[Senate Report 106-113]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 221
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-113

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



 
REQUIRING THE SECRETARY OF VETERANS AFFAIRS TO ESTABLISH A NATIONAL 
  CEMETERY FOR VETERANS IN THE ATLANTA, GEORGIA, METROPOLITAN AREA, IN 
  SOUTHWESTERN PENNSYLVANIA, AND IN THE MIAMI, FLORIDA METROPOLITAN AREA

                                _______
                                

                 July 20, 1999.--Ordered to be printed

                                _______


  Mr. Specter, from the Committee on Veterans' Affairs, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                         [To accompany S. 695]

    The Committee on Veterans' Affairs, to which was referred 
the bill (S. 695) to direct the Secretary of Veterans Affairs 
to establish a national cemetery for veterans in the Atlanta, 
Georgia, metropolitan area, having considered the same, reports 
favorably thereon and recommends that the bill, as amended, do 
pass.

                             COMMITTEE BILL

    The amendments are as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. ESTABLISHMENT OF NATIONAL CEMETERIES.

    (a) In General.--The Secretary of Veterans Affairs shall establish, 
in accordance with chapter 24 of title 38, United States Code, the 
following:
          (1) A national cemetery in the Atlanta, Georgia, metropolitan 
        area to serve the needs of veterans and their families.
          (2) A national cemetery in Southwestern Pennsylvania to serve 
        the needs of veterans and their families.
          (3) A national cemetery in the Miami, Florida, metropolitan 
        area to serve the needs of veterans and their families.
    (b) Consultation in Selection of Sites.--Before selecting the sites 
for the national cemeteries to be established under subsection (a), the 
Secretary shall consult with--
          (1) in the case of the national cemetery to be established 
        under paragraph (1) of that subsection, appropriate officials 
        of the State of Georgia and appropriate officials of local 
        governments in the Atlanta, Georgia, metropolitan area;
          (2) in the case of the national cemetery to be established 
        under paragraph (2) of that subsection, appropriate officials 
        of the State of Pennsylvania and appropriate officials of local 
        governments in Southwestern Pennsylvania;
          (3) in the case of the national cemetery to be established 
        under paragraph (3) of that subsection, appropriate officials 
        of the State of Florida and appropriate officials of local 
        governments in the Miami, Florida, metropolitan area; and
          (4) appropriate officials of the United States, including the 
        Administrator of General Services, with respect to land 
        belonging to the United States that would be suitable as a 
        location for the establishment of each such national cemetery.
    (c) Report.--As soon as practicable after the date of the enactment 
of this Act, the Secretary shall submit to Congress a report on the 
establishment of the national cemeteries under subsection (a). The 
report shall 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.
    Amend the title to read as follows: ``A Bill To require the 
Secretary of Veterans Affairs to establish a national cemetery for 
veterans in the Atlanta, Georgia, metropolitan area, in Southwestern 
Pennsylvania, and in the Miami, Florida, metropolitan area.''.

                              INTRODUCTION

    On March 24, 1999, Senator Max Cleland introduced S. 695, a 
bill to direct the Secretary of Veterans Affairs to establish a 
national cemetery for veterans in the Atlanta, Georgia, 
metropolitan area. Senator Paul Coverdell cosponsored the bill.
    On May 20, 1999, the Committee held a hearing on a number 
of bills pending before the Committee, including S. 695. The 
Committee received testimony from Senator Kent Conrad; from 
representatives of the Department of Veterans Affairs (VA) and 
the Department ofArmy; and from representatives of The American 
Legion, the Veterans of Foreign Wars, the Disabled American Veterans, 
the Paralyzed Veterans of America, AMVETS, and the Vietnam Veterans of 
America. In addition, the Committee received written statements for the 
record from the Chief Judge of the United States Court of Appeals for 
Veterans Claims; and from representatives of the American Federation of 
Government Employees, AFL-CIO, the National Association of Government 
Employees, the National Association of VA Physicians and Dentists, the 
Nurses Organization of Veterans Affairs, and National Coalition for 
Homeless Veterans.

                           COMMITTEE MEETING

    On June 23, 1999, the Committee met in open session to 
consider S. 695, as amended, and other legislation pending 
before the Committee. The Committee voted by unanimous voice 
vote to report S. 695, as further amended, favorably to the 
Senate.

