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111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-589

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



 
  PROVIDING FUNDS TO THE ARMY CORPS OF ENGINEERS TO HIRE VETERANS AND 
   MEMBERS OF THE ARMED FORCES TO ASSIST THE CORPS WITH CURATION AND 
        HISTORIC PRESERVATION ACTIVITIES, AND FOR OTHER PURPOSES

                                _______
                                

 September 14, 2010.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5282]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5282) to provide funds to the Army 
Corps of Engineers to hire veterans and members of the Armed 
Forces to assist the Corps with curation and historic 
preservation activities, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. FINDINGS.

  Congress finds the following:
          (1) The Corps of Engineers and other Federal agencies are 
        required to preserve and catalogue artifacts and other items of 
        national historical significance that are uncovered during the 
        course of their work.
          (2) Uncatalogued artifacts within the care of Federal 
        agencies are stored in hundreds of repositories and museums 
        across the Nation.
          (3) In October 2009, the Corps of Engineers, Center of 
        Expertise for Curation and Management of Archeological 
        Collections, used $3,500,000 in temporary funds made available 
        in the American Recovery and Reinvestment Act of 2009 (Public 
        Law 111-5) to begin the Veterans' Curation Program to employ 
        and train Iraq and Afghanistan veterans in archaeological 
        processing.
          (4) The Veterans' Curation Program employs veterans and 
        members of the Armed Forces in the sorting, cleaning, and 
        cataloguing of artifacts managed by the Corps of Engineers.
          (5) Employees of the Veterans' Curation Program gain valuable 
        work skills, including computer database management, records 
        management, photographic and scanning techniques, computer 
        software proficiency, vocabulary and writing skills, and 
        interpersonal communication skills, as well as knowledge and 
        training in archaeology and history.
          (6) Experience in archaeological curation gained through the 
        Veterans' Curation Program is valuable training and experience 
        for the museum, forensics, administrative, records management, 
        and other fields.
          (7) Veterans' Curation Program participants may assist the 
        Corps of Engineers in developing a more efficient and 
        comprehensive collections management program and also may 
        provide the workforce to meet the records management needs at 
        other agencies and departments, including the Department of 
        Veterans Affairs.

SEC. 2. TRAINING AND EMPLOYMENT FOR VETERANS AND MEMBERS OF ARMED 
                    FORCES IN CURATION AND HISTORIC PRESERVATION.

  (a) Training and Employment.--The Secretary of the Army, acting 
through the Chief of Engineers, shall develop a Veterans' Curation 
Program to hire veterans and members of the Armed Forces to assist the 
Secretary in carrying out curation and historic preservation 
activities.
  (b) Authorization of Appropriation.--There is authorized to be 
appropriated to carry out this section--
          (1) $5,000,000 for fiscal year 2011;
          (2) $6,000,000 for fiscal year 2012;
          (3) $7,000,000 for fiscal year 2013;
          (4) $8,000,000 for fiscal year 2014; and
          (5) $9,000,000 for fiscal year 2015.

                       PURPOSE OF THE LEGISLATION

    H.R. 5282, as amended, authorizes the Army Corps of 
Engineers' (Corps) Veterans Curation Program, and allows the 
Corps to hire veterans and members of the Armed Forces to 
assist the Corps with curation and historic preservation 
activities, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Curation is defined as the long-term, professional 
management and care of all objects, materials, and records 
recovered as the result of a Federal or non-Federal 
archeological undertaking. As part of the Federal Government's 
effort to protect and preserve the nation's cultural and 
archeological resources, Federal regulations (notably 36 C.F.R. 
part 79) require Federal agencies to provide curatorial 
services to manage and preserve collections according to 
professional museum and archival practices.
    The following description, excerpted from the Corps' 
``Digest of Water Resources Policies and Authorities'' (EP 
1165-2-1), describes the role of the Corps in providing 
curation support for water-resource related projects.

          Cultural resources management is an equal and 
        integral component of natural resource management at 
        operating Civil Works projects. Further, [the Corps'] 
        traditional view of cultural resources as 
        representative of only the non-living and non-renewable 
        components of natural resources as discussed under 
        section 101(b) of [the National Environmental Policy 
        Act] is changing. Today, as [the Corps] gains greater 
        insights and knowledge of other cultures, [the Corps 
        is] realizing that landscape features can have 
        significant cultural significance as well as 
        corresponding ecosystem values. Thus, it is the policy 
        of the Corps to identify, evaluate, and manage cultural 
        resources that are eligible for listing in, or listed 
        in, the National Register of Historic Places. 
        Associated with this policy is the Corps responsibility 
        to ensure that cultural resource management activities 
        are consistent with federal laws and regulations 
        pertaining to Native American rights, curation and 
        collections management, and the protection of resources 
        from looting and vandalism.

