Wednesday, February 25, 2009
Membership Application
To apply for membership please contact our Vice President Andy Hooker at andyhooker1@aol.com. Andy will e-mail you the Sarasota County Veterans Commission membership form.
Sarasota County Veterans Commission By-laws
BYLAWS OF THE
SARASOTA COUNTY VETERANS COMMISSION
SARASOTA COUNTY, FLORIDA
SARASOTA COUNTY VETERANS COMMISSION
SARASOTA COUNTY, FLORIDA
ARTICLE I: ESTABLISHMENT
The Sarasota County Veterans Commission, Inc., (SCVC) was originally organized under the laws of the State of Florida on January 25, 1982 and is a not for profit corporation governed under Chapter 617, Laws of the State Florida.
ARTICLE II: PURPOSES
The purposes of the SCVC are to:
Section 1: represent the Sarasota County veterans organizations, military and patriotic associations and their auxiliaries providing solidarity in communicating the veterans view points and as a means of disseminating information on issues before local, state, and national legislative bodies which affect veterans, active military, reserve and national guard personnel, their families, surviving spouses and orphaned children.
Section 2: plan, cooperate and coordinate with local authorities, government officials, and other interested parties on matters of patriotic commemoration.
Section 3: plan, coordinate and implement any other programs to serve the best interests of the personnel cited in Section 1 of this article and any welfare agencies that support said personnel.
ARTICLE III: TERMS AND USAGE
Section 1: Whenever used in this document, the word “organization” shall be construed to denote a post, chapter, unit, branch or similar component of a larger group of veterans, military or patriotic association.
Section 2: The term “commissioner” shall refer to an elected officer of the SCVC; the term “commission” shall refer to the commissioners and all representatives of member organizations.
Section 3: Historically the terms “chairman” and “chairmen” are not gender specific. The proper way to address a female chairman is “Madam Chairman.”
ARTICLE IV: MEMBERSHIP
Section 1: Membership shall be open to Sarasota County based congressionally chartered Veterans Service Organization (VSO) units, posts, chapters, and their auxiliaries. To be considered for Commission membership an organization must submit a membership application to the Membership Committee and agree to pay the membership dues as stated in Articles IV and V. Current members of the Commission will be grandfathered in as members under Section 1.
Section 2: The representation of the above shall be in two categories:
a. One delegate and one alternate from each represented organization. The President, Chair, Commanders or presiding officers of each member organization shall appoint in writing to the commission one delegate and one alternate. Those so appointed shall serve until replaced on written notice from the appointing authority.
b. Ex-officio members shall include all the Past Presidents of the Commission, the Sarasota County Veterans Service Officer; the Commission may designate the Director of the Sarasota Veterans Center and Director of US Department of Veterans Affairs Sarasota Outpatient Clinic, Director of the Sarasota National Cemetery, Commander, HHB 3rd Battalion 265th Air Defense Artillery, FLARNG, and such others as appropriate.
Section 3: Honorary Members. The Commission may vote to grant Honorary Membership to individuals in recognition of their outstanding service to the Nation, to the State, to Active and Reserve forces, and to veterans. Normally, an individual eligible for regular or auxiliary membership is not eligible for this type of membership. Honorary members pay no dues and have no voting rights.
Section 4: Associate Members. Associate Members are categorized as non-congressionally charted VSOs who have an interest in patriotic, military and/or veterans’ affairs. These organizations will pay no dues and will have no voting rights before the SCVC. However, any associate member may request to make a presentation to the SCVC or ask for consideration requiring a SCVC vote, but only Commission members may move or vote on such matters. Associate Members are:
Military Oriented Organizations: Sarasota based National Guard, Reserve, ROTC, Civil Air Patrol, and JROTC units.
Government Agencies: Sarasota government agencies with veterans, Guard or Reserve personnel or a substantial interest in veterans’ issues.
Industries/Companies. Sarasota County based commercial/private companies with veterans, Guard, or Reserve personnel or a substantial interest in veterans’ issues.
ARTICLE V: DUES
Section 1: Dues for member organizations shall be set annually and published by the Commission. Dues are to be received by the Treasurer no later than December 31st of any given calendar year.
Section 2: Ex-officio members shall be exempt from paying dues.
Section 3: Any organization not paying their dues by the December 31st cut off date will be dropped from the Commission roles but may be reinstated upon payment of dues.
ARTICLE VI: MEETINGS
Section 1: The regular meetings of the Commission shall be held at a time and place designated by the Commission President. The meetings of the Commission shall be open to veterans, their families and the public.