                     SUMMARY OF S. 695 AS REPORTED

    S. 695, as reported, (hereinafter, the ``Committee bill'') 
contains freestanding provisions that would: (a) direct the 
Secretary of Veterans Affairs (hereinafter, the ``Secretary''), 
after consulting with appropriate State and local officials 
concerning potential sites, to establish national cemeteries 
in: (1) the Atlanta, Georgia, metropolitan area; (2) 
Southwestern Pennsylvania; and (3) the Miami, Florida, 
metropolitan area; and (b) require that the Secretary submit a 
report to Congress as soon as practicable after the date of 
enactment of S. 695 a schedule for and the costs of 
establishing each of the above national cemeteries.

                               DISCUSSION

Background

    VA is authorized by chapter 24 of title 38, United States 
Code, to establish and operate a national cemetery system. In 
addition, the States operate their own veterans' cemeteries, 
and VA assists the States in establishing, expanding, and 
improving such cemeteries by offering grant assistance to the 
States. See 38 U.S.C. Sec. 2408.
    Prior to 1998, VA granted to the States up to 50% of the 
costs incurred by the States in acquiring and improving land 
for State veterans cemetery use. The grant formula was amended 
in 1998, however, to authorize VA to grant to the States no 
more than 100% of land improvement costs and, in addition, 
initial operating equipment costs. See section 404 of Public 
Law 105-368. This amendment was made in recognition of the fact 
that many States own lands suitable for potential cemetery use 
and that they, accordingly, may not need VA assistance in 
acquiring land.
    VA has developed a ``radius'' system, as outlined in a 
February 1994 VA Report, to determine where it believes VA 
operated national cemeteries should be sited. As outlined in 
the 1994 report, VA identified, in 1987, a list of the 10 
metropolitan areas of the United States which had the highest 
concentration of veterans and which were not then served by 
either an open national cemetery or State cemetery within a 100 
mile radius. That list included the following locales: Chicago, 
San Francisco, Miami, Cleveland, Detroit, Pittsburgh, Dallas/
Fort Worth, Seattle, Albany, and Oklahoma City. In 1994, VA 
created a new list, this time based on its analysis of the 10 
metropolitan areas having the highest concentration of veterans 
not then served by either an open national cemetery or State 
cemetery within a 75 mile radius. That list included the 
following locales: Chicago, Detroit, Cleveland, Dallas/Fort 
Worth, Sacramento, Miami, Atlanta, Seattle, St. Louis, and 
Albany.
    VA either has built, is building, or has announced plans to 
build, cemeteries in Chicago, Cleveland, Dallas/Fort Worth, 
Seattle, and Albany. In addition, VA has acquired additional 
land for use in expanding the national cemetery in St. Louis. 
VA has not yet announced plans to open cemeteries in the 
following cities (listed alphabetically) which are identified 
as areas of need by either the 1987 or 1994 analyses: Atlanta, 
Detroit, Miami, Oklahoma City, Pittsburgh, and Sacramento.

Committee bill

    The Committee bill would direct VA to establish national 
cemeteries in 3 of the 7 areas where VA has determined that 
there is a need for such cemeteries: Atlanta, Southwestern 
Pennsylvania (Pittsburgh), and Miami. The Committee does not 
intend to foreclose the establishment of cemeteries in the 
other 3 sites where there is a need.

                             COST ESTIMATE

    In compliance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate, the Committee, based on 
information supplied by CBO, estimates that enactment of the 
bill would result in costs of $4 million in fiscal year 2000 
and $55 million over the fiscal year 2000-2006 period, assuming 
the appropriation of the necessary amounts. Because the bill 
would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply.
    The cost estimate provided by CBO follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 30, 1999.
Hon. Arlen Specter,
Chairman, Committee on Veterans' Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office (CBO) 
has prepared the enclosed cost estimate for S. 695, a bill to 
require the Secretary of Veterans Affairs to establish a 
national cemetery for veterans in the Atlanta, Georgia, 
metropolitan area, in Southwestern Pennsylvania, and in the 
Miami, Florida, metropolitan area.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Michael A. 
Miller.
            Sincerely,
                                            Dan L. Crippen,
                                                          Director.
    Enclosure.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S. 695--A bill to require the Secretary of Veterans Affairs to 
        establish a national cemetery for veterans in the Atlanta, 
        Georgia, metropolitan area, in Southwestern Pennsylvania, and 
        in the Miami, Florida, metropolitan area

