Legislative Update - April 2008 by Lee F. Kichen

At Your Service!!!

Lee F. Kichen

April 2008

BATTLING INSIDE THE BELTWAY

Federal Legislative Update

Congress Moving Towards GI Bill Improvement-A long standing legislative priority of the Veterans of Foreign Wars has been the enactment of the “GI Bill for the 21^st Century”. We have gained a key supporter for this effort. As a result of our meeting in March with Senator Bill Nelson’s staff he agreed to cosponsor S.22 the Post 9-11 Veterans Education Assistance Act of 2007. Senator Nelson joins Congresswomen Corrine Brown and Ginny Brown-Waite as well as Congressmen Vern Buchanan, Tim Mahoney and Robert Wexler in cosponsoring H.R. 2702, the House version of this bill. Each and every member of the Department of Florida should contact Senator Mel Martinez and the other twenty-two Floridians in the House of Representatives who are not cosponsoring this legislation and urge them to do so. In addition to these two bills, two other veterans’ education bills, H.R. 5684 are H.R. 5740 are pending committee consideration. Although these bills are less generous than S. 22/H.R. 2702, they represent a major improvement over the current Montgomery GI Bill. We believe that with a lot of grass roots support we will see legislation improving educational opportunities for our youngest warriors. These young men and women who are coming home with the Iraqi Campaign Medal, the Afghanistan Campaign Medal and the Global War on Terrorism Expeditionary Medal are the future of the Veterans of Foreign Wars; it is our sacred duty to work on securing this benefit.

Congress Approves Changes to Combat Related Special Compensation & Concurrent Disability Retirement Pay-It was through the work of freshman Congressman Gus Bilirakis that Congress included language in the FY 08 National Defense Authorization Act expanding Combat Related Special Compensation (CRSC) to military retirees who retired under Chapter 61 as a result of combat related disabilities and served less than twenty years. To be eligible for this tax exempt benefit the military retiree should be receiving VA disability compensation in lieu of retirement pay and their service connected disability must be adjudicated by the military department as being combat related. This is not an automatic benefit, the military retiree must apply to their military department. In the same bill, Congress did the right thing by approving language granting full Concurrent Disability Retired Pay (CDRP) retroactive to January 2005. Originally Congress ramped up this benefit over a ten year period with full CDRP in 2014 and two years ago Congress made the effective date of full CDRP 2009. Many thanks to Congressman Bilirakis for his leadership on these issues.

FY 09 Budget Issues-The Senate and House Budget Committees began marking up their FY 2009 Budget Resolutions, a non-binding measure that sets spending limits for the federal government. Both resolutions expressed support for rejecting the administration’s TRICARE fee increases for military retirees under age 65. However, rejecting those increases is contingent on finding funding offsets that don’t run up the deficit. Both resolutions rejected the White House plan to increase VA copayments. This is the fifth year in a row that Congress has countered the administration’s call for foisting more health care on the backs of veterans. In addition to rejecting increased VA copayments, each budget resolution provides an additional $3.2 billion more to the Department of Veterans Affairs than in the Presidential budget request submitted in February. This additional funding is targeted to expediting claims for compensation and pensions and health care for veterans with mental health conditions including Post Traumatic Stress Disorder as well as those suffering from Traumatic Brain Injury.

TALLAHASSEE TALES

The Florida Legislature is entering the final two weeks of its 2008 Regular Session. Below is a status on the legislative priorities adopted by the State Veterans Planning Group:

• Legislation establishing preferences for businesses owned by Disabled Veterans bidding on state contracts. S.B. 108/H.B. 687 filed. House version passed Military and Veterans Affairs Committee, the Governmental Efficiency and Accountability Council; next step floor action by the House. Senate version passed Governmental Operations and pending in Governmental Appropriations.

• Legislation protecting FDVA Trust Fund revenues by adding an additional $100,000 to the Grants and Donations Trust fund for the sale of new stamped license plates bearing “Operational Enduring Freedom” and Operation Iraqi Freedom”. S.B. 1606 awaiting floor action, H.B. 1027 pending final approval by Economic and Infrastructure Council.

• Legislation adding a voluntary contribution check box onto vehicle registration forms. See 1606/H.B. 1027 above.