Section 2: The Commission shall meet at least once monthly, 12 months of the year, unless extenuating circumstances make this infeasible.
Section 3: The President may call special meetings whenever deemed necessary or when requested to do so by the membership. The purpose of any such meeting shall be stated by the President and announced by mail, electronic means, or by telephone sufficiently in advance of any such meeting to give members time to react.
Section 4: Executive sessions by the Commissioners are strictly prohibited unless the subject matter is so sensitive or of a highly personal nature wherein the membership should not be involved.
Section 5: All meetings will be conducted using the latest Robert’s Rules of Order, which shall govern this Commission in all applicable cases.
Section 6: The President shall preside at all regular and special meetings. In the absence of the President, the Vice President shall preside. In the absence of the President and Vice President, the Secretary then the Treasurer shall preside.
Section 7: All SCVC meetings will be smoke free regardless of the facility in which the meeting is held.
ARTICLE VII: VOTING RIGHTS
Section 1: Commissioners have one vote each on any item; the President may vote only in the case of a tie.
Section 2: Member organizations will have one vote each, to be cast by the primary or alternate member. If both the primary and alternate are present, the “one organization one vote” rule still applies.
Section 3. Ex-officio members will have one vote.
Section 4: Any member of any organization cited in Article II, and the public in general, are both welcome and encouraged to attend meetings. Anyone may give a presentation to the Commission for their cause, however, only members of the Commission may make motions for any action and only Commission members may vote on any motion before the Commission.
Section 5: The Secretary will maintain a roster of all registered organizations and their appointed voting representatives and may be called upon during any meeting to verify the credentials of any person casting a vote.
Section 6: Proxy voting will not be allowed. Each person present shall cast only one vote, e.g. one individual may not represent multiple organizations or cast multiple votes.
Section 7: Liaison officers from other county veteran’s commissions or counsels will not be eligible to vote.
Section 8: A simple majority of 51% or more is sufficient to pass any proposal with the exception of the changes to the Bylaws, which will require a two-thirds majority vote of members present. (Refer to Article XII, Section 2).
ARTICLE VIII: OFFICERS AND DUTIES
Section 1: The elected officers of the Commission shall consist of the President, Vice President, Secretary, and Treasurer, and shall perform their duties as prescribed by these bylaws or as directed by the membership. The President may appoint at his discretion a Sergeant-At-Arms and a Chaplain and other positions as deemed appropriate (e.g. SCVC Newsletter Editor, SCVC Web Master).
Section 2: The duties of the President are to:
a. Act as the President and Chief Executive Officer of the Commission, and as an ex-officio member of all committees except the Nominations Committee.
b. Appoint chairmen of standing and special committees.
c. Make a decision pending approval of the membership in case of doubt as to the duties and responsibilities of any officer or committee chairman.
d. Appoint a replacement to fulfill the duties of any elected official for anyone who might resign or become unable to fulfill their duties. This appointment must be verified or rejected by the membership at the second regularly scheduled meeting after the appointment is made. See Article X, Section 9.
e. Preside at all meetings and assure that the Commission operates within the parameters established in these bylaws.
f. Set goals and objectives for the Commission, including but not limited to membership, programs, financial matters, and communication with the membership and public.
g. Oversee and manage the Commission's Internet presence, member e-mail lists, and newsletter.
h. Maintain liaison with other veterans’ organizations in the area and other organizations impacting upon the Commission.
i. Represent the Commission at Veteran’s Day services, Memorial Day ceremonies, and any other appropriate commemorative occasion.
j. Present awards and citations
k. Participate in the observance of the death of a member, such as a visitation at a wake or attendance at the funeral, as may be appropriate.
l. Act as final arbiter for all interpretations of the meaning/intent of these bylaws.
m. Undertake other duties as the position of President may require or as voted upon by the membership.
Section 3: The duties of the Vice President are to:
a. Fill the vacancy of the office of the President, should the President become incapacitated, until the next regular election of officers of the Commission.
b. Assume the duties of the President at any function wherein the President is unable to attend.
c. Attend all Commission meetings.
d. Attend any special events in the absence of the President.
e. Undertake additional activities as assigned by the President.
