[House Report 112-80]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-80
======================================================================
DIRECTING THE SECRETARY OF VETERANS AFFAIRS TO ESTABLISH A VETSTAR
AWARD PROGRAM
_______
May 20, 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. 802]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred the
bill (H.R. 802) to direct the Secretary of Veterans Affairs to
establish a VetStar Award Program, 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....................................... 4
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:
Amendment in the Nature of a Substitute to H.R. 802
Offered by Mr. Filner
Strike all after the enacting clause and insert the
following:
SECTION 1. VETSTAR AWARD PROGRAM.
(a) In General.--Section 532 of title 38, United States Code, is
amended--
(1) by striking ``The Secretary may'' and inserting ``(a)
Advertising in National Media.--The Secretary may''; and
(2) by adding at the end the following new subsection:
``(b) VetStar Award Program.--(1) The Secretary shall establish an
award program, to be known as the `VetStar Award Program', to annually
recognize businesses for their contributions to veterans' employment.
``(2) The Secretary shall establish a process for the administration
of the award program, including criteria for--
``(A) categories and sectors of businesses eligible for
recognition each year; and
``(B) objective measures to be used in selecting businesses
to receive the award.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended
by adding at the end the following: ``; VetStar Award
Program''.
(2) Table of sections.--The table of sections at the
beginning of chapter 5 of such title is amended by striking the
item relating to section 532 and inserting the following new
item:
``532. Authority to advertise in national media; VetStar Award
Program.''.
Amend the title so as to read:
A bill to amend title 38, United States Code, to direct
the Secretary of Veterans Affairs to establish a VetStar Award
Program.
Purpose and Summary
H.R. 802 was introduced on February 18, 2011 by
Representative Bob Filner of California. H.R. 802 directs the
Secretary of Veterans Affairs (VA) to establish the VetStar
Award Program, to annually recognize businesses for their
contributions to veterans' employment.
Background and Need for Legislation
Veterans have experienced higher than normal rates of
unemployment during the current economic recession as shown by
the following table derived from data provided by the Bureau of
Labor Statistics (BLS):
During the 111th Congress, the Subcommittee on Economic
Opportunity received testimony from veteran stakeholders
concerning the rates of unemployment among some veterans when
compared to their civilian counterparts, and the challenges
faced by the small business community. This sentiment was
shared by veteran stakeholders at the March 3, 2011
subcommittee hearing on Veterans' Employment and Training
Service's Budget and State Grant Program.
In 2010, the U.S. Bureau of Labor Statistics stated that
the ``unemployment rate for veterans who served in the military
since September 2001--a group referred to as Gulf War-era II
veterans--was 10.3 percent in 2009.'' The following table
illustrates the effects of the recent economic downturn on Gulf
Era II veterans when compared with their non-veteran peers.
EMPLOYMENT STATUS OF GULF WAR-ERA II VETERANS AGE 18 AND OVER, NOT SEASONALLY ADJUSTED, JANUARY 2006-PRESENT
[Levels in thousands]
----------------------------------------------------------------------------------------------------------------
Civilian labor force
----------------------------------------------------------------
Civilian Employed Unemployed Not in
Month and year noninstitutional Percent of ------------------------------------------ the
population Total Percent of labor
population Total Total Rate force
population
----------------------------------------------------------------------------------------------------------------
Apr-07.............. 1,483 1,270 85.6 1,206 81.3 64 5.0 214
Apr-08.............. 1,591 1,328 83.5 1,254 78.8 74 5.6 263
Apr-09.............. 1,902 1,552 81.6 1,392 73.2 160 10.3 350
Apr-10.............. 2,101 1,694 80.6 1,472 70.0 223 13.1 407
Apr-11.............. 2,466 1,962 79.5 1,748 70.9 214 10.9 505
----------------------------------------------------------------------------------------------------------------
EMPLOYMENT STATUS OF NONVETERANS AGE 18 AND OVER, NOT SEASONALLY ADJUSTED, JANUARY 2006-PRESENT
[Levels in thousands]
----------------------------------------------------------------------------------------------------------------
Civilian labor force
---------------------------------------------------------------- Not in
Civilian Employed Unemployed the
Month and year noninstitutional Percent of ------------------------------------------ labor
population Total population Percent of force
Total population Total Rate
----------------------------------------------------------------------------------------------------------------
Apr-07.............. 199,254 136,602 68.6 131,000 65.7 5,602 4.1 62,652
Apr-08.............. 201,747 138,495 68.6 132,119 65.5 6,375 4.6 63,252
Apr-09.............. 203,975 139,733 68.5 127,950 62.7 11,783 8.4 64,242
Apr-10.............. 206,378 140,337 68.0 127,291 61.7 13,046 9.3 66,041
Apr-11.............. 208,727 139,957 67.1 128,072 61.4 11,885 8.5 68,771
----------------------------------------------------------------------------------------------------------------
As seen in the tables above, Gulf War-era II veterans have
experienced unemployment rates above their non-veteran
counterparts for several years. The Committee believes it is
important to use every available avenue to reduce unemployment
among all veterans, especially those who are now returning from
combat. One of the ways to show the nation's appreciation to
employers who are meeting that challenge is to recognize
companies who set an aggressive standard for hiring, retaining,
and promoting veterans.
