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.

IIB 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 21:17 Nov 19, 2021 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3730.RFS H3730 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 3730 RFS SECTION 1. DEPARTMENT OF VETERANS AFFAIRS ADVI- 1 SORY COMMITTEE ON UNITED STATES OUT- 2 LYING AREAS AND FREELY ASSOCIATED 3 STATES. 4 (a) ESTABLISHMENT OF ADVISORY COMMITTEE.— 5 (1) IN GENERAL.—Subchapter III of chapter 5 6 of title 38, United States Code, is amended by add- 7 ing at the end the following new section: 8 ‘‘§ 548. Advisory Committee on United States Out- 9 lying Areas and Freely Associated States 10 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 11 lish an advisory committee, to be known as the ‘Advisory 12 Committee on United States Outlying Areas and Freely 13 Associated States’, to provide advice and guidance to the 14 Secretary on matters relating to covered veterans. 15 ‘‘(b) DUTIES.—The duties of the Committee shall be 16 the following: 17 ‘‘(1) To advise the Secretary on matters relat- 18 ing to covered veterans, including how the Secretary 19 can improve the programs and services of the De- 20 partment to better serve such veterans. 21 ‘‘(2) To identify for the Secretary evolving 22 issues of relevance to covered veterans. 23 ‘‘(3) To propose clarifications, recommenda- 24 tions, and solutions to address issues raised by cov- 25 ered veterans. 26 VerDate Sep 11 2014 21:17 Nov 19, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3730.RFS H3730 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 3730 RFS ‘‘(4) To provide a forum for covered veterans, 1 veterans service organizations serving covered vet- 2 erans, and the Department to discuss issues and 3 proposals for changes to regulations, policies, and 4 procedures of the Department. 5 ‘‘(5) To identify priorities for and provide ad- 6 vice to the Secretary on appropriate strategies for 7 consultation with veterans service organizations serv- 8 ing covered veterans. 9 ‘‘(6) To encourage the Secretary to work with 10 other departments and agencies of the Federal Gov- 11 ernment and Congress to ensure covered veterans 12 are provided the full benefits of their status as cov- 13 ered veterans. 14 ‘‘(7) To highlight contributions of covered vet- 15 erans in the Armed Forces. 16 ‘‘(8) To conduct other duties as determined ap- 17 propriate by the Secretary. 18 ‘‘(c) MEMBERSHIP.—(1) The Committee shall be 19 comprised of 15 voting members appointed by the Sec- 20 retary. 21 ‘‘(2) In appointing members pursuant to paragraph 22 (1), the Secretary shall ensure the following: 23 VerDate Sep 11 2014 21:17 Nov 19, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3730.RFS H3730 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 3730 RFS ‘‘(A) At least one member is appointed to rep- 1 resent covered veterans in each of the following 2 areas: 3 ‘‘(i) American Samoa. 4 ‘‘(ii) Guam. 5 ‘‘(iii) Puerto Rico. 6 ‘‘(iv) The Commonwealth of the Northern 7 Mariana Islands. 8 ‘‘(v) The Virgin Islands of the United 9 States. 10 ‘‘(vi) The Federated States of Micronesia. 11 ‘‘(vii) The Republic of the Marshall Is- 12 lands. 13 ‘‘(viii) The Republic of Palau. 14 ‘‘(B) Not fewer than half of the members ap- 15 pointed are covered veterans, unless the Secretary 16 determines that an insufficient number of qualified 17 covered veterans are available. 18 ‘‘(C) Each member appointed resides in an area 19 specified in subparagraph (A). 20 ‘‘(3) In appointing members pursuant to paragraph 21 (1), the Secretary may consult with any Member of Con- 22 gress who represents an area specified in paragraph 23 (2)(A). 24 VerDate Sep 11 2014 21:17 Nov 19, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3730.RFS H3730 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 3730 RFS ‘‘(d) TERMS; VACANCIES.—(1) A member of the 1 Committee shall be appointed for a term of two years. 2 ‘‘(2) Not later than 180 days after receiving notice 3 of a vacancy in the Committee, the Secretary shall fill the 4 vacancy in the same manner as the original appointment. 5 ‘‘(e) MEETING FORMAT AND FREQUENCY.—(1) Ex- 6 cept as provided in paragraph (2), the Committee shall 7 meet in-person with the Secretary not less frequently than 8 twice each year and hold monthly conference calls as nec- 9 essary. 10 ‘‘(2) Meetings held under paragraph (1) may be con- 11 ducted virtually during a public health emergency declared 12 by the Secretary of Health and Human Services pursuant 13 to section 319 of the Public Health Service Act (42 U.S.C. 14 247d) or any renewal of such declaration. 15 ‘‘(f) ADDITIONAL REPRESENTATION.—(1) Rep- 16 resentatives of relevant departments and agencies of the 17 Federal Government may attend meetings of the Com- 18 mittee and provide information to the Committee. 19 ‘‘(2) One representative of the Department shall at- 20 tend each meeting of the Committee. 21 ‘‘(3) Representatives attending meetings under this 22 subsection— 23 ‘‘(A) shall not be considered voting members of 24 the Committee; and 25 VerDate Sep 11 2014 21:17 Nov 19, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3730.RFS H3730 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 3730 RFS ‘‘(B) may not receive additional compensation 1 for services performed with respect to the Com- 2 mittee. 