Library / Laws / 113th / hr / H.R. 1492 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 1492
IN THE HOUSE OF REPRESENTATIVES
April 11, 2013
Mr. McDermott (for
himself, Mr. Blumenauer,
Mrs. Capps,
Mr. Farr, Ms. Norton, Mr.
Jones, Mr. Rush,
Ms. Wilson of Florida,
Mr. Ryan of Ohio,
Ms. Sinema,
Mr. Enyart,
Mr. Cicilline,
Ms. Bordallo,
Mr. Lowenthal,
Mr. Vargas,
Mr. Grijalva,
Ms. Lee of California, and
Mr. McNerney) introduced the following
bill; which was referred to the Committee
on Veterans’ Affairs, and in addition to the Committee on
Armed Services, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To establish the Commission on America and its
Veterans.
1.
Establishment of
Commission
There is
established an independent commission in the executive branch to be known as
the Commission on America and its Veterans (referred to in this
Act as the Commission).
2.
Findings
Congress finds the following:
(1) After more than a
decade of war, and much work to help members of the Armed Forces returning home
from the battlefield, the United States needs a wider and more thorough process
for welcoming members back, taking care of their needs, and reintegrating them
into society.
(2) Many initiatives
exist that provide help for the men and women who have fought, but there are
gaps in our support for veterans that need to be addressed.
(3) The United States
has waged wars, but not all are involved in fighting those wars, and the United
States needs to be more deeply and regularly connected with members and their
experiences in war and returning from war.
(4) Veterans
contribute mightily to the society of the United States but many veterans
endure ongoing psychological trauma, challenges with employment, crime and
dislocation, and veterans’ families and communities are also faced with the
after-effects of war in ways that need to be publicly addressed.
(5) The Nation needs a whole-of-society
approach to improving the veteran’s position in society, and improving how we
welcome veterans when they return, and improving veterans’ experience when they
come back, and do so in a way that helps veterans, their families, and their
communities.
3.
Duties of
Commission
(a)
In
general
The Commission shall—
(1) not later than January 31, 2014, submit to
the President and Congress a report suggesting ceremonies and events to be held
throughout the United States to acknowledge the wars recently fought and for
the heroism displayed by members of the Armed Forces and the costs in lives and
injuries paid by members, families, and communities;
(2) not later than
December 31, 2014, submit to the President and Congress a report on the
findings, conclusions, and legislative or other recommendations of the
Commission with respect to any deficiency in how the United States welcomes
back members of the Armed Forces returning home, including—
(A) by studying the
entirety of the reintegration experience on the member, the family of the
member, and the community of the member to identify any such deficiencies that
can be addressed to make such reintegration a complete and positive experience;
and
(B) with a particular
emphasis on the effects of post-traumatic stress and the other social and
health issues of members and veterans;
(3) not later than 120
days after the date of the enactment of this Act, begin convening conversations
throughout the United States—
(A) on the effect of
war on members, the families of members, and the communities of members;
and
(B) addressing the
reintegration experience and the gap between the military, veterans, and
civilian life; and
(4) beginning on the date that is 180 days
after the date of the enactment of this Act, and at regular intervals
thereafter during the life of the Commission, including a final report at the
end of such life, submit to the Secretary of Veterans Affairs recommendations
regarding the Office of Armed Services and Veterans Public Outreach established
under section 9, including how to best conduct an ongoing interaction between
members of the Armed Forces, veterans, and civilians, particularly with young
people, in which members and veterans share their stories and the effect of
their service and reintegration experience directly with civilians and for
recorded history.
(b)
Interim
reports
The Commission may submit to the President and Congress
interim reports containing such findings, conclusions, and recommendations as
have been agreed to by a majority of Commission members.
4.
Composition of
Commission
(a)
Members
The
Commission shall be composed of 18 members as follows:
(1) One member, who shall serve as chairman of
the Commission, shall be appointed by the President.
(2) One member, who shall serve as vice
chairman of the Commission, shall be appointed by the Speaker of the House of
Representatives.
(3) Four members shall
be appointed by the majority leader of the Senate.
(4) Four members shall
be appointed by the Speaker of the House of Representatives (in addition to the
one member appointed under paragraph (2)).
(5) Four members shall
be appointed by the minority leader of the Senate.
(6) Four members shall
be appointed by the minority leader of the House of Representatives.
(b)
Qualifications
(1)
Expertise
Members of the Commission shall be
appointed from among individuals who have personally and professionally
experienced the effects of war on the Armed Forces, families, and
society.
(2)
Nongovernmental
appointees
Members of the
Commission may not be an officer or employee of the Federal Government.
(3)
Veterans
included
Not less than one
member of the Commission appointed under each of paragraphs (3) through (6) of
subsection (a) shall be a veteran.
(4)
Deadline for
appointment
Members of the
Commission shall be appointed not later than 30 days after the date of the
enactment of this Act.
(c)
Vacancies
Except as provided in subsection (e)(3)
with respect to a quorum, any vacancy in the Commission shall not affect its
powers. A vacancy in the Commission shall be filled in the manner in which the
original appointment was made.
(d)
Compensation
(1)
Pay
Except
as provided by paragraph (2), members of the Commission shall serve without
pay.
(2)
Travel
expenses
Each member shall
receive travel expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of chapter 57 of title
5, United States Code, including section 5703.
(e)
Initial meeting;
rules of procedure; quorum
(1)
Initial
meeting
The Commission shall hold the initial meeting of the
Commission not later than 60 days after the date of the enactment of this
Act.