Section 4: The duties of the Secretary are to:
a. Record, prepare, and submit minutes of all meetings for correction, deletions, additions, and approval by the Commission.
b. Maintain official Commission files, to include approved minutes, the Commission’s newsletters, presidential and secretarial correspondence, and memorial records.
c. Conduct a roll call or monitor a sign-in sheet of delegates and organizations at each meeting.
d. Maintain an up-to-date list of organizations, delegates and alternates as certified by the member organizations.
e. Originate correspondence for the Commission.
f. Act as custodian of the Commission’s Bylaws.
g. Ensure that copies of all correspondence, records, minutes, etc., are maintained in the official file of the Sarasota County Veterans’ Commission office, and will ensure that adequate measures are taken to protect those historical documents.
Section 5: The duties of the Treasurer are to:
a. Establish and maintain a checking and/or savings account in a recognized, insured banking facility acceptable to the Commission.
b. Maintain records of all receipts, deposits, and expenditures.
c. Collect dues from member organizations.
d. Submit a written report monthly of the financial status to the Commission.
e. Participate in an annual audit of the accounting system, which will be completed within 30 days of the end of the fiscal year. The fiscal year will run from October 1 to September 30.
f. Disperse funds only by check with authorization by vouchers signed by the President or Vice President or as authorized in the minutes of meetings.
g. Notify the Secretary in the case that any organization is in arrears in the payment of their annual dues.
h. Allow the President to expend up to $50.00 without prior approval for necessary incidental expenses of the Commission. The President will provide the Treasurer with back-up documentation in the way of receipts, etc.
Section 6: The duties of the Commission Sergeant-At-Arms are to:
a. Be responsible for the security at all scheduled monthly meetings of the Commission.
b. Be responsible for the security at all candidate forums and special meetings called by the President.
c. Appoint, as needed, additional Sergeants-At-Arms to fulfill the duties of the Sergeant-At-Arms’ office.
d. Be the Chair of the Security Committee, which may be called together at the discretion of the President or Sergeant-At-Arms. The Committee will be made up of all appointed Sergeants-At-Arms and other members as deemed appropriate by the Sergeant-At-Arms
e. Establish, as needed, a Color/Honor Guard.
Section 7: The duties of the Commission Chaplain are to:
a. Give the prayer at all scheduled monthly meetings of the Commission
b. Give the prayer at all candidate forums and special meetings called by the President.
c. Be available to represent the Commission by giving the prayer at special occasions, as needed.
d. Keep the President informed of illnesses of members of the Commission.
Section 8: Any elected or appointed officer failing to attend three consecutive Commission meetings shall be removed automatically from office unless the absences are excused and acceptable to the Commission. Insofar as is reasonably possible, elected and appointed officers are encouraged to notify the President in advance of any planned absence.
ARTICLE IX: COMMITTEES
Section 1: The Standing Committees of the Commission shall be the Audit Committee, Bylaws Committee, Patriotic Observance Committee, Nominating Committee, and Membership Committee. The President may appoint special committees as required, such as the Veteran of the Year, special events, investigations, assistance in preparing position statements, etc., as deemed appropriate.
Section 2: The President will serve as an ex-officio member of all committees except the Nominations Committee. Committee Chairmen shall have the authority to appoint additional members to their committees as required.
Section 3: The Audit Committee shall make an annual audit of all financial records. Upon approval by the Audit Committee, the Audit Committee shall submit its report, with its findings and any recommendations, in writing, to the Commission for final approval. The report will be given at the first Commission meeting after the conclusion of the audit.
Section 4: The Bylaws Committee will meet at least once annually during the first quarter of each calendar year. The committee will review the Bylaws and recommend any changes. Such changes will be published at least 30 days prior to any meeting where the acceptance of any Bylaws changes is to occur. (Refer to Article XII, Section 1, for details).
Section 5: The nominations Committee will meet in May of each calendar year and prepare for the nominations process in June. (Refer to Article X for details).
Section 6: The Membership Committee will meet at least annually or when an application for membership is received. The Committee is responsible for membership recruitment and retention. Organizations wishing to become a member of the Commission will submit a completed and signed application to the Membership Committee. A copy of the organizations by-laws, charter, mission statement and 501(c) documentation status or other incorporation documentation with the Division of Corporations of the State of Florida will accompany the application. Upon submission the Membership Committee will review the application in detail. After review the Membership Committee will report to the Commission at its next scheduled general meeting with a recommendation to approve or disapprove the application for membership. A motion will be made by a Commission member in good standing and seconded to accept or reject the Membership Committee recommendation. The Commission will then vote on the application. The vote of the Commission is final.
