[House Report 110-774]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-774
=====================================================================
UNITED STATES OLYMPIC COMMITTEE PARALYMPIC PROGRAM ACT OF 2008
_______
July 24, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Filner, from the Committee on Veterans' Affairs, submitted the
following
R E P O R T
[To accompany H.R. 4255]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 4255) to amend title 38, United States Code, to
authorize the Secretary of Veterans Affairs to provide
assistance to the Paralympic Program of the United States
Olympic Committee, and for other purposes, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 5
Background and Need for Legislation.............................. 5
Hearings......................................................... 6
Subcommittee Consideration....................................... 7
Committee Consideration.......................................... 7
Committee Votes.................................................. 8
Committee Oversight Findings..................................... 8
Statement of General Performance Goals and Objectives............ 8
New Budget Authority, Entitlement Authority, and Tax Expenditures 8
Earmarks and Tax and Tariff Benefits............................. 8
Committee Cost Estimate.......................................... 8
Congressional Budget Office Estimate............................. 8
Federal Mandates Statement....................................... 10
Advisory Committee Statement..................................... 10
Constitutional Authority Statement............................... 10
Applicability to Legislative Branch.............................. 10
Section-by-Section Analysis of the Legislation................... 11
Changes in Existing Law Made by the Bill, as Reported............ 12
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Olympic Committee
Paralympic Program Act of 2008''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) In 1998, Congress enacted the Olympic and Amateur Sports
Act Amendments of 1998 (33 U.S.C. 101 note), which amended
chapter 2205 of title 36, United States Code, and included a
statement that the purpose of the Act was ``to encourage and
provide assistance to amateur athletic programs and competition
for amateur athletes with disabilities, including, where
feasible, the expansion of opportunities for meaningful
participation by such amateur athletes in programs of athletic
competition for able-bodied amateur athletes''.
(2) The United States Olympic Committee manages and
administers the Paralympic Program for physically disabled
athletes.
(3) In 2005, the United States Olympic Committee entered into
a memorandum of understanding with the Secretary of Veterans
Affairs to expand the Paralympic Program to provide special
training and rehabilitation to disabled veterans and disabled
members of the Armed Forces as part of their rehabilitation and
return to an active lifestyle.
(4) The Paralympic Program has a significant positive effect
on the quality of life of such veterans and servicemembers,
including helping to improve the mobility, vitality, and
physical, psychological, and social well-being of disabled
veterans and disabled members of the Armed Forces who
participate in the program and reducing the incidence of
secondary medical conditions in those participants.
(5) Because of Operation Iraqi Freedom and Operation Enduring
Freedom, the number of disabled veterans and disabled members
of the Armed Forces has increased substantially and it is
therefore necessary to expand the scope and size of the
Paralympic Program to provide rehabilitative services through
sports to disabled veterans and members of the Armed Forces.
(b) Purpose.--The purposes of this Act are as follows:
(1) To promote the lifelong health of disabled veterans and
disabled members of the Armed Forces through regular
participation in physical activity and sports.
(2) To develop a system that promotes disabled sports from
the local level through elite levels by creating partnerships
among organizations specializing in supporting, training, and
promoting programs for disabled athletes.
(3) To provide training and support to local organizations to
provide Paralympic sports training to disabled veterans and
disabled members of the Armed Forces in their own communities.
(4) To provide support to the United States Olympic Committee
for the Paralympic Program to increase the participation of
disabled veterans and disabled members of the Armed Forces in
sports as part of their rehabilitation.
SEC. 3. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ASSISTANCE TO
UNITED STATES OLYMPIC COMMITTEE PARALYMPIC PROGRAM.
(a) Provision of Assistance Authorized.--Subchapter II of chapter 5
of title 38, United States Code, is amended by inserting after section
521 the following:
``Sec. 521A. Assistance for United States Olympic Committees Paralympic
Program
``(a) Authorization to Provide Assistance.--The Secretary may make
grants to the United States Olympic Committee to plan, develop, manage,
and implement the Paralympic Program for disabled veterans and disabled
members of the Armed Forces.
``(b) Oversight by Secretary.--As a condition of receiving a grant
under this section, the United States Olympic Committee shall permit
the Secretary to conduct such oversight of the use of grant funds as
the Secretary determines is appropriate.
