
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-14 Section 8(a)(16)]
[CITE: 38USC545]

 
                      TITLE 38--VETERANS' BENEFITS
 
                       PART I--GENERAL PROVISIONS
 
            CHAPTER 5--AUTHORITY AND DUTIES OF THE SECRETARY
 
                   SUBCHAPTER III--ADVISORY COMMITTEES
 
Sec. 545. Advisory Committee on the Readjustment of Veterans

    (a)(1) There is in the Department the Advisory Committee on the 
Readjustment of Veterans (hereafter 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.

(Added Pub. L. 104-262, title III, Sec. 333(a)(1), Oct. 9, 1996, 110 
Stat. 3199.)

                       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.


                            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.


     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.''
