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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-644
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VETERANS BENEFITS AWARENESS ACT OF 2008
_______
May 15, 2008.--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. 3681]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 3681) to amend title 38, United States Code, to
authorize the Secretary of Veterans Affairs to advertise in the
national media to promote awareness of benefits under laws
administered by the Secretary, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 2
Background and Discussion........................................ 2
Hearings......................................................... 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 5
Earmarks and Tax and Tariff Benefits............................. 5
Committee Cost Estimate.......................................... 5
Congressional Budget Office Estimate............................. 5
Federal Mandates Statement....................................... 6
Advisory Committee Statement..................................... 6
Constitutional Authority Statement............................... 6
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 amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Benefits Awareness Act of
2008''.
SEC. 2. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO ADVERTISE TO
PROMOTE AWARENESS OF BENEFITS UNDER LAWS
ADMINISTERED BY THE SECRETARY.
(a) Authority to Advertise.--Subchapter II of chapter 5 of title 38,
United States Code, is amended by adding at the end the following new
section:
``Sec. 532. Authority to advertise in national media
``The Secretary may purchase advertising in national media outlets
for the purpose of promoting awareness of benefits under laws
administered by the Secretary, including promoting awareness of
assistance provided by the Secretary, including assistance for programs
to assist homeless veterans, to promote veteran-owned small businesses,
and to provide opportunities for employment in the Department of
Veterans Affairs and for education, training, compensation, pension,
vocational rehabilitation, and healthcare benefits, and mental
healthcare (including the prevention of suicide among veterans).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
531 the following:
``532. Authority to advertise in national media.''.
Purpose and Summary
H.R. 3681 was introduced on September 27, 2007, by
Representative John Boozman of Arkansas, the Ranking Member of
the Subcommittee on Economic Opportunity, and cosponsored by
Representative Stephanie Herseth Sandlin of South Dakota, the
Chairwoman of the Subcommittee on Economic Opportunity. The
legislation would authorize the Secretary of the Department of
Veterans Affairs (VA) to purchase advertising in national media
outlets to promote awareness of veterans' benefits.
Background and Discussion
Advertising by the Department of Defense (DoD) has been
shown to be an effective tool for outreach to the public and
has increased the number of high-quality enlistments for the
DoD, as demonstrated by a study prepared for the Secretary of
Defense (James N. Dertouzos, Steven Garber, Is Military
Advertising Effective?: An Estimation Methodology and
Application to Recruiting in the 1980s and 90s) (Rand, 2003).
Television advertising accounts for more than 50 percent of
DoD-wide advertising expenditures. Extrapolating from the
success that DoD has had with their use of television
advertising, the VA should adopt a similar blueprint. H.R. 3681
would assist in addressing the VA's public outreach deficiency
to veterans and their families. Issues such as veteran
homelessness, economic opportunities, and suicide have received
much attention recently. The VA should seek to address these
pressing issues with its media strategy.
Prohibitions against using appropriated funds for
``publicity or propaganda'' purposes have been in place since
1951. It is a violation of the Anti-Deficiency Act, 5 U.S.C.
Sec. 1341, to expend appropriated funds for publicity or
propaganda purposes. This prohibition was most recently applied
to funds appropriated to the VA by Public Law 110-161, the
Consolidated Appropriations Act of 2008. Section 404 of title
IV of Division I states:
No part of any funds appropriated in this Act shall
be used by an agency of the executive branch, other
than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes,
and for the preparation, distribution or use of any
kit, pamphlet, booklet, publication, radio, television
or film presentation designed to support or defeat
legislation pending before Congress, except in
presentation to Congress itself.
Although Executive Branch Departments and Agencies are
prohibited from using appropriated funds to engage in
``publicity or propaganda,'' there is no such prohibition
against disseminating information about current benefits,
policies and activities. Military recruiting advertising
campaigns are a primary example of an acceptable use of
appropriated funds. The Committee believes that advertising the
availability of veterans' benefits and services by the VA would
not violate the ``publicity or propaganda'' clause and would be
an important tool for the Department to further its outreach
goals regarding programs administered by the VA.
The DoD uses advertising expenditures to highlight benefits
such as education under the GI Bill to recruit servicemembers;
therefore, the VA should use the power of the media to conduct
outreach and educate veterans about the VA benefits they have
earned through military service. Although the Committee
believes that the VA already possesses the authority to
undertake such advertising, H.R. 3681 provides clear and
concise authority for the VA to purchase advertising to promote
awareness of veterans' benefits.
Hearings
On April 16, 2008, the Subcommittee on Economic Opportunity
held a legislative hearing on a number of bills, including H.R.
