Veterans Legislative Update - February 2009

Can We Really Believe in Change? - After many years observing the political landscape, I have learned that it is easier to campaign for a political office than to govern from that office. Campaigns are an exercise in making promises, while governing means delivering on those promises. President Barack Obama, during his run for the White House, made many promises to veterans and members of the Armed Forces and their families. Many of us who attended the VFW National Conventions in 2007 and 2008 heard him deliver those promises. Most of these promises were later captured in an interview with Isaac D. Pacheco, in the “American Veteran”, Winter 2009. The following is a list of those promises with a short analysis of each. A year from now, in this space, we will discuss how well the Obama Administration and the 111th Congress deliver on those promises.

VA Appropriation-Obama: “As President, I will fully fund the VA so it has all the resources to serve the veterans who need it…I also support proposals being introduced in Congress to pass the VA budget two years in advance to minimize disruptions and VA certainty”

Analysis-I suggest Mr. Obama read the constitution, Presidents no matter how well intended don’t fund anything. The President may propose a budget for an agency but it is The Congress that appropriates funding for the agency. Former President Bush learned that each budget cycle. Annually, his submissions to the Congress under funded VA, while the Congress always added money to the Bush requests.

At this writing, there are no bills dealing with advanced funding. More troubling, VA Secretary Erik Shinseki during the his confirmation hearing before the Senate Veterans Affairs Committee was an enthusiastic supporter of the concept of advanced funding for VA. In a more recent hearing before the House Committee on Veterans Affairs, Secretary Shinseki was less than enthusiastic. His statement may indicate that the Administration’s support of advance funding is softening after less than a month in office. Shinseki said, “My preference would be a timely budget”, referring to getting the VA appropriation done before the new fiscal year. Shinseki went on to say, “If that is not possible, I am sure there will be a discussion about other options.” Not exactly an about face on his earlier testimony, it is more like a left face.

Concurrent Receipt of Military Retirement Pay and Veterans Affairs Disability Compensation-Obama: “I support immediately and completely ending the disability tax and providing full and concurrent receipt of retirement pay and disability compensation.

Analysis-We certainly support the President’s position. Previous administrations, both Democratic and Republican, for more than twenty years opposed the concept of concurrent receipt. It was the Republican dominated Congress in 2002 and 2003 that forced partial concurrent receipt on the Bush Administration in the form Concurrent Disability Retirement Pay and Combat Related Special Compensation. The occupant of the Oval Office may have changed but the “bean counters” in the White House Office of Management and Budget (OMB) remain. Sadly, the Congress missed the boat by adding this one to the economic stimulus package. Our quick review of the House and Senate stimulus bills show exactly nothing which will directly benefit the military community.

TRICARE Fees and Copayments Increases-Obama: “I will ensure that America keeps the sacred trust we made with the men and women who devote their careers to military service….I was proud to consistently oppose President Bush’s plan to dramatically increase fees for military retirees using TRICARE”

Analysis-It is clear that the new President wasn’t well briefed on this issue. The so-called “sacred trust” was broken long ago when military retirees, after being told that in exchange for twenty or more years of service they and their dependents would receive free health care, found themselves paying for their “free” healthcare in the form of TRICARE enrollment fees and co-payments. While we applaud President Obama’s campaign rhetoric we’ll see if his “Green Eye Shade” guys in OMB get the word or continue to recommend draconian increases to TRICARE enrollment fees and co-payments. The Congressional Budget Office has already indicated that increases to TRICARE fees and co-payments are “options” for Congressional consideration.

Opening VA Healthcare to Non-service Connected Veterans-Obama: “I am committed to ending the unfair ban on healthcare enrollment of certain groups of veterans, including Priority 8 veterans, who often earn modest incomes. I have voted to end the unfair policy, which has resulted in the VA turning away nearly one million veterans since 2003.

Analysis-Unlike military retirees who served twenty or more years, no one ever promised a non-service connected veteran free or low cost health care. In 1996, when the Congress enacted the Veterans Health Care Reform Act, it established a system of priorities for health care. The bill provided that if there was insufficient funding to treat non-service connected veterans, the Secretary of Veterans Affairs had the authority to deny enrolled non-service connected veterans healthcare. Former Secretary Principi exercised that authority in 2003 by not enrolling new Priority 8 veterans. President Obama claims he voted to end the “unfair policy” – not completely true, he only voted for last year’s appropriation which allows only certain Priority 8 veterans to enroll in VA Healthcare.

While we are committed to ensuring veterans receive the healthcare they need, we are concerned that a sudden influx of non-service connected veterans will result in degradation of care needed by service connected disabled veterans. Not all Priority 8 veterans “earn modest incomes”. Priority 8 includes the wealthiest veterans; who can certainly afford to pay co-payments and an enrollment fee. Lastly, does President Obama envision VA as the test bed for a National Health Care System?

VA’s Disability Claims Backlog-Obama: “There are currently more than 800,000 claims pending within the Veterans Benefits Administration. VA error rates have grown high. Over 100,000 cases contain significant errors. In the Senate, I voted to increase funding to hire additional claims staff. As President, I will hire additional claims workers and convene our leading veterans groups, employees and managers to develop an updated training and management model that will ensure…decisions are rated fairly…”

Analysis-We hope this isn’t “A Bridge Too Far”. When former President George W. Bush took office, he tasked his first VA Secretary, Anthony Principi, with the mission of fixing this problem. Eight years and billions of dollars after a VA Secretary said he will fix the problem, America’s veterans and their surviving spouses are waiting. Given the current Global War on Terrorism and the elderly World War II and Korean War population and the herbicide related diseases afflicting Vietnam veterans, the hiring of new personnel alone will not reduce the backlog. Someone hired by VA today, will not be able to competently rate claims for three years. Money alone is not the fix, the problem is systemic and requires a major restructuring of the Veterans Benefits Administration how it transition people from active military status and a complete revision of the rating schedule.

