[House Hearing, 115 Congress]
[From the U.S. Government Publishing Office]
LEGISLATIVE HEARING ON H.R. 2409; H.R. 5452; H.R. 5538; H.R. 5644; H.R.
5649; AND H.R. 5882
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HEARING
BEFORE THE
SUBCOMMITTEE ON ECONOMIC OPPORTUNITY
OF THE
COMMITTEE ON VETERANS' AFFAIRS
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
__________
WEDNESDAY, MAY 23, 2018
__________
Serial No. 115-63
__________
Printed for the use of the Committee on Veterans' Affairs
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Available via the World Wide Web: http://www.govinfo.gov
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COMMITTEE ON VETERANS' AFFAIRS
DAVID P. ROE, Tennessee, Chairman
GUS M. BILIRAKIS, Florida, Vice- TIM WALZ, Minnesota, Ranking
Chairman Member
MIKE COFFMAN, Colorado MARK TAKANO, California
AMATA COLEMAN RADEWAGEN, American JULIA BROWNLEY, California
Samoa ANN M. KUSTER, New Hampshire
MIKE BOST, Illinois BETO O'ROURKE, Texas
BRUCE POLIQUIN, Maine KATHLEEN RICE, New York
NEAL DUNN, Florida J. LUIS CORREA, California
JODEY ARRINGTON, Texas CONOR LAMB, Pennsylvania
CLAY HIGGINS, Louisiana ELIZABETH ESTY, Connecticut
JACK BERGMAN, Michigan SCOTT PETERS, California
JIM BANKS, Indiana
JENNIFFER GONZALEZ-COLON, Puerto
Rico
BRIAN MAST, Florida
Jon Towers, Staff Director
Ray Kelley, Democratic Staff Director
SUBCOMMITTEE ON ECONOMIC OPPORTUNITY
JODEY ARRINGTON, Texas, Chairman
GUS BILIRAKIS, Florida BETO O'ROURKE, Texas, Ranking
BRIAN MAST, Florida Member
JIM BANKS, Indiana MARK TAKANO, California
LUIS CORREA, California
KATHLEEN RICE, New York
Pursuant to clause 2(e)(4) of rule XI of the Rules of the House, public
hearing records of the Committee on Veterans' Affairs are also
published in electronic form. The printed hearing record remains the
official version. Because electronic submissions are used to prepare
both printed and electronic versions of the hearing record, the process
of converting between various electronic formats may introduce
unintentional errors or omissions. Such occurrences are inherent in the
current publication process and should diminish as the process is
further refined.
C O N T E N T S
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Wednesday, May 23, 2018
Page
LEGISLATIVE HEARING ON H.R. 2409; H.R. 5452; H.R. 5538; H.R.
5644; H.R. 5649; AND H.R. 5882................................. 1
OPENING STATEMENTS
Honorable Jodey Arrington, Chairman.............................. 1
Honorable Beto O'Rourke, Ranking Member.......................... 2
WITNESSES
Honorable Julia Brownley, U.S. House of Representatives, 26th
Congressional District; California............................. 3
Prepared Statement........................................... 29
Honorable Phil Roe, Chairan, Full Committee on Veterans Affairs.. 5
Honorable Scott Peters, U.S. House of Representatives, 52nd
Congressional District; California............................. 5
Honorable Brad Wenstrup, U.S. House of Representatives, 2nd
Congressional District; Ohio................................... 7
Honorable Cheri Bustos, U.S. House of Representatives, 17th
Congressional District; Illinois............................... 8
Prepared Statement........................................... 29
Honorable Ryan Costello, U.S. House of Representatives, 6th
Congressional District; Pennsylvania........................... 9
Ms. Margarita Devlin, Principal Deputy Under Secretary for
Benefits, Veterans Benefits Administration, U.S. Department of
Veterans Affairs............................................... 10
Prepared Statement........................................... 30
Mr. John Kamin, Assistant Director, Veterans Employment and
Education Division, The American Legion........................ 11
Prepared Statement........................................... 33
Ms. Lauren Augustine, Vice President of Government Affairs,
Student Veterans of America.................................... 13
Prepared Statement........................................... 37
Ms. Rebecca Burgess, Program Manager, Program on American
Citizenship, American Enterprise Institute..................... 15
Prepared Statement........................................... 45
STATEMENTS FOR THE RECORD
The Department Of Defense (DoD).................................. 51
U.S. Department Of Justice (DOJ)................................. 52
National Guard Association Of The United States, Inc. (NGAUS).... 53
Paralyzed Veterans Of America (PVA).............................. 54
Tragedy Assistance Program For Survivors (TAPS).................. 56
LEGISLATIVE HEARING ON H.R. 2409; H.R. 5452; H.R. 5538; H.R. 5644; H.R.
5649; AND H.R. 5882
----------
Wednesday, May 23, 2018
Committee on Veterans' Affairs,
U. S. House of Representatives,
Washington, D.C.
The Subcommittees met, pursuant to notice, at 10:02 a.m.,
in Room 334, Cannon House Office Building, Hon. Jodey Arrington
[Chairman of the Subcommittee] presiding.
Present: Representatives Arrington, Bilirakis, and
O'Rourke.
Also Present: Representatives Roe, Brownley, and Peters.
OPENING STATEMENT OF JODEY ARRINGTON, CHAIRMAN
Mr. Arrington. Good morning, everyone. The Subcommittee
will now come to order.
As we head into Memorial Day, I am looking forward to this
legislative hearing and these pieces of policy meant to improve
upon the lives of those who have raised their right hand to
serve our country.
I want to thank all of you for joining us today to discuss
six very important pieces of legislation pending before the
Subcommittee with the intentions of benefitting, obviously, the
lives of our heroes, our servicemembers, our veterans, and
their families.
The bills brought forth by our colleagues today would
improve the services and economic opportunities for our
veterans, and would make changes to the servicemember Civil
Relief Act for when Reservists and National Guardsman are
called upon to serve; when a servicemember dies in the line of
duty and the subsequent effects to their surviving spouse in
terms of their housing lease.
They will also make necessary reforms to the Vocational
Rehabilitation and Employment Program, to ensure that all of
those who have served and are eligible for the program are able
to reap the benefits from the program.
I will let our colleagues who introduced these pieces of
legislation discuss their bills in greater detail, but I do
want to briefly discuss my bill. And I hesitate to say my bill,
before Chairman Wenstrup, or former Chairman Wenstrup, and the
ranking Member, and so many others have contributed to this. So
I would say our bill that is on the agenda that we introduced.
And it is one for me that when I think about all the money
we invest to make our fellow citizens part of the greatest
fighting machine the world has ever known and to make them
warriors, and then when they come back and they assimilate back
into our society as civilians after active duty, I mean, what
small amount of resource, time, and effort we spend in that
process. So I can't think of a more important reform or policy
to focus on that the Transition Assistance Program.
My bill, or our bill, the Navy Seal Chief Petty Officer
William ``Bill'' Mulder Transition Improvement Act of 2018, is
named in memory of my high school friend, who was a decorated
Navy Seal. Bill was a true American hero who returned after his
service to an internal struggle based on the mental and
physical toll that his active duty took on him, that
unfortunately our men and women in uniform understand all too
well.
This bill would overhaul the servicemember's transition
from active duty service to civilian life, it would improve
upon each touch point in the servicemember's transition with
the interagency efforts of the Department of Defense, Labor,
Veterans Affairs, and their partner agencies who are also
engaged in this effort.
While there have been improvements over the years to the
TAP program, more needs to be done to engage the servicemembers
earlier, prior to their separation, and to improve that warm
handover, as we call it, from active duty to veteran status,
with the involvement of both Federal entities and community
programs that understand the needs of the veteran at the local
level when they return home. This bill is another step towards
reducing the struggles of unemployment, homelessness, suicide
when those who have worn the uniform return home.
We owe it to Bill and to all of our military to do
everything we can to properly equip them for civilian life,
just as we have equipped them for their military careers.
As I have said since day one, as we worked to develop this
legislative package, an ounce of prevention is better than a
pound of intervention, and I am thankful to all of my
colleagues who played a role in creating this bill.
I also want to thank the Federal agencies, community
programs, and other veteran stakeholders who were involved
along the way. I look forward to discussing all of the bills
before us today. I appreciate, again, the Members on both sides
of the aisle who are attending today to testify on their bills.
Mr. Arrington. I will now yield to my friend and ranking
Member, Mr. O'Rourke, for any opening comments he might have.
OPENING STATEMENT OF BETO O'ROURKE, RANKING MEMBER
Mr. O'Rourke. Thank you, Mr. Chairman.
And I will share with you something that I share with my
constituents when they are looking for some encouragement in
their government in some very tough and trying times for many,
I tell them about this Committee and the fact that just about
any issue that we work on is done on a bipartisan basis. There
is no Republican or Democratic bill to increase access for
mental health care for veterans, to improve the Transition
Assistance Program, to fulfill our commitment, our end of the
bargain for those who put their lives on the line for this
country.
Legislation that just passed last week in the House of
Representatives that made significant changes to a number of
programs, including the Caregiver Program, to ensure parity for
pre- and post-9/11 veterans and their family members who care
for them really makes me proud. And it is something that it is
not sensational or provocative enough, so it doesn't make the
headlines, doesn't grab everyone's attention, but it is a story
that needs to be shared, because there is work being done.
And the Members who are about to testify and share the
bills that they have worked on with their staffs are part of
that story. And having reviewed these bills with our team, I am
very encouraged by what is being brought forward, and look
forward to supporting it and getting a little bit more
information from the Members who put them together.
Lastly, I will tell you that you have just been exceptional
in your leadership on this Transition Assistance Program. You
held a field hearing in West Texas, at Texas Tech in Lubbock.
Texas Tech has become a leader in this, trying to define the
example of how you successfully integrate people after they
have served.
And Dr. Wenstrup has been incredibly powerful and eloquent
on this need to have purpose and fulfillment in your life after
you come back from battle or combat or service. And through an
education, through a career, through knowing what you are going
to do next, which this TAP program can be so effective in, I
think we can do far better for those who have served this
country.
So I am very grateful to be working on this Committee with
you and the other colleagues here. I am grateful for those not
on the Committee who are about to testify and share their ideas
for bills, and look forward to supporting them. And with the
Chairman's help, Chairman Roe and Ranking Member Walz, getting
these on the floor as quickly as possible, so we can continue
to move forward.
So, thanks for bringing this hearing together. I look
forward to hearing what everyone has to say.
I yield back.
Mr. Arrington. Well said and I agree, and I knew when they
announced that I was going to serve with the ranking Member
from the great State of Texas we were going to do some great
things. That is a joke--not a joke, but a joke.
Let me now recognize our colleagues at the table. But
before we do that, actually, let's yield to our fellow
Committee Members who also have bills on the agenda. Ms.