``(c) Application Requirement.--(1) Before the Secretary may make a
grant to the United States Olympic Committee under this section, the
Committee shall submit to the Secretary an application that describes
the activities to be carried out with the grant, including information
on specific measurable goals and objectives to be achieved using grant
funds. The application shall include a detailed description of all
partnerships referred to in paragraph (2) at the national and local
levels that will be participating in such activities and the amount of
grant funds that will be made available for each of such partnerships.
``(2) Partnerships.--Partnerships referred to in this paragraph are
agreements between the United States Olympic Committee and national
organizations with significant experience in the training and support
of disabled athletes and the promotion of disabled sports at the local
and national levels. Such organizations include Disabled Sports USA,
Blaze Sports, Paralyzed Veterans of America, and Disabled American
Veterans. The agreements shall detail the scope of activities and
funding provided by the United States Olympic Committee to the partner.
``(d) Use of Funds.--(1) The United States Olympic Committee, with
the assistance and cooperation of the Secretary and the heads of other
appropriate Federal and State departments and agencies and partnerships
referred to in subsection (c)(2), shall use a grant under this section
to recruit, support, encourage, schedule, facilitate, supervise, and
implement the activities described in paragraph (3) for disabled
veterans and disabled members of the Armed Forces either directly or by
supporting a program described in paragraph (2).
``(2) A program described in this paragraph is a sport program that--
``(A) promotes basic physical activity, games, recreation,
training, and competition;
``(B) is approved by the Secretary; and
``(C)(i) provides services and activities described in
paragraph (3) for disabled veterans and disabled members of the
Armed Forces; and
``(ii) may also provide services and activities described in
paragraph (3) for individuals with disabilities who are not
veterans or members of the Armed Forces, or both; except that
funds made available to carry out this section may not be used
to support those individuals with disabilities who are not
veterans or members of the Armed Forces.
``(3) Activities described in this paragraph are--
``(A) instruction, participation, and competition in
Paralympic sports;
``(B) training and technical assistance to program
administrators, coaches, recreational therapists, instructors,
Department employees, and other appropriate individuals; and
``(C) coordination, Paralympic classification of athletes,
athlete assessment, sport-specific training techniques, program
development (including programs at the local level), program-
specific medical and personal care support, sports equipment,
supplies, program evaluation, and other activities related to
the implementation and operation of the program.
``(4) A grant made under this section may include, at the discretion
of the Secretary, an amount for administrative expenses, but not to
exceed ten percent of the amount of the grant.
``(5) Funds made available by the United States Olympic Committee to
a grantee under subsection (c) may include an amount for administrative
expenses, but not to exceed ten percent of the amount of such funds.
``(e) Outreach Requirement.--The Secretary shall conduct an outreach
campaign to inform all eligible veterans and separating members of the
Armed Forces with physical disabilities about the existence of the
Paralympic Program and shall provide for, facilitate, and encourage
participation of such veterans and separating servicemembers in
programs under this section to the extent possible.
``(f) Coordination.--The Secretary shall ensure access to and use of
appropriate Department facilities by disabled veterans and disabled
members of the Armed Forces participating in the Paralympic Program to
the maximum extent possible and to the extent that such access and use
does not adversely affect any other assistance provided to veterans.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated $8,000,000 annually to carry out this section.
``(h) Separate Accounting.--The Department shall have a separate line
item in budget proposals of the Department for funds to be appropriated
to carry out this section. Funds appropriated to carry out this section
shall not be commingled with any other funds appropriated to the
Department.
``(i) Limitation on Use of Funds.--Except as provided in subsections
(d)(4) and (d)(5), funds appropriated to carry out this section may not
be used to support or provide services to individuals who are not
disabled veterans or disabled members of the Armed Forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
521 the following new item:
``521A. Assistance for United States Olympic Committees Paralympic
Program.''.
(c) Deadline for Memorandum of Understanding.--The Secretary of
Veterans Affairs may not award a grant under section 521A of title 38,
United States Code, as added by subsection (a), until the United States
Olympic Committee has entered into a memorandum of understanding or
cooperative agreement with the Secretary regarding implementation of
the Paralympic Program. Such agreement shall be concluded not later
than 180 days after the date of the enactment of this Act.
