[House Report 108-199]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-199
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NATIONAL CEMETERY EXPANSION ACT OF 2003
_______
July 10, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Smith of New Jersey, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 1516]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred the
bill (H.R. 1516) to direct the Secretary of Veterans Affairs to
establish a national cemetery for veterans in southeastern
Pennsylvania, having considered the same, reports favorably
thereon with amendments and recommends that the bill as amended
do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Cemetery Expansion Act of
2003''.
SEC. 2. ESTABLISHMENT OF NEW NATIONAL CEMETERIES.
(a) Establishment.--Not later than four years after the date of the
enactment of this Act, the Secretary of Veterans Affairs, in accordance
with chapter 24 of title 38, United States Code, shall establish five
new national cemeteries. The new cemeteries shall be located in the
following locations (those locations having been determined by the
Secretary of Veterans Affairs to be the most appropriate locations for
new national cemeteries):
(1) Southeastern Pennsylvania.
(2) The Birmingham, Alabama, area.
(3) The Jacksonville, Florida, area.
(4) The Bakersfield, California, area.
(5) The Greenville/Columbia, South Carolina, area.
(b) Funds.--Amounts appropriated for the Department of Veterans
Affairs for any fiscal year after fiscal year 2003 for Advance Planning
shall be available for the purposes of subsection (a).
(c) Site Selection Process.--In determining the specific sites for
the new cemeteries required by subsection (a) within the locations
specified in that subsection, the Secretary shall solicit the advice
and views of representatives of State and local veterans organizations
and other individuals as the Secretary considers appropriate.
(d) Initial Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the establishment of the national cemeteries required by subsection
(a). The report shall--
(1) set forth a schedule for the establishment of each such
cemetery and an estimate of the costs associated with the
establishment of each such cemetery; and
(2) identify the amount of Advance Planning Funds obligated
for purposes of this section as of the submission of the
report.
(e) Annual Reports.--The Secretary shall submit to Congress an
annual report on the implementation of this section until the
establishment of all five cemeteries is completed and each such
cemetery has opened. The Secretary shall include in each such annual
report an update of the information provided under paragraphs (1) and
(2) of subsection (d).
(f) Definition of Southeastern Pennsylvania.--In this section, the
term ``southeastern Pennsylvania'' means the city of Philadelphia and
Berks County, Bucks County, Chester County, Delaware County,
Philadelphia County, and Montgomery County in the State of
Pennsylvania.
Amend the title so as to read:
A bill to provide for the establishment by the Secretary of
Veterans Affairs of five additional cemeteries in the National Cemetery
System.
Introduction
The reported bill reflects the Committee's consideration of
H.R. 1516, introduced on March 31, 2003, by Honorable Jim
Gerlach and Honorable Joseph M. Hoeffel.
On June 11, 2003, the Subcommittee on Benefits held a
hearing on eight bills, among them H.R. 1516, to direct the
Secretary of Veterans Affairs to establish a national cemetery
for veterans in southeastern Pennsylvania.
On June 25, 2003, the Subcommittee on Benefits met and
unanimously ordered H.R. 1516, as amended, reported favorably
to the full Committee.
On June 26, 2003, the full Committee met and ordered H.R.
1516, as amended, reported favorably to the House by unanimous
voice vote.
Summary of the Reported Bill
H.R. 1516, as amended, would:
1. Direct the Secretary of Veterans Affairs to establish,
not later than four years after the date of enactment, five new
national cemeteries in the following areas: southeastern
Pennsylvania; Birmingham, Alabama; Jacksonville, Florida;
Bakersfield, California; and Greenville/Columbia, South
Carolina.
2. Direct the Secretary to use Advance Planning Funds for
the establishment of the new cemeteries.
3. Direct the Secretary, in determining the specific sites
for the new cemeteries, to solicit the advice of
representatives of State and local veterans organizations and
other individuals as the Secretary considers appropriate.
