II

103D CONGRESS

2D SESSION S. 2429

To amend title 38, United States Code, to establish in the Department

of Veterans Affairs an Office for Women Veterans and an Office for

Minority Veterans, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 25 (legislative day, AUGUST 18), 1994

Mr. AKAKA introduced the following bill; which was read twice and referred

to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to establish in the

Department of Veterans Affairs an Office for Women

Veterans and an Office for Minority Veterans, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. OFFICE FOR MINORITY VETERANS.

4 (a) IN GENERAL.—Section 317 of title 38, United

5 States Code, is amended to read as follows:

6 ‘‘§ 317. Office for Minority Veterans

7 ‘‘(a) There is in the Department an Office for Minor8 ity Veterans.
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1 ‘‘(b)(1) There is at the head of the Office a Director

2 who shall be appointed by the Secretary. The Director

3 shall be a career appointee in the Senior Executive Serv4 ice. In appointing the Director, the Secretary shall give

5 preference to the appointment of a veteran. The Director

6 shall be appointed for a term of six years and may be

7 reappointed for an additional term.

8 ‘‘(2) There is in the Office a Deputy Director who

9 is the principal assistant of the Director. The Deputy Di10 rector shall perform such functions as the Director shall

11 prescribe.

12 ‘‘(c) The Director reports directly to the Secretary

13 or the Deputy Secretary concerning the activities of the

14 Office.

15 ‘‘(d) The Director shall perform the following func16 tions with respect to veterans who are minority group

17 members:

18 ‘‘(1) Serve as principal adviser to the Secretary

19 on the adoption and implementation of policies and

20 programs affecting veterans who are minority group

21 members.

22 ‘‘(2) Make recommendations to the Secretary,

23 the Under Secretary for Health, the Under Sec24 retary for Benefits, and other Department officials

25 for the establishment or improvement of programs in
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1 the Department for which veterans who are minority

2 group members are eligible.

3 ‘‘(3) Promote the use of benefits authorized by

4 this title by veterans who are minority group mem5 bers and the conduct of outreach activities to veter6 ans who are minority group members, in conjunction

7 with outreach activities carried out under chapter 77

8 of this title.

9 ‘‘(4) Disseminate information and serve as a re10 source center for the exchange of information re11 garding innovative and successful programs which

12 improve the services available to veterans who are

13 minority group members.

14 ‘‘(5) Conduct and sponsor appropriate social

15 and demographic research on the needs of veterans

16 who are minority group members and the extent to

17 which programs authorized under this title meet the

18 needs of those veterans, without regard to any law

19 concerning the collection of information from the

20 public.

21 ‘‘(6) Analyze and evaluate complaints made by

22 or on behalf of veterans who are minority group

23 members about the adequacy and timeliness of serv24 ices provided by the Department and advise the ap-
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1 propriate official of the Department of the results of

2 such analysis or evaluation.

3 ‘‘(7) Consult with, and provide assistance and

4 information to, officials responsible for administering

5 Federal, State, local, and private programs that as6 sist veterans, to encourage those officials to adopt

7 policies which promote the use of those programs by

8 veterans who are minority group members.

9 ‘‘(8) Advise the Secretary when laws or policies

10 have the effect of discouraging the use of benefits by

11 veterans who are minority group members.

12 ‘‘(9) Publicize the results of medical research

13 which are of particular significance to veterans who

14 are minority group members.

15 ‘‘(10) Advise the Secretary and other appro16 priate officials on the effectiveness of the Depart17 ment’s efforts to accomplish the goals of section

18 492B of the Public Health Service Act (relating to

19 the inclusion of women and minorities in clinical re20 search) and of particular health conditions affecting

21 the health or minority group members which should

22 be studied as part of the Department’s medical re23 search program and promote cooperation between

24 the Department and other sponsors of medical re-
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1 search of potential benefit to veterans who are mi2 nority group members.

3 ‘‘(11) Perform such other duties consistent with

4 this section as the Secretary shall prescribe.

