[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

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               CHAPTER 3--DEPARTMENT OF VETERANS AFFAIRS

Sec.
301.  Department.
     * * * * * * *
321.  Office of National Veterans Sports Programs and Special Events.

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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.

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            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.

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SUBCHAPTER II--SPECIFIED FUNCTIONS

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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.

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