Brownley, thank you for being here, and for your interest and
for your legislation. We will begin with you to discuss H.R.
5452, and you are now recognized for 5 minutes.
OPENING STATEMENT OF HONORABLE JULIA BROWNLEY
Ms. Brownley. Thank you, Mr. Chairman, and Ranking Member
O'Rourke, and Members of the Subcommittee. Thank you for the
opportunity to testify today in support of my bill, H.R. 5452,
the Reduce Unemployment for Veterans of All Ages Act.
I appreciate the Subcommittee's commitment to improving the
VA's various veteran employment programs, including the
Transition Assistance Program and the Vocational Rehabilitation
Program. These programs provide the wraparound support,
education, and services that help veterans get and keep
meaningful work after their service. As a proud Member of this
Committee and a co-chair of the Reinvesting in our Returning
Heroes Task Force, I share that same mission.
My bill today makes one simple, but powerful change to the
VA's Vocational Rehabilitation and Employment Program, also
known as Chapter 31.
As you know, the VA currently runs the Chapter 31 program
to help veterans obtain employment and achieve maximum
independence through job training, employment accommodations,
resume development, and job-seeking skills coaching. In fiscal
year 2016, nearly 30,000 veterans developed a new plan of
service through vocational rehabilitation, and 11,500 veterans
secured and maintained suitable employment or completed an
independent living program.
Eligibility for this program, however, expires 12 years
after separating from military service. Not all veterans with
service-connected disabilities are aware of their possible
eligibility when separating from their service and some may not
need VR&E until later in their career. According to DAV
Resolution No. 250, not all disabled veterans are under the
impression that they need vocational rehabilitation until
later, after the current 12-year excludes them from the benefit
that they need and would otherwise have been entitled to.
The fact is, we need to address veteran unemployment at all
ages and ensure America's heroes have the support they need in
the 21st century economy. Currently, 60 percent of unemployed
veterans, more than 270,000 former servicemembers, are over the
age of 45. Older veterans have outstanding experience and
technical skills, and we need to do more to help these veterans
succeed in the labor market. This unfair cap on Chapter 31
harms the ability of older veterans to access employment
services. This bill would lift this arbitrary limit, and ensure
veterans get the support they have earned and deserve.
Like the caregiver program, this arbitrary cap forces the
VA to treat two veterans who have the same service-connected
disability differently simply because of how long ago they
served. We worked in a bipartisan way to fix that unfairness in
the caregiver program and we should do the same here with
Chapter 31.
H.R. 5452 is supported by the VSOs as a commonsense
solution to simplify the program and help get more veterans
back to work.
So I thank the Chairman and the ranking Member for holding
this hearing. Unfortunately, I have to go to a markup in T&I
and will have to leave you, but I appreciate your focus and
attention on all of the bills before us today, and your efforts
to make all of our veterans successful in the workplace.
So, thank you very much.
[The prepared statement of Julia Brownley appears in the
Appendix]
Mr. Arrington. Thank you, Ms. Brownley. Thank you for your
leadership on the Committee and your commitment to our
veterans.
Before I yield to our colleague Mr. Peters, I would like to
say that are fortunate and blessed to have our Chairman with us
at this legislative hearing, and I would just like to ask if
you had anything. So I just yield as much time as you may need,
Mr. Chairman.
OPENING STATEMENT OF HONORABLE PHIL ROE, CHAIRMAN, FULL
COMMITTEE ON VETERANS AFFAIRS
Mr. Roe. Thank you, Mr. Chairman, and I don't need a lot of
time. And, Mr. O'Rourke, thank you for letting me be here
today.
But I have a special guest that I would like to introduce,
and I would like to ask Molly Hale, if Molly would stand up,
she is back over here. Molly is on Capitol Hill today working
or representing, and I see another maybe person that is also
doing that here, Youth Foster Day. And what we have are foster
youths who have really had a tough time and been placed in
foster care. And I don't know how anybody would pick me for a
mentor, but anyway she got the short straw, Molly did today.
[Laughter.]
Mr. Roe. And she will be with us and they have a luncheon
later today. And I think are you with--yeah, why don't you
stand up also. I don't know your name. But these young people
have overcome tremendous obstacles in their lives and really
are amazing young people. And Molly has lost both of her
parents and was in foster care. She has now finished her first
year of college at East Tennessee State University, I think she
had 38 semester hours the first year, it would kind of
overwhelm me to have that many, and is doing a great job
And I just wanted to give a shout-out to both these young
people here today and, with that, I will yield back, Mr.
Chairman.
Mr. Arrington. Thank you, yeah.
[Applause.]
Mr. Arrington. We are delighted that you are here with us
and we are very proud of you, and we will see if you can suffer
through a legislative hearing and test your patience.
[Laughter.]
Mr. Arrington. Let's now ask our colleague Mr. Peters to
discuss his bill, H.R. 5538.
Mr. Peters, you are now recognized for 5 minutes.
OPENING STATEMENT OF HONORABLE SCOTT PETERS
Mr. Peters. Thank you, Mr. Chairman. And thank you, Mr.
Chairman, we certainly welcome the guests today. I appreciate
your allowing me to testify today for my bill, the Reserve
Component Vocational Rehabilitation Parity Act.
Let me thank first General Jack Bergman, who joined me to
introduce this bill, and five of our Committee colleagues who
cosponsored the bill. And I also want to thank the Committee
staff, who always does great work as well.
So many Guardsmen and Reservists have realized they don't
qualify for all their benefits since the Department of Defense
began using their new authority to call up Reserve components
for involuntary service. The new authority unintentionally
excludes these Guardsmen and Reservists in a way in which I
will talk about.
Thankfully, Ranking Member Walz and Mr. Palazzo have taken
the lead to secure benefits for them, and we passed a few
important fixes in the Forever GI Bill last year. One
unresolved issue is access to vocational rehabilitation.
So this VA program provides critical job training that
helps servicemembers and veterans find their career path after
they have completed their service. Upon separation, there is a
rule that veterans need to use their vocational rehab benefits
within 12 years, they need the time to consider when and
whether to take advantage of that benefit. But on separation
from active duty, as you know, Reservists can be called to
spend some of those months or years deployed.
So currently two Reservists serving side-by-side in active
duty may not have access to the same amount of time to take
advantage of the benefits, because the Reservists who
volunteered under current law to serve will have the vocational
rehab benefit time, the 12-year extended while they are
deployed, but the Reservists who is involuntarily deployed does
not get that extension. So it is really a distinction with no
reason, it is a simple fix.
The Guardsmen and Reservists who served honorably in
missions to support combat zones, they have provided the same
service, they have earned the same employment and education
benefits as any other Reservists through their service. There
is no reason to create a distinction between those who
volunteered and those who were called on involuntarily.
So my bill would just ensure Reservists and Guardsmen will
have access to that full 12-year window to use their vocational
rehab benefits.
I am proud that the bill, it is a simple bill, is supported
by the National Guard Association of the United States and the
Reserve Officers Association. Mr. Chairman, I ask unanimous
consent that their letters of support be added to the record.
Mr. Arrington. No objection.
Mr. Peters. I also want to commend my colleague Ms.
Brownley for her work to ensure veterans of all ages have
access to vocational rehab in the future, but in the meantime
this bill provides some certainty for the Guardsmen and
Reservists who need this fix now.
I appreciate your attention today. I hope you will support
the legislation. And I yield back the remainder of my time.
Mr. Arrington. Thank you, Mr. Peters, again for your
leadership on the Committee and your passion for serving our
veterans.
And now we will turn our attention to our panelists. It is
an honor to be joined at the table by our colleagues Dr.
Wenstrup of Ohio, Ms. Bustos of Illinois, and Mr. Costello from
Pennsylvania. Thank you all for being here and we will
recognize each of you for 5 minutes to talk about your
respective bills.
Dr. Wenstrup, we are going to miss you on the Committee.
Congratulations. I know your heart will always be with our
veterans and you will always be working with this Committee,
and we need you over there at Ways and Means.
So we will begin with you, Mr. Wenstrup, you are recognized
now for 5 minutes.
STATEMENT OF HONORABLE BRAD WENSTRUP
Mr. Wenstrup. Well, thank you, Mr. Chairman. I want to say
from sitting down here, it looks a little different. You all
look so big up there, I'm telling you.
[Laughter.]
Mr. Wenstrup. But I see that I am replaced ably and
deservingly by an outstanding veteran, Brian Mast, but I also
want to say what a privilege it has been to be on this
Committee for 6 years and to serve under Chairman Roe, and to
serve with each and every one of you.
What you said before, Mr. O'Rourke, is very true, this
Committee gets a lot of things done and works very well
together and I appreciate it, and I appreciate the staff that I
have had the honor to serve with as well.
But I want to thank you, Mr. Chairman, for yielding and
thank this Committee for the opportunity to testify today on an
important piece of legislation.
One of the most important things Congress can do to help
returning servicemembers reintegrate back into civilian live is
to support and prioritize programs that help them find
meaningful employment or education and training opportunities.
Unfortunately, the structure of the VA can detract and distract
from this mission.
Currently, the Veterans Benefits Administration is
responsible for all benefits of which the bulk of resources and
attention go towards disability compensation, pension claims,
and the backlog that they face. The primary focus on these
benefits has resulted, I believe unintentionally, in a lack of
attention on other benefits, and especially those surrounding
economic opportunity.
That is why just last month Representative Mark Takano and
I introduced the Veterans Education Transition and Opportunity
Prioritization Plan, known as VET OPP Act of 2018. This bill
would create veterans Economic Opportunity and Transition
administration at VA, headed by a new Under Secretary for
Economic Opportunity and Transition. Under the bill, all the
VA's education and training, transition, home loan, and
veterans owned and operated small business verifications would
be placed under the new Economic Opportunity and Transition
administration.
It is important to note that the bill would require this
new administration to be created within existing resources to
avoid growing Government or adding new bureaucracy at VA.
This is an opportunity to shift focus, to make a difference
in our veterans' lives and to make economic opportunity
programs that empower our veterans more effective.
For decades, the VA has prioritized other benefits and
services at the expense of these programs that empower our
veterans to successfully transition and continue to be self-
sustainable. This bill is about highlighting economic
opportunity programs and elevating them to a higher level, a
level I believe they deserve. Our veterans return from war with
skills that are applicable to the civilian world; they are
strong, dependable leaders, and our commitment to programs that
promote opportunities and success reinforces those abilities.
The one percent of Americans defending our freedom deserve
a solid path after service, one that comes with high quality
education and employment opportunities, and this bill furthers
that mission.
And with that, Mr. Chairman, I yield back.
Mr. Arrington. Thank you, Dr. Wenstrup.
Now, Mrs. Bustos, we recognize you for 5 minutes.
