available

in convenient form for the use of the Department and full-time

representatives of the several service organizations an annotated,

indexed, and cross-referenced statement of the laws providing

veterans' relief.

(b) The Secretary may maintain such compilation on a current

basis either by the publication, from time to time, of

supplementary documents or by complete revision of the compilation.

(c) The distribution of the compilation to the representatives of

the several service organizations shall be as determined by the

Secretary.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 391.)

-MISC1-

PRIOR PROVISIONS

Prior section 525 was renumbered section 1525 of this title.

Provisions similar to those in this section were contained in

section 215 of this title prior to repeal by Pub. L. 102-83, Sec.

2(a).

-End-

-CITE-

38 USC Sec. 527 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER II - SPECIFIED FUNCTIONS

-HEAD-

Sec. 527. Evaluation and data collection

-STATUTE-

(a) The Secretary, pursuant to general standards which the

Secretary shall prescribe in regulations, shall measure and

evaluate on a continuing basis the effect of all programs

authorized under this title, in order to determine their

effectiveness in achieving stated goals in general, and in

achieving such goals in relation to their cost, their effect on

related programs, and their structure and mechanisms for delivery

of services. Such information as the Secretary may consider

necessary for purposes of such evaluations shall be made available

to the Secretary, upon request, by all departments, agencies, and

instrumentalities of the executive branch.

(b) In carrying out this section, the Secretary shall collect,

collate, and analyze on a continuing basis full statistical data

regarding participation (including the duration thereof), provision

of services, categories of beneficiaries, planning and construction

of facilities, acquisition of real property, proposed excessing of

land, accretion and attrition of personnel, and categorized

expenditures attributable thereto, under all programs carried out

under this title.

(c) The Secretary shall make available to the public, and on a

regular basis provide to the appropriate committees of the

Congress, copies of all completed evaluative research studies and

summaries of evaluations of program impact and effectiveness

carried out, and tabulations and analyses of all data collected,

under this section.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 391.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 219 of this title prior to repeal by Pub. L. 102-83, Sec.

2(a).

PERSIAN GULF WAR VETERANS' HEALTH STATUS

Pub. L. 102-585, title VII, Nov. 4, 1992, 106 Stat. 4975, as

amended by Pub. L. 103-446, title I, Sec. 108, Nov. 2, 1994, 108

Stat. 4653; Pub. L. 105-368, title I, Secs. 104, 106, Nov. 11,

1998, 112 Stat. 3323, 3325, provided that:

"SEC. 701. SHORT TITLE.

"This title may be cited as the 'Persian Gulf War Veterans'

Health Status Act'.

"SEC. 702. PERSIAN GULF WAR VETERANS HEALTH REGISTRY.

"(a) Establishment of Registry. - The Secretary of Veterans

Affairs shall establish and maintain a special record to be known

as the 'Persian Gulf War Veterans Health Registry' (in this section

referred to as the 'Registry').

"(b) Contents of Registry. - Except as provided in subsection

(c), the Registry shall include the following information:

"(1) A list containing the name of each individual who served

as a member of the Armed Forces in the Persian Gulf theater of

operations during the Persian Gulf War and who -

"(A) applies for care or services from the Department of

Veterans Affairs under chapter 17 of title 38, United States

Code;

"(B) files a claim for compensation under chapter 11 of such

title on the basis of any disability which may be associated

with such service;

"(C) dies and is survived by a spouse, child, or parent who

files a claim for dependency and indemnity compensation under

chapter 13 of such title on the basis of such service;

"(D) requests from the Department a health examination under

section 703; or

"(E) receives from the Department of Defense a health

examination similar to the health examination referred to in

subparagraph (D) and requests inclusion in the Registry.

"(2) Relevant medical data relating to the health status of,

and other information that the Secretary considers relevant and

appropriate with respect to, each individual described in

paragraph (1) who -

"(A) grants to the Secretary permission to include such

information in the Registry; or

"(B) at the time the individual is listed in the Registry, is

deceased.

"(c) Individuals Submitting Claims or Making Requests Before Date

of Enactment. - If in the case of an individual described in

subsection (b)(1) the application, claim, or request referred to in

such subsection was submitted, filed, or made, before the date of

the enactment of this Act [Nov. 4, 1992], the Secretary shall, to

the extent feasible, include in the Registry such individual's name

and the data and information, if any, described in subsection

(b)(2) relating to the individual.

"(d) Department of Defense Information. - The Secretary of

Defense shall furnish to the Secretary of Veterans Affairs such

information maintained by the Department of Defense as the

Secretary of Veterans Affairs considers necessary to establish and

maintain the Registry.

"(e) Relation to Department of Defense Registry. - The Secretary

of Veterans Affairs, in consultation with the Secretary of Defense,

shall ensure that information is collected and maintained in the

Registry in a manner that permits effective and efficient

cross-reference between the Registry and the registry established

under section 734 of the National Defense Authorization Act for

Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1411; 10

U.S.C. 1074 note), as amended by section 704.

"(f) Ongoing Outreach to Individuals Listed in Registry. - The

Secretary of Veterans Affairs shall, from time to time, notify

individuals listed in the Registry of significant developments in

research on the health consequences of military service in the

Persian Gulf theater of operations during the Persian Gulf War.

"SEC. 703. HEALTH EXAMINATIONS AND COUNSELING FOR VETERANS

ELIGIBLE FOR INCLUSION IN CERTAIN HEALTH-RELATED REGISTRIES.

