Title 38 — Veterans’ Benefits

Part I · Chapter 5 — Authority and Duties of the Secretary

§ 546. Advisory Committee on Disability Compensation

Statutory text

Establishment.—

There is in the Department the Advisory Committee on Disability Compensation (in this section referred to as the “Committee”).

The Committee shall consist of not more than 18 members appointed by the Secretary from among individuals who—

have experience with the provision of disability compensation by the Department; or

are leading medical or scientific experts in relevant fields.

Except as provided in subparagraph (B), the Secretary shall determine the terms of service and pay and allowances of the members of the Committee.

A term of service may not exceed four years and shall be staggered to ensure that the dates for the termination of the members’ terms are not all the same.

The Secretary may reappoint any member for one or more additional terms of service.

The Secretary shall select a Chair from among the members of the Committee.

Responsibilities of Committee.—

The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the maintenance and periodic readjustment of the schedule for rating disabilities under section 1155 of this title.

In providing advice to the Secretary under this subsection, the Committee shall—

assemble and review relevant information relating to the needs of veterans with disabilities;

provide information relating to the nature and character of disabilities arising from service in the Armed Forces;

provide an on-going assessment of the effectiveness of the schedule for rating disabilities; and

provide on-going advice on the most appropriate means of responding to the needs of veterans relating to disability compensation in the future.

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.

Resources.—

The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Committee to carry out its responsibilities.

Biennial Reports to the Secretary.—

Not later than October 31, 2010, and not less frequently than every two years thereafter, the Committee shall submit to the Secretary a report on the programs and activities of the Department that relate to the payment of disability compensation. Each such report shall include—

an assessment of the needs of veterans with respect to disability compensation; and

such recommendations (including recommendations for administrative or legislative action) as the Committee considers appropriate.

The Committee may submit to the Secretary such other reports and recommendations as the Committee considers appropriate.

Biennial Reports to Congress.—

Not later than 90 days after the receipt of a report required under subsection (d)(1), the Secretary shall transmit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a copy of such report, together with such comments and recommendations concerning such report as the Secretary considers appropriate.

The Secretary shall submit with each report required under paragraph (1) a summary of all reports and recommendations of the Committee submitted to the Secretary under subsection (d)(2) since the previous report transmitted by the Secretary under paragraph (1) of this subsection.

Applicability of Chapter 10 of Title 5.—

Except as provided in paragraph (2), the provisions of chapter 10 of title 5 shall apply to the activities of the Committee under this section.