STATEMENT OF HONORABLE CHERI BUSTOS
Mrs. Bustos. Very good. Thank you so much, Mr. Chairman and
Mr. Ranking Member.
And I really like how you started out this meeting by
talking about bipartisanship, that is we need obviously a lot
more of that, and I am proud with the fact that what I am going
to be talking about is bipartisan with this gentleman right
here, a Colonel, a doctor, and a Member of Congress. And we are
here to offer bipartisan legislation to support widows and
widowers of our fallen heroes by allowing them to terminate
residential leases without penalty in the wake of a
servicemember's death.
This is how I became aware of this issue. We have a woman
who lives in Farmington, Illinois, which is in my congressional
district, named Kylie Riney. Her life and her family's lives
were forever changed on October 19th of 2016 when her husband,
Douglas Riney, who was a Sergeant in the military, tragically
died when he was defending our freedoms in Kabul, Afghanistan.
Kylie and her two little kids, James and Ella, were living
in Texas at the time because Sergeant Riney's assignment was in
Fort Hood before he deployed to Operation Freedom's Sentinel.
After her husband's death, Kylie chose to move back to her home
state of Illinois to be surrounded by her family as they were
mourning this inconceivable loss. But in the wake of this
tragedy, their landlord refused to allow Kylie to terminate the
lease that she and her husband had signed. Unbelievable.
The families of our fallen heroes have already sacrificed
far too much, and we should be doing everything in our power to
ensure that grieving spouses receive the support that they
need. For this reason, I was proud to introduce this
commonsense, bipartisan bill that we call the Gold Star Spouses
Leasing Relief Act, and I am proud that we were able to do this
together with Congressman Wenstrup.
Currently, the Servicemembers Civil Relief Act protects
servicemembers from lease termination fees when they deploy or
receive a permanent change of station. Our legislation very
narrowly extends this law's residential leasing protections in
order to protect the surviving spouses of servicemembers who
are killed while serving. So that is what this part of it does.
Spouses of servicemembers are already protected under
several sections of the Servicemembers Civil Relief Act,
including the sections on land rights, taxes, and voter
registration. This bill would not dramatically expand this law,
it would simply make sure that it is there for surviving
spouses when they need it most.
I can hardly think of anything worse than taking advantage
of a grieving widow whose spouse made the ultimate sacrifice
for our country. So I really do hope that we can pass this
commonsense legislation to ensure this does not happen again.
And with that, I yield back the balance of my time. Thank
you, Mr. Chairman, and thank you, Mr. Ranking Member.
[The prepared statement of Cheri Bustos appears in the
Appendix]
Mr. Arrington. Thank you, Mrs. Bustos. We appreciate you
identifying a gap and supporting families, especially surviving
spouses of servicemembers, so bless you for that.
Now we will ask Mr. Costello to talk about his bill. You
are recognized for 5 minutes.
STATEMENT OF HONORABLE RYAN COSTELLO
Mr. Costello. Thank you, Mr. Chairman.
At the inception of my comments, I just want to echo what
Mr. O'Rourke said about this Committee, which I had the
distinction of serving on in my first term, as a Committee that
you can go home to your district and share with your
constituents that you are doing good things in a bipartisan
fashion, and the politics doesn't make its way into here. And
with Chairman Miller departing, I see that Chairman Roe has
filled ably in furthering that attitude and spirit and
reputation of this Committee.
And I applaud all those who have bills here to be discussed
this morning. I would like to speak on behalf of my
legislation, H.R. 2409, which would eliminate unnecessary
burdens on servicemembers and their families during a change of
duty or deployment. This is a bipartisan bill that would offer
servicemembers the flexibility to terminate pay TV or Internet
contracts while deployed.
Under these unique circumstances, we can agree that men and
women who serve should not have to navigate costly and time-
consuming, and oftentimes very, very annoying cancellation fees
and policies. By updating the Servicemembers Civil Relief Act,
servicemembers would be able to end pay TV and Internet service
contracts without incurring early termination fees when they
have military orders to move or deploy.
It is important to note that there are similar relief
provisions in some states and certain businesses do voluntarily
waive early termination fees. This legislation would enact a
Federal solution, so that all our Nation's servicemembers and
their families are provided uniform assistance.
We all agree that the men and women who sacrifice so much
to serve our country deserve the best possible service when
they come home and when they are preparing to deploy. That is
why I introduced this legislation.
I would also just like to remark in closing, when I
discussed Chairman Roe and his tenure as Chairman, also that
extends to the staff here, council and Committee staff who do
an excellent job. They should be applauded for their hard work.
I know that my colleagues regularly do point them out and I
just wanted to do that as well, because we are all in this
together. I think this Committee really is the shining star on
the hill or however that term goes in terms of demonstrating
how Congress should work.
I thank you for the opportunity to speak with you about
supporting H.R. 2409 and yield back.
Mr. Arrington. Mr. Costello, again thank you for your
leadership and service on this Committee and your commitment to
our veterans, and thank you for your time and for coming here
today. You are now excused as we recognize the second panel of
witnesses today.
I want to welcome Ms. Margarita Devlin, Principal Deputy
Under Secretary for Benefits at the Department of Veterans
Affairs; Mr. John Kamin, Assistant Director for the Veterans
Employment and Education Division of The American Legion; Ms.
Lauren Augustine, Vice President of Government Affairs at
Student Veterans of America; and Ms. Rebecca Burgess, Program
Management for the Program on American Citizenship at the
American Enterprise Institute.
Thank you all for being here and each of you will be
recognized for 5 minutes. Ms. Devlin, let's start with you.
STATEMENT OF MARGARITA DEVLIN
Ms. Devlin. Good morning, Chairman Arrington, Ranking
Member O'Rourke, and the Members of the Subcommittee. I am
pleased to be here to talk about the views the Department of
Veterans Affairs has on pending legislation, including H.R.
2409, H.R. 5452, H.R. 5538, H.R. 5644, H.R. 5649, and a bill
authorizing lease termination under the Servicemembers Civil
Relief Act.
VA supports 5538, which amends Chapter 38 to provide the
inclusion of additional periods of active duty service for
charges to veteran's entitlement during periods of postponed
participation in VR&E programs.
We support this bill because it would ensure that members
of the Reserve component who are involuntarily activated
receive the same benefits and protections as other individuals
who are involuntarily activated.
H.R. 5644 would establish the Veterans Economic Opportunity
and Transition Administration, or VEOTA, to administer programs
that provide assistance related to economic opportunity for
veterans, and their dependents and survivors. VEOTA would be
responsible for the following VA programs: vocational
rehabilitation and employment; educational assistance; veterans
home loan programs; verification of small businesses owned and
controlled by veterans, including the administration of the
database of veteran-owned businesses; the Transition Assistance
Program; and any other programs deemed appropriate by VA.
While VA appreciates the Committee's focus on improving
services and resources offered by those programs, we do not
support this bill.
The current VBA structure appropriately reflects the Under
Secretary for Benefits' overall responsibility for veterans
benefit programs that include programs related to economic
opportunity and transition, as well as compensation, pension,
survivor benefits, and insurance.
VA is in the process of modernizing the entire
organization. To achieve modernization, VA recognizes that the
Department must fundamentally change the way it operates. This
requires the de-layering of oversight offices and concentrating
resources on front-line, veteran-facing, and veteran-serving
positions. The addition of another administration would
increase oversight for programs that are currently in place,
contrary to the modernization efforts that are underway.
H.R. 5649 would seek to improve transition assistance to
servicemembers and veterans under the Transition Assistance
Program, or TAP, through improved private-public partnerships,
authorization of studies, and other changes. VA appreciates the
Subcommittee's interest in TAP and shares the desire to make
sure the program serves as many transitioning servicemembers as
possible, and as effectively as possible.
To that end, the interagency TAP team has currently
initiated several evaluations and studies, which will provide
additional information needed to make evidence-based decisions
on what we should do to make improvements and how those
improvements should be made. We look forward to working with
you in the Subcommittee on improving TAP once we have completed
these evaluations that are already in progress, so that we can
make evidence-based decisions.
With respect to H.R. 5452, VA supports the objectives of
this bill, which are designed to reduce unemployment for
veterans of all ages. However, we cannot support this bill
because we do not consider it necessary. Currently, Title 38
requires that VR&E benefits and services must be utilized
within 12 years, this is true. However, there are other
sections of Title 38 and VA regulations, which authorize the
extension of this eligibility period for veterans for a variety
of reasons, including, but not limited to medical conditions,
character of discharge, not having had a service-connected
disability rating during that time period, and other reasons.
There are many exclusions which allow us to extend that time
period. In addition, the ETD may be waived as needed for
veterans who are determined to have a serious employment
handicap.
Because we have all of these protections in place to help
those veterans who are past their 12-year eligibility period,
but have rehabilitation needs, we believe we are already
working to accomplish the goals of this bill.
With respect to H.R. 2409, VA defers to DoD or DOJ on the
draft lease termination bill, because these bills fall outside
of VA's jurisdiction.
Thank you, Chairman Arrington and Ranking Member O'Rourke,
for the opportunity to present our views on these bills, and
this concludes my testimony and I look forward to engaging in
conversation as you have questions.
[The prepared statement of Margarita Devlin appears in the
Appendix]
Mr. Arrington. Thank you, Ms. Devlin.
Mr. Kamin, you are now recognized for 5 minutes.
STATEMENT OF JOHN KAMIN
Mr. Kamin. Thank you, Mr. Chairman, ranking Member and
distinguished Members of this Subcommittee. On behalf of
National Commander Denise Rohan and the 2 million members of
the The American Legion, we thank you for the opportunity to
testify on these bills.
Due to the allotted time available, I will briefly speak on
two pieces of legislation, and conclude with remarks on a
recent change to GI Bill eligibility that may affect the
educational opportunity of thousands of veterans.
I will begin with H.R. 5649, the Navy Seal Chief Petty
Officer William Mulder Transition Improvement Act of 2018. H.R.
5649 marks a strong improvement of TAP, the largest
reorganization of which since 2011. Specifically, this bill
would be restructuring TAP to allow servicemembers to choose
specific career-oriented tracks that best suit their post-
service plans and would require that servicemembers take part
in one-on-one counseling prior to separation. It would also
authorize a 5-year pilot program that would provide matching
grant funds to community providers that offer wraparound
transition services to veterans and transitioning
servicemembers.
Specifically, The American Legion is pleased to see that
language from H.R. 4835 has been included in this bill. In
2012, The American Legion helped push the Off-Base Transition
Training Pilot Program that would extend the TAP programs to
veterans and their spouses in a community-based setting.
Overall, course ratings by participants were high; however, the
pilot program expired in January of 2015. We look forward to
seeing it relaunched.
