H. Rept. 116-179 - TO PERMIT THE SECRETARY OF VETERANS AFFAIRS TO ESTABLISH A GRANT PROGRAM TO CONDUCT CEMETERY RESEARCH AND PRODUCE EDUCATIONAL MATERIALS FOR THE VETERANS LEGACY PROGRAM116th Congress (2019-2020)
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116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-179
======================================================================
TO PERMIT THE SECRETARY OF VETERANS AFFAIRS TO ESTABLISH A GRANT
PROGRAM TO CONDUCT CEMETERY RESEARCH AND PRODUCE EDUCATIONAL MATERIALS
FOR THE VETERANS LEGACY PROGRAM
_______
July 24, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Takano, from the Committee on Veterans' Affairs, submitted the
following
R E P O R T
[To accompany H.R. 2385]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 2385) to permit the Secretary of Veterans
Affairs to establish a grant program to conduct cemetery
research and produce educational materials for the Veterans
Legacy Program, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
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............................... 7
Applicability to Legislative Branch.............................. 7
Statement on Duplication of Federal Programs..................... 7
Section-by-Section Analysis of the Legislation................... 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. GRANTS FOR CEMETERY RESEARCH AND THE PRODUCTION OF
EDUCATIONAL MATERIALS.
(a) Grants Authorized.--
(1) In general.--The Secretary of Veterans Affairs may
establish a grant program to conduct cemetery research and
produce educational materials for the Veterans Legacy Program.
(2) Eligible recipients.--The Secretary may award a grant
under this section to any of the following entities:
(A) An institution of higher learning.
(B) A local education agency.
(C) A non-profit entity that the Secretary determines
has a demonstrated history of community engagement.
(D) Another recipient the Secretary determines to be
appropriate.
(3) Use of funds.--A recipient of a grant under this section
may use the grant amount to--
(A) conduct research related to national, State, or
Tribal veterans' cemeteries;
(B) produce education materials that teach about the
history of veterans interred in national, State, or
Tribal veterans' cemeteries; and
(C) promote community engagement with the histories
of veterans interred in national, State, or Tribal
veterans' cemeteries.
(4) Maximum amount.--A grant awarded under this section may
not exceed $500,000.
(b) Regulations.--If the Secretary establishes a grant program under
this section, the Secretary shall prescribe regulations regarding--
(1) the evaluation of applications for grants under the
program; and
(2) administration of the program.
(c) Report Required.--Not later than two years after the Secretary
establishes a grant program under this section, the Secretary shall
submit to the committees on Veterans' Affairs of the House of
Representatives and the Senate a report regarding the determination of
the Secretary whether the grant program is a financially effective
means to promote the purposes in subsection (a)(3).
(d) Definitions.--In this section:
(1) The term ``Veterans Legacy Program'' means the program of
the National Cemetery Administration that is responsible for
providing engagement and educational tools and opportunities to
the public regarding the service and sacrifice of veterans
interred in national, State, or Tribal veterans' cemeteries.
(2) The term ``institution of higher learning'' has the
meaning given that term in section 3452(f) of title 38, United
States Code.
(3) The term ``local educational agency'' has the meaning
given that term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
Purpose and Summary
H.R. 2385, was introduced by Representative Conor Lamb,
Vice Chairman of the Committee on Veterans Affairs, on April
29, 2019. H.R. 2385, as amended, would permit the Secretary of
Veterans Affairs to establish a grant program to conduct
cemetery research and produce educational materials for the
Veterans Legacy Program.
Background and Need for Legislation
The National Cemetery Administration's (NCA's) mission is
to honor veterans and their eligible family members with final
resting places and to memorialize and commemorate their service
and sacrifice to our nation. The Veterans Legacy Program (VLP)
within NCA supports this mission by creating educational
materials area teachers may use to teach their students and
others about the veterans buried or inurned in the National
Veterans Cemeteries in their communities.