President Obama set the bar high for his administration. Let’s see how well he delivers on these promises. With the Administration and The Congress of the same party, they have the political high ground to deliver on those promises. The President while he speaks eloquently of a “sacred trust”, must understand that for those who willingly placed themselves between this nation and its enemies “sacred trust” is more than a phrase, it represents payment for a lifetime of sacrifice in the service of our nation.

Bipartisan Bill Introduced on TRICARE - Reps. Chet Edwards (D-TX) and Walter Jones (R-NC) this week jointly reintroduced their Military Retirees' Health Care Protection Act (H.R. 816) which would bar the Defense Department from unilaterally increasing military TRICARE enrollment fees, co payments, and other fees.

Under their legislation, only Congress would have that authority. Edwards and Jones have championed this legislation for several years, and have been joined by hundreds of their colleagues who signed on as cosponsors of their bill. Their effort, along with the resistance of top Armed Services Committee leaders, is a big reason why Congress has rejected repeated Pentagon proposals to double or triple TRICARE fees for retirees under age 65 and increase pharmacy copays for all beneficiaries who purchase medications through TRICARE's retail or mail-order pharmacy systems.

"I hope the new administration will not request the same premium increases as the last, but this legislation will allow us to remove any temptation," Edwards said in announcing the newly reintroduced bill. "We cannot attract the best and brightest to fight our war on terrorism in the years ahead if they see us breaking faith with those who served in years past."

"This legislation is about offering protection for the men and women who are willing to protect our nation from its enemies, and keeping promises to those who have promised to put themselves in harm's way when called upon," Rep. Jones agreed. "The families of our armed forces deserve consistent health care benefits."

We in the Veterans of Foreign Wars have long appreciated the support of Representative Edwards and Jones fore veterans, military retirees, active and reserve members of the Armed Forces. We are gratified that Mr. Edwards, last year’s recipient of the Veterans of Foreign Wars National Organization’s Congressional Award, has taken a critical leadership role on this issue. We also appreciate the work that Representative Jones is doing to reform the Reserve Component Retirement System.

More Quality of Life Legislation - Although the focus in Congress is on the passage of an economic stimulus package we are gratified that some members have filed bills which address a number of our legislative priorities.

H.R. 775 (Rep. Ortiz, D-TX) would repeal the requirement to deduct VA survivor benefits from military Survivor Benefit Plan annuities.

H.R. 613 (Rep. Jones, R-NC) would allow a survivor to keep the entire retired pay for the month in which a service member dies. Current practice requires the government to recoup the money and pro-rate it based on the date of death.

H.R. 593 (Rep. Smith, D-WA) would better protect against deduction of VA disability compensation from military disability severance pay in instances of combat- or operations-related disabilities. A narrow interpretation of the recent law change on this topic covers only injuries occurring in a combat zone - excluding those which incurred in combat training or other operations-related accidents.

TALLAHASSEE TALES
State Legislative Update

Proposed Ad Valorem Tax Changes-The Department of Florida, VFW adopted legislative priorities. which if approved, will benefit some veterans who are homeowners. The first requires that counties provide a 100% ad valorem exemption to active service members for the period in which they are serving in combat zones. The other priority calls for removing the pre-service residency requirement for those veterans seeking an ad valorem exemption based on service connected disabilities deemed combat related. Currently. to qualify for the Combat Related Ad Valorem exemption, the veteran must be at least 65 years old and must have entered active duty as resident of Florida.

At this writing, we are lining up sponsors for these bills in both the Florida Senate and House of Representatives. Assuming passage of these bills, the people of Florida will have to approve these changes through referenda during the General Election in November 2010.

BUCHANAN RECEIVES VFW LEGISLATIVE ACHIEVEMENT AWARD

Washington, D.C. - Congressman Vern Buchanan has been awarded the Veterans of Foreign Wars' (VFW) legislative achievement award by the Florida VFW for his service to members of the Armed Forces, veterans and their families.

"It is an honor for me to receive this award," said Buchanan. "I applaud the Florida VFW for their efforts to assist disabled and other needy veterans and their families. I value their input and I am humbled to receive this award. I will continue to work with the VFW and others to ensure that our nation's veterans get the health care and benefits they have earned."

David L. Harris, Commander of Florida's Veterans of Foreign Wars presented the award to Buchanan during the VFW Celebration of Achievement Event in Orlando.

"We are deeply indebted to Congressman Buchanan for his work on legislation improving the quality of life of active and reserve service members, military retirees, veterans and their families," said Harris.

Harris noted Buchanan's support for the Post 911 G.I. bill that guarantees the newest generation of veterans a quality college education. The commander also hailed the Congressman's efforts to pass legislation to modernize the reserve retirement system and his successful efforts to secure federal funding for the construction of the Jacksonville and Sarasota National Cemeteries.

The 13th District Congressman is a veteran of the Air National Guard. He was recently sworn in to his second term in Congress and currently serves on the House Veterans' Affairs Committee and the Subcommittee on Health.