Next, we move on to H.R. 5644, the Veterans Education,
Transition, and Opportunity Prioritization Plan. The American
Legion's national executive committee has recently examined
this issue and determined that the proposal is of such
historical magnitude that the appropriate course of action is
to present it to our national convention this summer after
careful study and consideration. This prudence is warranted, at
the very least for us to present our concerns directly to the
Department of Veterans Affairs.
As to the nature of these concerns, one needs to look no
further back than this Subcommittee's vocational rehabilitation
hearing last week. In this hearing, VA senior staff explained
rather candidly that a $12 million contract to update VR&E's IT
was botched. That happens. What they could not identify or
explain under considerable duress was any party's
responsibility for the error.
This is not the fault of the VA staffers who bore the brunt
of these questions, but it is telling evidence of systemic and
structural barriers to effective governance.
The American Enterprise Institute has made a passionate
case for fourth administration in its recently released report,
but further questions certainly need to be answered. Who is our
champion? What will be the implication on how to untie the web
of IT issues affecting vocational rehabilitation and education,
and how will this affect long-time budgeting?
These questions warrant continued discussion and analysis,
but the central question upon which the future of the VA will
pivot is whether or not investing in the economic opportunity
of veterans is a tier one priority for the VA. If so, who is
communicating these issues to the Secretary? Who can inform the
Secretary of these issues with Voc-Rehab? Who is making policy
determinations on the practice of VA home loan mortgage
churning?
Who can share with the Secretary the success of the GI Bill
and perhaps explain that it should not be the responsibility of
the Student Veterans of America to foot the bill for research
approving the success? Who can share with the Secretary the
optimism that America is preparing its veterans to be future
leaders and pledge that every investment made in them is
meticulously calibrated to account for the volatile
developments in housing, education, and employment markets?
The irony is that this issue demands nothing more than the
VA believe as strongly in the future of these veterans as the
rest of the country does. The VA we want is the VA that
recognizes that veterans are more than health, benefits, and
cemeteries.
The VA may have a plan for how this could be realized
without a fourth administration and, to that end, we welcome
their response.
In closing, I ask for this Subcommittee's indulgence in
explaining a positive development on the subject of GI Bill
eligibility. Up until two weeks ago, it had been The American
Legion's understanding that the only way to secure post-9/11 GI
Bill eligibility for Army Reservists was active duty
deployments. Then we discovered, with the help of our friends
at the Enlisted National Guard Association, a document
published by our Army Human Resources Command, titled MILPER
17-059. This message declared a change in interpretation of
service qualifying for the post-9/11 GI Bill to include active
duty training under 12301d orders. While this is exciting news
to share, I cannot tell you how a Reserve servicemember would
become aware of this eligibility without rifling through U.S.
Code and DoD regulations.
We have to do a better job about disseminating this
information to our Reserve servicemembers. The Department of
Defense, the VA, and, yes, even The American Legion and our
fellow VSOs.
We usually end testimony by saying you can always count on
the legion for support. However, today we are calling for your
support encouraging the VA and the Department of Defense to
raise awareness of this eligibility to support these often
neglected servicemembers.
Thank you for your time and I look forward to your
questions.
[The prepared statement of John Kamin appears in the
Appendix]
Mr. Arrington. Thank you, Mr. Kamin.
Ms. Augustine, you are now recognized for 5 minutes.
STATEMENT OF LAUREN AUGUSTINE
Ms. Augustine. Chairman Arrington, Ranking Member O'Rourke,
and Members of the Subcommittee, thank you for inviting Student
Veterans of America to submit our testimony on the pending
legislation before you today. With over 1500 chapters,
representing more than 700,000 student veterans in schools
across the country, we are pleased to share the perspective of
those directly impacted by the subjects of transition and
economic opportunity before you today.
SVA strongly supports H.R. 5644, the VET OPP Act, which
would create the Veterans Economic Opportunity and Transition
Administration at the Department of Veterans Affairs. We
applaud this Committee for considering such a proactive change
to VA's current bureaucratic structure which would truly
prioritize empowerment, education, and economic opportunity
within the halls of VA, and across the veteran community.
We believe this transformational change is necessary to,
first, increase accountability. Chairman Arrington, you said it
best yourself just last week during a hearing on the VR&E
Program: we need a quarterback. To build on your analogy, right
now there is a strong roster of directors and Under Secretaries
who are successfully carrying the ball down the field for
economic opportunity programs, much like receivers and running
backs. But all receivers still need a quarterback, someone to
call the plays, read the field and make adjustments, and to
take the tough questions after the game when things do not go
as expected.
And while we appreciate the new Under Secretary of Benefits
being installed just last week, we believe this proposal is
still necessary to provide more direct accountability for those
programs it would encompass.
Second, elevate the power of economic opportunity for
veterans. Elevating economic opportunity sends a powerful
message that an empowered life is prioritized by VA at the same
level of things like health care and burial benefits, instead
of simply being part of the bottom-heavy Veterans Benefits
Administration.
Third, it establishes a more direct counterpart for cross-
agency efforts. A myriad of Government agencies routinely
interacts with VA on economic opportunity programs and
initiatives. Providing these agencies with an Under Secretary
to coordinate and champion such cross-agency efforts will lead
to greater Government efficiency.
Fourth, it supports whole health. VA's whole health
initiative aims to shift the focus from what's the matter to
what matters most to veterans. Economic opportunity programs
directly support building on this concept by focusing on things
that can help veterans achieve educational, employment, and
home ownership goals, but these programs need a stronger
champion in the VA structure,
A long list of tradition and post-9/11 military and
Veterans Service Organizations have supported this concept in
the past and continue to do so today. We are eager to work with
this Congress and the President to finally make it a reality.
SVA also supports H.R. 5649, the Navy Seal Chief Petty
Officer William ``Bill'' Mulder Transition Improvement Act,
which would improve the Transition Assistance Program.
Important improvements to TAP have been highlighted through
participation in roundtables this Committee hosted and other
convening's over the past year. We are pleased to see a
majority of those bold initiatives included in this
transformational piece of legislation.
Specifically, we applaud the Committee for including
attention to, one, transition pathways. This would require the
military services to establish a minimum of three transition
pathways to be used as part of the individualized counseling
during TAP. This is an important improvement that will catalyze
the success of separating servicemembers and is a distinct
shift from the current approach where individuals receive
instruction almost exclusively based on rank.
Two, support for veterans and spouses. This bill would
reauthorize a pilot program that allowed veterans and spouses
to attend the Department of Labor workshop at off-base
locations. This is an important recognition that access to the
information in TAP seminars after separation for spouses and
veterans can help improve the transition process.
Next, to the importance of community impact. The bill
proposes a 5-year pilot program to help community providers
fund innovative transition services. These initiatives
appropriately recognize the importance of local communities in
the transition process, and we applaud the acknowledgment of
community-based impact.
And, finally, the need for greater data. This bill proposes
several data collection and report requirements, which will
provide further clarity on the overall impact of TAP and
provide information that can be used to refine the program's
effectiveness. We strongly applaud this Committee for including
each component and look forward to reviewing the information
for years to come.
On curriculum, this bill would improve and modernize the
curriculum and structure of TAP by authorizing a servicemember
to choose one of the two-day tracks focused on education,
vocational training, employment, or entrepreneurship as part of
their 5-day training. This is different from the current
structure that has a mandated 5-day course with the option to
add an additional 2-day track. While we appreciate the mandate
of a 2-day track, which do provide tailored information based
on a servicemember's transition plan, we have concerns they
would replace instead of supplement the current 5-day
curriculum.
Thank you for the opportunity to testify on these issues,
and thank you for making the success of student veterans and
the importance of economic opportunity for all veterans and
their families a top priority.
[The prepared statement of Lauren Augustine appears in the
Appendix]
Mr. Arrington. Thank you, Ms. Augustine.
Finally, Ms. Burgess, you are recognized for 5 minutes.
STATEMENT OF REBECCA BURGESS
Ms. Burgess. Chairman Arrington, Ranking Member O'Rourke,
and distinguished Members of the Subcommittee, thank you for
the opportunity to appear today as you consider measures to
uplift our Nation's veterans in their transition from war to
successful civilian lives, it is an honor.
Veterans are the permanent ambassadors of national service.
How we publicly portray veterans relates to how society
conceptualizes military service, including what happens to an
individual during that service. In an all-volunteer force,
reputation is key to the attractiveness of joining a profession
that can end in death or permanent disability. Those who choose
to wear the Nation's uniform, as well as those who choose not
to, are influenced by how well Congress and VA care for
veterans' post-service reputations as their physical bodies.
The types of legislation that Congress passes, and programs
and benefits the VA prioritizes, powerfully shape the veteran
narrative. Crucially, it influences veterans' own perception of
their identity and worth in the post-service context.
The proposed VET OPP Act reflects how veterans grow their
post-service identity in a whole-health manner. It recognizes
that having a fourth high-level institutional VA mechanism,
Veterans Economic Opportunity and Transition Administration,
headed by its own Under Secretary, can light the pathway to
success for post-service veterans similarly to how DoD
mechanisms involving training, a sense of purpose, and a shared
community shape young civilians into successful soldiers.
A little less than half of the entire military are 25 years
old and younger. Developmentally speaking, this is emerging
adulthood, a period of rapid development involving key
struggles surrounding personal identity. The military offers
concrete answers to common existential questions, reinforcing
them through experience during this normative period.
Positive self-regard cultivated during military service
becomes a focal point of the psychological changes marking the
period of transition out of the military. Research from
Columbia University reveals that veterans experience grief-like
symptoms at the loss of their military identity, which in turn
augments all the stressors of a life transition when facing the
initial instability of civilian life, and lacking the order and
purpose that characterizes their service.
We tend to call this experience of veteran transition
stress PTSD and erroneously believe the majority of all post-9/
11 veterans have a mental health disorder. Unfortunately, since
funded research at VAs and MTFs prioritize PTSD research, and
since most well-intentioned veteran legislation post-9/11
emphasizes mental health disorders, potential employers and
veterans themselves are trapped in the inaccurate and harmful
broken veteran narrative cycle.
Over half of employers believe that veterans don't have
successful careers after the military, that veterans don't
pursue a college or vocational school degree. Sixty two percent
believe veterans need to acquire more hard and soft skills.
Veterans themselves tend to agree that they need soft skills.
Both nearly unanimously agree on the benefit of internship or
apprenticeship programs for veterans as they seek to reenter
the civilian workforce, and post-9/11 veterans especially see
education as crucial to their continued success.
The VA currently has a suite of educational assistance,
vocational rehabilitation and employment, and education and
career counseling programs, which make accessible tools
veterans need to progress from war to work, but these are at
the bottom of the totem pole within the Veteran Benefits
Administration.
