[House Report 110-772]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-772
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REPEAL OF SUNSET PROVISION FOR ADVISORY COMMITTEE ON MINORITY VETERANS
_______
July 24, 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. 674]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred the
bill (H.R. 674) to amend title 38, United States Code, to
repeal the provision of law requiring termination of the
Advisory Committee on Minority Veterans as of December 31,
2009, 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......................................................... 4
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
Statement of General Performance Goals and Objectives............ 5
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..................................... 7
Constitutional Authority Statement............................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill as Reported............. 7
Purpose and Summary
H.R. 674 was introduced by Representative Louis V.
Gutierrez of Illinois on January 24, 2007. This legislation
would repeal the provision of law requiring termination of the
Advisory Committee on Minority Veterans (ACMV) on December 31,
2009.
According to the 2000 Census, minority veterans comprise
over 14 percent of the total veteran population (9.7 percent
African American, 1.1 percent Asian, 0.7 percent Native
American, and 0.1 percent Hawaiian/Pacific Islander\1\).
Ensuring that compensation, health care, rehabilitation,
outreach, and other benefits and programs of the Department of
Veterans Affairs (VA) are fully integrated and equally
available to minority veterans is the primary mission of the
ACMV.
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\1\ Hispanics were not considered a unique racial category in the
Vet Pop 2004 data, therefore they are already counted.
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Background and Need for Legislation
The ACMV was created in response to concerns that there was
limited input and no representation in VA policies and planning
for minority veterans. The ACMV was established by section 510
of Public Law 103-446, which was enacted on November 2, 1994,
to support and inform the Center for Minority Veterans (CMV).
The CMV replaced the Office of the Chief Minority Affairs
Officer that had been created in Public Law 102-218. The ACMV
is currently set to expire on December 31, 2009. Congress has
extended the ACMV four previous times. H.R. 674 would provide
permanent authority for the ACMV.
The 15-member ACMV is appointed by the Secretary of
Veterans Affairs and is ethnically, racially, and culturally
diverse. It is specifically charged to focus on Pacific
Islanders, Asian, African, Hispanic/Latino and Native American
veterans. ACMV members make informed judgments about the
cultural, societal, and economic challenges facing minority
veterans based on their review of pertinent studies and
literature, site visits, and town hall meetings with minority
veterans. This process results in recommendations on behalf of
minority veterans to improve their access to the services and
resources of the Veterans Health Administration, the Veterans
Benefits Administration, and the National Cemetery
Administration. The ACMV advises the Secretary of Veterans
Affairs and submits an annual report to Congress outlining
recommendations, concerns and observations on VA's delivery of
services to minority veterans.
Since its inception in 1994, the ACMV has made a number of
critical observations documented in its annual reports to VA
and Congress. The ACMV identified these concerns during site
visits to locations such as Los Angeles, California and
Anchorage, Alaska. During these visits and other meetings the
ACMV identified numerous problem areas:
Inadequate and insufficient research in
health care, disability compensation, and other
benefits for minority veterans;
Insufficient ethnic representation on both
the Rating Panels and the Merit Review Boards;
Lack of genuine service and outreach
programs to minority veterans living in rural areas,
the Pacific Islands, or on reservations;
Elimination or modification of department or
regional programs without sufficient input or genuine
consideration of minority veterans' needs;
Absence of Minority Advisory Committee's
ability to provide direct information and advice to
Veterans Integrated Service Network (VISN) Directors
and Regional Office Directors on the needs and concerns
of minority veterans;
Inadequate process to pursue aggressively
alternative solutions to increase access to health
services;
Lack of definitive policies and sustaining
efforts to educate VA staff regarding exceptional
customer service appropriate to minority cultures;
Absence of ethnic identifiers on VA's
initial application forms;
Exclusion of veterans' preference status in
Part C, Title IV, Job Training Partnership Act; and,
Absence of aggressive programs that take
care of homeless minority veterans and provide
treatment for minority veterans suffering from alcohol
and drug dependencies.
The need for the ACMV was highlighted at a July 12, 2007,
joint hearing of the Subcommittee on Health and the
Subcommittee on Disability Assistance and Memorial Affairs of
the Committee on Veterans' Affairs regarding issues facing
women and minority veterans. The hearing assessed the
effectiveness of VA programs in addressing the needs of special
populations and heard recommendations for closing gaps and for
meeting the growing challenges resulting from the increasing
minority veteran population. Issues concerning military
transition and homelessness; access, affordability, travel
distances to health care facilities and regional offices; lack
of minorities at the senior staff level, and the disparities in
post-traumatic stress disorder (PTSD) compensation rates for
African Americans were identified during this hearing. Also
discussed at the hearing was the report of the VA's Health
Services and Research Development Service entitled Racial and
Ethnic Disparities in the VA Healthcare System: A Systematic
Review. This report documented the prevalence of racial and
ethnic disparities within clinical areas that resulted in
poorer health outcomes; described the sources of those
disparities; and, offered avenues for future research to
improve equity in VA health care. Recommendations were made
regarding improving outreach to minority veterans and assisting
with transportation; using telehealth to reach rural areas,
such as with Alaska natives and those living on the Navajo
reservation; expanding equitable mental health for all
generations of veterans; and, improving VA's claims assistance
process and employing electronic records, and enhancing staff
diversity.