    Summary: S. 695 would direct the Secretary of Veterans 
Affairs (VA) to establish additional national cemeteries for 
veterans in the Atlanta, Georgia, metropolitan area, in 
southwestern Pennsylvania, and in the Miami, Florida, 
metropolitan area. CBO estimates that implementing the bill 
would cost $4 million in 2000 and $55 million over the 2000-
2006 period, assuming appropriation of the necessary amounts. 
Because the bill would not affect direct spending or receipts, 
pay-as-you-go procedures would not apply. S. 695 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of the bill is shown in Table 1. The costs of 
this legislation fall within budget function 700 (veterans 
affairs).
    Basis of estimate: Based on the costs of cemeteries 
currently under construction, CBO estimates that the planning 
and construction of the three national cemeteries would cost 
$55 million over the 2000-2006 period, assuming appropriation 
of the necessary amounts. In 2000, costs of about $4 million 
would stem from environmental impact studies and the 
acquisition of land for the three cemeteries. CBO estimates 
that the design and planning of the cemeteries, which would 
take about two years to complete, would cost about $6 million. 
The estimate assumes that construction would begin in the fifth 
year and would take about three years to complete. Depending on 
the size of the cemeteries, costs would range from about $30 
million to $60 million to construct the three cemeteries. CBO 
estimates that appropriations of about $45 million would be 
necessary in 2004, and that the resulting outlays would occur 
over a three-year period.

TABLE 1.--ESTIMATED CHANGES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 695, AS ORDERED REPORTED BY THE SENATE
                                           VETERANS' AFFAIRS COMMITTEE
                                    [By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                   1999    2000    2001    2002    2003    2004
----------------------------------------------------------------------------------------------------------------
Estimated Authorization Level...................................       0       4       0       6       0      45
Estimated Outlays...............................................       0       1       3       3       3      15
----------------------------------------------------------------------------------------------------------------

    Pay-As-You-Go Considerations: None.
    Intergovernmental and Private-Sector Impact: S. 695 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The bill could result in a loss of tax 
revenues to local governments if private lands were to be 
acquired for this publicuse. Because sites for these cemeteries 
have not been chosen, CBO has no basis for estimating the loss of 
revenues, if any.
    Estimate prepared by: Federal Costs: Charles Riemann and 
Michael A. Miller. Impact on State, Local, and Tribal 
Governments: Susan Sieg. Impact on the Private Sector: Rachel 
Schmidt.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT STATEMENT

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee on Veterans' 
Affairs has made an evaluation of the regulatory impact that 
would be incurred in carrying out the Committee bill. The 
Committee finds that the Committee bill would not entail any 
regulation of individuals or businesses or result in any impact 
on the personal privacy of any individuals and that the 
paperwork resulting from enactment would be minimal.

                 TABULATION OF VOTES CAST IN COMMITTEE

    In compliance with paragraph 7 of rule XXVI of the Standing 
Rules of the Senate, the following is a tabulation of votes 
cast in person or by proxy by members of the Committee on 
Veterans' Affairs at its June 23, 1999, meeting. On that date, 
the Committee, by unanimous voice vote, ordered S. 695, as 
amended, reported favorably to the Senate.

                             AGENCY REPORT

    On May 20, 1999, the Honorable Togo D. West, Jr., Secretary 
of Veterans Affairs, appeared before the Committee and 
submitted testimony on, among other things, certain provisions 
of S. 1076. Excerpts from these statements are reprinted below:

     Statement of Togo D. West, Jr., Secretary of Veterans Affairs

    Good afternoon, Mr. Chairman and Members of the Committee.
    It is a pleasure for me to appear before you to provide our 
Department's views on the various proposals that comprise 
today's agenda. These include S. 555 and S. 695, which deal 
with education and burial benefits, respectively, and S. 940, 
an Administration bill you introduced on our behalf which we 
view as critical to our having an organizational structure 
needed to accomplish VA's mission as we enter the next 
millennium. You also asked that we testify on the provisions of 
a draft omnibus Committee bill you plan to introduce.

           *       *       *       *       *       *       *


                                 S. 695

    S. 695, legislation introduced by Senator Cleland, would 
direct the Secretary of Veterans Affairs to establish a 
national cemetery in the Atlanta, Georgia metropolitan area.
    The findings in two reports to Congress, one completed in 
1987 and a follow-up completed in 1994, have been, and will 
continue to be, the basis for planning new national cemeteries. 
Each report identified the ten geographic areas in the United 
States in which the need for burial space for veterans is 
greatest based on concentrations of the veteran population. The 
listings, however, do not commit VA to build national 
cemeteries in each location, nor do they establish an order in 
which cemeteries in particular locations may be built.
    VA's strategic goal is to provide all veterans with 
reasonable access to a national or state veterans cemetery 
within 75 miles of their residences. In meeting that goal, VA 
is currently constructing four new national cemeteries in 
geographic areas that were identified in the 1987 and 1994 
reports to Congress. These new cemeteries will be located in 
the Albany, New York; Chicago, Illinois; Dallas/Ft. Worth, 
Texas; and Cleveland, Ohio vicinities.
    After these four new cemeteries open, VA will continue to 
evaluate the potential establishment of additional new national 
cemeteries in the remaining geographic areas, including 
Atlanta. This will be done within the framework of the 
Department's strategic planning and budgeting processes.