"(a) In General. - (1) The Secretary of Veterans Affairs -

"(A) shall, upon the request of a veteran described in

subsection (b)(1), provide the veteran with a health examination

(including any appropriate diagnostic tests) and consultation and

counseling with respect to the results of the examination and the

tests; and

"(B) may, upon the request of a veteran described in subsection

(b)(2), provide the veteran with such an examination (including

diagnostic tests) and such consultation and counseling.

"(2) The Secretary shall carry out appropriate outreach

activities with respect to the provision of any health examinations

(including any diagnostic tests) and consultation and counseling

services under paragraph (1).

"(b) Covered Veterans. - (1) In accordance with subsection

(a)(1)(A), the Secretary shall provide an examination (including

diagnostic tests), consultation, and counseling under that

subsection to any veteran who is eligible for listing or inclusion

in the Persian Gulf War Veterans Health Registry established by

section 702.

"(2) In accordance with subsection (a)(1)(B), the Secretary may

provide an examination (including diagnostic tests), consultation,

and counseling under that subsection to any veteran who is eligible

for listing or inclusion in any other similar health-related

registry administered by the Secretary.

"SEC. 704. EXPANSION OF COVERAGE OF PERSIAN GULF REGISTRY.

"[Amended section 734 of Pub. L. 102-190, set out as a note under

section 1074 of Title 10, Armed Forces.]

"SEC. 705. STUDY BY OFFICE OF TECHNOLOGY ASSESSMENT OF PERSIAN

GULF REGISTRY AND PERSIAN GULF WAR VETERANS HEALTH REGISTRY.

"(a) Study. - The Director of the Office of Technology Assessment

shall, in a manner consistent with the Technology Assessment Act of

1972 (2 U.S.C. 472(d) [2 U.S.C. 471 et seq.]), assess -

"(1) the potential utility of each of the Persian Gulf Registry

and the Persian Gulf War Veterans Health Registry for scientific

study and assessment of the intermediate and long-term health

consequences of military service in the Persian Gulf theater of

operations during the Persian Gulf War;

"(2) the extent to which each registry meets the requirements

of the provisions of law under which the registry is established;

"(3) the extent to which data contained in each registry -

"(A) are maintained in a manner that ensures permanent

preservation and facilitates the effective, efficient retrieval

of information that is potentially relevant to the scientific

study of the intermediate and long-term health consequences of

military service in the Persian Gulf theater of operations

during the Persian Gulf War; and

"(B) would be useful for scientific study regarding such

health consequences;

"(4) the adequacy of any plans to update each of the

registries;

"(5) the extent to which the Department of Defense or the

Department of Veterans Affairs, as the case may be, is assembling

and maintaining information on the Persian Gulf theater of

operations (including information on troop locations and

atmospheric and weather conditions) in a manner that facilitates

the usefulness of, maintenance of, and retrieval of information

from, the applicable registry; and

"(6) the adequacy and compatibility of protocols for the health

examinations and counseling provided under section 703 and health

examinations provided by the Department of Defense to members of

the Armed Forces for the purpose of assessing the health status

of members of the Armed Forces who served in the Persian Gulf

theater of operations during the Persian Gulf War.

"(b) Access to Information. - The Secretary of Veterans Affairs

and the Secretary of Defense shall provide the Director with access

to such records and information under the jurisdiction of each such

secretary as the Director determines necessary to permit the

Director to carry out the study required under this section.

"(c) Reports. - The Director shall -

"(1) not later than 270 days after the date of the enactment of

this Act [Nov. 4, 1992], submit to Congress a report on the

results of the assessment carried out under this section of the

Persian Gulf Registry and health-examination protocols; and

"(2) not later than 15 months after such date, submit to

Congress a report on the results of the assessment carried out

under this section of the Persian Gulf War Veterans Health

Registry.

"(d) Definitions. - For the purposes of this section:

"(1) The term 'Persian Gulf Registry' means the registry

established under section 734 of the National Defense

Authorization Act for Fiscal Years 1992 and 1993 (Public Law

102-190; 105 Stat. 1411; 10 U.S.C. 1074 note), as amended by

section 704.

"(2) The term 'Persian Gulf War Veterans Health Registry' means

the Persian Gulf War Veterans Health Registry established under

section 702.

"SEC. 706. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES FOR REVIEW

OF HEALTH CONSEQUENCES OF SERVICE DURING THE PERSIAN GULF WAR.

"(a) Agreement. - (1) The Secretary of Veterans Affairs and

Secretary of Defense jointly shall seek to enter into an agreement

with the National Academy of Sciences for the Medical Follow-Up

Agency (MFUA) of the Institute of Medicine of the Academy to review

existing scientific, medical, and other information on the health

consequences of military service in the Persian Gulf theater of

operations during the Persian Gulf War.

"(2) The agreement shall require MFUA to provide members of

veterans organizations and members of the scientific community

(including the Director of the Office of Technology Assessment)

with the opportunity to comment on the method or methods MFUA

proposes to use in conducting the review.

"(3) The agreement shall permit MFUA, in conducting the review,

to examine and evaluate medical records of individuals who are

included in the registries referred to in section 705(d) for

purposes that MFUA considers appropriate, including the purpose of

identifying illnesses of those individuals.

"(4) The Secretary of Veterans Affairs and the Secretary of

Defense shall seek to enter into the agreement under this section

not later than 180 days after the date of the enactment of this Act

[Nov. 4, 1992].