• Legislation deleting the requirement that a wartime veteran must work for the State prior to 1 Jan 87 to be eligible to purchase military time when enrolling in the state retirement system. No bills pending.

• Legislation establishing a cash bonus for veterans who entered active duty from Florida and received either the Global War on Terrorism Expeditionary Medal or the Iraqi Campaign Medal or the Afghanistan Campaign Medal. No bills pending.

• Legislation defining proper display of the Prisoner of War/Missing in Action flag on state owned buildings. No bill pending.

• Passage of the Governor’s Legislative Budget Request for the Florida Department of Veterans Affairs. Total appropriation should be in the neighborhood of $51 million. We expect some debate as to whether or not certified positions in the SVNH will be converted from contracted positions to state employee positions.

• Legislation establishing a tuition exemption at State Universities, Colleges and Community Colleges to honorably discharged veterans who received a Campaign or Service Medal denoting service in combat theatre of operation. S.B. 620/H.B. 347 filed, however, given revenue shortfalls these bills will not be heard in committee.

Other actions we are tracking.

• Sergeant First Class Paul B. Smith Act if enacted will establish a Direct Support Organization for the Florida Department of Veterans Affairs. The major veterans service organizations negotiated an amendment to the bill which will provide grants to the service organizations. H.B 861/863 pending in the Policy and Budget Council. SB 1462/1464 cleared all committee stops, not yet on Senate calendar.

• Proposed Constitutional Amendment granting Ad Valorem exemptions to deployed, homesteaded service members. House passed HJR 7003, Senate version SJR 2384 will probably die in committee.

Petty Officer 2nd Class Michael A. Monsoor - American Hero

Navy SEAL, Petty Officer 2nd Class Michael A. Monsoor, will be posthumously awarded the Medal of Honor, the nation's highest military tribute.

Petty Officer Monsoor distinguished himself by extraordinary heroism on Sept. 29, 2006:

Monsoor was part of a sniper security team in Ramadi with three other SEALs and eight Iraqi soldiers, according to a Navy account. An insurgent fighter threw the grenade, which struck Monsoor in the chest before falling in front of him.

Monsoor then threw himself on the grenade, according to a SEAL who spoke to The Associated Press in 2006 on condition of anonymity because his work requires his identity to remain secret.

"He never took his eye off the grenade, his only movement was down toward it," said a 28-year-old lieutenant, who suffered shrapnel wounds to both legs that day. "He undoubtedly saved mine and the other SEALs' lives, and we owe him."

Two SEALs next to Monsoor were injured; another who was 10 feet to 15 feet from the blast was unhurt. Monsoor, from Garden Grove, Calif., was 25 at the time.

Monsoor, a platoon machine gunner, had received the Silver Star, the third-highest award for combat valor, for his actions pulling a wounded SEAL to safety during a May 9, 2006, firefight in Ramadi.

He was posthumously awarded the Bronze Star for his sacrifice in Ramadi.

Monsoor's heroism did not surprise Patrick Barnes, one of Monsoor's best friends;

That's just the kind of guy he was.

Monsoor's family will receive the medal during a White House ceremony April 8.

Documentary of the Media's distortion of the Vietnam War - narrated by Charlton Heston

This is a must watch video for all veterans. Does this seem like deja vu all over again?

Freedom Never Cries

This is a must watch video. Freedom is not free.

What's really going on in Iraq

Five years ago this week 170,000 American and coalition soldiers, sailors, airmen, Guardsmen and Marines launched Operation Iraqi Freedom (OIF). When they commenced their attack they were outnumbered nearly three to one by Saddam Hussein’s military, yet it took U.S. troops just three weeks to liberate Baghdad. No military force in history has ever gone further, faster or with fewer casualties.

Despite a lightning-fast victory over the dictator’s Army, Republican Guards and Fedayeen, the challenge of leaving Iraq better than we found it proved to be daunting and dangerous. Unfortunately, few Americans know what their countrymen in uniform have accomplished in the Land Between the Rivers...