The VA's nearly century-old structural design impedes its
own ability to help veterans achieve success. Its manufacturing
economy outlook, which informs its 1917-based disability model,
marks as a perverse incentive against veterans entering the
workforce. With VBA's energies directed towards its backlog of
its disability claims, its institutional resources are
concentrated on the disability system to the unsurprising
neglect of its education and economic programs.
One small example. If you visit the Office of Employment
and Economic Impact Web site under VBA, it tells you it is no
longer available and to look elsewhere. Coincidentally, a
majority of veterans' report navigating the VA's
administrations and benefits is their top challenge in their
transition to civilian life. The very VA economic opportunity
programs veterans stand most to profit by are operating with a
proverbial millstone around their necks.
In the 21st century information age, education is key to
employment, and employment is the door to a successful
transition to civilian life. Education and employment combine
to give veterans the tool to reforge civilian identities
stronger even than their military ones. The psychic rewards of
work, productivity, and a career cannot be underestimated,
which is corroborated by the true veteran narrative.
Empirical data shows how veterans with increased levels of
education are wealthier, healthier, and more civically engaged
than even their civilian peers. Additional research establishes
the links between these outcomes reduced rates of dependence,
disability, and criminality. This is the veteran narrative that
should predominate.
The VET OPP Act can trigger this narrative shift as
Congress elevates existing VA Economic Opportunity and
Transition Assistance Programs, shifting them structurally into
a fourth VA administration. The goal of such programs should be
to enable soldiers to be fully functional members of society,
animated by a strong civilian identity.
Thank you for the honor of this opportunity. I look forward
to your questions.
[The prepared statement of Rebecca Burgess appears in the
Appendix]
Mr. Arrington. Thank you, Ms. Burgess. I am going to yield
5 minutes to myself to begin the discussion and line of
questions.
Let's pick up where you left off on this fourth admin bill.
I am loathe to tell an executive how to organize, and what
specific strategies and tactic to deploy. I would focus on
results, and I would focus on what success looks like, and then
I would measure that, and then we would hold them accountable
as the governing committee over the VA Administration.
I think that is the way this ought to work, but I must say
I am very concerned with the lack of continuity and political
leadership at the VA. I bring this up repeatedly. I don't know.
Part of the problem may be the Senate is not doing their job to
move these things through for our President. I think every
President, whether you are Republican or Democrat, they ought
to have their folks in place so that they can be judged at the
end of their term whether they fulfilled their commitments and
promises, but you can very--not very easily hold people
accountable when you are not allowing them to put their teams
in place.
Maybe there are other factors, but I know it is a big gap
in the accountability chain, up to this governing board. And so
this is intriguing to me, this fourth admin position because I
think the political leadership is the gap. If they are not in
place, if there is not continuity, then it is very difficult
for us. We can call the career folks up and we can beat on them
when we are unhappy with some failure in the system, and all
too often that is what is happening.
For example, Voc Rehab. Recently we had an oversight
hearing, and the Voc Rehab and Education Program is so
critically important, as you said, to change the narrative and
to empower our veterans, and we know the benefits. They are
quantifiable on how much more people make, and the happiness,
healthy, sort of, quality of life improvements are all
measurable.
But they are still--their case managers are still stuck in
the 1990s in terms of how they keep records and manage the
process. They are using the Big Chief notebook and the No. 2
pencil, literally. They are using paper. And when they
implemented a system recently, or as recently as a couple years
ago, they were trying to build some new fan dangled case
management system instead of just taking ones off the shelf
that are already deployed even at the VA, and working.
They wasted $12 million, and so that is an--and you know,
the people that we called here for the hearing, you know, they
weren't part of it because they--just acting as this, or they
are temporarily filling this, and you can never--you try to
wind your way around the VA to find out who is there and who is
accountable. And it is just--it is the most frustrating
experience, and it is repeated almost at every hearing,
oversight hearing that I am involved in, and I am sick of it.
I do think for accountability purposes you already have the
VBA, the National Cemetery Administration, the VHA, you already
have an Under Secretary, political leadership, but there is
this void on the VR&E.
So it seems to me, to complete this scope of responsibility
and authority at the political level, we ought to have that
Under Secretary created. It is not just for accountability,
although that would be the top of mine for me because of the
waste, is support. I am not sure that not having a seat at the
table with the Secretary, and not being able to articulate to
the Secretary the needs and the opportunities doesn't leave the
VR&E the stepchild of the VA, and I am concerned about that.
We have three people, Ms. Devlin, with all due respect, and
I know you are representing your agency's views not your own
personal, but why wouldn't this be a good thing? A budget
neutral, put a--we are spending billions upon billions more
every year to support our veterans. Why not have more control,
more oversight, more accountability, and more support for an
important area?
Maybe the longest question in the history of the VA
Committee, but Ms. Devlin, please explain why that doesn't make
sense to our three other panelists and everybody else on this
Committee.
Ms. Devlin. Chairman Arrington, thank you so much for that
question. I will make a couple of comments.
First of all, Dr. Paul Lawrence has, as you indicated, has
come onboard as our Under Secretary for Benefits, and one of
his top priorities--you heard his testimony, probably, about
his three priorities, and one of them is to ensure that we
shape the way we deliver benefits to best honor the service
that our men and women have served our country. And he has
prioritized these economic opportunity business lines.
In fact, he and I watched the VR&E hearing last week
together, and made notes on some of the issues that came up. He
is meeting with the chief information officer, the person that
is acting over IT, very immediately. He is meeting with all of
the directors over the business lines. He is meeting, in fact
today, with the education service director to get an update on
the Colmery Act because one of his main concerns coming in is,
are we on track with implementing the Colmery Act? Are there
any obstacles, or are there any hurdles that we need to
overcome, because he will be personally engaged in helping with
that.
With respect to Voc Rehab and Employment, we have dug in
and tried to understand better what the issues have been, with
being able to report accountability in that program. We do
actually have accountability measures in the VR&E program. I
can report to you what those measures are and how we are doing
should you be interested in that.
But as we look at the organizational transformation that VA
has been undertaking under this Administration, we are looking
to actually delayer and debureau--reduce the amount of
bureaucracy, not increase the amount of bureaucracy. And while
it is a flat number that is proposed in this, in this sense
that we would not grow VA but we would use the same numbers,
you have infrastructure that plays in when you build another
Under Secretary for Benefits and all that that entails. So some
of that infrastructure would come from other positions that
could have been direct-serving positions.
And then finally, I would say to you that maybe we need to
actually look at the layers of oversight that are in place now,
and maybe they are not positioned correctly. Maybe we need to
look at the split between the field operational leadership and
the business line operational--the business line leadership and
maybe those two shouldn't be separate. Maybe that is part of
the problem, is that we have that divide in how the program
oversight is conducted.
So that is one of our priorities that we are looking at,
and we don't believe that creating a whole other administration
is necessary.
Mr. Arrington. Well, nothing has worked up until now. So I
am skeptical, but I am out of time, and I want to respect my
colleague, Mr. Bilirakis, and recognize him for 5 minutes.
Mr. Bilirakis. Mr. Chairman, if you want more time--
Mr. Arrington. I will get it--I promise you--
Mr. Bilirakis [continued]. --you will get back.
Mr. Arrington [continued]. --that is the benefit of being
the--
Mr. Bilirakis. You will get back to it.
Mr. Arrington [continued]. --Chairman. I am going to get
them.
Mr. Bilirakis. You are the Chairman.
Mr. Arrington. I am going to get back to it.
Mr. Bilirakis. You are the Chairman--
Mr. Arrington. Thank you.
Mr. Bilirakis [continued]. --so all right. No problem.
Mr. Kamin, see, I know that the American Legion has
indicated their support for the TAP Bill, H.R. 5649, but I want
to get your perspective and insight on this, again, very
important bill.
How can we work with DoD to ensure that servicemembers are
able to attend the TAP whenever they want, throughout their
program, their military careers? There is language in the bill
that allows this, I understand, but how can we ensure that
servicemembers are allowed to attend the classes during their
military career, and then also if they want to attend the
classes, maybe the same classes, over again? So I think that is
so very important that they have the flexibility. If you can
answer that question, I would appreciate it.
Mr. Kamin. Yes, thank you, sir, for that question and you
are right. It is an important issue when it comes to
structuring TAP to meet the demands of the servicemember and
not the other way around.
Mr. Bilirakis. Right.
Mr. Kamin. The biggest challenge, I think, with TAP we see
is an edifice that is developing around language that often
references the military life cycle model, and that we need TAP
over the course of a life cycle for servicemembers. And while
that sounds nice, it is very tough to imagine how that impacts
the ground level soldiers, marines, and sailors who are in the
middle of theater deployments, the middle of extended training.
You have to--you will get introduced with TAP. Who is going to
do that? Are TAP counselors going to be coming--going out to
the field with them?
I have yet to see any integration when it comes to TAP
counselors and servicemembers on the ground and on the company
level. That being said, the bill does make an important step
when it comes to the one-on-one counseling.
There is a litany of evidence that suggests that mentorship
is much more, can be much more critical than just a class. A
class is passive learning. Mentorship you are engaging. So by
meeting with the TAP counselor one-on-one beforehand, they can
come to better understanding about what they--what right path
they want to take, and if they have any concerns or questions,
that can be answered before going into TAP.
I have often referenced the story about a marine who told
me that one of his--he was a company commander. One of his
marines wanted to go to college, and he was really excited. He
was going to get out in a month, and the problem was it was
February. And his commander asked him, ``Well, have you
applied?'' because usually the deadlines are around, you know,
November/December, and the marine's face turned white as a
ghost because he had no idea. And that is how servicemembers
can end up going to unscrupulous institutions who say, ``Oh, we
will enroll you. Don't worry about that. We have a rolling
admission in our for-profit school,'' and that makes it that
much more important.
We see, from the counseling side that they can get that
more in advance, so they can structure their separation plan,
in advance before that TAP class already happens.
Mr. Bilirakis. Very good. Thank you.
Ms. Augustine, please share with us why it is important
that we improve a servicemember's transition from active duty
to civilian life, and how the chairman's TAP bill, again H.R.
5649, which I strongly support, proposes key changes that will
positively impact overall outcomes for individuals separating
from the military? If you can go into some detail, I would
appreciate it.
Ms. Augustine. Absolutely. Thank you for that question.
A successful transition is important for a number of
reasons, the most important being that veterans are the
ambassadors of the all-volunteer force, and if we successfully
transition veterans into schools, into employment, into
whatever their pathway is after their military service may be,
we now have empowered individuals who are speaking to the
benefits of service. That can have prolonged impacts on the
positive ability to continue sustaining the all-volunteer
force.
It also--it fulfills our obligation to those who serve to
make sure that because of their service, we afford them the
opportunity for an education, employment, pathways that speak
to the level of importance of their service. Those two are
probably the most important reasons why we support the TAP bill
and want to see the TAP program continue to be strengthened and
improved.