Legislative Update - January 2009 by LTC Lee F. Kichen

BATTLING INSIDE THE BELTWAY
Federal Legislative Update

Representative Vern Buchanan to Receive Legislative Achievement Award - David L. Harris, Commander of Florida’s Veterans of Foreign Wars announced the selection of United States Representative Vern Buchanan (R-FL13) as the recipient of its Legislative Achievement Award. In announcing this selection, Mr. Harris, Vietnam War veteran, lauded Mr. Buchanan’s service to members of the Armed Forces, veterans and their families. “We are deeply indebted to Congressman Buchanan for his work on legislation improving the quality of life of active and reserve service members, military retirees, veterans and their families. We are especially gratified that as freshman member of Congress that he sought a seat on the House Committee on Veterans Affairs. Last year, our number one legislative priority was the passage of a new GI Bill. We are gratified that not only was Mr. Buchanan an early and active supporter of the Post 9-11 GI Bill; he worked tirelessly to get his more senior colleagues to support this critical legislation. This bill guarantees the newest generation of veterans a quality college education. As a veteran of the Air National Guard, understands the challenges facing Guards members, Reservists and their families. We appreciate his efforts in working towards the passage legislation modernizing the reserve retirement system. Mr. Buchanan led the effort to secure an early appropriation for the construction of the Jacksonville and Sarasota National Cemeteries which will now open two years ahead of the original schedule.”

VA to Begin Enrolling Category 8 Veterans - One of the VFW’s legislative goals was secure sufficient fund to reopen VA Health Care to non-service connected veterans with incomes higher than $29,000. The VA announced plans this week to begin partially opening up the health care system to new Category 8 veterans by increasing the income threshold by about 10 percent. New Category 8 veterans -- those with incomes above a geographically adjusted amount of approximately $29,000 -- have been prevented from enrolling in the VA system since January 2003. Last year after an intense lobbying effort on the part of the VFW National Legislative Committee, the 110th Congress gave VA an extra $375 million in funding to begin opening up the system. VA is expected to begin enrolling these veterans in June.

Reserve Retirement Bill Introduced - Another long standing priority of the VFW has been reform of the Reserve Component Retirement System. It has been our position that given the essential role played by members of the Reserve and National Guard, they should receive credit for all active service in the Global War on Terrorism. Rep. Joe Wilson (R-SC) introduced H.R. 208 on Tuesday to amend Title 10, United States Code, to ensure that members of the Reserve Components who have served on active duty -- or performed active service since 9/11 in support of a contingency operation or in other emergency situations -- receive credit for such service in determining their eligibility for early receipt of retired pay. This measure will expand the provision included in the FY08 National Defense Authorization Act that allows members to receive retirement pay earlier than the normal age 60 by three months for every 90 day served on active duty after Jan. 28, 2008. The VFW resolution addressing this issue can be found at http://www.vfw.org/index.cfm?fa=caphill.levele&eid=4047. Action Needed: Contact you members of Congress and ask them to sign on as a cosponsor of H.R. 208. To contact your elected official, go to: http://capwiz.com/vfw/dbq/officials/.

Who is Going to Pay for the Bailout? - In previous editions, we have talked about the current economic situation and its impact on the active and reserve troops, veterans and retirees and families. As we see what could be trillions upon trillions of dollars going towards bailouts and economic stimulations some of our most important benefits could be threatened. A document published by the Congressional Budget Office (CBO) in December 2008 is reason for concern. At the present time, this document is nothing more than what we used to call in The Pentagon a “What If Drill”. Nevertheless, this paper this ‘think piece’ “Budget Options: Volume 1, Health Care” provides “115 options for reducing (or, in some cases, increasing) federal spending on health care, altering federal health care programs, and making substantive changes to the nation’s health insurance system.”

Those options range from authorizing private sector workers to purchase coverage under the federal civilian health plan to raising the Medicare eligibility age to 67 and raising Medicare Part B premiums by 40 percent.

Many of the proposed courses of action merit vigilance:

• Authorize a $500 annual health care allowance for active duty families but charge them 10 percent of the cost of care and impose a fee for them to use military hospitals and clinics.
• Change TRICARE For Life so it would not cover the first $525 of Medicare-eligible military beneficiaries annual cost-share and cover only half of the next $4,725. This option also would impose charges for those who use military hospitals and clinics.
• Raise TRICARE fees for military retirees under age 65 to more than double the current rates. Annual enrollment fees for TRICARE Prime would be $550 (single) and $1,100 (family). TRICARE Standard deductibles would be raised to $350 (single) and $700 (family) plus an annual enrollment fee of $50 (single) and $100 (family), plus additional charges for those who use military facilities.
• End VA health care eligibility for veterans in categories 7 and 8 (nondisabled vets above certain income levels).
• Reopen VA health care enrollment to category 8 veterans for five years.

This is not a new drill, both CBO and at the White House Office of Management and Budget have had TRICARE in their cross hairs for years. In the past, the Congress killed any changes to TRICARE whether they were recommendations from the Administration or internal, i.e., CBO. However, this year the calculus is different, if the Democrats accept unconstrained deficit spending to pay for "New Deal II", we are ok. If not, we will have a battle. Historically, we have never lost a benefit previously granted, but, we were never operating in this type of economic environment.

The guy we have to watch is Health and Human Services Secretary-designate, Tom Daschle whose mission will be the development and enactment of some form of National Health Care. Obviously, he will have to sell this one to The Congress which shouldn't be hard task, because, the Democrats ran on the health care issue. My forecast is that under some form of National Health Care, the only folks that will remain as TRICARE beneficiaries will be active duty personnel and mobilized reservists. TRICARE/TRICARE for Life will effectively go away for retirees and dependents.

We are going to have play good defense during the 111th Congress. I see little expansion of benefits. The VA Appropriation will probably be a flat line. There will be zero growth or worse in DoD quality of life accounts. Forget about anymore movement on the concurrent receipt or SBP/DIC fronts for the near term.

