[House Report 111-589]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-589
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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
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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).
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By fiscal year, in millions of dollars--
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2011 2012 2013 2014 2015 2011-2015
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CHANGES IN SPENDING SUBJECT TO APPROPRIATIONAuthorization Level................................... 5 6 7 8 9 35
Estimated Outlays..................................... 3 5 7 8 9 32
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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.