SEC. 4. DEPARTMENT OF VETERANS AFFAIRS OFFICE OF NATIONAL VETERANS
SPORTS PROGRAMS AND SPECIAL EVENTS.
(a) Establishment of Office of National Veterans Sports Programs and
Special Events.--Chapter 3 of title 38, United States Code, is amended
by adding at the end the following:
``Sec. 321. Office of National Veterans Sports Programs and Special
Events
``(a) Establishment.--There is in the Department an Office of
National Veterans Sports Programs and Special Events. There is at the
head of the Office a Director, who shall report directly to the
Assistant Secretary for Public and Intergovernmental Affairs of the
Department.
``(b) Responsibilities of Director.--Subject to the direction of the
Secretary, the Director--
``(1) shall establish and carry out qualifying programs and
events;
``(2) may provide for sponsorship by the Department of
qualifying programs and events;
``(3) may provide for, facilitate, and encourage
participation by disabled veterans in qualifying programs and
events; and
``(4) shall cooperate with the United States Olympic
Committee and its subsidiaries to promote the participation of
disabled veterans and disabled members of the Armed Forces in
sporting events sponsored by the United States Olympic
Committee and its subsidiaries.
``(c) Qualifying Program or Event.--For purposes of this section, a
qualifying program or event is a sports program or other event in which
disabled veterans and disabled members of the Armed Forces participate
and that is approved by the Secretary as being consistent with the
goals and missions of the Department.
``(d) Monthly Assistance Allowance.--(1) The Director may provide a
monthly assistance allowance to a veteran with a disability invited by
the United States Olympic Committee to compete for a slot on, or
selected for, the Paralympic Team for any month in which the veteran is
training or competing in any event sanctioned by the United States
Olympic Committee or who is residing at a United States Olympic
Committee training center.
``(2) The amount of the monthly assistance payable to a veteran under
paragraph (1) shall be equal to the monthly amount of subsistence
allowance that would be payable to the veteran under chapter 31 of this
title if the veteran were eligible for and entitled to rehabilitation
under such chapter.
``(3) Any amount of assistance paid to a veteran under this
subsection shall be in addition to any other assistance available to
the veteran under any other provision of law.
``(4) There is authorized to be appropriated to carry out this
subsection $2,000,000 for fiscal year 2009 and each fiscal year
thereafter.
``(e) Limitation on Statutory Construction.--Nothing in this section
shall be construed as a limitation on current disabled sports and
special events supported by the Department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``321. Office of National Veterans Sports Programs and Special
Events.''.
(c) Responsibilities of Under Secretary for Health.--The Secretary of
Veterans Affairs shall direct the Under Secretary for Health of the
Department of Veterans Affairs--
(1) to make available, to the maximum extent possible,
recreational therapists, physical therapists, and other medical
staff to facilitate participation of veterans in sporting
events conducted under the auspices of the United States
Olympic Committee;
(2) to allow such personnel to participate in the United
States Olympic Committee Paralympic Program without requiring
the use of personal leave; and
(3) to support other similar activities or events as those
described in this section and determined to be appropriate by
the Secretary.
Purpose and Summary
H.R. 4255, was introduced by Representative Bob Filner of
California, the Chairman of the Committee on Veterans' Affairs,
on December 4, 2007. As amended, the bill also includes
provisions from H.R. 1370, introduced by Representative Steve
Buyer of Indiana, the Ranking Member of the Committee on
Veterans' Affairs. This legislation, as amended, would
authorize the Secretary of the Department of Veterans Affairs
(VA) to provide a grant to the United States Olympic Committee
(USOC) and its partners with experience in disabled sports to
implement the Paralympic Program by developing activities from
the local level through elite competition for servicemembers
and veterans with physical disabilities.
Background and Need for Legislation
The Olympic and Amateur Sports Act Amendments of 1998
(Public Law 105-277) updated the Amateur Sports Act of 1978
(Public Law 95-606) to reflect developments in amateur athletic
programs for disabled athletes that had occurred over the 20-
year period between the enactment of these two Acts. It has
been a decade since Congress has revisited this law and our
nation's current commitment to fighting the Global War on
Terror has brought to light the need to reevaluate existing
programs to see if they meet the needs of a new generation of
disabled veterans and servicemembers.