The VLP awards contracts to colleges, universities and
other institutions to develop these curricula. To date, 16
separate contracts have been awarded and an impressive array of
digital and non-digital resources have been produced. Cemetery
directors say they are delighted to see school children
visiting the cemeteries as part of their studies because it
brings in so much interest in veterans' lives by the very
young.
NCA, as well as contract awardees, have told Congress that
grants rather than contracts allow an awards cycle that more
closely aligns with the academic calendar of higher education
institutions. VLP administrators have said this vehicle would
increase the reach of the program beyond large universities to
smaller groups that wish to engage with VA in memorializing
veterans. Contract awardees described how under a contract
arrangement, a one-time payment for the work is not sent until
the end of the project. A grant configuration would allow for
more fluid and regular payments throughout the course of the
work, which in turn would allow for payment by grantees to
consultants or other vendors for goods and services required
for the final product.
NCA specifically requested the statutory authority provided
in H.R. 2385, as amended, to establish a grant program in lieu
of the current contract program.
Hearings
On May 1, 2019, the Subcommittee on Disability Assistance
and Memorial Affairs conducted a legislative hearing on various
bills introduced during the 116th Congress, including H.R.
2385.
The following witnesses testified:
The Honorable Mark Takano, U.S. House of
Representatives, 41st Congressional District of
California; The Honorable David P. Roe, U.S. House of
Representatives, 1st Congressional District of
Tennessee; The Honorable Conor Lamb, U.S. House of
Representatives, 17th Congressional District of
Pennsylvania; The Honorable Greg Steube, U.S. House of
Representatives, 17th District of Florida; The
Honorable Julia Brownley, U.S. House of
Representatives, 26th Congressional District of
Florida; Mr. Matthew Sullivan, Deputy Under Secretary
for Finance and Planning, National Cemetery
Administration; accompanied by Mr. Kevin Friel, Deputy
Director for Pension and Fiduciary, Veterans Benefits
Administration; Dr. Patricia Hastings, Deputy Chief
Consultant, Post Deployment Health Service, Veterans
Health; Mr. Derrick Curtis, Director, Software Testing
& 508, Enterprise Portfolio Management Division, Office
of Information Technology; Ms. Melanie Brunson,
Government Relations Officer, Blinded Veterans
Association; Mr. Karl R. Horst, Major General, U.S.
Army (Ret), President and Chief Executive Officer,
Congressional Medal of Honor Foundation; Ms. Allison
Adelle Hedge Coke, Distinguished Professor of Creative
Writing, University of California, Riverside; Mr.
Carlos Fuentes, Director, National Legislative Service,
Veterans of Foreign Wars; Mr. Rick Weidman, Executive
Director, Policy and Government Affairs, Vietnam
Veterans of America; Mr. Chanin Nuntavong, Veterans
Affairs and Rehabilitation Division Director, The
American Legion; Mr. Shane L. Liermann, Assistant
National Legislative Director, Disabled American
Veterans; and Dr. David A. Butler, Director, Office of
Military and Veterans Health, Health and Medicine
Division, The National Academies of Sciences,
Engineering, and Medicine; accompanied by Dr. Ourania
Kosti, Senior Program Officer, Principal Investigator,
Radiation Effects Research Foundation, The National
Academies of Sciences, Engineering, and Medicine.
Statements for the record were submitted by:
The Honorable Doug LaMalfa, U.S. House of
Representatives, 1st Congressional District of
California; Mr. John Wells, Executive Director, The
Military-Veterans Advocacy; Mr. Keith Kiefer, National
Commander, National Association of Atomic Veterans; Mr.
Robert Celestial, SGT, U.S. Army Retired (D.A.V.),
Veteran who participated in Enewetak Cleanup; Mr. Ken
Brownell, Veteran who participated in Enewetak Cleanup;
and The American Federation of Government Employees,
AFL-CIO.