A basic message to President-elect Obama and the Congress is that this country is at war and that the burden of this war and conflicts past are borne the veterans and military communities. We didn’t create this economic train wreck should we pay the bill for the excesses of Wall Street and poor public policy that created this mess.

TALLAHASSEE TALES
State Legislative Update

Special Session of the Florida Legislation Grappling State Budget Shortfall - At this writing the Florida Legislature is working to balance the 2009 budget as mandated by the Florida Constitution. It is anybody’s guess as to how this effort will impact Florida’s budget. Next month, we discuss this the Special Session and our legislative priorities for the Regular Session of the 2009 Florida Legislature.

Legislative Update from Lee F. Kichen, LTC, U.S. Army (Ret.)

INSIDE THE BELTWAY
Federal Legislative Update

President-elect Obama Names VA Secretary-President-elect Barack announced that he will send the name of former Chief of Staff of the Army, General (Ret) Eric K. Shinseki to the Senate for confirmation as the Secretary of Veterans Affairs. General Shinseki has first hand knowledge of the sacrifices made by members of the Armed Forces. As a young officer in Vietnam he was twice wounded and had to overcome the amputation of a foot to forge a successful career. He has commanded soldiers at every level from platoon to theater Army. He is a product of the United States Military Academy and embodies that institution's creed of Duty, Honor and Country. Beyond his unquestionable physical courage, he has the moral courage to tell his bosses the unvarnished truth as evidenced when he testified before Congress in 2003 that we would not have enough troops to successfully complete the mission in Iraq.

General (Ret) Shinseki faces enormous challenges. He and his team along with their counterparts in the Department of Defense need to achieve seamless transition for service members transferring from the Armed Forces to Department of Veterans Affairs programs. VA and DoD have for too long failed to develop an integrated electronic medical records system which travels from military duty station to military duty station and ultimately to VA. VA must improve transition benefits which insure that America's newest veterans have viable training, employment and education leading to productive careers. The first order of business for Secretary-designate Shinseki is ensuring that VA is ready to administer the Post 9-11 GI Bill when it comes on line in August 2009. We are concerned that once again the backlog of claims for VA disability compensation and survivors' benefits is growing. The new leadership at VA must ensure that OIF/OEF veterans receive the treatment appropriate for their unique conditions.

Economic Crisis Means Train Wreck for Defense Spending-Although, Robert Gates will stay on as Secretary of Defense, the Administration and the new Congress will have to grapple with budget issues that could have profound impact on the military's personnel programs. Complicating matters is the decision of the outgoing Bush Administration decision not to submit a formal budget for FY 2010; instead leaving that task to the incoming Obama Administration. There are already rumbles that the 111th Congress is seriously looking to scale back the planned increases in the end strength of the Army and Marine Corps to pay for weapons systems. Maybe we ought to play for them the tapes of GEN (Ret) Shinseki's Congressional testimony in 2003 when we were at the early stages of what is now a two front war. General Shinseki warned of fighting a war requiring twelve divisions when we only had ten.

Congress is already salivating at the possibility of a "peace dividend" resulting from troop draw downs in Iraq. The post Cold War "peace dividend" left us with an Army far two small to deal with the realities of the Global War on Terrorism. None other than Representative John Murtha (D-PA) chairman of the House Defense Appropriations Subcommittee that controls the Pentagon's budget predicts an austere future for defense spending. Given his power over defense appropriations his predictions are really self-fulfilling prophecies. Not surprisingly, he has personnel programs in his cross hairs.

The Army and Marine Corps are increasing in size, but to attract and retain recruits in wartime, they are spending $2 billion on bonuses, Murtha said. And the percentage of recruits who have graduated from high school has slipped from 94 percent to 82 percent. Murtha said the military is now spending $153 billion a year on personnel, and that cuts into spending on new weapons. "You can't increase personnel and increase procurement at the same time,"
Murtha suggests reducing defense spending by targeting personnel accounts:

• Stop spending $2 billion a year on recruiting and retention bonuses. "As we draw down [from Iraq] we ought to be able to get rid of the bonuses".

• Slow personnel increases in the Army and Marine Corps -- "because that's where the real money is." Apparently, Murtha is willing to continue spending on weapons systems, but, sacrifice both the quality and the size of the force while we still face all manner of national security threats.

Forget "Army Strong", the "Hollow Army" of Jimmy Carter is about to be reborn.

TALLAHASSEE TALES
Florida State Legislative Update

Florida Veterans Council Approves 2009 State Legislative Priorities

Each year the Florida Veterans' Council, which is a coalition of Florida's major veterans' service organizations and military associations, formulates legislative goals and priorities. The priorities listed below were agreed to unanimously during our November meeting. We believe these priorities address the most pressing needs of Florida's veterans and their families.

Ad Valorem Tax Exemptions for Deployed Service Members

Legislation asking the people to amend Article VII, Section 6 (e) of the Florida Constitution providing a 100% Ad Valorem tax exemption to members of the Armed Forces who are deployed in direct support of the Global War on Terrorism.

Request State legislators to pass a memorial that will ask congress to amend the Post 9/11 GI Bill

Chapter 33 of the Post 9-11 Veterans Educational Enhancement Act of 2008 needs to be modified to include non-college degree programs (NCD) such as trade schools, flight and correspondence schools, as well as apprenticeship and OJT. Other recommended improvements to the Post 9-11 GI Bill include provisions for lifelong learning and additional financial support for educational institutions providing programs and services to veterans.

Broader Eligibility Disabled Veterans Ad Valorem Discounts

Legislation asking the people to amend Article VII, Section 6 (e) of the Florida Constitution eliminating the age and pre-service Florida residency requirements.

