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38 U.S.C. § 548 — Advisory Committee on United States Outlying Areas and Freely Associated States

submitted 4 years ago by Pub. L. 117-263 to r/title-38-VETERANS-BENEFITS · 1,064 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section creates an advisory committee for veterans living in specified United States outlying areas and freely associated states. It sets the committee’s duties, membership, meetings, reports, expenses, consultation requirements, and end date.

(a) Establishment. The Secretary must establish an advisory committee called the “Advisory Committee on United States Outlying Areas and Freely Associated States.” It advises and guides the Secretary about matters involving “covered veterans.” This section does not otherwise define “advises and guides.”

(b) Duties. The Committee must:
(1) advise the Secretary about covered veterans, including ways the Department can improve its programs and services for them;
(2) identify new or changing issues important to covered veterans;
(3) suggest clarifications, recommendations, and solutions for issues raised by covered veterans;
(4) provide a place where covered veterans, veterans service organizations serving covered veterans, and the Department can discuss issues and proposed changes to Department regulations, policies, and procedures;
(5) identify priorities and advise the Secretary about suitable ways to consult veterans service organizations serving covered veterans;
(6) encourage the Secretary to work with other Federal departments and agencies and with Congress so covered veterans receive all benefits of being covered veterans;
(7) point out covered veterans’ contributions to the Armed Forces; and
(8) perform other duties the Secretary considers appropriate.

(c) Membership.
(1) The Committee must have 15 voting members appointed by the Secretary.
(2) When appointing them, the Secretary must ensure that:
(A) at least one member represents covered veterans in each of these 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; and (viii) the Republic of Palau;
(B) at least half the appointed members are covered veterans, unless the Secretary decides that too few qualified covered veterans are available; and
(C) every appointed member lives in one of the areas listed in subparagraph (A).
(3) The Secretary may consult any Member of Congress who represents one of those areas when making appointments.
(4) Besides the appointed members, the Committee must include ex officio members appointed by the Secretary of State and the Secretary of the Interior from their respective Department employees.

(d) Terms; vacancies.
(1) A member serves a two-year term and may be appointed again for one additional two-year term.
(2) Within 180 days after the Secretary—or, for an ex officio member, the Secretary of State or Secretary of the Interior—receives notice of a vacancy, the vacancy must be filled in the same way as the original appointment.

(e) Meeting format and frequency.
(1) Unless paragraph (2) applies, the Committee must meet in person with the Secretary at least once each year and hold monthly conference calls as needed.
(2) A meeting under paragraph (1) may be virtual if necessary because of Department protocols or timing and budget considerations.

(f) Additional representation.
(1) Representatives of relevant Federal departments and agencies may attend meetings and give the Committee information.
(2) One Department representative must attend every meeting.
(3) These representatives are not voting members and may not receive extra pay for Committee-related services.

(g) Subcommittees.
(1) The Committee may establish subcommittees.
(2) After consulting the Committee, the Secretary may appoint to a subcommittee someone who is not a Committee member.
(3) A subcommittee may improve the Committee’s work, but it may not replace the Committee’s authority or give direct advice or work products to the Secretary.

(h) Reports.
(1) At least once every two years, the Committee must send the Secretary and the appropriate congressional committees a report containing any recommendations for legislative or administrative action and describing the Committee’s activities during the prior two years.
(2) Within 120 days after receiving that report, the Secretary must send the appropriate congressional committees a written response after giving the Committee a chance to review it and including any comments the Committee considers appropriate.
(3) The Secretary must post on a Department internet website every report received under paragraph (1) and every written response submitted under paragraph (2).

(i) Committee personnel matters. A member must be allowed travel expenses, including daily living expenses instead of subsistence, at the rates authorized for an agency employee under subchapter I of chapter 57 of title 5 while away from home or the member’s regular business place performing Committee duties.

(j) Consultation. In carrying out this section, the Secretary must consult veterans service organizations serving covered veterans.

(k) Termination. The Committee ends 10 years after the date this section was enacted.

(l) Definitions.
(1) “Appropriate congressional committees” means the House Committee on Veterans’ Affairs and the Senate Committee on Veterans’ Affairs.
(2) “Committee” means the Advisory Committee on United States Outlying Areas and Freely Associated States established under subsection (a).
(3) “Covered veteran” means a veteran living in an area listed in subsection (c)(2)(A).
(4) “Veterans service organization serving covered veterans” means an organization that serves covered veterans’ interests, has covered veterans in substantive and policymaking positions, and has shown experience working with covered veterans.

the actual law source: uscode.house.gov ↗public domain
(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 may 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 the heads of other Federal departments and agencies, 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).

(4)

In addition to the members appointed pursuant to paragraph (1), the Committee shall be comprised of such ex officio members as the Secretary of State and the Secretary of the Interior shall appoint from among employees of the Department of State and the Department of the Interior, respectively.

(d)Terms; Vacancies.—
(1)

A member of the Committee—

(A)

shall be appointed for a term of two years; and

(B)

may be reappointed to serve an additional two-year term.

(2)

Not later than 180 days after the Secretary (or in the case of an ex officio member, the Secretary of State or the Secretary of the Interior, as the case may be) receives notice of a vacancy in the Committee, the vacancy shall be filled 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 once each year and hold monthly conference calls as necessary.

(2)

Meetings held under paragraph (1) may be conducted virtually if determined necessary based on—

(A)

Department protocols; and

(B)

timing and budget considerations.

(f)Additional Representation.—
(1)

Representatives of relevant Federal departments and agencies 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)

may 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 every two years, the Committee shall submit to the Secretary and the appropriate congressional committees a report—

(A)

containing such recommendations as the Committee may have for legislative or administrative action; and

(B)

describing the activities of the Committee during the previous two years.

(2)

Not later than 120 days after the date on which the Secretary receives a report under paragraph (1), the Secretary shall submit to the appropriate congressional committees 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)

The Secretary shall make publicly available on an internet website of the Department—

(A)

each report the Secretary receives under paragraph (1); and

(B)

each written response the Secretary submits under paragraph (2).

(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)Termination.—

The Committee shall terminate on the date that is 10 years after the date of the enactment of this section.

(l)Definitions.—

In this section:

(1)

The term “appropriate congressional committees” 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.

Source credit: (Added Pub. L. 117–263, div. E, title LI, § 5102(a), Dec. 23, 2022, 136 Stat. 3205.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-263 · 136 Stat. 3205

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-263 on 2022-12-23.

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