"(b) Report. - (1) The agreement under this section shall require

the National Academy of Sciences to submit to the committees and

secretaries referred to in paragraph (2) a report on the results of

the review carried out under the agreement. Such report shall

contain the following:

"(A) An assessment of the effectiveness of actions taken by the

Secretary of Veterans Affairs and the Secretary of Defense to

collect and maintain information that is potentially useful for

assessing the health consequences of the military service

referred to in subsection (a).

"(B) Recommendations on means of improving the collection and

maintenance of such information.

"(C) Recommendations on whether there is sound scientific basis

for an epidemiological study or studies on the health

consequences of such service, and if the recommendation is that

there is sound scientific basis for such a study or studies, the

nature of the study or studies.

"(2) The committees and secretaries referred to in paragraph (1)

are the following:

"(A) The Committees on Veterans' Affairs of the Senate and

House of Representatives.

"(B) The Committees on Armed Services of the Senate and House

of Representatives.

"(C) The Secretary of Veterans Affairs.

"(D) The Secretary of Defense.

"(c) Funding. - (1) The Secretary of Veterans Affairs and the

Secretary of Defense shall make available up to a total of $500,000

in fiscal year 1993, from funds available to the Department of

Veterans Affairs and the Department of Defense in that fiscal year,

to carry out the review. Any amounts provided by the two

departments shall be provided in equal amounts.

"(2) If the Secretary of Veterans Affairs and the Secretary of

Defense enter into an agreement under subsection (a) with the

National Academy of Sciences -

"(A) the Secretary of Veterans Affairs shall make available

$250,000 in each of fiscal years 1994 through 2003, from amounts

available to the Department of Veterans Affairs in each such

fiscal year, to the National Academy of Sciences for the general

purposes of conducting epidemiological research with respect to

military and veterans populations; and

"(B) the Secretary of Defense shall make available $250,000 in

each of fiscal years 1994 through 2003, from amounts available to

the Department of Defense in each such fiscal year, to the

National Academy of Sciences for the purposes of carrying out the

research referred to in subparagraph (A).

"(d) Research Review and Development of Medical Education

Curriculum. - (1) In order to further understand the health

consequences of military service in the Persian Gulf theater of

operations during the Persian Gulf War and of new research findings

with implications for improving the provision of care for veterans

of such service, the Secretary of Veterans Affairs and the

Secretary of Defense shall seek to enter into an agreement with the

National Academy of Sciences under which the Institute of Medicine

of the Academy would -

"(A) develop a curriculum pertaining to the care and treatment

of veterans of such service who have ill-defined or undiagnosed

illnesses for use in the continuing medical education of both

general and specialty physicians who provide care for such

veterans; and

"(B) on an ongoing basis, periodically review and provide

recommendations regarding the research plans and research

strategies of the Departments relating to the health consequences

of military service in the Persian Gulf theater of operations

during the Persian Gulf War.

"(2) Recommendations to be provided under paragraph (1)(B)

include any recommendations that the Academy considers appropriate

for additional scientific studies (including studies related to

treatment models) to resolve areas of continuing scientific

uncertainty relating to the health consequences of any aspects of

such military service. In making recommendations for additional

studies, the Academy shall consider the available scientific data,

the value and relevance of the information that could result from

such studies, and the cost and feasibility of carrying out such

studies.

"(3) Not later than 9 months after the Institute of Medicine

provides the Secretaries the curriculum developed under paragraph

(1)(A), the Secretaries shall provide for the conduct of continuing

education programs using that curriculum. Those programs shall

include instruction which seeks to emphasize use of appropriate

protocols of diagnosis, referral, and treatment of such veterans.

"SEC. 707. COORDINATION OF HEALTH-RELATED GOVERNMENT ACTIVITIES

ON THE PERSIAN GULF WAR.

"(a) Designation of Coordinating Organization. - The President

shall designate, and may redesignate from time to time, the head of

an appropriate department or agency of the Federal Government to

coordinate all activities undertaken or funded by the Executive

Branch of the Federal Government on the health consequences of

military service in the Persian Gulf theater of operations during

the Persian Gulf War.

"(b) Public Advisory Committee. - Not later than January 1, 1999,

the head of the department or agency designated under subsection

(a) shall establish an advisory committee consisting of members of

the general public, including Persian Gulf War veterans and

representatives of such veterans, to provide advice to the head of

that department or agency on proposed research studies, research

plans, or research strategies relating to the health consequences

of military service in the Southwest Asia theater of operations

during the Persian Gulf War. The department or agency head shall

consult with such advisory committee on a regular basis.

"(c) Reports. - (1) Not later than March 1 of each year, the head

of the department or agency designated under subsection (a) shall

submit to the Committees on Veterans' Affairs of the Senate and

House of Representatives a report on -

"(A) the status and results of all such research activities

undertaken by the executive branch during the previous year; and

"(B) research priorities identified during that year.

"(2)(A) Not later than 120 days after submission of the

epidemiological research study conducted by the Department of

Veterans Affairs entitled 'VA National Survey of Persian Gulf

Veterans - Phase III', the head of the department or agency

designated under subsection (a) shall submit to the congressional

committees specified in paragraph (1) a report on the findings

under that study and any other pertinent medical literature.