Thousands of members of the Armed Forces have been wounded
during service in Operation Enduring Freedom and Operation
Iraqi Freedom. This cost of war has placed a tremendous burden
on the rehabilitation facilities of both the Department of
Defense and the VA. As the number of disabled individuals has
substantially increased over the years, it has become necessary
to expand available rehabilitative services to ensure these men
and women are afforded the best possible care after their
service to our country. The Committee believes that adaptive
sports offer an exceptional venue for disabled veterans to
improve their rehabilitation outcomes and that a partnership
between the VA and the USOC is an ideal way to accomplish that
goal.
On November 17, 2005, the USOC and the VA signed a
memorandum of understanding to increase participation in sports
by disabled veterans and encourage those who qualify to compete
for a spot on the U.S. Paralympic Team. The Committee staff has
seen firsthand how allowing these men and women to participate
in the Paralympic Program has significantly improved their
quality of life.
In May 2008, Committee staff toured the USOC facilities and
met with instructors, program developers and athletes.
Committee staff also visited the U.S. Air Force Academy where
the Paralympic Program was conducting training for the shot-
put, discus, javelin, short run, and wheelchair competitions.
Staff observed the consistently positive attitudes expressed by
the disabled veterans participating in the training and several
mentioned their desire to attempt to qualify for the U.S.
Paralympic Team.
The Paralympic Program is taking seriously injured veterans
and helping them to accept their new physical limitations and
to explore those limits. The Program teaches veterans that they
can live productive lives even though they are injured or
disabled. The veterans learn how to use their new equipment,
which can range from a wheelchair to a prosthetic limb and
engage in recreational events to help hone their fine motor
skills and social events so they can see how others are coping
with similar disabilities. Many of the instructors are amputees
and have a very positive mental attitude and outlook on life.
They make good role models for the recently injured
servicemembers. Some of these instructors are still on active
duty and take personal time to train these recently injured
veterans. Committee staff was very impressed with the program,
instructors, and the athletes.
Improving the quality of life for disabled servicemembers
and veterans has proven successful in leading to a positive
outlook on life and easing the transition to civilian life. The
Committee believes that Congress should provide the VA with the
needed resources to help meet this growing demand for
rehabilitative services. To assist in this effort, H.R. 4255,
as amended, authorizes $8 million annually to fund a grant
program whereby VA can assist the USOC in expanding the
opportunity for veterans and servicemembers to participate in
the Paralympic Program and thereby improve the mobility,
vitality, physical and psychological well-being of these brave
men and women.
As part of the grant program, the Committee expects the
USOC to establish partnership agreements with nationally
recognized organizations such as Disabled Sports USA and
others. The Committee believes that such agreements will
facilitate participation by increased numbers of disabled
veterans beginning with local events and progressing through
increasingly skilled levels according to the capabilities of
the disabled veteran.
H.R. 4255, as amended, would establish the Department of
Veterans Affairs Office of National Veterans Sports Programs
and Special Events. VA currently has a national office to
manage its events such as the National Veterans Wheelchair
Games and the National Veterans Winter Sports Clinic in
cooperation with veteran service organizations such as the
Paralyzed Veterans of America and the Disabled American
Veterans. The Committee believes that an office with the goal
of promoting rehabilitation through adaptive sports and other
types of events is needed to ensure continuation of those
events and cooperative opportunities. In addition, while the
Paralympic Program has been fruitful, disabled veterans have
not competed for membership on the U.S. Paralympic Team in
significant numbers. To encourage additional participation of
disabled veterans on the U.S. Paralympic Team, the bill
authorizes $2 million to fund a financial assistance program
for veterans who participate in events leading to elite
competition.
Hearings
On March 13, 2008, the Subcommittee on Economic Opportunity
held a hearing on the U.S. Paralympic Military Program. The
following witnesses testified: Mr. Andy Krieger, Director of
Sports and Recreation, Paralyzed Veterans of America; Mr.
