---
kind: "section"
citation: "38 U.S.C. § 547"
title: "38"
title_heading: "Veterans’ Benefits"
number: "547"
heading: "Advisory Committee on Tribal and Indian Affairs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/547"
units:
  - "Part I — General Provisions"
  - "Chapter 5 — Authority and Duties of the Secretary"
  - "Subchapter III — Advisory Committees"
---

# §547. Advisory Committee on Tribal and Indian Affairs

- (a) **Establishment.—**
  - (1) The [Secretary](/usc/38/101.md?p=1) shall establish an advisory committee to provide advice and guidance to the [Secretary](/usc/38/101.md?p=1) on matters relating to Indian tribes, tribal organizations, and Native American [veterans](/usc/38/101.md?p=2).
  - (2) The advisory committee established under [paragraph (1)](#a-1) shall be known as the “Advisory Committee on Tribal and Indian Affairs” (in this section referred to as the “Committee”).
  - (3) The Committee shall facilitate, but not supplant, government-to-government consultation between the [Department](/usc/38/101.md?p=1) and Indian tribes or tribal organizations.
  - (4) The [Secretary](/usc/38/101.md?p=1) shall consult with Indian tribes or tribal organizations in developing a charter for the Committee.
- (b) **Membership.—**
  - (1) The Committee shall be comprised of 15 voting members selected by the [Secretary](/usc/38/101.md?p=1) from among individuals nominated as specified under this subsection.
  - (2) In selecting members under [paragraph (1)](#b-1), the [Secretary](/usc/38/101.md?p=1) shall ensure that—
    - (A) at least one member of each of the 12 service areas of the Indian Health Service is represented in the membership of the Committee nominated by Indian tribes or tribal organizations;
    - (B) at least one member of the Committee represents the Native Hawaiian [veteran](/usc/38/101.md?p=2) community nominated by a Native Hawaiian Organization;
    - (C) at least one member of the Committee represents urban Indian organizations nominated by a national urban Indian organization; and
    - (D) not fewer than half of the members are [veterans](/usc/38/101.md?p=2), unless the [Secretary](/usc/38/101.md?p=1) determines that an insufficient number of qualified [veterans](/usc/38/101.md?p=2) were nominated under [paragraph (1)](#b-1).
  - (3) No member of the Committee may be an employee of the Federal Government.
- (c) **Terms; Vacancies.—**
  - (1) A member of the Committee shall be appointed for a term of two years.
  - (2) The [Secretary](/usc/38/101.md?p=1) shall fill a vacancy in the Committee in the same manner as the original appointment within 180 days.
- (d) **Meetings.—**
  - (1)
    - (A) Except as provided in [subparagraph (B)](#d-1-B), the Committee shall meet in-person with the [Secretary](/usc/38/101.md?p=1), or the [Secretary](/usc/38/101.md?p=1)’s designee, not less frequently than twice each year and hold monthly conference calls as necessary.
    - (B) During a public health emergency (as defined in section 20003 of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136)), meetings under [subparagraph (A)](#d-1-A) may be conducted virtually.
  - (2)
    - (A) Representatives of relevant Federal agencies may attend meetings of the Committee and provide information to the Committee.
    - (B) One representative of the Office of Tribal Government Relations of the [Department](/usc/38/101.md?p=1) shall attend at each meeting of the Committee.
    - (C) Representatives attending meetings under this paragraph shall not be considered voting members of the Committee.
    - (D) A representative attending a meeting or providing information under this paragraph may not receive additional [compensation](/usc/38/101.md?p=13) for services performed with respect to the Committee.
- (e) **Subcommittees.—**
  - (1) The Committee may establish subcommittees.
  - (2) The [Secretary](/usc/38/101.md?p=1) may, in consultation with the Committee, appoint a member to a subcommittee established under [paragraph (1)](#e-1) who is not a member of the Committee.
  - (3) Such subcommittees may enhance the function of the Committee, but may not supersede the authority of the Committee or provide direct advice or work products to the [Department](/usc/38/101.md?p=1).
- (f) **Duties.—** The duties of the Committee are as follows:
  - (1) To advise the [Secretary](/usc/38/101.md?p=1) on ways the [Department](/usc/38/101.md?p=1) can improve the programs and services of the [Department](/usc/38/101.md?p=1) to better serve Native American [veterans](/usc/38/101.md?p=2).
  - (2) To identify for the [Department](/usc/38/101.md?p=1) evolving issues of relevance to Indian tribes, tribal organizations, and Native American [veterans](/usc/38/101.md?p=2) relating to programs and services of the [Department](/usc/38/101.md?p=1).
  - (3) To propose clarifications, recommendations, and solutions to address issues raised at tribal, regional, and national levels, especially regarding any tribal consultation reports.
  - (4) To provide a forum for Indian tribes, tribal organizations, urban Indian organizations, Native Hawaiian organizations, and the [Department](/usc/38/101.md?p=1) to discuss issues and proposals for changes to [Department](/usc/38/101.md?p=1) regulations, policies, and procedures.
  - (5) To identify priorities and provide advice on appropriate strategies for tribal consultation and urban Indian organizations conferring on issues at the tribal, regional, or national levels.
  - (6) To ensure that pertinent issues are brought to the attention of Indian tribes, tribal organizations, urban Indian organizations, and Native Hawaiian organizations in a timely manner, so that feedback can be obtained.
  - (7) To encourage the [Secretary](/usc/38/101.md?p=1) to work with other Federal agencies and Congress so that Native American [veterans](/usc/38/101.md?p=2) are not denied the full benefit of their status as both Native Americans and [veterans](/usc/38/101.md?p=2).
  - (8) To highlight contributions of Native American [veterans](/usc/38/101.md?p=2) in the [Armed Forces](/usc/38/101.md?p=10).
  - (9) To make recommendations on the consultation policy of the [Department](/usc/38/101.md?p=1) on tribal matters.
  - (10) To support a process to develop an urban Indian organization confer policy to ensure the [Secretary](/usc/38/101.md?p=1) confers, to the maximum extent practicable, with urban Indian organizations.
  - (11) To conduct other duties as recommended by the Committee.
- (g) **Reports.—**
  - (1) Not less frequently than once each year, the Committee shall submit to the [Secretary](/usc/38/101.md?p=1) and the appropriate committees of Congress such recommendations as the Committee may have for legislative or administrative action for the upcoming year.
  - (2) Not later than 90 days after the date on which the [Secretary](/usc/38/101.md?p=1) receives a recommendation under [paragraph (1)](#g-1), the [Secretary](/usc/38/101.md?p=1) shall submit to the appropriate committees of Congress a written response to the recommendation.
  - (3) Not less frequently than once every two years, the Committee shall submit to the [Secretary](/usc/38/101.md?p=1) and the appropriate committees of Congress a report describing the activities of the Committee during the previous two years.
  - (4) The [Secretary](/usc/38/101.md?p=1) shall make publicly available on an Internet website of the [Department](/usc/38/101.md?p=1)—
    - (A) each recommendation the [Secretary](/usc/38/101.md?p=1) receives under [paragraph (1)](#g-1);
    - (B) each response the [Secretary](/usc/38/101.md?p=1) submits under [paragraph (2)](#g-2); and
    - (C) each report the [Secretary](/usc/38/101.md?p=1) receives under [paragraph (3)](#g-3).
- (h) **Committee Personnel Matters.—** A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of [chapter 57](/usc/5/chptIII/sptD/ch57.md) of title 5 while away from the home or regular place of business of the member in the performance of the duties of the Committee.
- (i) **Federal Advisory Committee Act Exemption.—** Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)[^1] shall not apply to the Committee.
- (j) **Definitions.—** In this section:
  - (1) The term “appropriate committees of Congress” means—
    - (A) the Committee on [Veterans](/usc/38/101.md?p=2)’ Affairs and the Committee on Indian Affairs of the Senate; and
    - (B) the Committee on [Veterans](/usc/38/101.md?p=2)’ Affairs and the Committee on Natural Resources of the House of Representatives.
  - (2) The term “Indian tribe” has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 5304](/usc/25/5304.md)).
  - (3) The term “Native Hawaiian organization” means any organization that—
    - (A) serves the interests of Native Hawaiians;
    - (B) has Native Hawaiians in substantive and policymaking positions within the organization;
    - (C) has demonstrated experience working with Native Hawaiian [veterans](/usc/38/101.md?p=2); and
    - (D) shall include the Office of Hawaiian Affairs.
  - (4) The term “Native American [veteran](/usc/38/101.md?p=2)” has the meaning given such term in [section 3765 of this title](/usc/38/3765.md).
  - (5) The term “Office of Hawaiian Affairs” means the Office of Hawaiian Affairs established by the constitution of the [State](/usc/38/101.md?p=20) of Hawaii.
  - (6) The term “tribal organization” has the meaning given such term in [section 3765 of this title](/usc/38/3765.md).
  - (7) The term “urban Indian organization” has the meaning given such term in section 4 of the Indian Health Care Improvement Act ([25 U.S.C. 1603](/usc/25/1603.md)).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Added Pub. L. 116–315, title VII, § 7002(a)(1), Jan. 5, 2021, 134 Stat. 5054.)