"(B) With respect to any findings of that study and any other

pertinent medical literature which identify scientific evidence of

a greater relative risk of illness or illnesses in family members

of veterans who served in the Persian Gulf War theater of

operations than in family members of veterans who did not so serve,

the head of the department or agency designated under subsection

(a) shall seek to ensure that appropriate research studies are

designed to follow up on such findings.

"(d) Public Availability of Research Findings. - The head of the

department or agency designated under subsection (a) shall ensure

that the findings of all research conducted by or for the executive

branch relating to the health consequences of military service in

the Persian Gulf theater of operations during the Persian Gulf War

(including information pertinent to improving provision of care for

veterans of such service) are made available to the public through

peer-reviewed medical journals, the World Wide Web, and other

appropriate media.

"(e) Outreach. - The head of the department or agency designated

under subsection (a) shall ensure that the appropriate departments

consult and coordinate in carrying out an ongoing program to

provide information to those who served in the Southwest Asia

theater of operations during the Persian Gulf War relating to: (1)

the health risks, if any, resulting from any risk factors

associated with such service; and (2) any services or benefits

available with respect to such health risks.

"SEC. 708. DEFINITION.

"For the purposes of this title, the term 'Persian Gulf War' has

the meaning given such term in section 101(33) of title 38, United

States Code."

SERVICES FOR HOMELESS VETERANS

Pub. L. 102-405, title I, Sec. 107, Oct. 9, 1992, 106 Stat. 1976,

as amended by Pub. L. 103-446, title X, Sec. 1002, Nov. 2, 1994,

108 Stat. 4679, required Secretary of Veterans' Affairs and

directors of each medical center or benefits office to assess needs

of homeless veterans and programs which have been developed to

assist homeless veterans, and to replicate programs which have

successfully rehabilitated homeless veterans, prior to repeal by

Pub. L. 105-114, title II, Sec. 202(c)(2), Nov. 21, 1997, 111 Stat.

2287.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5701 of this title.

-End-

-CITE-

38 USC Sec. 529 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER II - SPECIFIED FUNCTIONS

-HEAD-

Sec. 529. Annual report to Congress

-STATUTE-

The Secretary shall submit annually, at the close of each fiscal

year, a report in writing to Congress. Each such report shall -

(1) give an account of all moneys received and disbursed by the

Department for such fiscal year;

(2) describe the work done during such fiscal year; and

(3) state the activities of the Department for such fiscal

year.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 391.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 214 of this title prior to repeal by Pub. L. 102-83, Sec.

2(a).

Prior section 531, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137;

Pub. L. 90-77, title I, Sec. 105, Aug. 31, 1967, 81 Stat. 179,

provided for a monthly pension to widows of Mexican War veterans,

prior to repeal by Pub. L. 94-169, title I, Sec. 101(2)(F), Dec.

23, 1975, 89 Stat. 1014, effective Jan. 1, 1976.

Prior sections 532 to 537 were renumbered sections 1532 to 1537

of this title, respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 541, 542, 544, 545, 1718,

1754, 2066, 3121, 3733, 3736, 7101, 7726, 7734 of this title.

-End-

-CITE-

38 USC Sec. 530 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER II - SPECIFIED FUNCTIONS

-HEAD-

Sec. 530. Annual report on program and expenditures for domestic

response to weapons of mass destruction

-STATUTE-

(a) The Secretary shall submit to the Committees on Veterans'

Affairs of the Senate and House of Representatives an annual

report, to be submitted each year at the time that the President

submits the budget for the next fiscal year under section 1105 of

title 31, on the activities of the Department relating to

preparation for, and participation in, a domestic medical response

to an attack involving weapons of mass destruction.

(b) Each report under subsection (a) shall include the following:

(1) A statement of the amounts of funds and the level of

personnel resources (stated in terms of full-time equivalent

employees) expected to be used by the Department during the next

fiscal year in preparation for a domestic medical response to an

attack involving weapons of mass destruction, including the

anticipated source of those funds and any anticipated shortfalls

in funds or personnel resources to achieve the tasks assigned the

Department by the President in connection with preparation for

such a response.

(2) A detailed statement of the funds expended and personnel

resources (stated in terms of full-time equivalent employees)

used during the fiscal year preceding the fiscal year during

which the report is submitted in preparation for a domestic

medical response to an attack involving weapons of mass

destruction or in response to such an attack, including

identification of the source of those funds and a description of

how those funds were expended.

(3) A detailed statement of the funds expended and expected to

be expended, and the personnel resources (stated in terms of

full-time equivalent employees) used and expected to be used,

during the fiscal year during which the report is submitted in

preparation for a domestic medical response to an attack

involving weapons of mass destruction or in response to such an

attack, including identification of the source of funds expended

and a description of how those funds were expended.

(c) This section shall expire on January 1, 2009.

-SOURCE-

(Added Pub. L. 105-368, title IX, Sec. 906(a), Nov. 11, 1998, 112

Stat. 3361.)

-End-

-CITE-

38 USC Sec. 531 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER II - SPECIFIED FUNCTIONS

-HEAD-

Sec. 531. Requirement relating to naming of Department property

-STATUTE-

Except as expressly provided by law, a facility, structure, or

real property of the Department, and a major portion (such as a

wing or floor) of any such facility, structure, or real property,

may be named only for the geographic area in which the facility,

structure, or real property is located.