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

    I support this authorization for construction of three new 
national cemeteries. The Committee report correctly--but 
incompletely--sets out the status of and need for national 
cemetery construction.
    I strongly support continued and expedited construction of 
additional national cemeteries. America's veteran population is 
aging rapidly. In 1997, 537,000 veterans died. Projections of 
the veteran death rate show an increase through the year 2008, 
when the death rate of the WWII and Korea-era veterans will 
peak at 620,000 veterans. Unless expanded, 21 national 
cemeteries are scheduled to close to inground burial or close 
completely by FY 2005. Construction of new national cemeteries 
takes an average of 7 years. That is why it is critical to 
begin the process now of expanding burial sites for our 
Nation's veterans.
    In order to respond to this critical issue, VA put in place 
a process to evaluate veteran population centers that were not 
already served by an open national or state veterans cemetery. 
VA conducted two studies--one in 1987 and one in 1994--and 
based upon the locations identified in these evaluations, VA 
has decided where to construct national cemeteries.
    VA's 1987 study identified the top 10 veteran population 
areas not served by a national or state cemetery, using a 100-
mile radius formula. The areas identified were: Chicago, IL; 
Northern California (San Francisco Area); Miami, FL; Cleveland, 
OH; Detroit, MI; Pittsburgh, PA; Dallas, TX; Seattle, WA; 
Albany, NY; and Oklahoma City, OK.
    Subsequent to this survey, a national cemetery was 
constructed in Northern California (San Joaquin).
    In 1994, VA again did a survey that identified the top 10 
veteran population areas not served by a national or state 
cemetery, but modified their formula to utilize a 75-mile 
radius. Newer VA data revealed that usage outside of a 75-mile 
radius from a cemetery drops off dramatically. A new method 
called the ``zip code centroid'' method was used in 1994 and is 
considered by VA to be more accurate, as it accounts for both 
the size and population distribution of each county, rather 
than the old method that counted all veterans within a county 
even if they actually resided further from the 100-mile 
geographic center.
    The areas of greatest need identified in the 1994 report 
were: Chicago, IL; Detroit, MI; Cleveland, OH; Dallas, TX; 
Sacramento, CA; Miami, FL; Atlanta, GA; Seattle, WA; St. Louis, 
MO; and Albany, NY.
    Subsequent to the 1994 report, VA has begun, and in some 
cases, completed construction of five additional cemeteries in: 
Cleveland, OH; Chicago, IL; Seattle, WA; Dallas, TX; and 
Saratoga, NY. Also, additional land was acquired to expand the 
current St. Louis cemetery, which had been thought would close 
due to depletion of casket sites in 1998.
    The areas, from both the 1987 and 1994 reports, that remain 
unserved, and their current veteran population within a 75-mile 
radius are:

Locations:
                                                      Veteran Population
    Detroit, MI...............................................   460,000
    Sacramento, CA............................................   418,600
    Atlanta, GA...............................................   396,800
    Miami, FL.................................................   389,300
    Pittsburgh, PA............................................   210,300
    Oklahoma City, OK.........................................   116,600

    I strongly support the expansion of the national cemetery 
system in those areas that have been properly identified by the 
VA as in need. An unfortunate consequence of the fact that 
America's veterans population is aging is that it means that 
more veterans are dying. Some statistics show that 1,000 WWII 
veterans are dying each day. VA should be commended on the hard 
work that it has done to open six new national cemeteries in 
this decade, in addition to its ongoing work to expand current 
national cemeteries. Nonetheless, we--this Senator, this 
Committee, Congress as a whole, and VA--should waste no time in 
beginning new construction in areas that will reach the most 
veterans.

                                            John D. Rockefeller IV.

    changes in existing law made by the committee bill, as reported

    Since the Committee bill would not repeal or amend any 
provision of current law, this report does not contain the 
material described in clauses (a) and (b) of paragraph 12 of 
rule XXVI of the Standing Rules of the Senate.

                                  
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