At the July 31, 2007, Subcommittee on Disability Assistance
and Memorial Affairs hearing, Representative Luis V. Gutierrez
of Illinois submitted a statement explaining the importance of
the ACMV and referred to the issues of disparate claims
adjudication reported in the Chicago Sun-Times and the VA
Inspector General report regarding the Chicago regional office
as reasons for needing the ACMV. In discussing H.R. 674,
Representative Gutierrez stated that ``[u]nfortunately,
discrimination and cultural insensitivity remain problematic
for minority veterans at many VA facilities.''
The Committee agrees that the ACMV will still be needed in
the future. The unique concerns of minority veterans will
become increasingly important over the next decade since 17
percent of the troops currently serving in Iraq and Afghanistan
are African American, while 11 percent are Hispanic. The
concerns of these veterans and others will not disappear on
December 31, 2009--the current sunset date for the ACMV. The
Committee agrees with the VA's Health Services and Research
Development Service report that specific issues of concern to
minority veterans will need to be addressed further since these
veterans confront the debilitating effects of PTSD and
substance abuse in greater rates, and suffer from a higher
incidence of homelessness, than other veterans. The ACMV found
that access to health care for Native American veterans is a
more common problem than in other veteran populations. In
addition, access to adequate job training is difficult for many
minority veterans.
In the course of the hearing on July 31, 2007, the VA
testified in support of H.R. 674, stating that ``ACMV's reports
and recommendations have highlighted many of the challenges
confronting minority veterans, such as access to care,
disparities in health care for diseases that disproportionately
affect minorities, homelessness, unemployment, lack of
understanding of claims process, existence of limited medical
research, and statistical data related to minority veterans.
The VA has accepted many of the ACMV's recommendations and is
moving forward to implement them.''
The Committee believes that the ACMV is a valuable and
indispensible resource for the VA and should be made a
permanent entity within the Department.
Hearings
On July 12, 2007, the Subcommittee on Health and the
Subcommittee on Disability Assistance and Memorial Affairs held
a joint hearing on ``Issues Facing Women and Minority
Veterans.''
On July 31, 2007, the Subcommittee on Disability Assistance
and Memorial Affairs held a legislative hearing on a number of
bills introduced in the 110th Congress, including H.R. 674. The
following witnesses testified: The Honorable Nick J. Rahall II
of West Virginia; The Honorable Vito Fossella of New York; Mr.
Carl Blake, National Legislative Director, Paralyzed Veterans
of America; Mr. Eric A. Hilleman, Deputy Director, National
Legislative Service, Veterans of Foreign Wars of the United
States; Mr. Robert M. Fells, General Counsel and External Chief
Operating Officer, International Cemetery, Cremation and
Funeral Association; Mr. Raymond C. Kelley, Legislative
Director, American Veterans (AMVETS); Mr. Alec S. Petkoff,
Assistant Director, Veterans Affairs and Rehabilitation
Commission, The American Legion; Mr. Bradley G. Mayes,
Director, Compensation and Pension Service, Veterans Benefits
Administration, U.S. Department of Veterans Affairs,
accompanied by Mr. Richard Hipolit, Assistant General Counsel,
U.S. Department of Veterans Affairs, Ms. Lucretia McClenney,
Director, Center for Minority Veterans, U.S. Department of
Veterans Affairs, and Mr. Ronald E. Walters, Director, Office
of Finance and Planning, National Cemetery Association, U.S.
Department of Veterans Affairs. Those submitting statements for
the record included: The Honorable Luis V. Gutierrez of
Illinois, and Mr. Brian Lawrence, Assistant National
Legislative Director, Disabled American Veterans.
Committee Consideration
On July 16, 2008, the full Committee met in an open markup
session, a quorum being present, and ordered H.R. 674 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 in connection with ordering
H.R. 674 reported to the House. A motion by Mr. Buyer of
Indiana to order H.R. 674 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. 674 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.
674 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. 674 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, July 22, 2008.
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. 674, a bill to
amend title 38, United States Code, to repeal the provision of
law requiring termination of the Advisory Committee on Minority
Veterans as of December 31, 2009.
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, Director).
Enclosure.
H.R. 674--A bill to amend title 38, United States Code, to repeal the
provision of law requiring termination of the Advisory
Committee on Minority Veterans as of December 31, 2009
The authorization for the Advisory Committee on Minority
Veterans, which provides recommendations to the Congress and
the Secretary of Veterans Affairs on the provision of benefits
and services to minority veterans, will expire on December 31,
2009. H.R. 674 would repeal the provision of law that requires
termination of the committee, thereby extending the committee's
authorization indefinitely.
Based on information from the Federal Advisory Committees
Database--maintained by the General Services Administration--
the costs associated with staffing, travel, and administration
of the Advisory Committee on Minority Veterans were about
$250,000 in 2007. Assuming a similar cost in future years, CBO
estimates that implementing H.R. 674 would result in
discretionary outlays of about $1 million over the 2010-2013
period, assuming availability of appropriated funds. Enacting
H.R. 674 would not affect direct spending or revenues.
H.R. 674 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. This estimate was approved by Peter H. Fontaine,
Assistant Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 674 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.
674.
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. 674 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. Repeal of Sunset Provision for Advisory Committee on
Minority Veterans
This section amends section 544 of title 38, United States
Code, to eliminate the termination date for, and make
permanent, the Advisory Committee on Minority Veterans.
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 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 III--ADVISORY COMMITTEES
* * * * * * *
Sec. 544. Advisory Committee on Minority Veterans
(a) * * *
* * * * * * *
[(e) The Committee shall cease to exist December 31, 2009.]
* * * * * * *