[House Report 112-233]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-233
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AMENDING TITLE 38, UNITED STATES CODE, TO RECOGNIZE THE SERVICE IN THE
RESERVE COMPONENTS OF CERTAIN PERSONS BY HONORING THEM WITH STATUS AS
VETERANS UNDER LAW
_______
October 5, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Miller of Florida, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 1025]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 1025) to amend title 38, United States Code, to
recognize the service in the reserve components of certain
persons by honoring them with status as veterans under law,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Subcommittee Consideration....................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
Statement of General Performance Goals and Objectives............ 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Earmarks and Tax and Tariff Benefits............................. 4
Committee Cost Estimate.......................................... 4
Congressional Budget Office Estimate............................. 4
Federal Mandates Statement....................................... 5
Advisory Committee Statement..................................... 5
Statement of Constitutional Authority............................ 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose and Summary
H.R. 1025 was introduced on March 10, 2011, by
Representative Timothy Walz of Minnesota. H.R. 1025 amends
title 38, United States Code, to recognize the service in the
reserve components of certain persons by honoring them with
status as veterans under law. H.R. 1025 would honor with the
title of ``veteran'' any person entitled to retired pay for
nonregular (reserve) service or, but for age, would be so
entitled.
Background and Need for Legislation
The National Guard and Reserve Component of the United
States Armed Forces perform an invaluable role and are an
important part of our overall force structure. They support the
active duty component of the United States military by
responding in times of national emergency, ready to be called
to active-duty service in times of need.
Section 101(2) of title 38, United States Code, defines a
``veteran'' to mean ``a person who served in the active
military, naval, or air service, and who was discharged or
released therefrom under conditions other than dishonorable.''
Generally, persons not meeting that definition are ineligible
for the full range of rights and benefits extended under the
law.
Speaking on behalf of H.R. 1025, the bill's sponsor,
Representative Walz of Minnesota, commented at several
Committee hearings that the failure to recognize those who have
served 20 or more years in the Reserve and National Guard as
``veterans'' represents a gross injustice. He then pointed out
that National Guard and Reserve members who completed 20 or
more years of service wore the same uniform as active-duty
servicemembers, were subject to the same code of military
justice, received the same training, and were available for
call-up to active-duty service at any time.
H.R. 1025 would confer honorary veteran status on those
individuals who are entitled under chapter 1223 of title 10,
United States Code, to retired pay for nonregular service or
who would be entitled to retired pay, but for age. Further,
H.R. 1025 would ensure that those who receive the honorary
recognition as ``veterans'' conferred in the bill would not be
entitled to any benefit by reason of such recognition.
Hearings
On July 7, 2011, the Subcommittee on Disability Assistance
and Memorial Affairs conducted a legislative hearing on various
bills introduced during the 112th Congress, including: H.R.
923, H.R. 1025, H.R. 1826, H.R. 1898, and H.R. 2349. The
following witnesses testified: Mr. Raymond Kelley, Director,
National Legislative Service of the Veterans of Foreign Wars of
the United States; Mr. Ian de Planque, Deputy Director,
National Legislative Commission of The American Legion; Mr.
Jeffrey C. Hall, Assistant National Legislative Director,
Disabled American Veterans; Mr. Al Garver, Executive Director
of the Enlisted Association of the National Guard of the United
States; Mr. Jimmy F. Sims, Jr., Rating Veteran Service
Representative and American Federation of Government Employees
Local 1738 Steward of the Veterans Benefits Administration
Regional Office, Winston-Salem, NC; Mr. Richard Paul Cohen,
Esq., Executive Director of the National Organization of
Veterans' Advocates, Inc.; and Mr. Thomas Murphy, Director of
the Compensation Service, Veterans Benefits Administration of
the U.S. Department of Veterans Affairs, accompanied by Mr.
Richard J. Hipolita, Assistant General Counsel, Office of
General Counsel of the U.S. Department of Veterans Affairs. The
Paralyzed Veterans of America, and the Reserve Officers
Association of the United States and Reserve Enlisted
Association of the United States submitted statements for the
record.
Subcommittee Consideration
On July 22, 2011, the Subcommittee on Disability Assistance
and Memorial Affairs met in an open markup session and ordered
favorably forwarded to the full Committee, H.R. 1025, by voice
vote.
Committee Consideration
On September 8, 2011, the full Committee met in an open
markup session, a quorum being present, and ordered H.R. 1025
reported favorably to the House of Representatives, by voice
vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report the legislation and amendments thereto.
There were no recorded votes taken on amendments or in
connection with ordering H.R. 1025, reported to the House. A
motion by Ranking Member Bob Filner of California to order H.R.
1025, reported favorably to the House of Representatives was
agreed to by voice vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee's oversight findings and recommendations are
reflected in the descriptive portions of this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Earmarks and Tax and Tariff Benefits
H.R. 1025 does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the cost estimate on H.R.
1025 prepared by the Director of the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 1025 provided by the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 16, 2011.
Hon. Jeff Miller,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1025, a bill to
amend title 38, United States Code, to recognize the service in
the reserve components of certain persons by honoring them with
status as veterans under law.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Dwayne M.
Wright.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 1025--A bill to amend title 38, United States Code, to recognize
the service in the reserve components of certain persons by
honoring them with status as veterans under law
H.R. 1025 would grant the status of honorary veteran to
certain retired reservists. Individuals who served at least 20
years in the reserves, are under age 60, and were never called
to active duty would be eligible for this honorary status.
Under H.R. 1025, those honorary veterans would not be eligible
for additional benefits from the Department of Veterans Affairs
based on this new status. Thus, CBO estimates that the bill
would have no budgetary impact.
Enacting H.R. 1025 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 1025 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Dwayne M.
Wright. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 1025 prepared by the Director of the
Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
1025.
Statement of Constitutional Authority
Pursuant to Article I, section 8 of the United States
Constitution, the reported bill is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Provision of status under law by honoring certain members of
the reserve components as veterans
This section would give the honorary title of ``veteran''
to persons who have retired from the reserve force or who, but
for age, would otherwise be entitled. This section would not
entitle these individuals to any benefits.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART I--GENERAL PROVISIONS
* * * * * * *
CHAPTER 1--GENERAL
Sec.
101. Definitions.
* * * * * * *
107A. Honoring as veterans certain persons who performed service in the
reserve components.
* * * * * * *
Sec. 107A. Honoring as veterans certain persons who performed service
in the reserve components
Any person who is entitled under chapter 1223 of title 10 to
retired pay for nonregular service or, but for age, would be
entitled under such chapter to retired pay for nonregular
service shall be honored as a veteran but shall not be entitled
to any benefit by reason of this section.
* * * * * * *