Adrian Atizado, Assistant National Legislative Director,
Disabled American Veterans; Mr. Jose Ramos, a veteran from El
Paso, Texas, accompanied by Ms. Julia Ray, Manager, Wounded
Warrior Disabled Sports Project, Disabled Sports USA; Mr.
Charles Huebner, Chief of Paralympics, United States Olympic
Committee; and Dan D. Scott, M.D., Physical and Rehabilitation
Service, Denver VA Medical Center, U.S. Department of Veterans
Affairs.
On June 19, 2008, the Subcommittee on Economic Opportunity
held a legislative hearing on a number of bills introduced in
the 110th Congress, including H.R. 4255. The following
witnesses testified: The Honorable Bob Filner of California;
The Honorable Dennis A. Cardoza of California; The Honorable
Zoe Lofgren of California; The Honorable John R. Carter of
Texas; The Honorable John Boozman of Arkansas; The Honorable
Stephanie Herseth Sandlin of South Dakota; The Honorable Peter
Welch of Vermont; Mr. Charles Huebner, Chief of Paralympics,
United States Olympic Committee; Mr. Bobby Franklin, Executive
Vice President, CTIA The Wireless Association; Mr. Kerry Baker,
Associate National Legislative Director, Disabled American
Veterans; Mr. Joseph C. Sharpe, Jr., Deputy Director, National
Economic Commission, The American Legion; Mr. Richard Daley,
Associate Legislation Director, Paralyzed Veterans of America;
Mr. Rick Weidman, Executive Director for Policy and Government
Affairs, Vietnam Veterans of America; and Mr. R. Keith Pedigo,
Associate Deputy Under Secretary for Policy and Programs, U.S.
Department of Veterans Affairs, accompanied by Ms. Diane
Hartmann, Director, National Programs and Special Events, U.S.
Department of Veterans Affairs. Those submitting statements for
the record included: The Honorable Michael L. Dominguez,
Principal Deputy Secretary of Defense (Personnel and
Readiness), U.S. Department of Defense; The Honorable Charles
Ciccolella, Assistant Secretary for Veterans' Employment and
Training, U.S. Department of Labor; and Ms. Rebecca Noah
Poynter, Owner, OnPoynt Communications, Dallas, Texas.
Subcommittee Consideration
On June 26, 2008, the Subcommittee on Economic Opportunity
met in open markup session and ordered favorably forwarded to
the full Committee H.R. 4255, as amended, by voice vote. During
consideration of the bill the following amendment was
considered:
An amendment in the nature of a substitute by Mr. Hall of
New York that would require the VA to conduct oversight of the
Paralympic Program; require a separate budget line item for
funding appropriated for this program; provide, subject to the
availability of appropriations for this purpose, a monthly
allowance for a veteran invited by the USOC to compete for a
slot, or those selected for, the Paralympic Team; and, require
the Under Secretary for Health to make available therapists and
other medical staff to facilitate participation in sporting
events, pay all appropriate expenses of VA personnel and not
require employees to use personal leave to support events in
Paralympic Program, was agreed to by voice vote.
Committee Consideration
On July 16, 2008, the full Committee met in an open markup
session, a quorum being present, and ordered H.R. 4255, as
amended, reported favorably to the House of Representatives, by
voice vote. During consideration of the bill the following
amendment was considered:
An amendment in the nature of a substitute by Ms. Herseth
Sandlin of South Dakota that would make technical and
conforming changes and clarify the intent of the legislation,
was agreed to 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 record votes
on the motion to report the legislation and amendments thereto.
There were no record votes taken on amendments or in connection
with ordering H.R. 4255 reported to the House. A motion by Mr.
Buyer of Indiana to order H.R. 4255, as amended, reported
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's performance
goals and objectives are reflected in the descriptive portions
of this report.
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. 4255 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) 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.
4255 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. 4255 provided by the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 23, 2008.
Hon. Bob Filner,
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. 4255, the United
States Olympic Committee Paralympic Program Act of 2008.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Dwayne M.
Wright.
Sincerely,
Robert A. Sunshine
(For Peter R. Orszag, Director).
Enclosure.