(2)
Meetings
After
the initial meeting under paragraph (1), the Commission shall meet at the call
of the chairman or a majority of members.
(3)
Quorum
Ten members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
(4)
Rules of
procedure
The Commission may establish rules for the conduct of
the business of the Commission, if such rules are not inconsistent with this
Act or other applicable law.
5.
Powers of
Commission
(a)
Hearings
For the purpose of carrying out this Act,
the Commission (or on the authority of the Commission, any subcommittee,
member, or designated staff thereof), may hold such hearings and sit and act at
such times and places, take such testimony, receive such evidence, and
administer such oaths as the Commission considers appropriate. The Commission
shall hold not less than one hearing in each of the several States and the
District of Columbia and may hold hearings in any commonwealth, territory, or
possession of the United States as the Commission determines
appropriate.
(b)
Contracting
To the extent or in the amounts provided in
advance in appropriation Acts, the Commission may enter into contracts to
enable the Commission to carry out the responsibilities of the Commission under
this Act.
(c)
Information from
federal agencies
The
Commission may secure directly from any department or agency of the United
States information necessary to enable it to carry out this Act. Upon request
of the chairman of the Commission, the chairman of any subcommittee created by
a majority of the Commission, or any member designated by a majority of the
Commission, the head of that department or agency shall furnish that
information to the Commission.
(d)
Assistance from
federal agencies
(1)
General services
administration
Upon the
request of the Commission, the Administrator of General Services shall provide
to the Commission, on a reimbursable basis, the administrative support services
and other services necessary for the Commission to carry out the
responsibilities of the Commission under this Act.
(2)
Other
departments and agencies
In
addition to the assistance described in paragraph (1), the head of any
department or agency of the United States may provide to the Commission such
services, funds, facilities, staff, and other support services as they may
determine advisable and as may be authorized by law.
(e)
Gifts
The Commission may accept, use, and dispose
of gifts, bequests, or devises of services or property, both real and personal,
for the purpose of aiding or facilitating the work of the Commission. Gifts,
bequests, or devises of money and proceeds from sales of other property
received as gifts, bequests, or devises shall be deposited in the Treasury and
shall be available for disbursement upon order of the chairman, vice chairman,
or designee.
(f)
Mails
The Commission may use the United States
mails in the same manner and under the same conditions as other departments and
agencies of the United States.
6.
Staff
(a)
In
general
(1)
Appointment and
compensation
The chairman, in accordance with rules agreed upon
by the Commission, shall appoint and fix the compensation of a staff director
and such other personnel as may be necessary to enable the Commission to carry
out the responsibilities of the Commission, without regard to the provisions of
title 5, United States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and General Schedule pay
rates, except that no rate of pay fixed under this subsection may exceed the
equivalent of that payable for a position at level III of the Executive
Schedule under section 5316 of title 5, United States Code.
(2)
Personnel as
federal employees
The
executive director and any employee of the Commission (not including members
appointed under section 4(a)) shall be employees under section 2105 of title 5,
United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90
of that title.
(b)
Detailees
Any
employee of the Federal Government may be detailed by the head of the
department or agency of the employee to the Commission without reimbursement
from the Commission, and such detailee shall retain the rights, status, and
privileges of the detailee’s regular employment without interruption.
(c)
Expert and
consultant services
The Commission may procure the services of
experts and consultants in accordance with section 3109 of title 5, United
States Code, but at rates not to exceed the daily rate paid a person occupying
a position at level IV of the Executive Schedule under section 5315 of title 5,
United States Code.
(d)
Volunteer
Services
Notwithstanding
section 1342 of title 31, United States Code, the Commission may accept and use
voluntary and uncompensated services as the Commission determines
necessary.
7.
Nonapplicability
of Federal Advisory Committee Act
(a)
In
general
The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Commission.
(b)
Public meetings
and release of public versions of reports
The Commission
shall—
(1) hold public
hearings and meetings to the extent appropriate; and
(2) release public
versions of the reports required under section 3.
(c)
Public
hearings
Any public hearings of the Commission shall be conducted
in a manner consistent with the protection of information provided to or
developed for or by the Commission as required by any applicable law,
regulation, or Executive order.
8.
Termination
(a)
Termination
(1)
In
general
The Commission shall terminate on May 31, 2016.
(2)
Administrative
activities before termination
The Commission may use the 60-day
period preceding the date on which it terminates under paragraph (1) for the
purpose of concluding its activities, including providing testimony to
committees of Congress concerning its reports and disseminating the final
report.
9.
Establishment of
Office of Armed Services and Veterans Public Outreach
(a)
Establishment
The Secretary of Veterans Affairs shall
establish within the Department of Veterans Affairs an Office of Armed Services
and Veterans Public Outreach (in this section referred to as the
Office).
(b)
Duties
The Office shall work with the Armed
Forces, veterans service organizations, the private and public sectors,
nonprofit organizations, local educational agencies, and other organizations to
help match veterans and members of the Armed Forces with civilian audiences in
order for private and nonprofit organizations to conduct ongoing interactions
between members, veterans, and civilians, particularly with young people, in
which members and veterans share their stories and the effect of their service
and reintegration experience directly with civilians and for recorded
history.
10.
Funding
This Act shall not be construed to increase
the amount of appropriations that are authorized to be appropriated for any
fiscal year.
11.
Veteran
defined
In this section, the
term veteran has the meaning given that term in section 101(2) of
title 38, United States Code.