-SOURCE-

(Added Pub. L. 105-368, title X, Sec. 1001(a)(1), Nov. 11, 1998,

112 Stat. 3363.)

-MISC1-

EFFECTIVE DATE

Pub. L. 105-368, title X, Sec. 1001(b), Nov. 11, 1998, 112 Stat.

3363, provided that: "Section 531 of title 38, United States Code,

as added by subsection (a)(1), shall apply with respect to the

assignment or designation of the name of a facility, structure, or

real property of the Department of Veterans Affairs (or of a major

portion thereof) after the date of the enactment of this Act [Nov.

11, 1998]."

-End-

-CITE-

38 USC SUBCHAPTER III - ADVISORY COMMITTEES 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER III - ADVISORY COMMITTEES

-HEAD-

SUBCHAPTER III - ADVISORY COMMITTEES

-End-

-CITE-

38 USC Sec. 541 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER III - ADVISORY COMMITTEES

-HEAD-

Sec. 541. Advisory Committee on Former Prisoners of War

-STATUTE-

(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

2003, 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.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 392;

amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992,

106 Stat. 1984; Pub. L. 106-419, title IV, Sec. 403(c)(2), Nov. 1,

2000, 114 Stat. 1864.)

-MISC1-

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, Sec.

2(a).

AMENDMENTS

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".

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 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-End-

-CITE-

38 USC Sec. 542 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER III - ADVISORY COMMITTEES

-HEAD-

Sec. 542. Advisory Committee on Women Veterans

-STATUTE-

(a)(1) The Secretary shall establish an advisory 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 authorities in fields

pertinent to the needs of women veterans, including the

gender-specific health-care needs of women; and

(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 disability.

(B) The Committee shall include, as ex officio members -

(i) the Secretary of Labor (or a representative of the

Secretary of Labor designated by the Secretary after consultation

with the Assistant Secretary of Labor for Veterans' Employment);

(ii) the Secretary of Defense (or a representative 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 designees.

(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 Committee with respect to the administration

of benefits by the Department for women veterans, reports and

studies pertaining to women veterans and the needs of women

veterans with respect to compensation, health care, rehabilitation,

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 even-numbered year through

2004, the Committee shall submit to the Secretary a report on the

programs and activities of the Department 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

benefits and programs administered by the Department;

(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

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 pursuant to such section.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 393;

amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992,

106 Stat. 1984; Pub. L. 104-275, title V, Sec. 501(e)(1), Oct. 9,

1996, 110 Stat. 3341; Pub. L. 106-419, title IV, Sec. 403(c)(3),

Nov. 1, 2000, 114 Stat. 1864.)

-MISC1-

PRIOR PROVISIONS

Prior section 542 was renumbered section 1542 of this title.

Provisions similar to those in this section were contained in

section 222 of this title prior to repeal by Pub. L. 102-83, Sec.

2(a).

AMENDMENTS

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 Director" and "Under

Secretary for Benefits" for "Chief Benefits Director".

-CHANGE-

CHANGE OF NAME

Reference to Assistant Secretary of Labor for Veterans'

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 section 2(b)(3) of Pub. L. 99-619, set out as a

References in Other Laws note under section 553 of Title 29, Labor.

-MISC2-

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 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 318 of this title.

-End-

-CITE-

38 USC Sec. 543 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER III - ADVISORY COMMITTEES

-HEAD-

Sec. 543. Advisory Committee on Prosthetics and

Special-Disabilities Programs

-STATUTE-

(a) There is in the Department an advisory committee known as the

Advisory Committee on Prosthetics and Special-Disabilities Programs

(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 programs administered

by the Secretary;

(2) the coordination of programs of the Department for the

development and testing of, and for information exchange

regarding, prosthetic devices;

(3) the coordination of Department and non-Department programs

that involve the development and testing of prosthetic devices;

and

(4) the adequacy of funding for the prosthetics and

special-disabilities programs of the Department.

(c) The Secretary shall, on a regular basis, consult with and

seek the advice of the Committee on the matters described in

subsection (b).

(d) Not later than January 15 of 1993, 1994, and 1995, the

Committee shall submit to the Secretary and the Committees on

Veterans' Affairs of the Senate and House of Representatives a

report 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 committees commenting on the report

of the Committee.

(e) As used in this section, the term "special-disabilities

programs" includes all programs administered 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.

-SOURCE-

(Added Pub. L. 102-405, title I, Sec. 105(b)(1), Oct. 9, 1992, 106

Stat. 1975.)

-MISC1-

PRIOR PROVISIONS

Prior section 543 was renumbered section 1543 of this title.

-CHANGE-

CHANGE OF NAME

Section 105(a) of Pub. L. 102-405 provided that: "The Federal

advisory committee established by the Secretary and known as the

Prosthetics 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 Committee 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 subsection (b) of this section."

-MISC2-

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 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-End-

-CITE-

38 USC Sec. 544 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER III - ADVISORY COMMITTEES

-HEAD-

Sec. 544. Advisory Committee on Minority Veterans

-STATUTE-

(a)(1) The Secretary shall establish an advisory 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 minority group members;

(ii) individuals who are recognized authorities in fields

pertinent to the needs of veterans who are minority group

members;

(iii) veterans who are minority group members and who have

experience in a military theater of operations; and

(iv) veterans who are minority group members and who do not

have such experience.

(B) The Committee shall include, as ex officio members, the

following:

(i) The Secretary of Labor (or a representative of the

Secretary of Labor designated by the Secretary after consultation

with the Assistant Secretary of Labor for Veterans' Employment).