H.R. 4255--United States Olympic Committee Paralympic Program Act of
2008
Summary: H.R. 4255 would authorize the Department of
Veterans Affairs (VA) to provide grants to the United States
Olympic Committee (USOC) to implement the Paralympic Program
for disabled veterans and disabled members of the armed forces.
H.R. 4255 also would establish an Office of National Veterans
Sports Programs and Special Events within VA. CBO estimates
that implementing H.R. 4255 would cost $10 million in 2009 and
$50 million over the 2009-2013 period, assuming appropriation
of the authorized amounts. Enacting the bill would have no
effect on direct spending or revenues.
H.R. 4255 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. 4255 is shown in the following table.
The costs of this legislation fall within budget function 700
(veterans benefits and services).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2009 2010 2011 2012 2013 2009-2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Paralympic Program:
Authorization Level............................ 8 8 8 8 8 40
Estimated Outlays.............................. 8 8 8 8 8 40
Office of National Veterans Sports Programs:
Authorization Level............................ 2 2 2 2 2 10
Estimated Outlays.............................. 2 2 2 2 2 10
Total Changes:
Authorization Level.................... 10 10 10 10 10 50
Estimated Outlays...................... 10 10 10 10 10 50
----------------------------------------------------------------------------------------------------------------
Basis of estimate: Section 3 would allow VA to make grants
to the USOC to plan, develop, manage, and implement the
Paralympic Program for disabled veterans and disabled members
of the armed services. VA would be authorized to provide $8
million in grant money per year to the USOC for those purposes.
In order to receive the grant, the USOC would have to apply to
VA and outline the activities and objectives it would expect to
achieve using the grant. CBO expects that implementing section
3 would cost $40 million over the 2009-2013 period, assuming
appropriation of the authorized amounts.
Section 4 would establish the Office of National Veterans
Sports and Special Events within VA. The goal of this office
would be to promote the participation of disabled veterans and
disabled members of the armed services in sporting events
sponsored by the USOC. Through this office, VA would be
authorized to provide a monthly allowance to certain veterans
for any month in which they are in training for any USOC event
or are residing at the USOC training center. Also, the Veterans
Health Administration would be required, whenever possible, to
provide recreational and physical therapists and other medical
staff to facilitate the participation of veterans in any USOC-
sanctioned activity. Under section 4, $2 million would be
authorized annually to run the Office of National Veterans
Sports and Special Events. CBO expects that implementing
section 4 would cost $10 million over the 2009-2013 period,
assuming appropriation of the authorized amounts.
Intergovernmental and private-sector impact: H.R. 4255
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;
Impact on state, local, and tribal governments: Lisa Ramirez-
Branum; Impact on the private sector: Daniel Frisk.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 4255 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.
4255.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for H.R. 4255 is provided by Article
I, section 8 of the Constitution of the United States.
Applicability to 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.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section would provide the short title of H.R. 4255 as
the ``United States Olympic Committee Paralympics Program Act
of 2008.''
Section 2. Findings and purpose
Subsection (a) Findings
This subsection notes that Congress finds that: the United
States Olympic Committee manages and administers the Paralympic
Program for physically disabled athletes; the United States
Olympic Committee entered into a memorandum of understanding
with the Secretary of Veterans Affairs to expand the Paralympic
Program to provide special training and rehabilitation to
disabled members and veterans of the Armed Forces; the
Paralympic Program helps rehabilitate disabled members and
veterans of the Armed Forces, reducing the incidence of
secondary medical conditions in those participants; because of
Operation Enduring Freedom and Operation Iraqi Freedom the
number of disabled members and veterans has substantially
increased; thereby, justifying the expansion of the Paralympic
Program.
Subsection (b) Purpose
This subsection states that the purpose of this Act is to
promote a healthy lifestyle of disabled veterans and members of
the Armed Forces through physical activity and sports; increase
outreach efforts for participation in disabled sports; create
partnerships among organizations involved in helping disabled
athletes; provide training to organizations that offer
paralympic sports training to disabled veterans and members of
the Armed Forces in their own communities; provide support to
the United States Olympic Committee to increase participation
in the Paralympic Program.