4. Require the Secretary to submit a report to Congress
within 120 days of enactment setting forth the five areas where
those cemeteries will be established, a schedule for
establishment, the estimated cost associated with
establishment, and the amount of Advance Planning Funds
obligated for this purpose.
5. Require the Secretary to submit to Congress an annual
report that updates the information included in the initial
report until the five cemeteries are completed.
Background and Discussion
Establishment of new national cemeteries.--Section 2(a) of
the bill would require the Secretary of Veterans Affairs to
establish, not later than four years after the date of
enactment of this Act, five new national cemeteries in the
following areas: southeastern Pennsylvania; Birmingham,
Alabama; Jacksonville, Florida; Bakersfield, California; and
Greenville/Columbia, South Carolina. The Committee intends that
the cemetery in southeastern Pennsylvania will be readily
accessible to veterans in southwestern New Jersey. The
Committee expects the Secretary to be sensitive to the concerns
of veterans and the local population in the designated areas.
In July of 1862, Congress enacted legislation authorizing
the President to purchase ``cemetery grounds to be used as
national cemeteries for soldiers who shall have died in the
service of the country.'' That year, fourteen cemeteries were
established. The words spoken by President Abraham Lincoln at
the dedication of the national cemetery at Gettysburg set the
perspective: ``We cannot dedicate, we cannot consecrate, we
cannot hallow this ground. The brave men, living and dead, who
struggled here, have consecrated it far above our poor power to
add or detract.''
The National Cemetery Administration (NCA) maintains almost
2.5 million gravesites at 124 national cemeteries in 39 states,
the District of Columbia and Puerto Rico. Of these, 61 have
available, unassigned gravesites for burial of both casketed
and cremated remains; 26 will only accept cremated remains and
the remains of family members for internment in the same
gravesite as a previously deceased family member; and 33 are
closed to new internments, but may accommodate family members
in the same gravesite as a previously deceased family member.
Occupied graves maintained by NCA are projected to increase
from 2,380,500 in fiscal year 2000 to almost 3 million in 2008.
VA is continuing to develop new cemeteries in areas not
presently served by a veterans' cemetery, including national
cemeteries, Atlanta, Georgia; Detroit, Michigan; Fort Sill,
Oklahoma; Miami, Florida; Pittsburgh, Pennsylvania; and
Sacramento, California.
Section 613 of Public Law 106-117, the Veterans Millennium
Health Care and Benefits Act, required VA to contract for an
assessment of the current and future burial needs of the
nation's veterans. VA awarded the contract to Logistics
Management Institute (LMI). Volume 1 of the study, entitled
``Future Burial Needs,'' reviewed current and future burial
needs of veterans and identified areas of the country where new
national cemeteries might be constructed. According to existing
VA planning guidelines, VA should establish cemeteries as
needed to provide service to 90 percent of veterans within 75
miles of their homes. The study projected burial needs in 5-
year increments to the year 2020, and discussed the costs of
establishing a new cemetery. It was based upon data from the
1990 census; in June, 2003, VA updated the burial needs report
to reflect the veterans' population from the 2000 census. As a
result of the study, several areas of need were identified. The
five areas listed in the bill are the areas most in need that
cannot be served through expansion of an existing national
cemetery or through establishment of a state cemetery using
federal grant funds.
Section-By-Section Analysis
Section 1 of the bill would provide that this Act is to be
cited as the ``National Cemetery Expansion Act of 2003''.
Section 2(a) of the bill would require the Secretary of
Veterans Affairs to establish, not later than four years after
the date of the enactment of this Act, five new national
cemeteries. The new cemeteries shall be located in the
following locations (those locations having been determined by
the Secretary to be the most appropriate locations for new
national cemeteries): southeastern Pennsylvania; the
Birmingham, Alabama, area; the Jacksonville, Florida, area; the
Bakersfield, California, area; and the Greenville/Columbia,
South Carolina, area.