State contributions to the Disabled American Veterans Transportation Program

Legislation Providing Repayment of Student Loans for Combat Veterans
Legislation requiring the Department of Education to repay student loans outstanding after a waiver has been granted to combat veterans if the loan was certified by a post secondary institution before receipt of combat qualifying badge or ribbon e.g. Army Combat Infantryman Badge, Combat Medic Badge or Combat Action Badge, Air Force Combat Action Medal or Navy/Marine Corps/Coast Guard Combat Action Ribbon.

Cash Bonuses for GWOT, Iraqi and Afghanistan Veterans

Legislation establishing a one-time cash bonus for veterans who entered active duty from Florida and received the Global War on Terrorism Expeditionary Medal, the Iraqi Campaign Medal or the Afghanistan Campaign Medal.

Legislative Update from Lee F. Kichen, LTC, U.S. Army (Ret.)

The American People Have Spoken - Every four years, in November, Americans go to the polls to choose a President. Presidential elections are the beginning of a peaceful transition of power culminating with the Inauguration in January. Ironically, November is the month that we also celebrate the service of America’s veterans. Since before the birth of the Republic, America’s veterans fought for and secured our freedom to peacefully choose those who govern this great nation. For veterans, active and reserve personnel, military retirees and their families the impending transition is the first in forty years during wartime.

In 1969, at what was in many respects the height of the Vietnam War, Richard Nixon succeeded Lyndon B. Johnson as Commander in Chief, the Vietnam War continued for four more years under Nixon without victory. A new administration can learn much from that transition, most importantly, there is no “Peace with Honor” unless victory has been gained on the battlefield. Forty years ago, the enemy was Communism and we successfully confronted that enemy in Korea, Cuba, Vietnam and Europe, sometimes the wars were hot, sometimes they were cold. Nevertheless, we fought that enemy far from the Homeland.

Today, we are fighting Islamic terrorism and we are taking the battle to them, we effectively defeated Al-Qaeda in Iraq and are establishing a free government in that country and given the resources and the will we can finish the job in Afghanistan. We must ensure that America is never attacked.

As we look forward to an Obama administration and the 111^th Congress it is appropriate for us to look back over the past years of what we have achieved and the work that lies ahead as we continue to serve America’s Warriors past, present and future.

• Since the Bush Administration took office in 2001, the total appropriation for the Department of Veterans Affairs increased by 98%. These dramatic increases in funding for veterans’ health care were the result of three Republican and one Democratic Congresses to ensure adequate funding by increasing the appropriations over that requested by the Administration.

• For nearly twenty years, we have fought for some form of concurrent receipt of military retirement pay and VA disability compensation. In 2003 and 2004, Congress acted to address this injustice by establishing Combat Related Special Compensation and Concurrent Disabled Retirement Pay.

• Even before 9-11, we were working for comprehensive changes to the Montgomery GI Bill. Our position was that today’s servicemen and women deserved an education package comparable to first GI bill of 1944 which in essence provided World War II veterans a fully funded college education. This year, with the passage of the “Post 9-11 Veterans Educational Enhancement Act of 2008”, we achieved a “GI Bill for the 21^st Century” which provides a Global War on Terrorism Veteran tuition based on the most expensive public institution in his state, as well as a book allowance, living and housing stipends.

• We achieved legislation to end the Social Security offset to the Survivor’s Benefits Program and reinstatement of Dependency and Indemnity Compensation (DIC) for those surviving spouses who remarried after the death of their first spouse, if the marriage to the second spouse ended in death or divorce. Additionally, if a surviving spouse remarries after age 57 they could retain his or her DIC.

What’s Next?-Not since 1933 at the height of the Great Depression, when Franklin D. Roosevelt and another Democrat led Congress took the reins of the federal government, has a President and Congress faced an economic crisis which could fundamentally change the fabric of American society. Falling revenues and pressures to prop up financial institutions and other business groups, potentially threaten veterans and military benefits. We must be ever vigilant and ensure that our systems of military and veterans health care, disability compensation and survivors benefits not only remain intact but are enhanced.

· We must gain legislation ensuring that VA Health continues to be adequately and timely funded to ensure that all veterans seeking care receive nothing but world class care regardless of whether he is an 88 year old World War II veteran or she is 18 year old veteran of the Global War on Terrorism. We must never again accept a late VA budget.

· We must pressure the new Congress to recognize the selfless service of Reservists and National Guard members by ensuring all mobilization service is credited towards an early retirement.

· It is time to help Senator Bill Nelson (D-FL), in his effort to end the egregious “Military Widows’ Tax” by ending the Dependency and Indemnity Compensation offset to the Survivors Benefits Annuity.

· We must gain full and complete concurrent receipt of VA disability compensation and military retirement pay for all disabled military retirement pay.

· We must gain legislation which forbids the Defense Department from arbitrarily and capriciously increasing TRICARE fees and co-payments.

This is going to be tough fight, with each and every election the number of veterans serving in the Congress dwindles. This election is no different than earlier elections. Not all the results are in, but, we could have as few as 93 or as many as 99 veterans in the 435 member House of Representatives and depending on how some still contested races turn-out and who are appointed to fill Senators Obama’s and Biden’s seats there could be as few or as many as 29 veterans serving in the United States Senate. It will be up to the Action Corps to take the lead in education these non-veteran public servants.

September Legislative Update from Lee F. Kichen, LTC, U.S. Army (Ret.)