Section 3. Department of Veterans Affairs provision of assistance to
United States Olympic Committee Paralympic Program
This section creates a new section 521A of title 38, United
States Code, that would authorize the VA to provide grants to
the USOC to implement the Paralympic Program. The VA would be
required to conduct oversight of the use of the grant and the
USOC would be required to submit an application to the
Secretary that outlines the goal and objectives that would be
achieved with the grant funds prior to receiving the grant. In
addition, the grant application would provide a list of local
and national partnerships that would be participating in
activities proposed to be funded by the grant and the amount of
grant funds that would be distributed to such other groups.
Grant monies could only be used to support, supervise, and
implement the activities for disabled veterans and members of
the Armed Forces for a program approved by the Secretary that
provides services and activities for disabled veterans and
members of the Armed Forces.
Section 4. Department of Veterans Affairs Office of National Veterans
Sports Programs and Special Events
This section would establish an Office of National Veterans
Sports Programs and Special Events. The Office Director will
report directly to the Assistant Secretary for Public and
Intergovernmental Affairs. The Office Director would establish
and carry out qualifying programs approved by the Secretary and
facilitate and encourage participation of disabled veterans in
such programs. Subject to the availability of appropriations
for such purpose, the Office Director would be authorized to
establish a monthly amount of subsistence allowance for certain
veterans competing, or selected, for a spot on the U.S.
Paralympic Team.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
TITLE 38, UNITED STATES CODE
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PART I--GENERAL PROVISIONS
* * * * * * *
CHAPTER 3--DEPARTMENT OF VETERANS AFFAIRS
Sec.
301. Department.
* * * * * * *
321. Office of National Veterans Sports Programs and Special Events.
* * * * * * *
Sec. 321. Office of National Veterans Sports Programs and Special
Events
(a) Establishment.--There is in the Department an Office of
National Veterans Sports Programs and Special Events. There is
at the head of the Office a Director, who shall report directly
to the Assistant Secretary for Public and Intergovernmental
Affairs of the Department.
(b) Responsibilities of Director.--Subject to the direction
of the Secretary, the Director--
(1) shall establish and carry out qualifying programs
and events;
(2) may provide for sponsorship by the Department of
qualifying programs and events;
(3) may provide for, facilitate, and encourage
participation by disabled veterans in qualifying
programs and events; and
(4) shall cooperate with the United States Olympic
Committee and its subsidiaries to promote the
participation of disabled veterans and disabled members
of the Armed Forces in sporting events sponsored by the
United States Olympic Committee and its subsidiaries.
(c) Qualifying Program or Event.--For purposes of this
section, a qualifying program or event is a sports program or
other event in which disabled veterans and disabled members of
the Armed Forces participate and that is approved by the
Secretary as being consistent with the goals and missions of
the Department.
(d) Monthly Assistance Allowance.--(1) The Director may
provide a monthly assistance allowance to a veteran with a
disability invited by the United States Olympic Committee to
compete for a slot on, or selected for, the Paralympic Team for
any month in which the veteran is training or competing in any
event sanctioned by the United States Olympic Committee or who
is residing at a United States Olympic Committee training
center.
(2) The amount of the monthly assistance payable to a veteran
under paragraph (1) shall be equal to the monthly amount of
subsistence allowance that would be payable to the veteran
under chapter 31 of this title if the veteran were eligible for
and entitled to rehabilitation under such chapter.
(3) Any amount of assistance paid to a veteran under this
subsection shall be in addition to any other assistance
available to the veteran under any other provision of law.
(4) There is authorized to be appropriated to carry out this
subsection $2,000,000 for fiscal year 2009 and each fiscal year
thereafter.
(e) Limitation on Statutory Construction.--Nothing in this
section shall be construed as a limitation on current disabled
sports and special events supported by the Department.
* * * * * * *
CHAPTER 5--AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER I--GENERAL AUTHORITIES
Sec.
501. Rules and regulations.
* * * * * * *
SUBCHAPTER II--SPECIFIED FUNCTIONS
* * * * * * *
521A. Assistance for United States Olympic Committees Paralympic
Program.
* * * * * * *
SUBCHAPTER II--SPECIFIED FUNCTIONS
* * * * * * *
Sec. 521A. Assistance for United States Olympic Committees Paralympic
Program
(a) Authorization to Provide Assistance.--The Secretary may
make grants to the United States Olympic Committee to plan,
develop, manage, and implement the Paralympic Program for
disabled veterans and disabled members of the Armed Forces.