Section 1013 of title 5 shall not apply to the Committee.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2008
Veterans’ Benefits Improvement Act of 2008
Pub. L. 110–389 title II § 214(a) · 122 Stat. 4145
Enacted · 38 U.S.C. § 546
Added Pub. L. 110–389, title II, § 214(a), Oct. 10, 2008, 122 Stat. 4152
Source evidence
Code source credit
Added Pub. L. 110–389, title II, § 214(a), Oct. 10, 2008, 122 Stat. 4152
Enacted provision · exact public law section
(a) In General.— Subchapter III of chapter 5 is amended by adding at the end the following new section: “§ 546. Advisory Committee on Disability Compensation “(a) Establishment.— (1) There is in the Department the Advisory Committee on Disability Compensation (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 experience with the provision of disability compensation by the Department; or “(B) are leading medical or scientific experts in relevant fields. “(3) (A) Except as provided in subparagraph (B), the Secretary shall determine the terms of service and pay and allowances of the members of the Committee. “(B) A term of service may not exceed four years and shall be staggered to ensure that the dates for the termination of the members’ terms are not all the same. “(C) The Secretary may reappoint any member for one or more additional terms of service. “(4) The Secretary shall select a Chair from among the members of the Committee. “(b) Responsibilities of Committee.— (1) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the maintenance and periodic readjustment of the schedule for rating disabilities under section 1155 of this title. “(2) (A) In providing advice to the Secretary under this subsection, the Committee shall— “(i) assemble and review relevant information relating to the needs of veterans with disabilities; “(ii) provide information relating to the nature and character of disabilities arising from service in the Armed Forces; “(iii) provide an on-going assessment of the effectiveness of the schedule for rating disabilities; and “(iv) provide on-going advice on the most appropriate means of responding to the needs of veterans relating to disability compensation 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) Resources.— The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Committee to carry out its responsibilities. “(d) Biennial Reports to the Secretary.— (1) Not later than October 31, 2010, and not less frequently than every two years thereafter, the Committee shall submit to the Secretary a report on the programs and activities of the Department that relate to the payment of disability compensation. Each such report shall include— “(A) an assessment of the needs of veterans with respect to disability compensation; and “(B) such recommendations (including recommendations for administrative or legislative action) as the Committee considers appropriate. “(2) The Committee may submit to the Secretary such other reports and recommendations as the Committee considers appropriate. “(e) Biennial Reports to Congress.— (1) Not later than 90 days after the receipt of a report required under subsection (d)(1), the Secretary shall transmit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a copy of such report, together with such comments and recommendations concerning such report as the Secretary considers appropriate. “(2) The Secretary shall submit with each report required under paragraph (1) a summary of all reports and recommendations of the Committee submitted to the Secretary under subsection (d)(2) since the previous report transmitted by the Secretary under paragraph (1) of this subsection. “(f) Applicability of Federal Advisory Committee Act.— (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.” .
2022
Pub. L. 117–286 § 4(a)(218)(A) · 136 Stat. 4196
Substituted · 38 U.S.C. § 546(f)
Pub. L. 117–286, § 4(a)(218)(A), substituted “Chapter 10 of Title 5” for “Federal Advisory Committee Act” in heading
Source evidence
Code amendment note
Subsec. (f). Pub. L. 117–286, § 4(a)(218)(A), substituted “Chapter 10 of Title 5” for “Federal Advisory Committee Act” in heading.
Enacted provision · exact public law section
(A) in the subsection heading, by striking “Federal Advisory Committee Act” and inserting “Chapter 10 of Title 5”;
2022
Pub. L. 117–286 § 4(a)(218)(B) · 136 Stat. 4196
Substituted · 38 U.S.C. § 546(f)(1)
Pub. L. 117–286, § 4(a)(218)(B), substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act (5 U.S.C. App.)”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 117–286, § 4(a)(218)(B), substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act (5 U.S.C. App.)”.
Enacted provision · exact public law section
(B) in paragraph (1), by striking “the Federal Advisory Committee Act (5 U.S.C. App.)” and inserting “chapter 10 of title 5”; and
2022
Pub. L. 117–286 § 4(a)(218)(C) · 136 Stat. 4196
Substituted · 38 U.S.C. § 546(f)(2)
Pub. L. 117–286, § 4(a)(218)(C), substituted “Section 1013 of title 5” for “Section 14 of such Act”
Source evidence
Code amendment note
Subsec. (f)(2). Pub. L. 117–286, § 4(a)(218)(C), substituted “Section 1013 of title 5” for “Section 14 of such Act”.
Enacted provision · exact public law section
(C) in paragraph (2), by striking “Section 14 of such Act” and inserting “Section 1013 of title 5”.

4 of 4 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

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, § 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, § 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, § 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, §§ 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, § 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, § 2, Sept. 30, 1966, 80 Stat. 859; Pub. L. 91–24, § 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, § 2(a), Dec. 30, 1969, 83 Stat. 836; amended Pub. L. 93–82, title IV, § 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, §§ 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

2022—Subsec. (f). Pub. L. 117–286, § 4(a)(218)(A), substituted “Chapter 10 of Title 5” for “Federal Advisory Committee Act” in heading.

Subsec. (f)(1). Pub. L. 117–286, § 4(a)(218)(B), substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act (5 U.S.C. App.)”.

Subsec. (f)(2). Pub. L. 117–286, § 4(a)(218)(C), substituted “Section 1013 of title 5” for “Section 14 of such Act”.

Credits

2008–2022 · 2 acts

2008Added Pub. L. 110–389, title II, § 214(a), Oct. 10, 2008, 122 Stat. 4152
2022amended Pub. L. 117–286, § 4(a)(218), Dec. 27, 2022, 136 Stat. 4330.

Show as published

(Added Pub. L. 110–389, title II, § 214(a), Oct. 10, 2008, 122 Stat. 4152; amended Pub. L. 117–286, § 4(a)(218), Dec. 27, 2022, 136 Stat. 4330.)