    In 2009, the Corps allocated $29.7 million from the 
American Recovery and Reinvestment Act (P.L. 111-5) (Recovery 
Act) to open three Veterans Curation Project (VCP) laboratories 
throughout the nation. The locations of these laboratories are: 
(1) Augusta, Georgia; (2) Washington, D.C.; and (3) St. Louis, 
Missouri (at the Mandatory Center of Expertise for the Curation 
and Management of Archaeological Collections (MCX-CMAC)).
    The purpose of these laboratories is to carry out the 
Corps' curation responsibilities, including cataloging, 
scanning, and photographing records and artifacts, while 
utilizing and training a workforce of disabled or wounded 
veterans, or veterans who have recently-returned from overseas 
(including tours in Iraq and Afghanistan). The VCP program 
seeks to impart skills in computer databases, digital scanning, 
digital image capture, and writing skills to the veterans while 
improving the Corps' management of its heritage assets. 
According to the U.S. Army, the technical skills learned by 
veterans at the laboratories will be transferrable to jobs 
outside the laboratories, including forensic technicians and 
records management.
    H.R. 5282, as amended, provides a permanent authorization 
for the Corps' VCP, and allows the Corps to meet its dual 
mission of hiring and training of the nation's veterans, while 
carrying out its legal responsibilities to preserve and protect 
the nation's cultural heritage.

                       SUMMARY OF THE LEGISLATION

Section 1. Findings

    Section 1 sets out the findings for the bill.

Sec. 2. Training and employment for veterans and members of the armed 
        services in curation and historic preservation

    Section 2(a) directs the Secretary of the Army, acting 
through the Chief of Engineers, to develop a Veterans' Curation 
Program to hire veterans and members of the Armed Forces to 
assist the Corps with its curation and historic preservation 
activities.
    Section 2(b) authorizes appropriations to implement this 
program. It authorizes a total of $35 million for fiscal years 
2011 through 2015.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    On November 4, 2009, the Committee on Transportation and 
Infrastructure held a hearing, entitled ``Recovery Act: 
Progress Report on Water Infrastructure Investment''. At this 
hearing, the Assistant Secretary of the Army (Civil Works), Jo-
Ellen Darcy, testified on the use of funds from the Recovery 
Act to open the first VCP laboratory in Augusta, Georgia.
    On May 12, 2010, Representative John Barrow introduced H.R. 
5282.
    On May 26, 2010, the Committee on Transportation and 
Infrastructure held a hearing, entitled ``Recovery Act: 
Progress Report on Water Infrastructure Investment''. At this 
hearing, the Principal Deputy Assistant Secretary of the Army 
(Civil Works), Terrence C. Salt, testified on the use of funds 
from the Recovery Act to open the second and third VCP 
laboratories in Washington, D.C. and St. Louis, Missouri.
    On July 29, 2010, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 5282. The 
Committee adopted by voice vote an amendment in the nature of a 
substitute. The Committee ordered the bill, as amended, 
reported favorably to the House by voice vote with a quorum 
present.

                              RECORD VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no recorded votes taken in connection 
with consideration of H.R. 5282 or ordering the bill reported. 
A motion to order H.R. 5282, as amended, reported favorably to 
the House was agreed to by voice vote with a quorum present.

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          COST OF LEGISLATION

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
hire and train veterans and members of the Armed Forces, while 
also helping the Corps' complete its curation and historic 
preservation activities.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 
5282, as amended, from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 10, 2010.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5282, a bill to 
provide funds to the Army Corps of Engineers to hire veterans 
and members of the Armed Forces to assist the Corps with 
curation and historic preservation activities, and for other 
purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aurora 
Swanson.
            Sincerely,
                                         Robert A. Sunshine
                              (For Douglas W. Elmendorf, Director).
    Enclosure.

H.R. 5282--A bill to provide funds to the Army Corps of Engineers to 
        hire veterans and members of the Armed Forces to assist the 
        Corps with curation and historic preservation activities, and 
        for other purposes

    Summary: H.R. 5282 would authorize appropriations totaling 
$35 million over the 2011-2015 period for the Corps of 
Engineers to develop a program to hire veterans to assist the 
Corps with its curation and historic preservation activities. 
Assuming appropriation of authorized amounts, CBO estimates 
that implementing H.R. 5282 would cost $32 million over the 
2011-2015 period. Enacting the legislation would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    H.R. 5282 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 5282 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                       ------------------------------------------------------------
                                                                      2011   2012   2013   2014   2015   2011-2015
------------------------------------------------------------------------------------------------------- -----------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATIONAuthorization Level...................................         5         6      7      8      9      35
Estimated Outlays.....................................         3         5      7      8      9      32
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
5282 will be enacted near the beginning of fiscal year 2011 and 
that the funds will be appropriated in the year they are 
authorized. CBO estimates that implementing H.R. 5282 would 
cost $32 million over the 2011-2015 period. Estimated outlays 
are based on information provided by the Bureau of Reclamation.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 5282 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal Costs: Aurora Swanson; Impact 
on State, Local, and Tribal Governments: Melissa Merrell; 
Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                     COMPLIANCE WITH HOUSE RULE XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. H.R. 
5282, as amended, does not contain any earmarks, limited tax 
benefits, or limited tariff benefits under clause 9(e), 9(f), 
or 9(g) of rule XXI.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (P.L. 104-4).

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 5282, as amended, 
does not preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                APPLICABILITY TO THE 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 (P.L. 104-1).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 5282, as amended, makes no changes in existing law.