[House Report 112-233]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-233

======================================================================

 
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

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PART I--GENERAL PROVISIONS

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                           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.

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