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114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-302
======================================================================
HONOR AMERICA'S GUARD-RESERVE RETIREES ACT
_______
October 21, 2015.--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. 1384]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 1384) 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
Constitutional Authority Statement............................... 5
Applicability to Legislative Branch.............................. 5
Statement on Duplication of Federal Programs..................... 5
Disclosure of Directed Rulemaking................................ 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill as Reported............. 6
Purpose and Summary
H.R. 1384, the ``Honor America's Guard-Reserve Retirees
Act,'' was introduced by Representative Timothy Walz of
Minnesota on March 16, 2015. H.R. 1384 would provide honorary
veteran status to those members of the National Guard or
Reserve who have served for 20 years and do not meet the full
requirements for veteran status under title 38, United States
Code.
Background and Need for Legislation
The National Guard and Reserve components 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
augmenting active duty forces with both combat and combat
support units and by responding in times of local and national
disasters.
Section 101(2) of title 38, U.S.C., defines a ``veteran''
as ``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.
National Guard and Reserve members who completed twenty 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 as has been
demonstrated by the call up of thousands of reserve component
forces during the first and second Gulf War eras. H.R. 1384
would confer honorary veteran status on those individuals who
are entitled under chapter 1223 of title 10, U.S.C., to retired
pay for nonregular service or who would be entitled to retired
pay, but for age. Further, this legislation would ensure that
those who receive the honorary recognition as ``veterans'''
conferred in the bill would not be entitled to any benefit
under the laws administered by the Secretary of Veterans
Affairs solely by reason of such recognition.
Hearings
On June 24, 2015, the Subcommittee on Disability Assistance
and Memorial Affairs conducted a legislative hearing on various
bills introduced during the 114th Congress, including H.R.
1384.
The following witnesses testified:
The Honorable Bill Johnson, U.S. House of
Representatives; Mr. David R. McLenachen, Acting Deputy
Under Secretary for Disability Assistance, Veterans
Benefits Administration, U.S. Department of Veterans
Affairs; Mr. Zachary Hearn, Deputy Director for Claims,
Veterans Affairs and Rehabilitation Division, The
American Legion; Mr. Paul R. Varela, Assistant National
Legislative Director, Disabled American Veterans; Mr.
Aleks Morosky, Deputy Director, National Legislative
Service, Veterans of Foreign Wars; Ms. Diane Zumatto,
National Legislative Director, AMVETS; and Mr. Chris
Neiweem, Legislative Associate, Iraq and Afghanistan
Veterans of America.
Statements for the record were submitted by the following:
The Honorable Bob Latta, U.S. House of
Representative; the Honorable Bill Shuster, U.S. House
of Representatives; and, the Paralyzed Veterans of
America.
Subcommittee Consideration
On July 9, 2015, the Subcommittee on Disability Assistance
and Memorial Affairs met in an open markup session, a quorum
being present, and favorably forwarded H.R. 1384 to the full
Committee.
Committee Consideration
On September 17, 2015, the full Committee met in an open
markup session, a quorum being present, and ordered H.R. 1384
reported favorably to the House of Representatives.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
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. 1384 reported to the House. A
motion by Ranking Member Corrine Brown of Florida to report
H.R. 1384 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 Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee establishes the
following performance related goals and objectives for this
legislation:
The Secretary will use the authority granted by this
legislation to honor as a veteran, any person who
served our nation and who is entitled to retired pay
for nonregular service, or, but for age, would be
entitled to retired pay. However, this legislation
would not bestow any VA benefits on any individual who
is recognized as a veteran based solely on this Act.
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. 1384 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.
1384 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. 1384 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, October 13, 2015.
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. 1384, the Honor
America's Guard-Reserve Retirees Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Dwayne M.
Wright.
Sincerely,
Keith Hall.
Enclosure
H.R. 1384--Honor America's Guard-Reserve Retirees Act
H.R. 1384 would grant certain retired reservists the status
of honorary veteran. Individuals who served at least 20 years
in the reserves and were never called to active duty would be
eligible for this honorary status. Under H.R. 1384, 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. 1384 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 1384 would not increase
net direct spending or on-budget deficits more than $5 billion
in any of the four consecutive 10-year periods beginning in
2026. H.R. 1384 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 H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 1384 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.
1384.
Constitutional Authority Statement
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.
Statement on Duplication of Federal Programs
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 1384 establishes
or reauthorizes a program of the Federal Government known to be
duplicative of another Federal program, a program that was
included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most
recent Catalog of Federal Domestic Assistance.
Disclosure of Directed Rulemaking
Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015),
the Committee estimates that H.R. 1384 contains no directed
rule making that would require the Secretary to prescribe
regulations.
Section-by-Section Analysis of the Legislation
Section 1--Short title; table of contents
Section 1 would establish the bill's short title as the
``Honor America's Guard-Retirees Act''.
Section 2--Provision of status under law by honoring certain members of
the reserve components as veterans
Section 2(a) would honor as a veteran any person entitled
to retired pay for nonregular service or who would be entitled
to retired pay, but for age.
Section 2(b) would clarify that an individual's recognition
as ``veteran'' under this Act would not entitle that individual
to VA benefits based solely on that recognition.
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.
* * * * * * *
[all]