Thankfully America’s soldiers, sailors, airmen, Guardsmen and Marines have generally ignored the press and the politicians. Instead, they have been busy fighting a vicious adversary -- and winning. Here are some inconvenient facts about why they believe they can -- and must -- finish the job in Iraq:

** Despite how they have been portrayed, today’s all-volunteer U.S. military is the brightest, best educated, trained and equipped armed force ever fielded by any nation. More than 1.6 million American military personnel have served in Iraq. Notwithstanding the perception that our armed forces are stretched beyond the breaking point, reenlistments have never been higher and every service is exceeding its recruiting goals.

** Iraq’s police, military and security forces, widely depicted as ineffective or worse, have grown by more than 100,000 in the past year and have assumed responsibility for 9 of 18 provinces.

** In the last 12 months the Interior Ministry has opened 13 new training facilities, the Iraqi military now has 134 active combat, infrastructure and Special Operations battalions with a total of nearly 647,000 Iraqis who have volunteered to serve in uniform.

** After we first reported on the “Al-Anbar Awakening” in December, 2006, the “Sons of Iraq” movement has crossed the Sunni-Shia sectarian divide and now has 91,000 members. In the same time-frame, attacks against Iraqi civilians and coalition forces have dropped by more than 70 percent.

** Since 2004, more than 4,000 civil reconstruction projects -- including 325 for electrical distribution and 320 water treatment facilities have been completed. More than 3,000 schools and 75 hospitals, clinics and health care facilities have been renovated or built from the ground up while nearly 3,200 primary health care providers and physicians were being trained.

** There are now more than 100 privately owned radio stations, 31 television stations and 600 newspapers published in Iraq -- a nation just slightly larger than California.

** In February, crude oil production exceeded 2.4 million barrels per day and this year the Iraqi economy is projected to grow by 7 percent.

In the half decade since OIF began, our FOX News War Stories team has made nine trips to Iraq -- spending months in the field embedded with more than 30 U.S. combat units -- from “shock and awe,” to the “thunder runs,” to gunfights in “bloody Anbar,” to “the surge.” The brave Americans we have documented deserve better than what they have gotten from the mainstream media and far too many of our politicians.

Oliver North, Human Events

Supporting our Marines in Berkley, CA

Berkeley hosted a decidedly different kind of protest today when about 400 flag-waving, leather-clad, pro-troops bikers roared into town to show their support for an often besieged Marine recruiting center in the city.

“I’m here because I support my Marines,” said Steve Bosshard, a retired San Francisco police officer who came from Santa Rosa. “I don’t like what Berkeley’s done. They don’t realize the effect it has on the troops.”

The center was criticized by the Berkeley city council and is often the target of protests.

Today’s demonstrators, most of whom are military veterans, said they were protesting the Berkeley city council decision in February to waive the amplified-sound permit fees and provide reserved parking in front of the Marines’ office for Code Pink, an anti-war group that stages protests at the recruiting center.

The Marine supporters gathered at the recruiting station and sang the Marine Corps hymn and national anthem, revved their motorcycles and waved flags. A small contingent from Code Pink stood on the fringes, having mostly peaceful conversations with their pro-Marine counterparts.

The pro-Marine demonstrators said they plan to boycott Berkeley businesses until the council is recalled, apologizes or grants free permits to a pro-troop group.

The group that organized today’s protest, Eagles Up, had to pay for their permit.

Legislative Update - March 2008

At Your Service!!!

Lee F. Kichen

March 2008

BATTLING INSIDE THE BELTWAY

Federal Legislative Update

Florida’s Veterans of Foreign Wars Takes the Battle Inside the Capital Beltway-The Veterans of Foreign Wars National Legislative and Community Service Conferences met March 2-5, 2008 in Washington, DC. Department of Florida Commander Jack McDermott and Auxiliary President Jodi Nierney led a delegation of Comrades and Auxiliary members to this very important event which culminated in meetings with members and their staffs of the Florida Congressional Delegation and National Commander-in-Chief George Lisicki’s testimony to a Joint Session of the Senate and House Veterans Affairs Committees. We were able to meet with a majority of the 27 members of the Congressional Delegation or their staff.