ARTICLE X: NOMINATIONS AND ELECTIONS
Section 1: The Nominations Committee will consist of at least three members, none of whom may be elected Commissioners. Anyone may recommend a nominee to the Nominations
Committee. At the July meeting, the slate of nominees will be announced and any further nominations may be accepted from the floor. The floor nominated nominee may be accepted. At this point nominations will close.
Section 2: A candidate must be a member in good standing in their parent organization, and that organization must be a member in good standing of the Commission.
Section 3: A candidate must be present and accept the nomination or have submitted a letter of acceptance in advance for the office at the time of nomination.
Section 4: No person may hold more than one elective office in the Commission at the same time, however, only if necessary and upon approval of the Commission, the offices of Secretary and Treasurer may be combined, but this is discouraged.
Section 5: The annual election of officers shall be held in September of each year, with a term of office beginning on October 1 and continuing until their successors are elected.
Section 6: All voting for officers shall be by secret ballot. Absentee voting is prohibited. However, in the event that all elected officers have agreed to serve for another term, if this is agreeable with the Nominations Committee, and there are no nominees to vie for any office, then a motion may be entertained for an election by acclamation, which will be duly recorded by the Secretary.
Section 7: The Nominations Committee Chairman will preside over the conduct of any election. The Secretary will verify the qualifications of all delegates and alternates who are to cast a vote.
Section 8: There are no term limits for elected officers. As long as an officer is willing, able, and indeed carrying out the duties of their office in an exemplary manner, then the Commission should give serious consideration for allowing them to continue.
Section 9: A vacancy in any elected office, except for the office of the President, may be temporarily filled by appointment by the President. At the next Commission meeting, the Commission may entertain nominations for the vacated position with an election at the following meeting. No one is to be nominated and elected at the same meeting. The person elected will serve for the remainder of the term to which the vacated officer was initially elected.
Section 10: Note the time between the nomination of officers and election as cited in Sections 5 and 9 of this Article. This is to allow each nominee time to meet with the Commission delegates, prepare a resume, and otherwise make their qualifications and positions known to the voting Commission members.
ARTICLE XI: POLITICAL ACTIVITIES
Section 1: The officers, delegates, and alternates of the Commission are prohibited from using this Commission or its name on behalf of any political party or candidate. The Commission will aggressively maintain a position of non-partisanship in all of its dealings.
Section 2: Candidates seeking political office may not distribute campaign literature, posters, signs, hats, shirts, etc., at any Commission meeting.
Section 3: Persons holding elected office are encouraged to address the Commission concerning matters of interest to the veterans/military community and the Commission. However, their appearance cannot be in conjunction with any reelection effort, and their appearance will in no way constitute a political endorsement of them or their positions by the Commission.
Section 4: During election years, the Commission may conduct candidate forums wherein all candidates for a given office are offered the opportunity to be present and engage in presentations and/or debates. Herein political activities will be allowed outside of the forum building, but must not in any way disrupt the orderly and dignified participation by the candidates.
Section 5: These Bylaws do not prevent the Commission from supporting or endorsing, or stating opposition to, any local, county, state, and federal legislation or actions that would have an impact upon the interests of the Commission.
ARTICLE XII: EFFECTIVE DATE AND AMENDMENTS
Section 1: These Bylaws may be amended or revised only after having been considered by the Bylaws Committee. Any proposed change(s) must be submitted to the Bylaws Committee, whose members will give the recommendations(s) due consideration. The Committee will then make their recommendation(s) known and such recommendation(s) will be published at least 30 days prior to any meeting when a vote of acceptance or rejection is to be held.
Section 2: At the voting meeting, the Bylaws Committee Chairman will preside over the Bylaws portion of the meeting. The recommendation(s) will be read, discussion will be called for, and a vote taken after the Secretary has verified the qualifications of the persons to cast a vote. A vote to change the Bylaws must be by a two-thirds majority of the members present when the vote is taken.
Section 3: These Bylaws are hereby approved and accepted this 18th day of August, 2008.
Signed by:
Dr. Richard M. Swier, President
Andrew Hooker, Vice President
Gen Fowler, Secretary-Treasurer
Tuesday, February 10, 2009
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.
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.
Wednesday, January 21, 2009
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.
"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.
Tuesday, January 13, 2009
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.
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.
Thursday, December 11, 2008
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.
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.
Wednesday, November 19, 2008
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 America
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 inKorea Cuba Vietnam 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 inIraq Afghanistan America
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
Today, we are fighting Islamic terrorism and we are taking the battle to them, we effectively defeated Al-Qaeda in
As we look forward to an Obama administration and the 111th 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
- 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 21st 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.
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