Subcommittee Consideration
There was no Subcommittee consideration of H.R. 2385.
Committee Consideration
On May 8, 2019, the Full Committee met in an open markup
session, a quorum being present. An amendment in the nature of
a substitute was passed by voice vote. The ANS, offered by
Representative Mark Takano of California added a mandate to the
original bill requiring that not later than two years after the
Secretary establishes the grant program required under the
provisions of the bill, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives
and the Senate a report regarding the determination of the
Secretary whether the grant program is a financially effective
means to promote the purposes of the Act. The Full Committee
ordered H.R. 2385, as amended, to be 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 recorded
votes on the motion to report the legislation and amendments
thereto. There were no recorded votes taken on amendments or in
connection with ordering H.R. 2385, as amended, reported to the
House. A motion by Ranking Member David P. Roe of Tennessee to
report H.R. 2385, as amended, 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 establishes the
following performance goals and objectives for this
legislation: the establishment a grant program by the Secretary
of Veterans Affairs which will conduct cemetery research and
produce educational materials for the Veterans Legacy Program.
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. 2385, as amended, 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.
2385, as amended, 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. 2385, as amended, provided by the Director of the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 20, 2019.
Hon. Mark Takano,
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. 2385, a bill to
permit the Secretary of Veterans Affairs to establish a grant
program to conduct cemetery research and produce educational
materials for the Veterans Legacy Program.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Logan Smith.
Sincerely,
Keith Hall,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 2385 would permit the Department of Veterans Affairs
(VA) to provide grants to conduct research related to veterans'
cemeteries and to produce educational materials to memorialize
veterans for the Veterans Legacy Program (VLP). Under the VLP,
VA currently enters into contracts with educational
institutions and nonprofit institutions to memorialize veterans
interred in national cemeteries. In 2019, VA obligated about $2
million for that purpose.
H.R. 2385 would allow VA to provide funding to those
institutions through grants as well as through contracts. On
the basis of information from VA, CBO expects that the
department would use grants rather than contract in most cases,
and would not increase the amount of funding it would otherwise
provide for the purpose of memorializing veterans. Thus, CBO
expects that providing the grant authority would not affect the
federal budget. The bill would require VA to submit a report on
whether grants are a financially effective means to promote the
VLP. Satisfying that reporting requirement would cost less than
$500,000, subject to the availability of appropriated funds.
The CBO staff contact for this estimate is Logan Smith. The
estimate was reviewed by Theresa Gullo, Assistant Director for
Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own, the estimate of Federal
mandates regarding H.R. 2385, as amended, 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.
2385, as amended.
Constitutional Authority Statement
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 2385 is authorized by Congress' power to
``provide for the common Defense and general Welfare of the
United States.``
Applicability to Legislative Branch
The Committee finds that H.R. 2385, as amended, does not
relate to the terms and conditions of employment or access to
public services or accommodations within the legislative
branch.
Statement on Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 2385, as amended, establishes or reauthorizes a program
of the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Section-by-Section Analysis of the Legislation
Sec.1(a) (1) Allows the Secretary to establish a grant
program to conduct cemetery research and produce educational
materials for the Veterans Legacy Program.
(2) Eligible recipients could include: An institution of
higher learning; A local education agency; A non-profit entity
the Secretary determines has a demonstrated history of
community engagement; Another recipient the Secretary deems
appropriate.
(3) The grant funds can be used to: Research related to
national, State or Tribal veterans' cemeteries; Produce
educational materials about or promote community engagement
with the history of the veterans interred at those cemeteries.
(4) The maximum grant amount is $500,000.
(b) Any grant awarded by the Secretary must be accompanied
with regulations regarding grant application evaluation and
program administration.
(c) Not later than 2 years after the Secretary establishes
a grant program, a report to the Committees on Veterans Affairs
shall be submitted regarding whether the grant program is a
financially effective means to promote the purposes of the
program.
(d) Definitions
[all]