VFW Commander in Chief Testifies Before a Joint Session of the Senate and House Veterans Affairs Committee- VFW Commander-in-Chief George Lisicki presented the VFW's legislative priorities on March 4 before a joint hearing of the House and Senate Veterans Affairs Committees. Lisicki called on the members to provide full funding for VA healthcare and benefits for veterans of all generations, and to fully support current legislation that would create a 21st Century GI Bill. Other major issues included the VFW's strong opposition to the Dole/Shalala Commission recommendation that would compensate veterans with similar injuries differently based on their age, opposition to prescription copayment increases and enrollment fees. Commander-in-Chief Lisicki also decried the inordinately high error rate VA has in adjudicating claims for compensation and pensions. Lisicki said, “The VFW is greatly concerned with the accuracy of VA’s claims ratings decisions. VA’s own quality measurements show that VA makes a significant error in over 100,000 cases each year. This is grossly unfair to our sick and disabled veterans. After waiting months for a single ratings decision, they are too frequently left with an incorrect decision. We cannot accept this. The poor quality of these decisions only exacerbates VA’s problems. In most cases, a veteran will file an appeal, adding to the swollen backlog. This clearly could have been avoided had the case been resolved accurately in the first place. Of special concern to the VFW, however, is the number of veterans who give up out of frustration.” To read the entire testimony or to view the taped hearing, go to: http://veterans.senate.gov/public/index.cfm?pageid=16&release_id=11533&view=all

Heard on the Hill-The Commander-in-Chief’s testimony and our visits with members of Congress and their staffs elicited open and frank dialogue on a myriad of issues we are following:

• Health Care Funding-Both Senate VA Committee Chairman Daniel Akaka (D-HI) and Ranking Member of the House VA Committee Steve Buyer (R-IN) indicated that Congress will increase health care funding over the level requested by the White House. Senator Akaka sees a $4.6B increase while Rep. Buyer spoke of a $3.8 B increase over the Administration’s numbers. As this is an election year it is certain that we will see the Congress appropriate at far higher levels than those requested by the President. House VA Committee Chairman Bob Filner (D-IN) states that he supports sufficient funding to reopen the VA Health Care System to Priority 8 veterans.

• Veterans Education-Both political parties apparently support some reforms to the current GI bill and it is reasonably certain that we will see some movement this session towards that end. The fact that Senator John Warner (R-VA) is now supporting Senator Jim Webb’s bill S. 22 Post-9/11 Veterans Educational Assistance Act of 2007 will now attract even greater bi-partisan support. However, it is now clear the Administration will oppose this bill. One Defense official, who declined to be named, described the bill as a "retention killer" for the all-volunteer military. Defense officials believe enhanced post-service education benefits, particularly if enacted while troops face multiple deployments to Iraq and Afghanistan, could trigger an exodus severe enough to put the viability of the volunteer military at risk. DoD’s position a realistic GI Bill for the 21^st Century would result in many young service members, trained at great expense, to voluntarily separate after completing their initial service obligation to go college fulltime.

The Defense official said that World War II was a different era when the government was worried about long-unemployment lines from millions of returning draftees. A robust GI Bill now would make it difficult to keep careerists. "Why would anybody stay for another deployment when they can go out on a four-year free ride, with guaranteed rent and utilities at the E-5 standard, which by long-standing DoD policy is a two-bedroom townhouse?" This is an absurd turn around on the part of DoD, in the eighties and the nineties, during the “Be All You Can Be” days the Army and the other services used as educational benefits as a major recruiting incentive.

• Dole/Shalala Disability Compensation Recommendations-Both Senate VA Committee Ranking Member Richard Burr (R-NC) and House VA Committee Ranking Member Steve Buyer (R-IN) have introduced legislation which could lead to implementation of the recommendations of Secretary Shalala and Senator Dole. We are still looking at S. 2674 and

H.R. 5509, however, while purporting to streamline the transition of wounded and injured service members, these bills apparently call for revamping of the disability system that has worked well since World War II and it includes language which precludes this new cohort of medically retired service members from receiving Combat Related Special Compensation.