At Your Service!!!
Lee F. Kichen
September 2008

BATTLING INSIDE THE BELTWAY
Federal Legislative Update

Senate Completes a “Bare Bones” National Defense Authorization Act (NDAA)-Last month, in this space we criticized the Senate Democrat leadership for its failure to complete work on its version of the National Defense Authorization Act for FY 09. As the legislative process unfolded this week, we fell victim to a classic example of “if you want it bad, you’ll probably get it bad.” When the Senate returned after the August recess, it was looking at over 300 amendments to the NDAA for floor consideration. Many of these amendments addressed issues we have tracked over the last twelve months. This list of amendments included proposals to expand concurrent receipt eligibility, limit TRICARE fee increases, ease Guard/Reserve retirement age restrictions, authorize TRICARE coverage for "gray area" Reserve retirees, improve benefits for military spouses, authorize a partial family separation allowance for single servicemembers assigned to remote duty, and many, many more.

On 15 and 16 Sep, the Veterans of Foreign Wars National Legislative Committee was on Capitol Hill meeting with respective Members of Congress calling for the passage of both the Military Construction/Veterans Affairs Appropriations and National Defense Authorization Acts before the scheduled end of the month adjournment. On Wednesday, 17 Sep, the Senate abruptly passed the NDAA without considering any of the 300-plus amendments. The only amendment in the final version of the bill of interest to us is Senator Bill Nelson’s (D-FL) language calling for the end of the VA Dependency and Indemnity Compensation offset to DoD’s Survivor Benefits Annuity, thus abolishing the so-called ”Widows’ Tax”. Only time will tell if Senator Nelson’s amendment will survive Conference committee reconciliation of the differences between the House and Senate versions of the NDAA.

The work of one senator blocked the passage of many the 300 amendments. With the Congress heading towards adjournment at the end of the month, a bipartisan group of senior members of the Armed Services Committee had already agreed on a list of more than 90 amendments they would propose to approve by "unanimous consent" - which allows bypassing of the normal votes unless some senator objects. Additionally they intended to add several dozen more - including the TRICARE and concurrent receipt provisions.

In spite of a bipartisan agreement, Sen. Jim DeMint (R-SC) took a hard line position against $5 billion in so-called "earmarks" in the NDAA - specific provisions calling for spending on programs that were above and beyond what the Pentagon had requested. He also refused to support any unanimous consent request for any other amendments unless he got a vote on his amendment to drop the earmarks provision - which wasn't going to happen, especially in an election year.
This political brinksmanship, combined with the lack of time left on the Congressional calendar and the pending vote on the financial “bail-out” package effectively kills, in the Senate, those quality of life measures important to many VFW members and their families. In all fairness, even if the Senate bill included all the amendments we supported, it was probable that during the reconciliation process with the House, the conferees may have stripped out many of those amendments.

What is the current status of the “quality of life” issues?

TRICARE Fees. The House-passed bill would bar any TRICARE fees through the end of the next fiscal year. We had hoped to get the Senate to approve some permanent rules to restrict the Pentagon's ability to impose fee increases as well, but it now looks probable that Congress will approve the House version, and we'll face another battle when that freeze expires next year.
Concurrent Receipt. Absent something truly extraordinary, hope for further concurrent receipt progress this year probably went out the window with the loss of Sen. Harry Reid’s (D-NV) amendment. If so, this would be the first year in the last six without at least some forward movement.

Guard/Reserve Retirement Age. Under current law, Guard/Reserve members can cut three months off the Reserve retirement age (60) for each consecutive 90 days served on active duty since January 2008. Sen. Saxby Chambliss' (R-GA) amendment to credit all active duty service since 9/11/01 is nowdead, since there was no similar provision in the House bill.

Military Pay Raise. The House-passed bill calls not only for a 3.9% pay raise for 2009 (vs. the 3.4% proposed in the Pentagon budget), but would also add one-half percentage point to the military raise each year for the next five years. The Senate bill has the 3.9% for 2009, but no plus-up for the out years.

Survivor Benefit Plan. The House bill would make only modest adjustments - including authorizing payment of the new $50 special monthly payment to qualifying survivors whose sponsors died on active duty. The Senate bill, thanks to our own Senator Bill Nelson (D-FL), includes the full repeal of the VA benefits deduction from SBP, so that's at least still in play.
MILCON/VA Appropriation and Veterans Benefits Bills Remain on Hold-As reported last month, the Military Construction/Veterans Affairs Appropriation still remains stalled in the Senate. In all likelihood, unconscionable delays by The Congress will result in this very important funding bill dying when Congress adjourns the end of this month forcing VA to operate under a Continuing Resolution until the new Congress takes action. This inaction effectively funds VA at current year’s level, precludes new hiring and establishing new programs until Congress approves the FY 09 appropriation.

In addition to not completing a VA funding bill, Congress appears to be on the verge of abandoning major veterans’ issues in a rush to leave town to run for re-election. Partisan disagreements are preventing The Congress from passing major veterans’ health and benefits bills last year, and the situation appears to be repeating this year. Veterans’ benefits legislation is tied up over a dispute about whether to increase pensions to Filipino Scouts and provide monthly stipends to World War II Merchant Marines. Health care legislation is bogged down, in part, over gun-ownership restrictions for veterans diagnosed with or being treated for mental health issues. While Congress has passed a veterans’ cost-of-living adjustment bill and a “GI Bill for the 21st Century”, it has failed to pass legislation to improve mental health programs, expand health care for women veterans, improve diagnosis and treatment of traumatic brain injuries, and help families who are caring for severely disabled veterans. The Senate passed S. 1315 which included more generous benefits for Filipino Scouts, the House Veterans Affairs Committee has not cleared H.R. 760. In a compromise that could end the contentious debate over whether the U.S. still owes a debt to Filipinos who served alongside American troops in World War II, the House Veterans Affairs Committee approved a plan September 17 for a one-time payment to surviving veterans instead of an annual pension. But if veterans were to take the payments spelled out in H.R. 6897 — $15,000 for U.S. citizens and $9,000 for non-citizens — they would waive the right to ever receive another pension for their World War II service if the federal government were to someday pass a more generous bill. About 18,000 Filipinos would qualify for payments under the bill, according to estimates prepared by the Congressional Budget Office. With Congress heading towards a September 26th adjournment, the odds of veterans’ benefits bill passing are not good.

