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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. DEPARTMENT OF VETERANS AFFAIRS ADVI2 SORY COMMITTEE ON UNITED STATES OUT3 LYING AREAS AND FREELY ASSOCIATED 

4 STATES. 

5 (a) ESTABLISHMENT OF ADVISORY COMMITTEE.— 

6 (1) IN GENERAL.—Subchapter III of chapter 5 

7 of title 38, United States Code, is amended by add8 ing at the end the following new section: 

9 ‘‘§ 548. Advisory Committee on United States Out10 lying Areas and Freely Associated States 

11 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab12 lish an advisory committee, to be known as the ‘Advisory 

13 Committee on United States Outlying Areas and Freely 

14 Associated States’, to provide advice and guidance to the 

15 Secretary on matters relating to covered veterans. 

16 ‘‘(b) DUTIES.—The duties of the Committee shall be 

17 the following: 

18 ‘‘(1) To advise the Secretary on matters relat19 ing to covered veterans, including how the Secretary 

20 can improve the programs and services of the De21 partment to better serve such veterans. 

22 ‘‘(2) To identify for the Secretary evolving 

23 issues of relevance to covered veterans. 

24 ‘‘(3) To propose clarifications, recommenda25 tions, and solutions to address issues raised by cov26 ered veterans. 


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1 ‘‘(4) To provide a forum for covered veterans, 

2 veterans service organizations serving covered vet3 erans, and the Department to discuss issues and 

4 proposals for changes to regulations, policies, and 

5 procedures of the Department. 

6 ‘‘(5) To identify priorities for and provide ad7 vice to the Secretary on appropriate strategies for 

8 consultation with veterans service organizations serv9 ing covered veterans. 

10 ‘‘(6) To encourage the Secretary to work with 

11 other departments and agencies of the Federal Gov12 ernment and Congress to ensure covered veterans 

13 are provided the full benefits of their status as cov14 ered veterans. 

15 ‘‘(7) To highlight contributions of covered vet16 erans in the Armed Forces. 

17 ‘‘(8) To conduct other duties as determined ap18 propriate by the Secretary. 

19 ‘‘(c) MEMBERSHIP.—(1) The Committee shall be 

20 comprised of 15 voting members appointed by the Sec21 retary. 

22 ‘‘(2) In appointing members pursuant to paragraph 

23 (1), the Secretary shall ensure the following: 


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1 ‘‘(A) At least one member is appointed to rep2 resent covered veterans in each of the following 

3 areas: 

4 ‘‘(i) American Samoa. 

5 ‘‘(ii) Guam. 

6 ‘‘(iii) Puerto Rico. 

7 ‘‘(iv) The Commonwealth of the Northern 

8 Mariana Islands. 

9 ‘‘(v) The Virgin Islands of the United 

10 States. 

11 ‘‘(vi) The Federated States of Micronesia. 

12 ‘‘(vii) The Republic of the Marshall Is13 lands. 

14 ‘‘(viii) The Republic of Palau. 

15 ‘‘(B) Not fewer than half of the members ap16 pointed are covered veterans, unless the Secretary 

17 determines that an insufficient number of qualified 

18 covered veterans are available. 

19 ‘‘(C) Each member appointed resides in an area 

20 specified in subparagraph (A). 

21 ‘‘(3) In appointing members pursuant to paragraph 

22 (1), the Secretary may consult with any Member of Con23 gress who represents an area specified in paragraph 

24 (2)(A). 


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1 ‘‘(d) TERMS; VACANCIES.—(1) A member of the 

2 Committee shall be appointed for a term of two years. 

3 ‘‘(2) Not later than 180 days after receiving notice 

4 of a vacancy in the Committee, the Secretary shall fill the 

5 vacancy in the same manner as the original appointment. 

6 ‘‘(e) MEETING FORMAT AND FREQUENCY.—(1) Ex7 cept as provided in paragraph (2), the Committee shall 

8 meet in-person with the Secretary not less frequently than 

9 twice each year and hold monthly conference calls as nec10 essary. 

11 ‘‘(2) Meetings held under paragraph (1) may be con12 ducted virtually during a public health emergency declared 

13 by the Secretary of Health and Human Services pursuant 

14 to section 319 of the Public Health Service Act (42 U.S.C. 

15 247d) or any renewal of such declaration. 

16 ‘‘(f) ADDITIONAL REPRESENTATION.—(1) Rep17 resentatives of relevant departments and agencies of the 

18 Federal Government may attend meetings of the Com19 mittee and provide information to the Committee. 

20 ‘‘(2) One representative of the Department shall at21 tend each meeting of the Committee. 