Therefore, H.R. 802 will highlight hiring efforts by
employers by creating an incentive for businesses to employ
veterans by directing the VA to develop a low-cost, annual
awards program that recognize businesses who excel at hiring
veterans. The award can be displayed by business owners to
emphasize their business' commitment to the veteran community.
The program requirements and selection process would be
determined and run by the Department of Veterans Affairs (VA).
Hearings
On May 3, 2011, the Subcommittee on Economic Opportunity
conducted a legislative hearing on various bills introduced
during the 112th Congress, including H.R. 802. The Following
witnesses testified: Ms. Christina M. Roof, National Acting
Legislative Director for AMVETS; Mr. Tom Tarantino, Senior
Legislative Associate with Iraq and Afghanistan Veterans of
America; Mr. Shane Barker, Senior Legislative Associate of the
National Legislative Service with the Veterans of Foreign Wars
of the United States; Mr. Robert Madden, Assistant Director for
the National Economic Commission with The American Legion; Mr.
Andrew Connolly, a service disabled veteran from Dubuque, IA;
and Mr. Keith M. Wilson, Director of Education Service,
Veterans Benefit Administration, with the U.S. Department of
Veterans Affairs, accompanied by Mr. Jan R. Frye, Deputy
Assistant Secretary for Acquisitions and Logistics, and Mr. F.
John. Brizzi, Deputy Assistant General Counsel with the U.S.
Department of Veterans Affairs. Those submitting statements for
the record included: Mr. Dr. Vivianne Cisneros Wersel, Au.D.,
Chair of the Government Relations Committee with the Gold Star
Wives of America, Inc.; Dorothy Gillman, President of the
National Association of Veterans Programs Administrators;
Paralyzed Veterans of America; and Vice Admiral (Ret.) Norbert
R. Ryan, Jr. President of the Military Officers Association of
America.
Subcommittee Consideration
On March 5, 2011, the Subcommittee on Economic Opportunity
met in an open markup session and ordered favorably forwarded
to the full Committee H.R. 802 by voice vote.
Committee Consideration
On May 12, 2011, the full Committee met in an open markup
session, a quorum being present, and ordered H.R. 802, as
amended, reported favorably to the House of Representatives, by
voice vote. During consideration of the bill the following
amendment was considered:
An amendment in the nature of a substitute, offered by
Ranking Member Bob Filner of California, which amended section
532 of title 38, United States Code, to include the provisions
of H.R. 802 as introduced was agreed to 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 to or in
connection with ordering H.R. 802 reported to the House. A
motion by Mr. Braley of Iowa to order H.R. 802, 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. 802 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.
802 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. 802 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 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. 802, a bill to
amend title 38, United States Code, to direct the Secretary of
Veterans Affairs to establish a VetStar Award Program.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is William Ma.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 802--A bill to amend title 38, United States Code, to direct the
Secretary of Veterans Affairs to establish a VetStar Award
Program
H.R. 802 would require the Secretary of Veterans Affairs to
establish an award program to annually recognize businesses for
their contributions to veterans' employment.
Based on information from the Department of Veterans
Affairs (VA), CBO anticipates that establishing and
implementing such an award program would impose few workload
and budgetary requirements on VA. We expect that the award
program would require VA staff to develop the award criteria,
advertise the program, review nominations, and select winners.
Award recipients would be recognized with awards such as
trophies and plaques. Assuming the availability of the
necessary funds, CBO estimates that implementing this bill
would cost less than $500,000 over the 2012-2016 period for
additional personnel costs and to purchase awards and
administrative supplies.
Enacting H.R. 802 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 802 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 William Ma. 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. 802 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.
802.
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. 802 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. VetStar Award Program
This section directs the Secretary of Veterans Affairs to
establish a VetStar award program to annually recognize
businesses who have made significant contributions for veterans
employment.
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 (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, 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.]
532. Authority to advertise in national media; VetStar Award Program.
* * * * * * *
Subchapter II--Specified Functions
* * * * * * *
Sec. 532. Authority to advertise in national media; VetStar Award
Program
[The Secretary may]
(a) Advertising 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) VetStar Award Program.--(1) The Secretary shall
establish an award program, to be known as the ``VetStar Award
Program'', to annually recognize businesses for their
contributions to veterans' employment.
(2) The Secretary shall establish a process for the
administration of the award program, including criteria for--
(A) categories and sectors of businesses eligible for
recognition each year; and
(B) objective measures to be used in selecting
businesses to receive the award.
* * * * * * *