3 ‘‘(g) SUBCOMMITTEES.—(1) The Committee may es- 4 tablish subcommittees. 5 ‘‘(2) The Secretary may, in consultation with the 6 Committee, appoint a member to a subcommittee estab- 7 lished under paragraph (1) who is not a member of the 8 Committee. 9 ‘‘(3) A subcommittee established under paragraph (1) 10 may enhance the function of the Committee, but may not 11 supersede the authority of the Committee or provide direct 12 advice or work products to the Secretary. 13 ‘‘(h) REPORTS.—(1) Not less frequently than once 14 each year, the Committee shall submit to the Secretary 15 and the appropriate committees of Congress a report con- 16 taining such recommendations as the Committee may have 17 for legislative or administrative action. 18 ‘‘(2) Not later than 90 days after the date on which 19 the Secretary receives a report under paragraph (1), the 20 Secretary shall submit to the appropriate committees of 21 Congress a written response to the report after— 22 ‘‘(A) giving the Committee an opportunity to 23 review such written response; and 24 VerDate Sep 11 2014 21:17 Nov 19, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3730.RFS H3730 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 3730 RFS ‘‘(B) including in such written response any 1 comments the Committee considers appropriate. 2 ‘‘(3) Not less frequently than once every two years, 3 the Committee shall submit to the Secretary and the ap- 4 propriate committees of Congress a report describing the 5 activities of the Committee during the previous two years. 6 ‘‘(4) The Secretary shall make publicly available on 7 an internet website of the Department— 8 ‘‘(A) each report the Secretary receives under 9 paragraph (1); 10 ‘‘(B) each written response the Secretary sub- 11 mits under paragraph (2); and 12 ‘‘(C) each report the Secretary receives under 13 paragraph (3). 14 ‘‘(i) COMMITTEE PERSONNEL MATTERS.—A member 15 of the Committee shall be allowed travel expenses, includ- 16 ing per diem in lieu of subsistence, at rates authorized 17 for an employee of an agency under subchapter I of chap- 18 ter 57 of title 5 while away from the home or regular place 19 of business of the member in the performance of the duties 20 of the Committee. 21 ‘‘(j) CONSULTATION.—In carrying out this section, 22 the Secretary shall consult with veterans service organiza- 23 tions serving covered veterans. 24 VerDate Sep 11 2014 21:17 Nov 19, 2021 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3730.RFS H3730 pamtmann on DSKBC07HB2PROD with BILLS 8 HR 3730 RFS ‘‘(k) FEDERAL ADVISORY COMMITTEE ACT EXEMP- 1 TION.—Section 14 of the Federal Advisory Committee Act 2 (5 U.S.C. App.) shall not apply to the Committee. 3 ‘‘(l) DEFINITIONS.—In this section: 4 ‘‘(1) The term ‘appropriate committees of Con- 5 gress’ means— 6 ‘‘(A) the Committee on Veterans’ Affairs 7 of the House of Representatives; and 8 ‘‘(B) the Committee on Veterans’ Affairs 9 of the Senate. 10 ‘‘(2) The term ‘Committee’ means the Advisory 11 Committee on United States Outlying Areas and 12 Freely Associated States established under sub- 13 section (a). 14 ‘‘(3) The term ‘covered veteran’ means a vet- 15 eran residing in an area specified in subsection 16 (c)(2)(A). 17 ‘‘(4) The term ‘veterans service organization 18 serving covered veterans’ means any organization 19 that— 20 ‘‘(A) serves the interests of covered vet- 21 erans; 22 ‘‘(B) has covered veterans in substantive 23 and policymaking positions within the organiza- 24 tion; and 25 VerDate Sep 11 2014 21:17 Nov 19, 2021 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3730.RFS H3730 pamtmann on DSKBC07HB2PROD with BILLS 9 HR 3730 RFS ‘‘(C) has demonstrated experience working 1 with covered veterans.’’. 2 (2) CLERICAL AMENDMENT.—The table of sec- 3 tions at the beginning of chapter 5 of such title is 4 amended by inserting after the item relating to sec- 5 tion 547 the following new item: 6 ‘‘548. Advisory Committee on United States Outlying Areas and Freely Associ- ated States.’’. (b) DEADLINE FOR ESTABLISHMENT.—Not later 7 than 180 days after the date of the enactment of this Act, 8 the Secretary of Veterans Affairs shall establish the advi- 9 sory committee required by section 548 of title 38, United 10 States Code, as added by subsection (a)(1) of this section. 11 (c) DEADLINE FOR INITIAL APPOINTMENTS.—Not 12 later than 90 days after the date on which the Secretary 13 establishes the advisory committee required by such sec- 14 tion 548, the Secretary shall appoint the members of such 15 advisory committee. 16 (d) INITIAL MEETING.—Not later than 120 days 17 after the date on which the Secretary establishes the 18 VerDate Sep 11 2014 21:17 Nov 19, 2021 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3730.RFS H3730 pamtmann on DSKBC07HB2PROD with BILLS 10 HR 3730 RFS advisory committee required by such section 548, such ad- 1 visory committee shall hold its first meeting. 2 Passed the House of Representatives November 18, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 21:17 Nov 19, 2021 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3730.RFS H3730 pamtmann on DSKBC07HB2PROD with BILLS