## Notes

### Editorial Notes

### References in Text

Section 20003 of the Coronavirus Aid, Relief, and Economic Security Act, referred to in subsec. (d)(1)(B), is section 20003 of Pub. L. 116–136, div. B, title X, Mar. 27, 2020, 134 Stat. 585, which is set out as a Definition of “Public Health Emergency” note under section 303 of this title.

Section 14 of the Federal Advisory Committee Act, referred to in subsec. (i), is section 14 of Pub. L. 92–463, which was set out in the Appendix to Title 5, Government Organization and Employees, and was repealed and restated as section 1013 of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4204, 4361.

### Statutory Notes and Related Subsidiaries

### Deadlines for Establishment, Initial Appointments, and Initial Meeting

Pub. L. 116–315, title VII, § 7002(b)–(d), Jan. 5, 2021, 134 Stat. 5057, provided that: Deadline for Establishment.—The Secretary of Veterans Affairs shall establish the advisory committee required by section 547 of title 38, United States Code, as added by subsection (a)(1), not later than 180 days after the date of the enactment of this Act [Jan. 5, 2021]. Deadline for Initial Appointments.—Not later than 90 days after the date on which the Secretary establishes the advisory committee required by such section, the Secretary shall appoint members under subsection (b)(1) of such section. Initial Meeting.—Not later than 90 days after the date on which the Secretary establishes the advisory committee required by such section, such advisory committee shall hold its first meeting.”