38 U.S.C. § 541

Advisory Committee on Former Prisoners of War

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(a)(1) The Secretary shall establish an advisory committee to be known as the Advisory Committee on Former Prisoners of War (hereinafter in this section referred to as the “Committee”).(2)(A) The members of the Committee shall be appointed by the Secretary from the general public and shall include—(i) appropriate representatives of veterans who are former prisoners of war;(ii) individuals who are recognized authorities in fields pertinent to disabilities prevalent among former prisoners of war, including authorities in epidemiology, mental health, nutrition, geriatrics, and internal medicine; and(iii) appropriate representatives of disabled veterans.(B) The Committee shall also include, as ex officio members, the Under Secretary for Health and the Under Secretary for Benefits, or their designees.(3) The Secretary shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Secretary, except that the term of service of any such member may not exceed three years.(b) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the administration of benefits under this title for veterans who are former prisoners of war and the needs of such veterans with respect to compensation, health care, and rehabilitation.(c)(1) Not later than July 1 of each odd-numbered year through 2009, the Committee shall submit to the Secretary a report on the programs and activities of the Department that pertain to veterans who are former prisoners of war. Each such report shall include—(A) an assessment of the needs of such veterans with respect to compensation, health care, and rehabilitation;(B) a review of the programs and activities of the Department designed to meet such needs; and(C) such recommendations (including recommendations for administrative and legislative action) as the Committee considers to be appropriate.(2) The Secretary shall, within 60 days after receiving each report under paragraph (1), submit to the Congress a copy of the report, together with any comments concerning the report that the Secretary considers appropriate.(3) The Committee may also submit to the Secretary such other reports and recommendations as the Committee considers appropriate.(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted to the Congress pursuant to that section.(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 392; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 106–419, title IV, § 403(c)(2), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 108–454, title VIII, § 803, Dec. 10, 2004, 118 Stat. 3626.)Editorial NotesPrior Provisions

Prior section 541 was renumbered section 1541 of this title.

Provisions similar to those in this section were contained in section 221 of this title prior to repeal by Pub. L. 102–83, § 2(a).

Amendments

2004—Subsec. (c)(1). Pub. L. 108–454 substituted “2009” for “2003”.

2000—Subsec. (c)(1). Pub. L. 106–419 inserted “through 2003” after “each odd-numbered year” in introductory provisions.

1992—Subsec. (a)(2)(B). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director” and “Under Secretary for Benefits” for “Chief Benefits Director”.

Statutory Notes and Related SubsidiariesTermination 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 1013 of Title 5, Government Organization and Employees.

Notes of Decisions

Cited in 8 cases, 1975–1991 · leading case: Venita Tsosie v. Joseph A. Califano, Jr., Sec'y of Health, Educ. & Welfare, 651 F.2d 719 (10th Cir. 1981).

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Venita Tsosie v. Joseph A. Califano, Jr., Sec'y of Health, Educ. & Welfare, 651 F.2d 719 (10th Cir. 1981). · cites it 3× “The Secretary notes that 38 U.S.C. § 541 refers to a pension “to the surviving spouse,” not to the child; that although the VA does provide for apportionment or direct payment to the child, it does so only when the child is not in the surviving spouse’s custody, see 38 C.”

Plato v. Roudebush, 397 F. Supp. 1295 (D. Maryland 1975). · cites it 4× “See 38 U. S.C. § 541. Her application was approved, and she began receiving monthly widows benefits, as of July 1, 1973, in the amount of $87.”

Quiban v. United States Vets. Admin., 713 F. Supp. 436 (D.D.C. 1989). · cites it 3× “and insofar as it determines that benefits payable to veterans of the Philippine Army who served pursuant to said military order of the President shall be paid at a reduced rate, is unconstitutional to the extent it deprives Philippine Army veterans and their dependents of…”

Quiban v. US Vets. Admin., 724 F. Supp. 993 (D.D.C. 1989). “1989) (citing 38 U.S.C. § 541 ). Thus assuming she received benefits from the Philippine government, those benefits would be included as income and her survivors' benefits would be determined accordingly.”

Mitson by & Through Jones v. Coler, 670 F. Supp. 1568 (S.D. Fla. 1987). “§ 521 , which provides pension benefits for veterans with non-service connected disabilities, or 38 U.S.C. § 541 , which provides benefits for the surviving spouses of veterans with service-connected disabilities.”

Satchel v. Derwinski, 1 Vet. App. 258 (Vet. App. 1991). “However, because of her low-income status and her husband’s receipt of VA non-service-connected pension at the time of his death, she was awarded non-service-connected death pension benefits under 38 U.S.C. § 541 (1988) and 38 C.F.R. § 3.”

Carter ex rel. Middleton v. Cleland, 643 F.2d 1 (D.C. Cir. 1980). “See 38 U.S.C. § 541 (1976). Appellants were denied benefits on another ground-that they were not “surviving spouses” within the terms of the statute: [A] person of the opposite sex who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran…”

Horton v. Roudebush, 411 F. Supp. 529 (N.D. Ga. 1976). “The challenged statute and regulation define “child” for the purposes of veterans pension available to widows and children of veterans under 38 U.S.C. § 541 . Plaintiff claims that the statute and regulation violate plaintiff’s right to equal protection of the laws in that they…”

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