Mr. Bilirakis. Okay. Very good. And I wouldn't mind meeting
with you in my office to get some further suggestions on how we
can improve it, because this is something that is very
important to me and to my constituents. And I have a veteran's
advisory group and we have been working on this issue for the
last year. So please don't hesitate to come and see me, please.
Thank you.
Ms. Augustine. I will do, sir. Thank you.
Mr. Bilirakis. Thank you. And I yield back,
Mr. Chairman.
Mr. Arrington. Thank you, Mr. Bilirakis, and I appreciate
all the groundwork that you laid in advance of this TAP reform
legislation. It has made it all the more efficient to move
through the process to get to where it is today. I am very
proud of it because I really--you know, it is very much a, sort
of, west Texas principle that, you know, you wouldn't ask
something from somebody, especially something so great as to be
willing to sacrifice your life on the front end, and make sure
that they had the support to do what you are asking them on the
front end, and then, just kind of, when they are--when you have
gotten what you want out them, what you needed out them, you
just kind of, ``Thanks,'' and send them off along their way. I
think that is not just a west Texas principle. That is not
American.
That is not--that is just--as my BLAW professor used to say
at Texas Tech, ``That ain't right.'' The ``Ain't Right'' meter
is way over here on that one, and so let's--and I am not under
any illusion that this is the silver bullet, you know, that
will solve all the problems that our veterans face when they
return home, with respect to incarceration, and unemployment,
and suicide, and addiction. But to get at those things earlier,
to have a profile after an assessment that is meaningful, it is
real assessment.
And we do it, again, early enough that we can begin to wrap
around the services that--and support that they need. Not a
``One size fits all,'' but as we have attempted to do, have
individualized plans, and identify those who are the highest
risk. We know what presents as the highest risk of veterans, or
servicemembers, transitioning. Let's get ahead of it.
Let's care as much about them at that transition stage, as
we do when we are transitioning them as warriors, from citizen
to warrior. Now, from warrior to citizen, and leverage all
those awesome new skills and training that they have so they
would be even better than they would have been, had they not
had that experience in their communities and in the workforce.
So obviously, I have--it has taken me a year,
Mr. Bilirakis, but I have finally found the thing that I
think will make the greatest difference in my tenure. If I am
chair for just one congress, this is that thing. I think that
9/11--post-9/11 GI bill is working wonderfully. I mean, we can
always make tweaks to it, but I mean, the Home Loan Program, I
mean, it works well. This needed vast improvement. I think we
have created some vast or structural transformational
improvements.
Now, I understand, Ms. Devlin, and I really enjoyed working
with you, by the way. That is how I soften you up before I hit
you with this question. And I, sincerely I did. I mean, we did
this together, did we not? We got everybody around the table.
We got all the stakeholders, and we walked through this
together. Nobody--we didn't do this top down to anybody. We did
it with you and the Labor Department, and Defense, et cetera.
But you have said in your testimony that the VA has already
been working on these improvements that I have mentioned and
there are others. How long have you been working on that? I
must say, one of the oft quoted responses to this Committee,
since I have been here is, ``We are working on it. We are
studying it. We are assessing it.'' And I have very little
confidence, not because of you but because of the bureaucracy
over there, that that study, and assessment, and ``We are
working on it,'' ever results in any tangible action.
Well, I want action. Veterans want action. They need
action. So tell me how long have you been working on this, and
do you really think you are going to do anything unless we
codify this and memorialize some of the things you are doing in
this piece of legislation?
Ms. Devlin. Thank you. I am happy to address your question.
This has been years in the making. As you know, I have been
involved in the Transition Assistance Program for just a little
over a year, and one of the things that I discovered coming
into my new role a little over a year ago was that while we
were talking about a military life cycle, VA had actually not
implemented any military life cycle modules yet. And while we
were talking about doing a post-transition survey of veterans,
we had not actually implemented a survey.
So one of my main priorities when I got into that job was
to carry those things through. I am happy to report that the
survey instrument is ready for deployment pending OMB's
approval. It has gone through the 60-day Federal Register
notice and the 30--it is in the 30-day comment period right
now, which ends the end of this month. So subject to OMB's
review and approval of the survey, we will be ready to deploy
the survey.
And that is important because we--one of the things I
realized early on, I talked to veterans, right, recently
transitioned veterans about their problems, their issues, their
concerns, but one of the things I realized is when I talked to
servicemembers who were approaching transition, they had
absolutely no idea what they were about to embark on with their
transition. They had no real expectations of what this process
was going to be like.
So when we revamped our VA portion of the Transition
Assistance Program course, we emphasized, ``Here is what the
transition means for you. Here are the decisions you need to
make, the actions you will need to take for a successful
transition.'' And we did that based on feedback that we got
anecdotally from servicemembers or veterans, but what we need
is real feedback.
We need these survey results so that we can actually take a
veteran who has recently transitioned and ask them questions
such as, ``What is your current situation with respect to
employment? Your finances? Your family situation? Your
health?'' A very holistic view, and also, asking them to
reflect back. ``Now, reflect back on your Transition Program
experience. Did those things help you? And if you had to change
something, what would you tell us we should change?''
So we are moving forward on that, on the military life
cycle models. We have a program designed to teach the
servicemember about community resources, and that is on target
to be ready for deployment to the DoD, in collaboration with
DoD and DOL, by December of this year.
Mr. Arrington. How long has the TAP program been in
existence?
Ms. Devlin. In its earliest form, it was in the early
1990s. I believe it was 1991 where it was optional.
Mr. Arrington. Okay.
Ms. Devlin. But in 2011, the VOW Act made it mandatory, and
that is really the program that you see today, which was
implemented in its full capacity around 2013, 2014. And that is
the mandatory five-day program with the auditional tracks that
you see today. So it is pretty recent.
Mr. Arrington. So 2011 to '18. Several years, and we
haven't had an evaluation instrument to say if this is working
or not. We are spending hundreds of millions of dollars. I
don't know exactly. How much do we spend on TAP exactly? I have
that somewhere, but just roughly?
Ms. Devlin. Well, given that it is multiple agencies, I
couldn't answer that for you in full.
Mr. Arrington. How much does the VA spend on it?
Ms. Devlin. Could I get back to you--
Mr. Arrington. Yeah.
Ms. Devlin [continued]. --for the record? I don't--
Mr. Arrington. I have looked at it.
Ms. Devlin [continued]. --want to give you an inaccurate
number.
Mr. Arrington. It is--
Ms. Devlin. I don't want to give you a ballpark number and
have it be wrong.
Mr. Arrington. Let me just be--it is hundreds of millions
of dollars.
Ms. Devlin. It is multi-million dollar, yes.
Mr. Arrington. Okay. Multi-hundred million--
Ms. Devlin. Yes.
Mr. Arrington [continued]. --dollars that we spend.
Ms. Devlin. It is.
Mr. Arrington. And we have been doing this for several
years and we still don't know--I got to tell you, again, it is
the bane of my existence on this Committee to have programs
that feel good, seem right, and if done well, produce higher
salaries for people who go through that than who don't, et
cetera. But I want to trace it back to whether that program
actually had that effect, and what part of that program--and I
know you do, too. But the reason we are going to do this is
because we have had several years to have such an instrument.
I am not blaming you. I know you just got there and so this
is about the VA, but the reason why I am so strong about making
these changes now is because with my experience, I don't know
if you are going to be there next year. And if they have been
doing this for several years, and if people, you know, come in
and out of these jobs because I think continuity is a real
problem, then I am going to plow forward with you and your
input, and there is a lot of room for making necessary
decisions where there is great latitude by you and your
colleagues at the VA.
So we frame it, but you are going to have to build it, and
we are going to have to count on you guys and trust you all to
build it well. I just want to be clear. I have only been here
for a year, and I have got earlier transition--and I want you
to make note of this because I want your response. Earlier
transition engagement with the veteran. Okay? Earlier
engagement in the process. Not just 90 days out. Let's assess
them, and let's include a more comprehensive assessment.
Maybe the problem isn't the skill sets. Maybe they have
PTSD. Maybe they have something in the way of mental health
that has to be addressed before they can ever get there. So it
doesn't matter how much--they could get a Ph.D., it won't
matter. They could have the greatest training, it won't matter.
So let's have a more comprehensive assessment. Let's have
individualized plans. Let's have a better curricula for them,
and more focused, and targeted on their specific needs. Let's
connect them to the community, to community organizations that
do a great job, not only giving them the support and services
but just--because they are on ground zero with them at home.
And that is a community that they can connect with. There is
great psychological, not just practical, advantages. And then,
measure the results, as you talked about with that evaluation.
Is there anything that I just articulated in the way of the
framework for this TAP reform that you disagree with? I mean,
in principle?
Ms. Devlin. No, sir. In principle, I agree with everything
that you have said. As a rehabilitation counselor by training,
early intervention is critical. Individualized care and
planning is critical to the individual. A comprehensive
approach to a holistic life transition is very critical.
Those--in principle--
Mr. Arrington. Well, thank you.
Ms. Devlin [continued]. --yes, all those things are
correct.
Mr. Arrington. Well, I must say, we wouldn't have come up
with this without your input, and I want to make note of that,
but I also want to make note that it has been several years. I
have been here a year, and we are ready to take action on this.
Again, that is not because of me, but it is because I am not
going to wait and study this more, and the veterans don't want
to wait. They deserve better, and I do appreciate all your
help.
Now, Mr. Kamin, why don't you comment on TAP? I mean, we
have included veterans' organizations in this. How do you rank
TAP as a way to get at some of these challenges that our
veterans face when they come back, and has it been working
well? Do you think we need to reform it like we are reforming
it? What are we missing? What would you like to reiterate or
emphasize that you have heard today?
Mr. Kamin. Well, I think there are two things that, kind
of, stand out to me on TAP that I would look at for future
changes or maybe stuff to consider moving forward.
Mr. Arrington. Yeah.
Mr. Kamin. Number one is the influence of IT and high tech
on this, and where that could fit in with the greater system.
When we have brought up the idea of making TAP online, that
is--there is a right way and an absolutely wrong way, and I
feel like the trend now is towards the wrong way, which is a
module online where you put your CAT card in your computer, and
tap your course the way you would do with e-learning. And then
you are done, then it is gone.
And the second way is putting it to your hands. A push to
TAP options that could meet--so when you do--when it does hit
you that, ``Oh, no. This is coming up. What am I going to do
for my resume, that TAP is right at your fingertips?
And I think that the proper investment to that is going to
make a long-term difference because ultimately, we have a very
short ceiling when it comes to TAP, where we can count on the
majority of people attending that class to maybe not be there
entirely, for their attention span, because they have other
things on their mind. That has always been the trend in TAP.
So we work to hone that like you would a diamond, to make
sure it is as perfect as possible because we know that they are
not going to be fully engaged and finding ways to draw that out
is important.
