[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3730 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
1st Session
H. R. 3730
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 19, 2021
Received; read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to establish in the Department
of Veterans Affairs an Advisory Committee on United States Outlying
Areas and Freely Associated States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEPARTMENT OF VETERANS AFFAIRS ADVISORY COMMITTEE ON UNITED
STATES OUTLYING AREAS AND FREELY ASSOCIATED STATES.
(a) Establishment of Advisory Committee.--
(1) In general.--Subchapter III of chapter 5 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 548. Advisory Committee on United States Outlying Areas and
Freely Associated States
``(a) Establishment.--The Secretary shall establish an advisory
committee, to be known as the `Advisory Committee on United States
Outlying Areas and Freely Associated States', to provide advice and
guidance to the Secretary on matters relating to covered veterans.
``(b) Duties.--The duties of the Committee shall be the following:
``(1) To advise the Secretary on matters relating to
covered veterans, including how the Secretary can improve the
programs and services of the Department to better serve such
veterans.
``(2) To identify for the Secretary evolving issues of
relevance to covered veterans.
``(3) To propose clarifications, recommendations, and
solutions to address issues raised by covered veterans.
``(4) To provide a forum for covered veterans, veterans
service organizations serving covered veterans, and the
Department to discuss issues and proposals for changes to
regulations, policies, and procedures of the Department.
``(5) To identify priorities for and provide advice to the
Secretary on appropriate strategies for consultation with
veterans service organizations serving covered veterans.
``(6) To encourage the Secretary to work with other
departments and agencies of the Federal Government and Congress
to ensure covered veterans are provided the full benefits of
their status as covered veterans.
``(7) To highlight contributions of covered veterans in the
Armed Forces.
``(8) To conduct other duties as determined appropriate by
the Secretary.
``(c) Membership.--(1) The Committee shall be comprised of 15
voting members appointed by the Secretary.
``(2) In appointing members pursuant to paragraph (1), the
Secretary shall ensure the following:
``(A) At least one member is appointed to represent covered
veterans in each of the following areas:
``(i) American Samoa.
``(ii) Guam.
``(iii) Puerto Rico.
``(iv) The Commonwealth of the Northern Mariana
Islands.
``(v) The Virgin Islands of the United States.
``(vi) The Federated States of Micronesia.
``(vii) The Republic of the Marshall Islands.
``(viii) The Republic of Palau.
``(B) Not fewer than half of the members appointed are
covered veterans, unless the Secretary determines that an
insufficient number of qualified covered veterans are
available.
``(C) Each member appointed resides in an area specified in
subparagraph (A).
``(3) In appointing members pursuant to paragraph (1), the
Secretary may consult with any Member of Congress who represents an
area specified in paragraph (2)(A).
``(d) Terms; Vacancies.--(1) A member of the Committee shall be
appointed for a term of two years.
``(2) Not later than 180 days after receiving notice of a vacancy
in the Committee, the Secretary shall fill the vacancy in the same
manner as the original appointment.
``(e) Meeting Format and Frequency.--(1) Except as provided in
paragraph (2), the Committee shall meet in-person with the Secretary
not less frequently than twice each year and hold monthly conference
calls as necessary.
``(2) Meetings held under paragraph (1) may be conducted virtually
during a public health emergency declared by the Secretary of Health
and Human Services pursuant to section 319 of the Public Health Service
Act (42 U.S.C. 247d) or any renewal of such declaration.
``(f) Additional Representation.--(1) Representatives of relevant
departments and agencies of the Federal Government may attend meetings
of the Committee and provide information to the Committee.
``(2) One representative of the Department shall attend each
meeting of the Committee.
``(3) Representatives attending meetings under this subsection--
``(A) shall not be considered voting members of the
Committee; and
``(B) may not receive additional compensation for services
performed with respect to the Committee.
``(g) Subcommittees.--(1) The Committee may establish
subcommittees.
``(2) The Secretary may, in consultation with the Committee,
appoint a member to a subcommittee established under paragraph (1) who
is not a member of the Committee.
``(3) A subcommittee established under paragraph (1) 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
Secretary.
``(h) Reports.--(1) Not less frequently than once each year, the
Committee shall submit to the Secretary and the appropriate committees
of Congress a report containing such recommendations as the Committee
may have for legislative or administrative action.
``(2) Not later than 90 days after the date on which the Secretary
receives a report under paragraph (1), the Secretary shall submit to
the appropriate committees of Congress a written response to the report
after--
``(A) giving the Committee an opportunity to review such
written response; and
``(B) including in such written response any comments the
Committee considers appropriate.
``(3) Not less frequently than once every two years, the Committee
shall submit to the Secretary and the appropriate committees of
Congress a report describing the activities of the Committee during the
previous two years.
``(4) The Secretary shall make publicly available on an internet
website of the Department--
``(A) each report the Secretary receives under paragraph
(1);
``(B) each written response the Secretary submits under
paragraph (2); and
``(C) each report the Secretary receives under paragraph
(3).
``(i) 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 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.
``(j) Consultation.--In carrying out this section, the Secretary
shall consult with veterans service organizations serving covered
veterans.
``(k) Federal Advisory Committee Act Exemption.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Committee.
``(l) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' means--
``(A) the Committee on Veterans' Affairs of the
House of Representatives; and
``(B) the Committee on Veterans' Affairs of the
Senate.
``(2) The term `Committee' means the Advisory Committee on
United States Outlying Areas and Freely Associated States
established under subsection (a).
``(3) The term `covered veteran' means a veteran residing
in an area specified in subsection (c)(2)(A).
``(4) The term `veterans service organization serving
covered veterans' means any organization that--
``(A) serves the interests of covered veterans;
``(B) has covered veterans in substantive and
policymaking positions within the organization; and
``(C) has demonstrated experience working with
covered veterans.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by inserting
after the item relating to section 547 the following new item:
``548. Advisory Committee on United States Outlying Areas and Freely
Associated States.''.
(b) Deadline for Establishment.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall establish the advisory committee required by section 548 of title
38, United States Code, as added by subsection (a)(1) of this section.
(c) Deadline for Initial Appointments.--Not later than 90 days
after the date on which the Secretary establishes the advisory
committee required by such section 548, the Secretary shall appoint the
members of such advisory committee.
(d) Initial Meeting.--Not later than 120 days after the date on
which the Secretary establishes the
advisory committee required by such section 548, such advisory
committee shall hold its first meeting.
Passed the House of Representatives November 18, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.