VFW National Legislative Committee Sets Priorities for 2009-The Veterans of Foreign Wars National Legislative Committee convened in Washington, DC for its annual priority setting session 13-16 Sep 08. Department of Florida Legislative Chairman Lee F. Kichen, National Legislative Committee members A.E. “Gene” Hall and Al Wallace joined fellow VFW National Legislative Committee members in formulating the following priorities for the 111th Congress:

VA Health Care
The VFW calls on Congress to pass a sufficient budget for the Department of Veterans Affairs so that it can properly care for all of America’s sick and disabled veterans.

The VFW urges funding for the Department of Veterans Affairs to be sufficient, predictable and timely, ending the trend of the last decade wherein VA’s budget has been delivered months late.

Congress must ensure that the unique health care and benefits challenges of OEF/OIF veterans are met, to include increased funding for Traumatic Brain Injuries and other related disabilities, as well as improved access to care, especially for veterans suffering from mental illness and for the growing number of women veterans accessing the system

The VFW calls on Congress and VA to increase priority given to women veterans by providing adequate services by hiring specialized health care providers and by providing training in gender-specific issues to help address shortfalls in gender-specific care and mental health care services for PTSD, Military Sexual Trauma and other needs.

The VFW urges the Department to improve outreach so that all veterans are aware of the range of health care services and benefits available to them, especially with female, minority and rural veterans, who may be less aware of their rights than other groups of veterans.

VA Benefits and Compensation
The VFW asks Congress to provide adequate resources to enable the Veterans Benefits Administration (VBA) to reduce the current backlog of claims.

To protect the needs of current and future veterans, the VFW opposes any changes to the current definition of “line of duty,” structural changes to the programs for disability and survivors’ benefits, or curtailment of veterans’ or beneficiaries’ rights of entitlement or to appeal benefit decisions.

Seamless Transition
The VFW demands a truly seamless transition for those men and women serving in uniform who are transferring from the Department of Defense to the Department of Veterans Affairs. We envision a system with a truly integrated electronic medical record that travels wherever the service member is stationed eventually to VA where it follows the veteran to wherever he or she receives health care.

The VFW urges Congress and the Administration to improve the transition services and benefits provided to our veterans to ensure a steady and safe return to civilian life, including viable training, employment and education programs that address the realities of the current and future job markets to provide meaningful careers and not just temporary jobs.

Military Quality of Life
The VFW calls on Congress to fully fund all programs that enable our troops to succeed in their mission. We must ensure our active duty, guard and reserve members are provided increased pay, affordable health care, and adequate housing and work facilities for themselves and their families.

Florida Veterans of Foreign Wars Push for VA Appropriation Reform-The inability of Congress to pass on time either a Veterans Affairs funding bill or Defense authorization presents a clear and present danger to America’s warriors past and present and their families. Every year we castigate the Congress for its slow roll on these two important bills. While attending the this year’s fall Legislative Committee meeting, Past Department Commander Gene Hall, Department Legislative Chairman Lee F. Kichen and former Department Political Action Committee Al Wallace were able to meet with twenty members of the Florida Congressional delegation or members of their staff. Hall, Kichen and Wallace emphasized the importance of passing an on time MIL/VA Appropriation Bill.

The National Organization of the VFW and the other major organizations comprising the Partnership for VA Health Care Budget Reform are proposing a simple solution to the problem of late VA appropriation bill. Our proposal calls for a one year advanced appropriation of VA health care. This proposal has the support of the Chairmen of the Senate and House Veterans Affairs Committees, Senator Daniel Akaka and Representative Bob Filner filed companion bills that will, hopefully, lend timeliness and predictably to funding VA Health. In our discussions with Congresswomen Corrine Brown (D-FL3), Ginny Brown-Waite (R-FL5), Kathy Castor (D-FL11), Congressmen Gus Bilirakis (R-FL9), Vern Buchanan (R-FL13), and Cliff Stearns (R-FL6) we sensed a real enthusiasm for this proposal.

Mr. Bilirakis suggested that we seek out the support of C.W. “Bill” Young (R-FL10) Ranking Member of the Appropriations Committee. Ms. Castor indicated that she will discuss this proposal with Chet Edwards (D-TX17), Chairman of the Appropriations subcommittee on Military Construction and Veterans Affairs. While we acknowledge that there is virtually no chance of this bill passing this year, we will full court press this measure when the 111th Congress convenes in January 2009.

August Legislative Update from Lee F. Kichen, LTC, U.S. Army (Ret.)

BATTLING INSIDE THE BELTWAY

Federal Legislative Update

United States Senate Walks Away from Two Key Bills

Senate Democrat Leadership Delays 09 Defense Authorization Act-Once again Congress delays two bills that are crucial to active and reserve service members, veterans, military retirees and their families. Due to the usual partisan bickering Senate Majority Leader Harry Reid (D-NV) pulled the FY 09 National Defense Authorization Act from the floor. Ironically, the House of Representatives finished its version of this bill in May.