The other thing I would say is that one of the areas that I
think has been missing on TAP is there is the stress that comes
in transition for financial and for economic opportunity, but
there is also a little bit of a stress on the soul itself,
where you lose your sense of purpose, and ``What am I going to
do afterwards? I am not feeling the sense of value that I was
when I was in charge of a squad or team.''
And rediscovering that is a crucial part of every single
veteran's transition. And I think the best way that TAP can
incorporate that is with VSOs, to let them know, ``Welcome
home. You are not alone,'' and re-engaging them in the
community through peer-to-peer mentorship the way that Legion
posts do, the way that SVA chapters do, is a critical part of
this for them to go into the civilian world and rediscover
their sense of purpose and community engagement.
Mr. Arrington. That is very well said, and
Ms. Devlin, we have talked about that last point. I think
that is a great point.
So let's keep working to make improvements, and the ink
isn't dry. I am open. I just want to make it as effective and
meaningful as we can, and then we will keep hammering away as
we implement the evaluation. We will actually know what parts
are working and what--by listening to the customer, right? Not
because I have the great idea or because you do. It is because
the customer will tell us, and that customer is our veteran.
Ms. Augustine, any comments about TAP and how we can, you
know, are we on the mark here? Are we missing something we
should include?
Ms. Augustine. Yes, sir.
I will point to three things. First being, SVA views TAP as
the capstone of your transition experience, not the starting
point. So to your point about we should be transitioning
earlier, or allowing that transition to start earlier is
something that we wholeheartedly agree with.
The second being that, sort of, good business practices to
double down on your successes. And right now, we are seeing
veterans in higher education succeeding greatly. We are also
seeing employment numbers continue to drop for veterans. So
doubling down on the work of TAP and making sure that we are
giving the equipment, and the curriculum, and the tools that
TAP needs to continue driving that success is vitally important
to, not just veterans, but to the American economy.
And then the third, I would like to build on what my
colleague was saying about well-being being an often-overlooked
aspect of TAP that I think we, as a larger community, have
started to examine and really focus on what we can do to build
that. And I think that in this bill, the commitment to grow, a
connection with community programs is a solid solution to that
answer.
So thank you for providing this bill. We look forward to
working with you on it as well.
Mr. Arrington. You know, you mentioned something, and so
did Mr. Kamin, about these veterans. You know, Bill Mulder
whose namesake that we have honored here with this reform, the
guy I went to high school with. You know, this is probably not
politically correct, but we used to say he was such a stud. I
mean, he played football. He was tough, and he was fun, and he
was beloved by all. He was, kind of like a, almost a hero even
at that stage.
I mean, you just knew he was going to do something great,
and when I found out he was a Navy Seal, I thought, ``My God.
America is safer today because Bill Mulder is protecting us.''
And I thought, ``Boy, if we have--if Navy Seals are made up of
a bunch of Bill Mulders, I would--I pity the enemy on the other
side.''
I was very blessed to talk to him as I was transitioning
into my role, in my new role as a Member of Congress. And--
because I was trying to connect with another Navy Seal, Scott
Taylor, who is my colleague and a new Member, and Bill was so
gracious to connect me. But you know, he was on his way out,
and this is what he was--it seemed like what he was born,
certainly trained, to do, and he did it well.
And according to his colleagues and to all the ways he was
honored in the military, and decorated as such, he did it as
well as anybody has ever done it. And then he was thinking
about coming back into civilian life because he was forced to
think about those things, and it just--I just couldn't imagine,
but I could sense, you know, what does a guy do who is a
warrior who does that for his entire career, and is a leader
among the warriors, and then he is plopped back into just the
everyday life of a civilian? That is just really difficult.
And again, whether it is the physical wear and tear, or the
mental and emotional, you just can't stick them back in like
that without some of the things that we are trying to so. So I
don't know why I tell you that except that, you know, he is on
my mind, and I pray that this is a big step to helping Bill
Mulders out there who are in that transition phase.
Anything, Ms. Burgess, you want to comment on? I know your
focus has been more on that fourth admin. I think you get
programs that we make the right investment in, that we define
success and measure it, and then put accountability? Now, you
might have a shot at actually serving the customer. What are
your thoughts?
Ms. Burgess. Mr. Chairman, I absolutely believe so.
I also think that the fourth administration, along with the
TAPS legislation, are actually two parts of a really excellent,
really powerful punch because they are showing that there is
this way towards transition, and then it will help actually
focus on those transition elements.
Also, to just the point of the identity. This is the
question I think everyone has been circling around today, and
the question of identity is just as powerful and needing to be
formed once you go out of the service as when you enter. And
civil society itself is weaker today.
You know, the Robert Putnam's of the world have all the
information on that, and so we do need to enforce and almost
put a little bit more into the path of veterans, all of the
different elements that they can take. So that if it is like a
St. Lawrence Seaway, we are not emptying in the water in the
lochs. We are actually filling that--the water so that the
ships can move forward.
So thank you, very much.
Mr. Arrington. Can you imagine--and we won't ever get
there, probably, but can you imagine if we spent the time and
resources that we do on the front-end training them on the
back-end to, sort of, refocus them? Can you imagine what our
society would be with these returning warriors who are
acclimated and prepared to reintegrate, and what they would
contribute to young people in their communities, in the
churches, at schools? Can you even--I mean, that is pretty
powerful to me.
I hope we get it right. I think we have gotten a lot right.
Let's keep working together, and let's keep perfecting it even
beyond the implementation. Okay?
Ms. Devlin, again, I want to thank you for your candor and
your contribution to the process, along with your other
colleagues at the VA, DOL, and Defense, and let's go forth and
do really good things for our veterans. How about it? Okay. I
think I have to read something here. Can I just skip to this?
Okay.
I ask unanimous consent that written statements from the
U.S. Department of Defense, U.S. Department of Justice, Tragedy
Assistance Program for Survivors, and Paralyzed Veterans of
America being submitted into the hearing record. Without
objection, so ordered.
Finally, I ask unanimous consent that all Members have five
legislative days to revise and extend their remarks, and
include extraneous material on any of the bills under
consideration this morning.
Without objection, so ordered.
I hope you all have a nice Memorial Day, and we are
adjourned.
[Whereupon, at 11:21 a.m., the Subcommittee was adjourned.]
A P P E N D I X
----------
Prepared Statement of The Honorable Julia Brownley
Chairman Arrington, Ranking Member O'Rourke, and Members of the
Subcommittee, thank you for the opportunity to testify today in support
of my bill,
H.R. 5452, the Reduce Unemployment for Veterans of All Ages Act.
I appreciate the Subcommittee's commitment to improving the VA's
various veteran employment programs, including the Transition
Assistance Program and the Vocational Rehabilitation Program. These
programs provide the wraparound support, education, and services that
help veterans get and keep meaningful work after their service. As a
proud member of this Committee, and a co-chair of the Reinvesting in
Our Returning Heroes Task Force, I share that same mission.
My bill today makes one simple but powerful change to the VA's
Vocational Rehabilitation and Employment Program (VR&E), also known as
Chapter 31.
As you know, the VA currently runs the Chapter 31 program to help
veterans obtain employment and achieve maximum independence through job
training, employment accommodations, resume development, and job
seeking skills coaching. In Fiscal Year 2016, nearly 30,000 veterans
developed a new plan of service through Vocational Rehabilitation, and
11,500 veterans secured and maintained suitable employment, or
completed an independent living program.
Eligibility for this program however, expires 12 years after
separating from military service. Not all veterans with service-
connected disabilities are aware of their possible eligibility when
separating from their service. And some may not need VR&E until later
in their career. According to DAV Resolution No. 250: ``not all
disabled veterans are under the impression that they need vocational
rehabilitation until later, after the current 12-year rule excludes
them from the benefit that they need and would otherwise have been
entitled to.''
The fact is, we need to address veteran unemployment at all ages,
and ensure America's heroes have the support they need in the 21st
Century economy.
Currently 60% of unemployed veterans (more than 270,000 former
servicemembers) are over the age of 45. Older veterans have outstanding
experience and technical skills, and we need to do more to help these
veterans succeed in the labor market. This unfair cap on Chapter 31
harms the ability of older veterans to access employment services.
The Reduce Unemployment for Veterans of All Ages Act would lift
this arbitrary limit and ensure veterans get the support they have
earned and deserve. Like the Program of Comprehensive Assistance for
Family Caregivers (Caregiver Program), this arbitrary cap forces the VA
to treat two veterans, who have the same service- connected disability,
differently, simply because of how long ago they served. We worked in a
bipartisan way to fix that unfairness in the Caregiver Program, and we
should do the same with Chapter 31.
H.R. 5452 is supported by the VSOs as a common-sense solution to
simplify the program and help get more veterans back to work. I thank
the Chairman and Ranking Member for holding this hearing, I look
forward to working with you to advance this bill, and am happy to
answer any questions.
Prepared Statement of Congresswoman Cheri Bustos
H.R. 5882, the Gold Star Spouses Leasing Relief Act
Thank you, Chairman Arrington and Ranking Member O'Rourke, for
allowing me to testify today.
I am here to speak in support of my bipartisan legislation, the
Gold Star Spouses Leasing Relief Act, which would provide additional
support for the widows and widowers of our fallen heroes by allowing
them to terminate residential leases without penalty in the wake of the
servicemember's death.
This issue first came to my attention when I met a Gold Star
spouse, Kylie Riney, of Farmington, Illinois. Kylie's life was forever
changed on October 19, 2016, when her husband, Sgt. Douglas Riney,
tragically died defending our freedoms in Kabul, Afghanistan.
Kylie and her two young children, James and Elea, were living in
Texas at the time, where Sgt. Riney had been assigned to the 3rd
Cavalry Regiment at Fort Hood. They moved there before his first of two
deployments in support of Operation Freedom's Sentinel.
After her husband's death, Kylie chose to move back to their home
state of Illinois to be surrounded by family as they mourned this
inconceivable loss. But in the wake of this tragedy, their landlord
refused to allow Kylie to terminate the lease she and her husband had
signed.
The families of our fallen heroes have already sacrificed far too
much, and we should do everything in our power to ensure grieving
spouses receive the support they need without having to jump through
any more hoops. For this reason, I was proud to introduce H.R. 5882,
the Gold Star Spouses Lease Relief Act with Congressman Brad Wenstrup,
an Army Reserve officer and Iraq War veteran, as my co-sponsor.
Currently, the Servicemembers Civil Relief Act (SCRA) protects
servicemembers from lease termination fees when they deploy or receive
a permanent change of station. Our legislation narrowly extends that
law's residential leasing protections to apply to the surviving spouses
of servicemembers who are killed while serving.
