[House Report 111-625]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-625
======================================================================
AMENDING TITLE 38, UNITED STATES CODE, TO DEEM CERTAIN SERVICE IN THE
RESERVE COMPONENTS AS ACTIVE SERVICE FOR PURPOSES OF LAWS ADMINISTERED
BY THE SECRETARY OF VETERANS AFFAIRS
_______
September 28, 2010.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Filner, from the Committee on Veterans' Affairs, submitted the
following
R E P O R T
[To accompany H.R. 3787]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred the
bill (H.R. 3787) to amend title 38, United States Code, to deem
certain service in the Reserve components as active service for
purposes of laws administered by the Secretary of Veterans
Affairs, having considered the same, report favorably thereon
with amendments and recommend that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Subcommittee Consideration....................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
Statement of General Performance Goals and Objectives............ 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Earmarks and Tax and Tariff Benefits............................. 4
Committee Cost Estimate.......................................... 4
Congressional Budget Office Estimate............................. 4
Federal Mandates Statement....................................... 5
Advisory Committee Statement..................................... 5
Constitutional Authority Statement............................... 5
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill as Reported............. 6
Amendment
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. PROVISION OF VETERANS STATUS UNDER LAW BY HONORING CERTAIN
MEMBERS THE RESERVE COMPONENTS AS VETERANS.
(a) In General.--Chapter 1 of title 38, United States Code, is
amended by inserting after section 107 the following new section:
``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 solely by
reason of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
107 the following new item:
``107A. Honoring as veterans certain persons who performed service in
the reserve components.''.
Amend the title so as to read:
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.
Purpose and Summary
H.R. 3787 was introduced on October 8, 2009, by
Representative Timothy J. Walz of Minnesota. H.R. 3787, as
amended, would create a new section under title 38, United
States Code, to allow persons who, except for age, are entitled
to retired pay for non-regular service to be acknowledged as
veterans for honorary purposes. The bill would extend the
honorary veteran status to National Guard and Reserve members
who qualify for retirement after 20 years, but were never
activated long enough to meet current statutory requirements in
order to attain veteran status. While providing honorary
status, the bill would specifically exclude these individuals
from any entitlements under title 38, United States Code, based
on this Act unless already specified under current law.
Background and Need for Legislation
The National Guard and Reserve perform an invaluable role
and are an important component of our overall force structure.
They support the active duty component by responding in times
of national emergency, stand ready to be called to active duty
service and to deploy to overseas missions in times of need.
Currently, if members of the National Guard and Reserve
have not served a qualifying period of active duty service,
they are not considered to be veterans under Federal law.
The Committee, while recognizing that it is responsible for
overseeing the laws relating to the provision of Federal
benefits for veterans, believes that steadfast service of 20
years in the National Guard and Reserve, even absent qualifying
Federal service, deserves recognition of the service and
sacrifice of these men and women. This legislation is intended
to recognize that, like their counterparts in the active duty
component, Guard and Reserve members volunteered to serve their
country and were available for activation at any time. The
Committee believes that providing honorary recognition to these
individuals is appropriate.
The sponsor of this legislation, Representative Walz of
Minnesota, stated eloquently that while it may not seem
important to be honored as a veteran, for those who wore the
same uniform, were subject to the same code of military
justice, received the same training and spent 20 years or more
being liable for call-up, this lack of honorary recognition
represents a gross injustice.
H.R. 3787, as amended, confers honorary veteran status on
those individuals who are entitled under chapter 1223 of title
10, United States Code, to retired pay for nonregular services
or who would be entitled to retired pay but for age. This bill
does not extend any benefits to these individuals that are not
already recognized in current law. This bill does not affect in
any way over a century of doctrine regarding the legal status
of National Guard and Reserve service while providing honorary
recognition to certain men and women by allowing qualified
individuals to proudly call themselves veterans, to participate
in official Veterans Day events, or offering a hand salute
during the playing of the National Anthem.
Hearings
On July 1, 2010, the Subcommittee on Disability Assistance
and Memorial Affairs held a legislative hearing on several
bills introduced during the 111th Congress, including H.R.
3787. The following witnesses testified: The Honorable Timothy
J. Walz of Minnesota; The Honorable Alcee Hastings of Florida;
The Honorable John H. Adler, of New Jersey; The Honorable Joe
Donnelly of Indiana; Mr. Richard F. Weidman, Executive Director
for Policy and Government Affairs, Vietnam Veterans of America;
Mr. John L. Wilson, Assistant National Legislative Director,
Disabled American Veterans; Barry A. Searle, Director, Veterans
Affairs and Rehabilitation Commission, The American Legion; Mr.
Eric A. Hilleman, Director, National Legislative Service,
Veterans of Foreign Wars of the United States; and Mr. Thomas
Pamperin, Associate Deputy Under Secretary for Policy and
Program Management, Veterans Benefits Administration, U.S.
Department of Veterans Affairs accompanied by Mr. Richard J.
Hipolit, Assistant General Counsel, Office of General Counsel,
U.S. Department of Veterans Affairs. Those submitting
statements for the record included: Mr. Michael P. Cline,
Executive Director, Enlisted Association of the National Guard
of the United States; Captain Ike Puzon, USN (Ret.), Director
of Government Affairs--Legislation, Association of the United
States Navy; the Military Officers Association of America;
Peter J. Duffy, Deputy Director of Legislation, National Guard
Association of the United States; the Reserve Officers
Association of the United States; the Reserve Enlisted
Association; and Master Sergeant Larry D. Madison, USAF (Ret.),
Legislative Director, Washington Office, The Retired Enlisted
Association.
Subcommittee Consideration
On July 27, 2010, the Subcommittee on Disability Assistance
and Memorial Affairs met in open markup session and ordered
favorably forwarded to the full Committee H.R. 3787, as
amended, by voice vote. During consideration of the bill the
following amendment was considered:
An amendment in the nature of a substitute by Mrs.
Halvorson of Illinois to give members of the Guard and Reserve
the honor of calling themselves veterans was agreed to by voice
vote.
Committee Consideration
On September 15, 2010, the full Committee met in an open
markup session, a quorum being present, and ordered H.R. 3787,
as amended, 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 record votes taken on amendments or in connection
with ordering H.R. 3787 reported to the House. A motion by Mr.
Buyer of Indiana to order H.R. 3787, as amended, 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. 3787 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.
3787 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. 3787 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 27, 2010.
Hon. Bob Filner,
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. 3787, 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. 3787--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. 3787 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. 3787, 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. 3787 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 3787 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on 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. 3787 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.
3787.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for H.R. 3787 is provided by Article
I, section 8 of the Constitution 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 veterans status under law by honoring certain
members of the reserve components as veterans
This section would amend title 38, United States Code, by
creating a new section honoring as veterans, while specifically
providing no additional benefits, certain persons who performed
service in the reserve component.
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.
* * * * * * *