5 ‘‘(e) The Secretary shall ensure that the Director is

6 furnished sufficient resources to enable the Director to

7 carry out the functions of the Office in a timely manner.

8 ‘‘(f) The Secretary shall include in documents sub9 mitted to Congress by the Secretary in support of the

10 President’s budget for each fiscal year—

11 ‘‘(1) detailed information on the budget for the

12 Office;

13 ‘‘(2) the Secretary’s opinion as to whether the

14 resources (including the number of employees) pro15 posed in the budget for that fiscal year are adequate

16 to enable the Office to comply with its statutory and

17 regulatory duties; and

18 ‘‘(3) a report on the activities and significant

19 accomplishments of the Office during the preceding

20 fiscal year.

21 ‘‘(g) In this section, the term ‘minority group mem22 ber’ means an individual who is—

23 ‘‘(1) Asian American;

24 ‘‘(2) Black;

25 ‘‘(3) Hispanic;
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1 ‘‘(4) Native American (including American In2 dian, Alaskan Native, and Native Hawaiian); or

3 ‘‘(5) Pacific-Islander American.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections

5 at the beginning of such chapter is amended by striking

6 out the item relating to section 317 and inserting in lieu

7 thereof the following:

‘‘317. Office for Minority Veterans.’’.

8 SEC. 2. ADVISORY COMMITTEE ON MINORITY VETERANS.

9 (a) ESTABLISHMENT.—Subchapter III of chapter 5

10 of title 38, United States Code, is amended by adding at

11 the end the following:

12 ‘‘§ 544. Advisory Committee on Minority Veterans

13 ‘‘(a)(1) The Secretary shall establish an advisory

14 committee to be known as the Advisory Committee on Mi15 nority Veterans (hereinafter in this section referred to as

16 ‘‘the Committee’’).

17 ‘‘(2)(A) The Committee shall consist of members ap18 pointed by the Secretary from the general public, includ19 ing—

20 ‘‘(i) representatives of veterans who are minor21 ity group members;

22 ‘‘(ii) individuals who are recognized authorities

23 in fields pertinent to the needs of veterans who are

24 minority group members;
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1 ‘‘(iii) veterans who are minority group members

2 and who have experience in a military theater of op3 erations; and

4 ‘‘(iv) veterans who are minority group members

5 and who do not have such experience.

6 ‘‘(B) The Committee shall include, as ex officio mem7 bers—

8 ‘‘(i) the Secretary of Labor (or a representative

9 of the Secretary of Labor designated by the Sec10 retary after consultation with the Assistant Sec11 retary of Labor for Veterans’ Employment);

12 ‘‘(ii) the Secretary of Defense (or a representa13 tive of the Secretary of Defense designated by the

14 Secretary of Defense);

15 ‘‘(iii) the Secretary of the Interior (or a rep16 resentative of the Secretary of the Interior des17 ignated by the Secretary of the Interior);

18 ‘‘(iv) the Secretary of Commerce (or a rep19 resentative of the Secretary of Commerce designated

20 by the Secretary of Commerce);

21 ‘‘(v) the Secretary of Health and Human Serv22 ices (or a representative of the Secretary of Health

23 and Human Services designated by the Secretary of

24 Health and Human Services); and
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1 ‘‘(vi) the Under Secretary for Health and the

2 Under Secretary for Benefits, or their designees.

3 ‘‘(C) The Secretary may invite representatives of

4 other departments and agencies of the United States to

5 participate in the meetings and other activities of the

6 Committee.

7 ‘‘(3) The Secretary shall determine the number,

8 terms of service, and pay and allowances of members of

9 the Committee appointed by the Secretary, except that a

10 term of service of any such member may not exceed three

11 years. The Secretary may reappoint any such member for

12 additional terms of service.

13 ‘‘(4) The Committee shall meet as often as the Sec14 retary considers necessary or appropriate, but not less

15 often than twice each fiscal year.