(ii) The Secretary of Defense (or a representative of the

Secretary of Defense designated by the Secretary of Defense).

(iii) The Secretary of the Interior (or a representative of the

Secretary of the Interior designated by the Secretary of the

Interior).

(iv) The Secretary of Commerce (or a representative of the

Secretary of Commerce designated 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 designees.

(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 Committee 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 Department, including the Center for Minority

Veterans.

(c)(1) Not later than July 1 of each year, the Committee shall

submit to the Secretary 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

administered by the Department;

(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

appropriate.

(2) The Secretary shall, within 60 days after receiving each

report under paragraph (1), submit 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 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 pursuant 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 Indian, Alaskan Native,

and Native Hawaiian); or

(5) Pacific-Islander American.

(e) The Committee shall cease to exist December 31, 2003.

-SOURCE-

(Added Pub. L. 103-446, title V, Sec. 510(a), Nov. 2, 1994, 108

Stat. 4668; amended Pub. L. 104-275, title V, Sec. 501(e)(2), (f),

Oct. 9, 1996, 110 Stat. 3341; Pub. L. 106-117, title VIII, Sec.

803, Nov. 30, 1999, 113 Stat. 1586.)

-MISC1-

PRIOR PROVISIONS

Prior section 544, added Pub. L. 90-77, title I, Sec. 108(a),

Aug. 31, 1967, 81 Stat. 180; amended Pub. L. 91-588, Sec. 3(a),

Dec. 24, 1970, 84 Stat. 1583; Pub. L. 93-527, Sec. 5, Dec. 21,

1974, 88 Stat. 1704; Pub. L. 94-169, title I, Sec. 105, Dec. 23,

1975, 89 Stat. 1017; Pub. L. 94-432, title II, Sec. 205, Sept. 30,

1976, 90 Stat. 1371; Pub. L. 95-204, title I, Sec. 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, Sec. 112(a)(1), title IV,

Sec. 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, Sec. 4, Aug. 29, 1950, 73 Stat. 434. See sections 1542 and

1543 of this title.

AMENDMENTS

1999 - Subsec. (e). Pub. L. 106-117 substituted "December 31,

2003" for "December 31, 1999".

1996 - Subsec. (b). Pub. L. 104-275, Sec. 501(e)(2), inserted ",

including the Center for Minority Veterans" before period at end.

Subsec. (e). Pub. L. 104-275, Sec. 501(f), substituted "December

31, 1999" for "December 31, 1997".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 317 of this title.

-End-

-CITE-

38 USC Sec. 545 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 5 - AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER III - ADVISORY COMMITTEES

-HEAD-

Sec. 545. Advisory Committee on the Readjustment of Veterans

-STATUTE-

(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 Department.

(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 Committee with respect to the provision by

the Department 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 civilian life;

(ii) provide information relating to the nature and character

of psychological problems arising from service in the Armed

Forces;

(iii) provide an on-going assessment of the effectiveness of

the policies, organizational structures, and services of the

Department in assisting veterans in readjusting to civilian life;

and

(iv) provide on-going advice on the most appropriate means of

responding to the readjustment needs of veterans in the future.

(B) In carrying out its duties under subparagraph (A), the

Committee shall take into special account the needs of veterans who

have served in a theater of combat operations.

(c)(1) Not later than March 31 of each year, the Committee shall

submit to the Secretary a report on the programs and activities of

the Department that relate to the readjustment of veterans to

civilian life. Each such report shall include -

(A) an assessment of the needs of veterans with respect to

readjustment to civilian life;

(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

appropriate.

(2) Not later than 90 days after the receipt of a report under

paragraph (1), the Secretary shall transmit to the Committees on

Veterans' Affairs of the Senate and House of Representatives a copy

of the report, together with any comments and recommendations

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 pursuant to that section.

(d)(1) Except as provided in paragraph (2), the provisions of the

Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the

activities of the Committee under this section.

(2) Section 14 of such Act shall not apply to the Committee.

-SOURCE-

(Added Pub. L. 104-262, title III, Sec. 333(a)(1), Oct. 9, 1996,

110 Stat. 3199; amended Pub. L. 107-14, Sec. 8(a)(16), June 5,

2001, 115 Stat. 35.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (d),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC1-

PRIOR PROVISIONS

Prior section 545 of this title, 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 and prescribed income

limitations, prior to the general amendment of subchapter III of

chapter 15 of this title by Pub. L. 86-211, Sec. 4, Aug. 29, 1959,

73 Stat. 434. See section 1543 of this title.

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 renumbered 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, Sec. 2(a), Feb.

12, 1987, 101 Stat. 92, related to community-based psychiatric

residential treatment for chronically mentally ill veterans, prior

to repeal by Pub. L. 100-322, title I, Sec. 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 section 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, Sec. 6(a), June 11, 1969, 83 Stat. 34, related to

arrests for crimes in hospital and domiciliary reservations, prior

to repeal by Pub. L. 93-43, Secs. 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, Sec. 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, Sec. 2, Sept. 30, 1966, 80 Stat. 859; Pub. L. 91-24, Sec.

6(c), June 11, 1969, 83 Stat. 34, related to modification of

agreement with the Republic of the Philippines effectuating the Act

of July 1, 1948, prior to repeal by section 107(a) of Pub. L.

93-82.

Prior sections 633 to 635 and 641 to 643 were renumbered sections

1733 to 1735 and 1741 to 1743 of this title, respectively.

