Department of Veterans Affairs Tribal Advisory Committee Act of 2019
This bill directs the Department of Veterans Affairs (VA) to establish the Advisory Committee on Tribal and Indian Affairs to advise the VA on matters relating to Native American tribes, tribal organizations, and Native American veterans.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 524 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 524
To establish the Department of Veterans Affairs Advisory Committee on
Tribal and Indian Affairs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 14, 2019
Mr. Tester (for himself, Mr. Sullivan, Mr. Udall, and Ms. Murkowski)
introduced the following bill; which was read twice and referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To establish the Department of Veterans Affairs Advisory Committee on
Tribal and Indian Affairs, 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. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs
Tribal Advisory Committee Act of 2019''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS ADVISORY COMMITTEE ON TRIBAL AND
INDIAN AFFAIRS.
(a) 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. 547. Advisory Committee on Tribal and Indian Affairs
``(a) Establishment.--(1) The Secretary shall establish an advisory
committee to provide advice and guidance to the Secretary on matters
relating to Indian tribes, tribal organizations, and Native American
veterans.
``(2) The advisory committee established under paragraph (1) shall
be known as the `Advisory Committee on Tribal and Indian Affairs' (in
this section referred to as the `Committee').
``(3) The Committee shall facilitate, but not supplant, government-
to-government consultation between the Department and Indian tribes or
tribal organizations.
``(4) The Secretary shall consult with Indian tribes or tribal
organizations in developing a charter for the Committee.
``(b) Membership.--(1) The Committee shall be composed of 15 voting
members selected by the Secretary from among individuals nominated by
Indian tribes or tribal organizations for purposes of this section.
``(2) In selecting members under paragraph (1), the Secretary shall
ensure that--
``(A) each of the 12 service areas of the Indian Health
Service is represented in the membership of the Committee; and
``(B) not fewer than half of the members are veterans,
unless the Secretary determines that an insufficient number of
qualified veterans were nominated under paragraph (1).
``(3) No member of the Committee may be an employee of the Federal
Government.
``(c) Terms; Vacancies.--(1) A member of the Committee shall be
appointed for a term of two years.
``(2) The Secretary shall fill a vacancy in the Committee in the
same manner as the original appointment within 180 days.
``(d) Meetings.--(1) The Committee shall meet in-person with the
Secretary, or the Secretary's designee, not less frequently than twice
each year and hold monthly conference calls as necessary.
``(2)(A) Representatives of relevant Federal agencies may attend
meetings of the Committee and provide information to the Committee.
``(B) On representative of the Office of Tribal Government
Relations of the Department shall attend at each meeting of the
Committee.
``(C) Representatives attending meetings under this paragraph shall
not be considered voting members of the Committee.
``(e) 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) Such subcommittees 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 Department.
``(f) Duties.--The duties of the Committee are as follows:
``(1) To advise the Secretary on ways the Department can
improve the programs and services of the Department to better
serve Native American veterans.
``(2) To identify for the Department evolving issues of
relevance to Indian tribes, tribal organizations, and Native
American veterans relating to programs and services of the
Department.
``(3) To propose clarifications, recommendations, and
solutions to address issues raised at tribal, regional, and
national levels, especially regarding the Annual Tribal
Consultation Report.
``(4) To provide a forum for Indian tribes, tribal
organizations, and the Department to discuss issues and
proposals for changes to Department regulations, policies, and
procedures.
``(5) To identify priorities and provide advice on
appropriate strategies for tribal consultation on issues at the
tribal, regional, or national levels.
``(6) To ensure that pertinent issues are brought to the
attention of Indian tribes and tribal organizations in a timely
manner, so that tribal feedback can be obtained.
``(7) To encourage the Secretary to work with other Federal
agencies and Congress so that Native American veterans are not
denied the full benefit of their status as both Native
Americans and veterans.
``(8) To highlight contributions of Native American
veterans in the Armed Forces.
``(9) To update the consultation policy of the Department
on tribal matters.
``(g) Reports.--(1) Not less frequently than once each year, the
Committee shall submit to the Secretary and the appropriate committees
of Congress such recommendations as the Committee may have for
legislative or administrative action for the upcoming year.
``(2) Not later than 90 days after the date on which the Secretary
receives a recommendation under paragraph (1), the Secretary shall
submit to the appropriate committees of Congress a written response to
the recommendation.
``(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 recommendation the Secretary receives under
paragraph (1);
``(B) each response the Secretary submits under paragraph
(2); and
``(C) each report the Secretary receives under paragraph
(3).
``(h) Committee Personnel Matters.--Each member of the Committee
shall be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the Executive
Schedule under section 5315 of title 5 for each day (including travel
time) during which such member is engaged in the performance of duties
of the Committee.
``(i) Federal Advisory Committee Act Exemption.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Committee.
``(j) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' means--
``(A) the Committee on Veterans' Affairs and the
Committee on Indian Affairs of the Senate; and
``(B) the Committee on Veterans' Affairs of the
House of Representatives.
``(2) The term `Indian tribe' has the meaning given such
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(3) The term `Native American veteran' has the meaning
given such term in section 3765 of this title.
``(4) The term `tribal organization' has the meaning given
such term in section 3765 of this title and includes an Urban
Indian organization (as defined in section 4 of the Indian
Health Care Improvement Act (25 U.S.C. 1603)).''.
(b) Deadline for Establishment.--The Secretary of Veterans Affairs
shall establish the advisory committee required by section 547 of title
38, United States Code, as added by subsection (a), not later than 180
days after the date of the enactment of this Act.
(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, the Secretary of Veterans Affairs
shall appoint members under subsection (b)(1) of such section.
(d) Initial Meeting.--Not later than 90 days after the date on
which the Secretary establishes the advisory committee required by such
section, such advisory committee shall hold its first meeting.
(e) 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 546 the following new item:
``547. Advisory Committee on Tribal and Indian Affairs.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Veterans' Affairs.
Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 116-179.
Committee on Veterans' Affairs. Ordered to be reported without amendment favorably.
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