22 ‘‘(3) Representatives attending meetings under this 

23 subsection— 

24 ‘‘(A) shall not be considered voting members of 

25 the Committee; and 


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1 ‘‘(B) may not receive additional compensation 

2 for services performed with respect to the Com3 mittee. 

4 ‘‘(g) SUBCOMMITTEES.—(1) The Committee may es5 tablish subcommittees. 

6 ‘‘(2) The Secretary may, in consultation with the 

7 Committee, appoint a member to a subcommittee estab8 lished under paragraph (1) who is not a member of the 

9 Committee. 

10 ‘‘(3) A subcommittee established under paragraph (1) 

11 may enhance the function of the Committee, but may not 

12 supersede the authority of the Committee or provide direct 

13 advice or work products to the Secretary. 

14 ‘‘(h) REPORTS.—(1) Not less frequently than once 

15 each year, the Committee shall submit to the Secretary 

16 and the appropriate committees of Congress a report con17 taining such recommendations as the Committee may have 

18 for legislative or administrative action. 

19 ‘‘(2) Not later than 90 days after the date on which 

20 the Secretary receives a report under paragraph (1), the 

21 Secretary shall submit to the appropriate committees of 

22 Congress a written response to the report after— 

23 ‘‘(A) giving the Committee an opportunity to 

24 review such written response; and 


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1 ‘‘(B) including in such written response any 

2 comments the Committee considers appropriate. 

3 ‘‘(3) Not less frequently than once every two years, 

4 the Committee shall submit to the Secretary and the ap5 propriate committees of Congress a report describing the 

6 activities of the Committee during the previous two years. 

7 ‘‘(4) The Secretary shall make publicly available on 

8 an internet website of the Department— 

9 ‘‘(A) each report the Secretary receives under 

10 paragraph (1); 

11 ‘‘(B) each written response the Secretary sub12 mits under paragraph (2); and 

13 ‘‘(C) each report the Secretary receives under 

14 paragraph (3). 

15 ‘‘(i) COMMITTEE PERSONNEL MATTERS.—A member 

16 of the Committee shall be allowed travel expenses, includ17 ing per diem in lieu of subsistence, at rates authorized 

18 for an employee of an agency under subchapter I of chap19 ter 57 of title 5 while away from the home or regular place 

20 of business of the member in the performance of the duties 

21 of the Committee. 

22 ‘‘(j) CONSULTATION.—In carrying out this section, 

23 the Secretary shall consult with veterans service organiza24 tions serving covered veterans. 


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1 ‘‘(k) FEDERAL ADVISORY COMMITTEE ACT EXEMP2 TION.—Section 14 of the Federal Advisory Committee Act 

3 (5 U.S.C. App.) shall not apply to the Committee. 

4 ‘‘(l) DEFINITIONS.—In this section: 

5 ‘‘(1) The term ‘appropriate committees of Con6 gress’ means— 

7 ‘‘(A) the Committee on Veterans’ Affairs 

8 of the House of Representatives; and 

9 ‘‘(B) the Committee on Veterans’ Affairs 

10 of the Senate. 

11 ‘‘(2) The term ‘Committee’ means the Advisory 

12 Committee on United States Outlying Areas and 

13 Freely Associated States established under sub14 section (a). 

15 ‘‘(3) The term ‘covered veteran’ means a vet16 eran residing in an area specified in subsection 

17 (c)(2)(A). 

18 ‘‘(4) The term ‘veterans service organization 

19 serving covered veterans’ means any organization 

20 that— 

21 ‘‘(A) serves the interests of covered vet22 erans; 

23 ‘‘(B) has covered veterans in substantive 

24 and policymaking positions within the organiza25 tion; and 


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1 ‘‘(C) has demonstrated experience working 

2 with covered veterans.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 5 of such title is 

5 amended by inserting after the item relating to sec6 tion 547 the following new item: 

‘‘548. Advisory Committee on United States Outlying Areas and Freely Associated States.’’. 

7 (b) DEADLINE FOR ESTABLISHMENT.—Not later 

8 than 180 days after the date of the enactment of this Act, 

9 the Secretary of Veterans Affairs shall establish the advi10 sory committee required by section 548 of title 38, United 

11 States Code, as added by subsection (a)(1) of this section. 

12 (c) DEADLINE FOR INITIAL APPOINTMENTS.—Not 

13 later than 90 days after the date on which the Secretary 

14 establishes the advisory committee required by such sec15 tion 548, the Secretary shall appoint the members of such 

16 advisory committee. 

17 (d) INITIAL MEETING.—Not later than 120 days 

18 after the date on which the Secretary establishes the 


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1 advisory committee required by such section 548, such ad2 visory committee shall hold its first meeting. 

Passed the House of Representatives November 18, 

2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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