• Copayments and Enrollment Fees-The White House in its budget submission once again called for increased copayments and enrollment fees for non-service connected veterans desiring VA health care. The Administration also wants to raise the current TRICARE Prime enrollment fee of $460 to $2,000, increase the TRICARE Standard from $300 to $1270 annually and establish a $120 enrollment fee for TRICARE for Life on top the current Medicare premium. Virtually every Member of Congress or the staffers tell us that these copayment and fee schedules are a ‘no-go’ this year. Nevertheless VFW will continue to get our Senators and Representatives to support either S. 604 or H.R. 579.

Senator Bill Nelson’s Co-Sponsorship of Veterans Education Legislation-Upon learning that Senator Bill Nelson (D-FL) agreed to co-sponsor S. 22, Post-9/11 Veterans Educational Assistance Act of 2007, VFW State Commander Jack McDermott said: “Senator Nelson clearly understands that the current GI bill is a vestige of the Cold War and that we need educational benefits meeting the reality of the Global War on Terrorism. The current package of educational benefits pays only $9,000 a year while the national average cost of tuition is $12,000 a year which does not include the cost of books, food and housing. We have asked service members, both active and reserve, to make immeasurable sacrifices since 9/11. We owe them more than a pat on the back. We owe them a GI bill equal to that given to veterans of World War II”.

If enacted into law this bill would increase educational benefits for members of the military serving on active duty since September 11, 2001. Veterans will receive funding for tuition and fees and a monthly stipend of $1,000. Under the existing Montgomery GI Bill a veteran has only 10 years to use his or her educational benefits while H.R. 2702 will give the veterans 15 years to use this benefit. It will also allow officers who graduated from the Service Academies or were commissioned through the ROTC program to attend graduate school. Additionally, it will also refund the $1,200 active duty members paid to participate in the Montgomery GI Bill.

McDermott went on to say “Once again, Senator Nelson has shown himself to be a true veterans’ advocate. He understands that by improving education benefits, the military improves its ability to recruit a quality of the force.”

Representative Buchanan Cosponsors H.R. 579 “Military Retiree Health Care Protection Act” -After learning that Congressman Vern Buchanan (R-FL 13) agreed to sponsor H.R. 579, VFW State Commander Jack McDermott, State said, “We are gratified that Mr. Buchanan is on record in opposition to the Defense Department’s proposals to make thousands of military retirees pay up to $2,000 more each year for their military health care and pharmacy coverage. Even allowing for inflation since the current fees were established, these proposed increases would far outstrip annual retired pay increases and greatly erode retired compensation values. Congress knew enacting TRICARE for Life (TFL) would be expensive. Forcing large fee increases on retirees to help pay for it would be wrong. The Congress believed in 2001 that TFL was earned by military service, why is the Defense Department now insisting on raising fees during a war?” Retirement benefits are the main incentive for a military career. Shifting a greater share of the cost of health care on military retirees would be penny wise and pound foolish when recruiting is becoming more difficult and an overstressed force is facing greater difficulty retaining service members.

TALLAHASSEE TALES

State Legislative Update

VFW State Legislative Priorities Gain Critical Sponsors-State Senator Mike Bennett (R-21) and State Representative Mike Grant (R-70) at the Sarasota County Veterans Commission meeting February 28, 2008 indicated that they would cosponsor S.B. 108/H.B. 687 the Disabled Veteran Owned Business Preferences in State Contracting Bill and S.B. 620/H.B. 347 Veterans In-State Tuition Exemption Bill. State Representative Maria Sachs (D-86) who recently received the Veterans of Foreign Wars Department of Florida’s Legislative Achievement Award is also a co-sponsor of H.B. 687 and is cosponsoring H.B. 59 which would also expand tuition exemptions for veterans attending Florida’s colleges and universities. We truly appreciate the support of these legislators who are always willing to champion veteran’s issues in Tallahassee.

Legislature Considering Establishment of a Veterans Direct Support Organization (DSO)-The Florida Department of Veterans Affairs is seeking legislative approval of a not for profit corporation with the purpose of raising funds from private donors to support its mission. Although the Veterans of Foreign Wars opposed this concept, we asked State Senator Charlie Dean (R-3) and State Representative Ron Reagan sponsors of their respective chamber’s versions (S.B. 1462 and H.B. 861) of this bill to amend them to allow veterans service organizations such as the VFW to share the revenues accrued to the proposed DSO.