Prior section 644, added Pub. L. 91-178, Sec. 2(a), Dec. 30,

1969, 83 Stat. 836; amended Pub. L. 93-82, title IV, Sec. 403(b),

Aug. 2, 1973, 87 Stat. 196, authorized appropriations 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 providing care and treatment for veterans, prior to repeal by

Pub. L. 95-62, Secs. 2, 5, July 5, 1977, 91 Stat. 262, 263,

effective Oct. 1, 1977, but with provision for the continuing 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 renumbered sections

1751 to 1754 and 1761 to 1764 of this title, respectively.

AMENDMENTS

2001 - Subsec. (a)(1). Pub. L. 107-14 substituted "hereinafter"

for "hereafter".

COMMISSION ON SERVICEMEMBERS AND VETERANS TRANSITION ASSISTANCE

Pub. L. 104-275, title VII, Oct. 9, 1996, 110 Stat. 3346, as

amended by Pub. L. 105-368, title X, Sec. 1005(c)(2), Nov. 11,

1998, 112 Stat. 3366, provided that:

"SEC. 701. ESTABLISHMENT OF COMMISSION.

"(a) Establishment. - There is established a commission to be

known as the Commission on Servicemembers and Veterans Transition

Assistance (hereafter in this title referred to as the

'Commission').

"(b) Membership. - (1) The Commission shall be composed of 12

members appointed from among private United States citizens with

appropriate and diverse experiences, expertise, and historical

perspectives on veterans, military, organizational, and management

matters. The members shall be appointed as follows:

"(A) Four shall be appointed jointly by the chairman and

ranking minority member of the Committee on Veterans' Affairs of

the House of Representatives.

"(B) Four shall be appointed jointly by the chairman and

ranking minority member of the Committee on Veterans' Affairs of

the Senate.

"(C) Two shall be appointed jointly by the chairman and ranking

minority member of the Committee on National Security of the

House of Representatives [now Committee on Armed Services of the

House of Representatives].

"(D) Two shall be appointed jointly by the chairman and ranking

minority member of the Committee on Armed Services of the Senate.

"(2)(A) One member of the Commission appointed under each of

subparagraphs (A) and (B) of paragraph (1) shall be a

representative of a veterans service organization.

"(B) To the maximum extent practicable, the individuals appointed

under paragraph (1) as members of the Commission shall be veterans.

"(C) Not more than seven of the members of the Commission may be

members of the same political party.

"(3) In addition to the members appointed under paragraph (1),

the following shall be nonvoting members of the Commission:

"(A) The Under Secretary for Benefits of the Department of

Veterans Affairs.

"(B) The Assistant Secretary of Defense for Force Management

and Personnel.

"(C) The Assistant Secretary of Labor for Veterans' Employment

and Training.

"(4) The appointments of members of the Commission shall, to the

maximum extent practicable, be made after consultation with

representatives of veterans service organizations.

"(5) The appointments of the members of the Commission shall be

made not later than 45 days after the date of the enactment of this

Act [Oct. 9, 1996].

"(c) Period of Appointment; Vacancies. - Members shall be

appointed for the life of the Commission. Any vacancy in the

Commission shall not affect its powers, but shall be filled in the

same manner as the original appointment.

"(d) Initial Meeting. - Not later than 30 days after the date on

which all members of the Commission have been appointed under

subsection (b)(1), the Commission shall hold its first meeting.

"(e) Quorum. - A majority of the members of the Commission shall

constitute a quorum, but a lesser number may hold hearings.

"(f) Chairman and Vice Chairman. - The Commission shall select a

chairman and vice chairman from among its members.

"(g) Meetings. - The Commission shall meet at the call of the

chairman of the Commission.

"(h) Panels. - The Commission may establish panels composed of

less than the full membership of the Commission for the purpose of

carrying out the Commission's duties. The actions of such panels

shall be subject to the review and control of the Commission. Any

findings and determinations made by such a panel shall not be

considered the findings and determinations of the Commission unless

approved by the Commission.

"(i) Authority of Individuals To Act for Commission. - Any member

or agent of the Commission may, if authorized by the Commission,

take any action which the Commission is authorized to take under

this title.

"SEC. 702. DUTIES OF COMMISSION.

"(a) In General. - The Commission shall -

"(1) review the adequacy and effectiveness of veterans

transition assistance and benefits programs in providing

assistance to members of the Armed Forces in making the

transition and adjustment to civilian life;

"(2) review the allocation under law of responsibility for the

administration of veterans transition assistance and benefits

programs among the various departments and agencies of the

Government and determine the feasibility and desirability of

consolidating such administration;

"(3) evaluate proposals for improving such programs, including

proposals for alternative means of providing services delivered

by such programs; and

"(4) make recommendations to Congress regarding the need for

improvements in such programs.

"(b) Review of Programs To Assist Members of the Armed Forces at

Separation. - (1) While carrying out the general duties specified

in subsection (a), the members of the Commission appointed under

subparagraphs (C) and (D) of section 701(b)(1) and the member

specified in subparagraph (B) of section 701(b)(3) shall review

primarily the programs intended to assist members of the Armed

Forces at the time of their separation from service in the Armed

Forces, including programs designed to assist families of such

members.

"(2) In carrying out the review, those members of the Commission

shall determine the following:

"(A) The adequacy of the programs referred to in paragraph (1)

for their purposes.