Section 2(b) of the bill would make available amounts
appropriated for the Department of Veterans Affairs for any
fiscal year after fiscal year 2003 for Advance Planning shall
be available for the purposes of subsection (a).
Section 2(c) of the bill would require the Secretary, in
determining the specific sites for the new cemeteries required
by subsection (a), to solicit the advice and views of
representatives of State and local veterans organizations and
other individuals as the Secretary considers appropriate.
Section 2(d) of the bill would require the Secretary to
submit a report, not later than 120 days after date of
enactment, on the establishment of the national cemeteries
required by subsection (a). The report would (1) set forth a
schedule for the establishment of each such cemetery and an
estimate of the cost associated with the establishment of each
such cemetery; and (2) identify the amount of Advance Planning
Funds obligated for purposes of this section as of the
submission of the report.
Section 2(e) of the bill would require the Secretary to
submit to Congress an annual report on the implementation of
this section until the establishment of all five cemeteries is
completed and each cemetery has opened. The Secretary would be
required to include in each annual report an update of the
information provided in the initial report as required in
subsection (d).
Section 2(f) of the bill would define the term
``southeastern Pennsylvania'' as the city of Philadelphia and
Berks County, Bucks County, Chester County, Delaware County,
Philadelphia County, and Montgomery County in the State of
Pennsylvania.
Performance Goals and Objectives
The reported bill would authorize establishment of new
national cemeteries under laws administered by the Secretary of
Veterans Affairs. The performance goals and objectives of
national cemeteries administered by the National Cemetery
Administration are established in annual performance plans and
are subject to the Committee's regular oversight.
Statement of the Views of the Administration
Statement of Robert J. Epley, Associate Deputy Under Secretary for
Policy and Program Management, Veterans Benefits Administration,
Department of Veterans Affairs, Before the House Committee on Veterans'
Affairs, Subcommittee on Benefits, June 11, 2003
Mr. Chairman and Members of the Subcommittee, thank you for the
opportunity to testify today on several legislative items of interest
to veterans. Accompanying me today is John H. Thompson, Deputy General
Counsel.
* * * * * * *
h.r. 1516
H.R. 1516 would direct the Secretary of Veterans Affairs to
establish within four years a national cemetery to serve veterans and
their families in southeastern Pennsylvania. It would also direct the
Secretary to consult with appropriate Federal, State, and local
officials and representatives of veterans service organizations before
selecting the site for the cemetery and would allow the Governor of
Pennsylvania to establish a panel to make a recommendation to the
Secretary concerning the selection of the site. In addition, it would
direct the Secretary to submit a report to Congress setting forth a
schedule and cost estimate for the establishment of the national
cemetery.
VA is aware that not all of America's veterans and their families
have easy and convenient access to a national cemetery. In the Veterans
Millennium Health Care and Benefits Act, Congress directed VA to
identify areas of the country with the greatest concentration of
veterans who do not have reasonable access to a burial option in a
national or state veterans cemetery. Substantial documentation exists
to demonstrate that 80 percent of burials in national cemeteries
involve individuals who resided within 75 miles of the cemetery. VA has
determined that a veteran population of 170,000 within a 75-mile
service radius would be an appropriate threshold for the establishment
of a new national cemetery.
VA notes that the New Jersey state veterans cemetery is not
available to Pennsylvania veterans and that, under current conditions,
the Beverly National Cemetery in New Jersey will become unavailable for
new burials much sooner than we had expected. We also determined that
Monroe County, Pennsylvania should be included in the Philadelphia area
service area. These circumstances, coupled with updated data on veteran
demographics, lead to a conclusion that there are 170,000 or more
veterans living in southeast Pennsylvania, including Philadelphia, who
do not have adequate access to a burial option within 75 miles that
would provide appropriate honor for their service as veterans of the
Armed Forces of the United States.
Consequently, VA supports the concept of H.R. 1516 and will
prioritize the construction of a Philadelphia area cemetery within 2005
budgetary resources.