16 ‘‘(b) The Secretary shall, on a regular basis, consult

17 with and seek the advice of the Committee with respect

18 to the administration of benefits by the Department for

19 veterans who are minority group members, reports and

20 studies pertaining to such veterans and the needs of such

21 veterans with respect to compensation, health care, reha22 bilitation, outreach, and other benefits and programs ad23 ministered by the Department.

24 ‘‘(c)(1) Not later than July 1 of each even-numbered

25 year, the Committee shall submit to the Secretary a report
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1 on the programs and activities of the Department that

2 pertain to veterans who are minority group members.

3 Each such report shall include—

4 ‘‘(A) an assessment of the needs of veterans

5 who are minority group members with respect to

6 compensation, health care, rehabilitation, outreach,

7 and other benefits and programs administered by

8 the Department;

9 ‘‘(B) a review of the programs and activities of

10 the Department designed to meet such needs; and

11 ‘‘(C) such recommendations (including rec12 ommendations for administrative and legislative ac13 tion) as the Committee considers appropriate.

14 ‘‘(2) The Secretary shall, within 60 days after receiv15 ing each report under paragraph (1), submit to Congress

16 a copy of the report, together with any comments concern17 ing the report that the Secretary considers appropriate.

18 ‘‘(3) The Committee may also submit to the Sec19 retary such other reports and recommendations as the

20 Committee considers appropriate.

21 ‘‘(4) The Secretary shall submit with each annual re22 port submitted to the Congress pursuant to section 529

23 of this title a summary of all reports and recommendations

24 of the Committee submitted to the Secretary since the pre-
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1 vious annual report of the Secretary submitted pursuant

2 to such section.

3 ‘‘(d) In this section, the term ‘minority group mem4 ber’ means an individual who is—

5 ‘‘(1) Asian American;

6 ‘‘(2) Black;

7 ‘‘(3) Hispanic;

8 ‘‘(4) Native American (including American In9 dian, Alaskan Native, and Native Hawaiian); or

10 ‘‘(5) Pacific-Islander American.’’.

11 (b) CLERICAL AMENDMENT.—The table of sections

12 at the beginning of such chapter is amended by adding

13 after the item relating to section 543 the following new

14 item:

‘‘544. Advisory Committee on Minority Veterans.’’.

15 SEC. 3. REPRESENTATIVES FOR MINORITY VETERANS AT

16 DEPARTMENT FACILITIES.

17 The Secretary of Veterans Affairs shall designate an

18 appropriate official at each regional office of the Depart19 ment of Veterans Affairs and at each medical facility of

20 the Department to serve as the minority affairs officer of

21 the Department at the office or facility. The officials shall

22 perform such functions as the Secretary shall prescribe.

23 SEC. 4. OFFICE FOR WOMEN VETERANS.

24 (a) IN GENERAL.—(1) Chapter 3 of title 38, United

25 States Code, as amended by section 1(a) of this Act, is
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1 further amended by adding at the end the following new

2 section:

3 ‘‘§ 318. Office for Women Veterans

4 ‘‘(a) There is in the Department an Office for Women

5 Veterans.

6 ‘‘(b)(1) There is at the head of the Office a Director

7 who shall be appointed by the Secretary. The Director

8 shall be a career appointee in the Senior Executive Serv9 ice. In appointing the Director, the Secretary shall give

10 preference to the appointment of a veteran. The Director

11 shall be appointed for a term of six years and may be

12 reappointed for an additional term.

13 ‘‘(2) There is in the Office a Deputy Director who

14 is the principal assistant of the Director. The Deputy Di15 rector shall perform such functions as the Director shall

16 prescribe.

17 ‘‘(c) The Director reports directly to the Secretary

18 or the Deputy Secretary concerning the activities of the

19 Office.

20 ‘‘(d) The Director shall perform the following func21 tions with respect to veterans who are women:

22 ‘‘(1) Serve as principal adviser to the Secretary

23 on the adoption and implementation of policies and

24 programs affecting veterans who are women.
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1 ‘‘(2) Make recommendations to the Secretary,

2 the Under Secretary for Health, the Under Sec3 retary for Benefits, and other Department officials

4 for the establishment or improvement of programs in

5 the Department for which veterans who are women

6 are eligible.