3889. The following witnesses testified: The Honorable Bob
Filner of California; The Honorable Steve Buyer of Indiana; The
Honorable Ciro D. Rodriguez of Texas; The Honorable Cliff
Stearns of Florida; The Honorable John A. Yarmuth of Kentucky;
The Honorable Robin Hayes of North Carolina; The Honorable
Artur Davis of Alabama; The Honorable Patrick J. Murphy of
Pennsylvania; Mr. Ronald F. Chamrin, Assistant Director,
Economic Commission, The American Legion; Mr. Justin Brown,
Legislative Associate, National Legislative Service, Veterans
of Foreign Wars; Mr. Richard Daley, Associate Legislative
Director, Paralyzed Veterans of America; Mr. Patrick M.
Campbell, Legislative Director, Iraq and Afghanistan Veterans
of America; Col. Robert F. Norton, USA (Ret.), Deputy Director,
Government Relations, Military Officers Association of America;
The Honorable Charles S. Ciccolella, Assistant Secretary,
Veterans' Employment and Training Service, U.S. Department of
Labor; Mr. Thomas L. Bush, Acting Deputy Assistant Secretary of
Defense for Reserve Affairs, U.S. Department of Defense; Mr.
Curtis L. Gilroy, Director for Accession Policy, Office of the
Under Secretary of Defense for Personnel and Readiness, U.S.
Department of Defense; and Mr. Keith Pedigo, Associate Deputy
Under Secretary, Policy and Program Management, U.S. Department
of Veterans Affairs, accompanied by Mr. John Brizzi, Staff
Attorney, Office of General Counsel, U.S. Department of
Veterans Affairs. Those submitting statements for the record
included: Mr. Jot D. Carpenter Jr., Vice President, Government
Affairs, CTIA--The Wireless Association; Mr. Kerry Baker,
Associate National Legislative Director, Disabled American
Veterans; and, Mr. Kyle McSlarrow, President and Chief
Executive Officer, National Cable and Telecommunications
Association.
Committee Consideration
On April 23, 2008, the Subcommittee on Economic Opportunity
met in open markup session and ordered favorably forwarded to
the full Committee H.R. 3681, without amendment, by voice vote.
On April 30, 2008, the full Committee met in open markup
session, a quorum being present, and ordered H.R. 3681, as
amended, favorably reported to the House of Representatives, by
voice vote. During consideration of the bill the following
amendments were considered:
A perfecting amendment by Mr. Buyer of Indiana to the
amendment offered by Mr. Walz of Minnesota to include a non-
exhaustive list of veterans benefits and assistance offered by
the VA that the VA may advertise, including homeless veterans
programs, promotion of veteran-owned small businesses,
opportunities for employment in the VA, opportunities for
education, training, compensation, pension, vocational
rehabilitation, healthcare benefits, and suicide prevention
among the veteran population, was agreed to by voice vote.
An amendment by Mr. Walz of Minnesota to include
``promoting awareness of assistance provided by the Secretary
to prevent suicide among veterans,'' was agreed to by voice
vote after the Committee agreed to the perfecting amendment
offered by Mr. Buyer of Indiana.
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. 3681 reported to the House. A motion by Mr.
Buyer of Indiana to order H.R. 3681, 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. 3681 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) 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.
3681 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. 3681 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, May 13, 2008.
Honorable 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. 3681, the Veterans
Benefits Awareness Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Dwayne M.
Wright.
Sincerely,
Robert A. Sunshine
(For Peter R. Orszag).
Enclosure
H.R. 3681--Veterans Benefits Awareness Act of 2007
H.R. 3681 would clarify that the Department of Veterans
Affairs (VA) has the authority to advertise in the national
media for the purposes of promoting awareness of VA programs to
prevent suicide and provide other benefits.
VA reports that it currently has authority to advertise in
the national media but uses it rarely. Therefore, CBO estimates
that implementing H.R. 3681 would have no effect on the federal
budget.
H.R. 3681 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. This 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. 3681 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.
3681.
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. 3681 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. Short title
This section would provide the short title of H.R. 3681 as
the ``Veterans Benefits Awareness Act of 2008.''
Section 2. Authority of Secretary of Veterans Affairs to advertise to
promote awareness of benefits under laws administered by the
Secretary
This section would amend section 532 of title 38, United
States Code to provide the Secretary of Veterans Affairs with
the authority to advertise in national media outlets for the
purpose of promoting awareness of benefits under laws
administered by the Secretary.
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 5--AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER I--GENERAL AUTHORITIES
Sec.
501. Rules and regulations.
* * * * * * *
SUBCHAPTER II--SPECIFIED FUNCTIONS
* * * * * * *
532. Authority to advertise in national media.
* * * * * * *
SUBCHAPTER II--SPECIFIED FUNCTIONS
* * * * * * *
Sec. 532. Authority to advertise in national media
The Secretary may purchase advertising in national media
outlets for the purpose of promoting awareness of benefits
under laws administered by the Secretary, including promoting
awareness of assistance provided by the Secretary, including
assistance for programs to assist homeless veterans, to promote
veteran-owned small businesses, and to provide opportunities
for employment in the Department of Veterans Affairs and for
education, training, compensation, pension, vocational
rehabilitation, and healthcare benefits, and mental healthcare
(including the prevention of suicide among veterans).
* * * * * * *