(b) Oversight by Secretary.--As a condition of receiving a
grant under this section, the United States Olympic Committee
shall permit the Secretary to conduct such oversight of the use
of grant funds as the Secretary determines is appropriate.
(c) Application Requirement.--(1) Before the Secretary may
make a grant to the United States Olympic Committee under this
section, the Committee shall submit to the Secretary an
application that describes the activities to be carried out
with the grant, including information on specific measurable
goals and objectives to be achieved using grant funds. The
application shall include a detailed description of all
partnerships referred to in paragraph (2) at the national and
local levels that will be participating in such activities and
the amount of grant funds that will be made available for each
of such partnerships.
(2) Partnerships.--Partnerships referred to in this paragraph
are agreements between the United States Olympic Committee and
national organizations with significant experience in the
training and support of disabled athletes and the promotion of
disabled sports at the local and national levels. Such
organizations include Disabled Sports USA, Blaze Sports,
Paralyzed Veterans of America, and Disabled American Veterans.
The agreements shall detail the scope of activities and funding
provided by the United States Olympic Committee to the partner.
(d) Use of Funds.--(1) The United States Olympic Committee,
with the assistance and cooperation of the Secretary and the
heads of other appropriate Federal and State departments and
agencies and partnerships referred to in subsection (c)(2),
shall use a grant under this section to recruit, support,
encourage, schedule, facilitate, supervise, and implement the
activities described in paragraph (3) for disabled veterans and
disabled members of the Armed Forces either directly or by
supporting a program described in paragraph (2).
(2) A program described in this paragraph is a sport program
that--
(A) promotes basic physical activity, games,
recreation, training, and competition;
(B) is approved by the Secretary; and
(C)(i) provides services and activities described in
paragraph (3) for disabled veterans and disabled
members of the Armed Forces; and
(ii) may also provide services and activities
described in paragraph (3) for individuals with
disabilities who are not veterans or members of the
Armed Forces, or both; except that funds made available
to carry out this section may not be used to support
those individuals with disabilities who are not
veterans or members of the Armed Forces.
(3) Activities described in this paragraph are--
(A) instruction, participation, and competition in
Paralympic sports;
(B) training and technical assistance to program
administrators, coaches, recreational therapists,
instructors, Department employees, and other
appropriate individuals; and
(C) coordination, Paralympic classification of
athletes, athlete assessment, sport-specific training
techniques, program development (including programs at
the local level), program-specific medical and personal
care support, sports equipment, supplies, program
evaluation, and other activities related to the
implementation and operation of the program.
(4) A grant made under this section may include, at the
discretion of the Secretary, an amount for administrative
expenses, but not to exceed ten percent of the amount of the
grant.
(5) Funds made available by the United States Olympic
Committee to a grantee under subsection (c) may include an
amount for administrative expenses, but not to exceed ten
percent of the amount of such funds.
(e) Outreach Requirement.--The Secretary shall conduct an
outreach campaign to inform all eligible veterans and
separating members of the Armed Forces with physical
disabilities about the existence of the Paralympic Program and
shall provide for, facilitate, and encourage participation of
such veterans and separating servicemembers in programs under
this section to the extent possible.
(f) Coordination.--The Secretary shall ensure access to and
use of appropriate Department facilities by disabled veterans
and disabled members of the Armed Forces participating in the
Paralympic Program to the maximum extent possible and to the
extent that such access and use does not adversely affect any
other assistance provided to veterans.
(g) Authorization of Appropriations.--There is authorized to
be appropriated $8,000,000 annually to carry out this section.
(h) Separate Accounting.--The Department shall have a
separate line item in budget proposals of the Department for
funds to be appropriated to carry out this section. Funds
appropriated to carry out this section shall not be commingled
with any other funds appropriated to the Department.
(i) Limitation on Use of Funds.--Except as provided in
subsections (d)(4) and (d)(5), funds appropriated to carry out
this section may not be used to support or provide services to
individuals who are not disabled veterans or disabled members
of the Armed Forces.
* * * * * * *