Based on our experience, there are several steps involved in
establishing a new national cemetery. Depending on the size of the
project, the cost of these steps can range from $100,000 to $250,000
for environmental compliance; $3 million to $6 million for land
acquisition, if required; $1 million to $2 million for master planning
and design; and $15 million to $25 million for construction. Even with
an aggressive schedule, it generally takes 4\1/2\ to 5 years to open a
cemetery to initial burials. The average annual operational costs of a
new national cemetery range between $1 million and $2 million, without
consideration of headstones and grave liners, which are purchased
through mandatory funding.
* * * * * * *
Congressional Budget Office Cost Estimate
The following letter was received from the Congressional
Budget Office concerning the cost of the reported bill:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 1, 2003
Hon. Christopher H. Smith
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. 1516, the National
Cemetery Expansion Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Dwayne M.
Wright and Melissa E. Zimmerman, who can be reached at 226-
2840.
Sincerely,
Douglas Holtz-Eakin,
Director
Enclosure.
Congressional Budget Office Cost Estimate
H.R. 1516--National Cemetery Expansion Act of 2003
As ordered reported by the House Committee on Veterans' Affairs on June
26, 2003
Summary
H.R. 1516 would direct the Secretary of Veterans Affairs
(VA) to establish new national cemeteries for deceased veterans
located in southeastern Pennsylvania, the Birmingham, Alabama
area, the Jacksonville, Florida area, the Bakersfield,
California area, and the Greenville/Columbia, South Carolina
area. CBO estimates that implementing the bill would cost $9
million in 2004 and $78 million over the 2004-2008 period,
assuming appropriation of the necessary amounts. The bill would
not affect direct spending or receipts.
H.R. 1516 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the federal government
The estimated budgetary impact of H.R. 1516 is shown in the
following table. The estimate assumes that H.R. 1516 will be
enacted by October 1, 2003, and that the necessary amounts will
be appropriated for each year. The costs of this legislation
fall within budget function 700 (veterans benefits and
services).
By Fiscal Year, in Millions of Dollars
-----------------------------------------------
2003 2004 2005 2006 2007 2008
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level................................... 0 35 0 18 0 75
Estimated Outlays............................................... 0 9 26 9 9 25
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Basis of estimate
Based on information from VA about the costs of cemeteries
currently under construction, CBO estimates that the planning
and construction of these five new national cemeteries would
require appropriation of $128 million over the 2004-2008
period. According to VA, it takes about five years, on average,
to establish a new national cemetery. In 2004, costs of about
$35 million would stem from environmental impact studies and
the acquisition of the needed land. Absent information from VA,
CBO assumes that all of the land for these cemeteries would
have to be purchased (land donations would decrease the cost of
acquisition). The subsequent planning, design, and preparation
of specifications for the five cemeteries would take about two
years and would cost about $18 million. CBO estimates that
appropriations of about $75 million would be necessary in 2008
for cemetery construction, and that the resulting outlays would
occur over a three-year period. Thus, CBO estimates that
implementing the bill would cost $9 million in 2004 and $78
million over the 2004-2008 period, assuming appropriation of
the necessary amounts.
Intergovernmental and private-sector impact
H.R. 1516 contains no intergovernmental or private-sector
mandates as defined in UMRA and would impose no costs on state,
local, or tribal governments.
Estimate prepared by:
Federal Costs: Dwayne M. Wright and Melissa E. Zimmerman
(226-2840)
Impact on State, Local, and Tribal Governments: Gregory
Waring (225-3220)
Impact on the Private Sector: Allison Percy (226-2900)
Estimated approved by:
Paul R. Cullinan
Chief for Human Resources Cost Estimates Unit
Budget Analysis Division
Statement of Federal Mandates
The preceding Congressional Budget Office cost estimate
states that the bill contains no intergovernmental or private
sector mandates as defined in the Unfunded Mandates Reform Act.
Statement of Constitutional Authority
Pursuant to Article I, section 8 of the United States
Constitution, the reported bill is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''