The authorization bill is the key vehicle for nearly all military personnel changes, and the Senate is scheduled to consider amendments to prevent undue TRICARE increases, ease compensation penalties for disabled retirees and military widows, plus up military pay raises, and fix Reserve retirement inequities, among others. All issues discussed in earlier “Battling Inside the Beltway” columns.

But it's hung up in the Senate because some senators won't agree to limit amendments to defense-related issues. The single biggest issue is that some Republicans insist on being able to add amendments to expand oil-drilling. But Sen. John Warner (R-VA), the elder statesman and former chairman of the Armed Services Committee, isn't among them. Warner voted to move on with the defense bill and limit amendments to defense issues. But that effort gathered only 51 votes...9 short of the 60 needed to end the debate and move on. While we recognize that Congress has the responsibility to produce some meaningful energy legislation, we don’t believe that this important bill should be delayed because of partisanship.

Given that Congress will adjourn early in October to allow members to return to the District to campaign, it is a safe bet that this bill will not be done before adjournment. Unless there is a post election lame duck session, it is likely that this bill won’t be finished until next year.

The nightmare scenario is that the oil-drilling fight could delay Senate action so long that Senate leaders feel compelled to drop nearly all defense bill amendments -- including some that military people really need -- just to get the bill passed and go home. Some fear it could scuttle the defense bill altogether -- an unthinkable scenario in time of war. These amendments include the one sponsored by Senator Bill Nelson (D-FL) which would end the so-called “Widow’s Tax” by abolishing the prohibition against the concurrent receipt of both the Survivors’ Benefits Annuity and VA Dependency and Indemnity Compensation. Senator Mel Martinez (R-FL) is also a cosponsor of this important amendment.

Senate Allows Veterans Affairs Funding Bill to Languish-To quote that great American philosopher Yogi Berra, “…it must be déjà vu all over again…” The Senate also left the FY 09 Military Construction/Veterans Affairs Appropriation on the table as it blew out of The Capital for the August recess. On August 1, the full House of Representatives passed the Fiscal Year 2009 Military Construction and Veterans Affairs Appropriations bill, H.R. 6599, with a nearly unanimous vote of 409 to 4. The 2009 bill builds on the historic increases for veterans and troops passed into law last year, and, if signed into law, it would be the largest funding increase in the 78-year history of the Department of Veterans Affairs (VA).

For the VA, the bill would provide $47.7 billion in health and other discretionary funding, $4.6 billion above 2008 and $2.9 billion over the Administration's request. These funds would provide substantial relief in improving veterans' medical care, hiring more claims processors, conducting new research, expanding VA efforts to combat homelessness, and helping VA make improvements to its facilities. The Veterans Health Administration estimates VA will treat more than 5.8 million patients in 2009 including more than 333,275 veterans of Iraq and Afghanistan (40,000 more than 2008).

The Senate Appropriations Committee has reported a separate funding bill, S. 3301 but was not scheduled for a vote before the summer recess. Please write your U.S. Senators to urge them to schedule a vote on veterans funding for fiscal year 2009 immediately after they return to Washington in September. It is intolerable that as VA expects to care for over a third of a million injured and ill veterans of the wars in Iraq and Afghanistan, plus continues to care for millions of sick and disabled veterans of prior military service, that yet another year would begin without full VA funding. Unless the Senate acts quickly, then conferences with the House, this new funding for veterans will be in jeopardy and at minimum will be significantly delayed, perhaps as long as March 2009.

House Votes on Key Veterans’ Program Bills-At least the House of Representatives completed work on some important bills before the summer recess. Although hope is not a method, let’s hope the Senate will get to work on these bills before next St. Patrick’s Day. These important bills address disability, financial, tax, reemployment, and health care protections for veterans and military families.

• VA Disability System Reform: H.R. 5892 would implement a number of recommendations of the Veterans Disability Benefits Commission. The bill would require the VA to provide immediate payment for unquestioned disabilities such as amputations rather than holding up claims until all conditions are evaluated. It would also require a plan to modernize the VA disability rating schedule and address quality of life issues, change evaluator incentives to improve processing quality, and require the VA to establish special offices to assist survivors and dependents. In addition, it would allow a survivor or dependent to proceed with a VA claim if the veteran dies before it is adjudicated.

• Mortgage Foreclosure Protections: H.R. 3221 would prohibit foreclosure on property owned by a servicemember for nine months (vs. 90 days) following deployment. It would also increase, through the end of 2008, the maximum guaranty amount for mortgages backed by the VA.

• VA Health Care and Counseling: H.R. 6445 would exempt vets who have catastrophic, non-service-connected disabilities from paying copayments for hospital or nursing home care and loosen restrictions on counseling for those vets' family members

• Reemployment Rights: H.R. 6225 would strengthen protections for reservists denied reemployment benefits by state or private employers

• Armed Forces Student Rights: H.R. 6225 would limit interest on loan debts to 6% for members on active duty. It would also require colleges to refund tuition and fees for students forced to leave school because of military orders and reinstate those students on return with the same academic status held prior to service

• Cellphone Contracts: H.R. 6225 would let servicemembers terminate or suspend personal services contracts (e.g., cellphone or cable TV) entered into before being notified of PCS or deployment orders and penalize providers who violate the law

• Spouse Domicile: H.R. 6225 would let spouses of active duty members maintain the same state of domicile as the servicemember for state taxation purposes and voter registration

• Roth Thrift Saving Plan (TSP): A provision in H.R. 1108 would allow servicemembers and federal workers a "Roth TSP" option, entailing taxable deposits into the federal retirement savings plan and tax-free withdrawals in retirement

• In-state Tuition: H.R. 4137 would require all states to continue in-state college tuition rates for a military dependent previously granted such rates if the military parent is re-assigned outside the state.