Advisory Committee on United States Outlying Areas and Freely Associated States

38 U.S.C. § 548

• Title: 38 — Veterans' Benefits
• Chapter: SUBCHAPTER III—ADVISORY COMMITTEES

Text

(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.

History

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

Editorial Notes

Statutory Notes and Related Subsidiaries

Deadlines for Establishment, Initial Appointments, and Initial Meeting
Pub. L. 117–263, div. E, title LI, §5102(b)–(d), Dec. 23, 2022, 136 Stat. 3208, provided that:
"(b) Deadline for Establishment.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], 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) 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 members of such advisory committee shall be appointed.
"(d) Initial Meeting.—Not later than 180 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."

Editorial Notes

Amendments
2022—Pub. L. 117–168, §1(b)(2), title IX, §§907, 909, Aug. 10, 2022, 136 Stat. 1759, 1813, 1815, added items 704 and 706.
2018—Pub. L. 115–407, title V, §501(b), Dec. 31, 2018, 132 Stat. 5376, which directed adding item 728 after item 728, was executed by adding item 728 after item 727 to reflect the probable intent of Congress.
Pub. L. 115–188, §2(b), June 21, 2018, 132 Stat. 1491, which directed adding item 727 after item 725, was executed by adding item 727 after item 726 to reflect the probable intent of Congress.
Pub. L. 115–182, title V, §501(b), June 6, 2018, 132 Stat. 1475, added item 726.
2017—Pub. L. 115–46, title II, §§202(c), 203(b), Aug. 12, 2017, 131 Stat. 962, added item 725 and added item for subchapter III and item 741.
Pub. L. 115–41, title I, §102(b), title II, §§201(c), 202(b)(1), 203(a)(2), 204(b), 205(b), June 23, 2017, 131 Stat. 867, 869, 873, 875–877, substituted "removal, demotion, or suspension" for "removal" in item 713, added items 714, 719, 721, 723, and 731 to 733, and struck out former items 731 "Whistleblower complaint defined", 732 "Treatment of whistleblower complaints", and 733 "Adverse actions against supervisory employees who commit prohibited personnel actions relating to whistleblower complaints", and items 734 "Evaluation criteria of supervisors and treatment of bonuses", 735 "Training regarding whistleblower complaints", and 736 "Reports to Congress".
2016—Pub. L. 114–315, title V, §503(a)(2), Dec. 16, 2016, 130 Stat. 1568, added item 717.
Pub. L. 114–223, div. A, title II, §247(a)(2)(B), (b)(2), Sept. 29, 2016, 130 Stat. 890, 891, added item for subchapter I, added item 715, and added item for subchapter II and items 731 to 736.
2014—Pub. L. 113–146, title VII, §707(a)(2), Aug. 7, 2014, 128 Stat. 1800, added item 713.
2001—Pub. L. 107–103, title V, §509(a)(2), Dec. 27, 2001, 115 Stat. 997, struck out item 712 "Full-time equivalent positions: limitation on reduction".
1994—Pub. L. 103–446, title XI, §1102(b), Nov. 2, 1994, 108 Stat. 4681, added item 712.

Editorial Notes

Amendments
2016—Pub. L. 114–223, div. A, title II, §247(a)(2)(A), Sept. 29, 2016, 130 Stat. 890, inserted subchapter heading.