"(B) The adequacy of the support of the Armed Forces for such

programs.

"(C) The adequacy of funding levels for such programs.

"(D) The effect, if any, of the existence of such programs on

military readiness.

"(E) The extent to which such programs provide members of the

Armed Forces with job-search skills.

"(F) The extent to which such programs prepare such members for

employment in the private sector and in the public sector.

"(G) The effectiveness of such programs in assisting such

members in finding employment in the public sector upon their

separation from service.

"(H) The ways in which such programs could be improved.

"(3) In carrying out the review, the Commission shall make use of

previous studies which have been made of such programs.

"(c) Review of Programs To Assist Veterans. - (1) While carrying

out the general duties specified in subsection (a), the members of

the Commission appointed under subparagraphs (A) and (B) of section

701(b)(1) and the members specified in subparagraphs (A) and (C) of

section 701(b)(3) shall review the following programs:

"(A) Educational assistance programs.

"(B) Job counseling, job training, and job placement services

programs.

"(C) Rehabilitation and training programs.

"(D) Housing loan programs.

"(E) Small business loan and small business assistance

programs.

"(F) Employment and employment training programs for employment

in the public sector and the private sector, including employer

training programs and union apprenticeship programs.

"(G) Government personnel policies (including veterans'

preference policies) and the enforcement of such policies.

"(H) Programs that prepare the families of members of the Armed

Forces for their transition from military life to civilian life

and facilitate that transition.

"(2) In carrying out the review, such members of the Commission

shall determine the following:

"(A) The adequacy of the programs referred to in paragraph (1)

for their purposes.

"(B) The adequacy of the support of the Department of Veterans

Affairs for such programs.

"(C) The adequacy of funding levels for such programs.

"(D) The extent to which such programs provide veterans with

job-search skills.

"(E) The extent to which such programs prepare veterans for

employment in the private sector and in the public sector.

"(F) The effectiveness of such programs in assisting veterans

in finding employment in the public sector upon their separation

from service.

"(G) The ways in which such programs could be improved.

"(d) Reports. - (1) Not later than 90 days after the date on

which all members of the Commission have been appointed under

section 701(b)(1), the Commission shall submit to the Committees on

Veterans' Affairs and Armed Services of the Senate and the

Committees on Veterans' Affairs and National Security of the House

of Representatives [now Committees on Veterans' Affairs and Armed

Services of the House of Representatives] a report setting forth a

plan for the work of the Commission. The Commission shall develop

the plan in consultation with the Secretary of Defense, the

Secretary of Veterans Affairs, the Secretary of Labor, and the

heads of other appropriate departments and agencies of the

Government.

"(2)(A) Not later than 18 months after the date of the first

meeting of the Commission, the Commission shall submit to the

committees referred to in paragraph (1), and to the Secretary of

Defense, the Secretary of Veterans Affairs, and the Secretary of

Labor, a report setting forth the activities, findings, and

recommendations of the Commission, including any recommendations

for legislative action and administrative action as the Commission

considers appropriate.

"(B) Not later than 90 days after receiving the report referred

to in subparagraph (A), the Secretary of Defense, the Secretary of

Veterans Affairs, and the Secretary of Labor shall jointly transmit

the report to Congress, together with the Secretaries' comments on

the report.

"SEC. 703. POWERS OF COMMISSION.

"(a) Hearings. - The Commission may hold such hearings, sit and

act at such times and places, take such testimony, and receive such

evidence as the Commission considers advisable to carry out the

purposes of this title.

"(b) Information From Federal Agencies. - The Commission may

secure directly from the Department of Defense, the Department of

Veterans Affairs, and any other department or agency of the

Government such information as the Commission considers necessary

to carry out its duties under this title. Upon request of the

chairman of the Commission, the head of such department or agency

shall furnish such information expeditiously to the Commission.

"SEC. 704. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

"(a) Postal Services. - The Commission may use the United States

mails in the same manner and under the same conditions as other

departments and agencies of the Government.

"(b) Gifts. - The Commission may accept, use, and dispose of

gifts or donations of services or property.

"(c) Miscellaneous Administrative Support. - The Secretary of

Defense, the Secretary of Veterans Affairs, and the Secretary of

Labor shall, upon the request of the chairman of the Commission,

furnish the Commission, on a reimbursable basis, any administrative

and support services as the Commission may require.

"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 prescribed 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 conveyances when travel is necessary in the

performance of a duty of the Commission except when the cost of

commercial transportation is less expensive.

"(2) The members of the Commission may be allowed travel

expenses, including per diem in lieu of subsistence, 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 regulations, appoint and terminate

an executive director and up to five additional staff members as

may be necessary 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 personnel 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 exceed the rate

payable for level V of the Executive Schedule under section 5316 of

such title.

"(d) Detail of Government Employees. - Upon request of the

chairman of the Commission, the head of any department or agency of

the Government may detail, 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 procure temporary and intermittent

services under section 3109(b) of title 5, United States Code, at

rates for individuals 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 Government the purpose of which

is -

"(A) to assist, by rehabilitation or other means, members of

the Armed Forces in readjusting or otherwise 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 Department of Defense,

except that such amounts may not be from amounts appropriated for

the transition assistance 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 available, without fiscal year

limitation, until the termination of the Commission."

ORIGINAL MEMBERS OF ADVISORY COMMITTEE

Section 333(b) of Pub. L. 104-262 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 recognized

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

members."

-End-