7 ‘‘(3) Promote the use of benefits authorized by

8 this title by veterans who are women and the con9 duct of outreach activities to veterans who are

10 women, in conjunction with outreach activities car11 ried out under chapter 77 of this title.

12 ‘‘(4) Disseminate information and serve as a re13 source center for the exchange of information re14 garding innovative and successful programs which

15 improve the services available to veterans who are

16 women.

17 ‘‘(5) Conduct and sponsor appropriate social

18 and demographic research on the needs of veterans

19 who are women and the extent to which programs

20 authorized under this title meet the needs of those

21 veterans, without regard to any law concerning the

22 collection of information from the public.

23 ‘‘(6) Analyze and evaluate complaints made by

24 or on behalf of veterans who are women about the

25 adequacy and timeliness of services provided by the
13

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1 Department and advise the appropriate official of

2 the Department of the results of such analysis or

3 evaluation.

4 ‘‘(7) Consult with, and provide assistance and

5 information to, officials responsible for administering

6 Federal, State, local, and private programs that as7 sist veterans, to encourage those officials to adopt

8 policies which promote the use of those programs by

9 veterans who are women.

10 ‘‘(8) Advise the Secretary when laws or policies

11 have the effect of discouraging the use of benefits by

12 veterans who are women.

13 ‘‘(9) Publicize the results of medical research

14 which are of particular significance to veterans who

15 are women.

16 ‘‘(10) Advise the Secretary and other appro17 priate officials on the effectiveness of the Depart18 ment’s efforts to accomplish the goals of section

19 492B of the Public Health Service Act (relating to

20 the inclusion of women and minorities in clinical re21 search) and of particular health conditions affecting

22 womens’ health which should be studied as part of

23 the Department’s medical research program and

24 promote cooperation between the Department and
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1 other sponsors of medical research of potential bene2 fit to veterans who are women.

3 ‘‘(11) Provide support and administrative serv4 ices to the Advisory Committee on Women Veterans

5 established under section 542 of this title.

6 ‘‘(12) Perform such other duties consistent with

7 this section as the Secretary shall prescribe.

8 ‘‘(e) The Secretary shall ensure that the Director is

9 furnished sufficient resources to enable the Director to

10 carry out the functions of the Office in a timely manner.

11 ‘‘(f) The Secretary shall include in documents sub12 mitted to Congress by the Secretary in support of the

13 President’s budget for each fiscal year—

14 ‘‘(1) detailed information on the budget for the

15 Office;

16 ‘‘(2) the Secretary’s opinion as to whether the

17 resources (including the number of employees) pro18 posed in the budget for that fiscal year are adequate

19 to enable the Office to comply with its statutory and

20 regulatory duties; and

21 ‘‘(3) a report on the activities and significant

22 accomplishments of the Office during the preceding

23 fiscal year.’’.

24 (b) CLERICAL AMENDMENT.—The table of sections

25 at the beginning of such chapter, as amended by section
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1 1(b) of this Act, is further amended by adding at the end

2 the following new item:

‘‘318. Office for Women Veterans.’’.

3 SEC. 5. ADVISORY COMMITTEE ON WOMEN VETERANS.

4 (a) MEMBERS.—Paragraph (2)(A) of section 542(a)

5 of title 38, United States Code, is amended—

6 (1) by striking out ‘‘and’’ at the end of clause

7 (ii);

8 (2) by striking out the period at the end of

9 clause (iii) and inserting in lieu a semicolon; and

10 (3) by adding at the end the following:

11 ‘‘(iii) women veterans who have experience in a

12 military theater of operations; and

13 ‘‘(iv) women veterans who do not have such ex14 perience.’’.

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