Spouses of servicemembers are already protected under several
sections of the SCRA, including those pertaining to land rights, tax
treatment and voter registration. This narrow addition does not
introduce any new categories or definitions to the SCRA and would only
apply to residential leases to which the servicemember was a party.
State legislators introduced similar legislation in the Illinois
General Assembly, where it passed the House and Senate unanimously and
is currently awaiting the Governor's signature. But, since so many of
our military families cross state lines to serve, we need federal
legislation to ensure that all Gold Star spouses are protected.
I can't think of anything worse than taking advantage of a grieving
widow whose spouse made the ultimate sacrifice for our country. I hope
we can pass this common sense legislation to ensure this does not
happen again.
Thank you, Chairman Arrington and Ranking Member O'Rourke for your
consideration.
Prepared Statement of Margarita Devlin
Good morning, Mr. Chairman, Ranking Member O'Rourke, and other
Members of the Subcommittee. I am pleased to be here today to provide
the views of the Department of Veterans Affairs (VA) on pending
legislation, including H.R. 2409, H.R. 5452, H.R. 5538, H.R. 5644, H.R.
5649 and a bill authorizing lease termination under the Servicemembers
Civil Relief Act.
H.R. 2409
H.R. 2409 would amend section 305A of the Servicemembers Civil
Relief Act (50 U.S.C. Sec. 3956) to authorize Servicemembers to
terminate their cable, satellite television, and Internet access
service contracts while deployed, in addition to the current
authorization for termination of telephone or mobile phone service.
VA defers to the Department of Defense (DoD) and/or Department of
Justice (DOJ), as the subject matter of this bill is outside of VA's
responsibilities and jurisdiction and has no impact on or cost for VA.
H.R. 5452
H.R. 5452, the Reduce Unemployment for Veterans of All Ages Act of
2018, would eliminate the eligibility termination date (ETD) for access
to Vocational Rehabilitation and Employment (VR&E) benefits and
services by repealing 38 U.S.C. Sec. 3103.
While VA supports the objective of this proposal, which is designed
to reduce unemployment for Veterans of all ages, VA does not support
this bill because we do not consider it necessary. Currently 38 U.S.C.
Sec. 3103(a) requires that VR&E benefits and services must be utilized
within 12 years of a Veteran being discharged or released from active
service. The last day of this 12-year period is referred to as the ETD.
However, section 3103 and VA regulations (38 C.F.R. Sec. Sec. 21.42
through 21.46) authorize the extension of the ETD for Veterans for a
variety of reasons, e.g., a medical condition prohibited participation,
character of discharge was a bar to benefits, a compensable service-
connected disability rating was not established, to allow the Veteran
to achieve goals of independent living services, and recall to active
duty service prohibited participation.
In addition, the ETD may be waived, as needed, for Veterans who are
determined to have a serious employment handicap (SEH) to ensure
rehabilitation. Data for the period fiscal year (FY) 2014 to present
indicates that, on average, 76% of VR&E participants have an SEH
determination. Lastly, recent data for FY 2017 indicate that
approximately 86% percent of VR&E applicants apply for VR&E benefits
and services within the ETD period.
Benefit costs or savings that would be associated with this bill
have not yet been determined.
H.R. 5538
H.R. 5538 proposes to amend 38 U.S.C. Sec. 3105 to provide for the
inclusion of certain additional periods of active duty service for
purposes of suspending charges to Veteran's entitlement to VA
educational assistance during periods of suspended participation in
VR&E programs.
The bill would amend 38 U.S.C. Sec. 3105(e)(2) to include
Servicemembers ordered to active duty pursuant to 10 U.S.C. Sec. Sec.
12304a and 12304b, which allow for the involuntary activation of
certain members of the Reserve Component (RC). The inclusion of these
authorities ensures that when participation in a VR&E program is
suspended due to activation, the Veteran's entitlement period is not
reduced, nor is this period counted toward the aggregate 48-month
period for entitlement to all VA educational assistance programs, as
governed by 38 U.S.C. Sec. 3695.
VA does not interpret current section 3105(e)(2) to include 10
U.S.C. Sec. 12304a or Sec. 12304b. Current section 3105(e)(2) relates
to the charge against entitlement for the payment of subsistence
allowance to Veterans who had to discontinue participation in a VR&E
program because they were called to active duty under 10 U.S.C. Sec.
12304 (but not under 10 U.S.C. Sec. 12304a or Sec. 12304b).
VA supports this bill, which would ensure that members of the RC
who are involuntarily activated under the authority of 10 U.S.C.
Sec. Sec. 12304a or 12304b receive the same benefits and protections
as other individuals who are involuntarily activated.
No mandatory or benefits costs would be associated with the draft
bill.
H.R. 5644
H.R. 5644 would establish in VA the Veterans Economic Opportunity
and Transition Administration (VEOTA) to administer programs that
provide assistance related to economic opportunity for Veterans and
their dependents and survivors. VEOTA would be responsible for the
following VA programs: vocational rehabilitation and employment;
educational assistance; Veterans' housing loans and related programs;
verification of small businesses owned and controlled by Veterans,
including the administration of the database of Veteran-owned
businesses; Transition Assistance Program; and any other programs
determined appropriate by VA.
The effective date of this draft bill, if enacted, would be October
1, 2019. For FY 2019 and FY 2020, the number of full-time equivalent
employees authorized for the Veterans Benefits Administration (VBA) and
the new administration would not be allowed to exceed 22,791.
While VA appreciates the Committee's focus on improving services
and resources offered by these programs, we do not support this bill.
The current VBA structure appropriately reflects the Under Secretary
for Benefits' overall responsibility for Veterans benefit programs that
include programs related to economic opportunity and transition, as
well as compensation, pension, survivors' benefits, and insurance.
The service delivery of Veterans benefit programs related to
economic opportunity has continued to improve year after year under the
leadership of the Under Secretary for Benefits. There was a 33%
increase in the number of VR&E Chapter 31 applicants from FY 2013 to FY
2017, with a corresponding increase of 17% in VR&E Chapter 31
participants. VR&E processed 107,200 Chapter 31 claims for entitlement
in an average of 54 days in FY 2017. While most Veterans are in the
program on average five or more years, in FY 2017 VR&E counselors
achieved over 15,000 positive outcomes, to include successfully
assisting over 12,000 Veterans in the achievement of their
rehabilitation goals, with a 6.5% increase in employment
rehabilitations from FY 2016.
VA has paid over $86 billion in Post-9/11 GI Bill benefits to over
1.9 million individuals to date since the program's inception in 2009.
Since the beginning of FY 2018, VA Education Service has processed
original claims in an average of 21 days, below the 28-day goal, and
processed supplemental claims in an average of 12 days, below the 14-
day goal.
The Home Loan Guaranty program has over 3 million VA home loans on
the books and has guaranteed record-breaking numbers of loans for the
past three consecutive years, guaranteeing more than 740,000 in FY 2017
alone, which is almost 2,700 loans each business day. Additionally,
VA's foreclosure and seriously delinquent inventories have led the
industry for the past 40 quarters straight at an average .89 percent
and 2.22 percent, respectively.
The Office of Small and Disadvantaged Business Utilization (OSDBU)
currently reports directly to the Secretary or Deputy Secretary.
OSDBU's mission is to advocate for the maximum practicable
participation of small, small-disadvantaged, Veteran-owned, women-
owned, and Historically Underutilized Business Zone businesses in
contracts awarded by VA and in subcontracts awarded by VA's prime
contractors. This bill would move OSDBU's Center for Verification and
Evaluation (CVE) program to the new administration. CVE administers the
verification program required for service-disabled Veteran-owned small
businesses and Veteran-owned small businesses and maintains the Vendor
Information Pages database. There is some concern that moving this
major aspect of the program from OSDBU to a new administration may
result in a redundancy of efforts.
Furthermore, VA is in the process of modernizing the entire
organization. In order to achieve modernization, the Secretary
recognized that the Department must fundamentally change the way it
operates. This requires the delayering of oversight offices and
concentrating resources in front-line Veteran-facing and Veteran-
serving positions. The addition of another administration would
increase oversight for programs that are currently in place, contrary
to the modernization efforts that are underway. Maintaining a constant
staffing level would mean the new employee requirements for oversight
and administration would come at the expense of front-line Veteran-
facing and Veteran-serving positions.
Section 3(a) of the bill would add a new section 306A titled
``Under Secretary for Veterans Economic Opportunity and Transition'' to
title 38, United States Code. New section 306A(a) would make the Under
Secretary for Veterans Economic Opportunity and Transition a
Presidential appointee position, requiring the advice and consent of
the Senate. The Under Secretary would be appointed without regard to
political affiliation and solely based on demonstrated ability in
information technology and the administration of programs within VEOTA
or similar programs.
New section 306A(b) would state that the Under Secretary for
Veterans Economic Opportunity and Transition is directly responsible to
the Secretary of Veterans Affairs for the operations of VEOTA.
New section 306A(c) would state that the Secretary of Veterans
Affairs shall establish a commission to recommend individuals to the
President for appointment to the position when a vacancy arises. The
commission would recommend to the Secretary at least three individuals
for appointment to the position. The Secretary would forward the
recommendations to the President and the Committees on Veterans'
Affairs of the Senate and House of Representatives with any comments.
The Assistant Secretary or Deputy Assistant Secretary of Veterans
Affairs who performs personnel management and labor relations functions
would serve as the executive secretary of the commission.
No mandatory costs would be associated with the bill. While there
would be no benefit costs associated with the bill, the appropriation
language for the Readjustment Benefits account and the Credit Reform
account would have to change to reflect the title of the new
administration.
H.R. 5649
H.R. 5649 would seek to improve transition assistance to
Servicemembers and Veterans under the Transition Assistance Program
(TAP) through improved private-public partnership, authorization of
studies, and other changes.
VA appreciates the Subcommittee's interest in TAP and shares its
desire to make sure that the program serves as many transitioning
Servicemembers as possible, in the most effective way possible. To that
end, the TAP interagency team currently has several interagency
evaluations under way. These studies will provide us with the
information needed to make evidence-based decisions as to what
improvements should be made, and how best to make them. While we
believe that legislation to mandate additional evaluations is premature
at this time, we look forward to working with the Congress to improve
TAP once we have completed these evaluations already in progress.
Sections 101 and 102 of the bill would focus on the contents of TAP
to improve the individualization of and access to TAP and transition
resources for Servicemembers. The bill would direct DoD, the Department
of Labor (DOL), and VA to establish at least three individualized
pathways to TAP for Servicemembers based on potential risk factors for
Servicemembers' unsuccessful transition. The risk factors listed in the
legislation include rank and type of separation from service, among
others. Servicemembers would also be provided with a curated list of
community resources to assist in establishing community and social
connections. VA believes that Servicemembers would benefit from
individualized transition planning based on their unique risk factors.
Participation in training on employment preparation, education,
vocational training or entrepreneurship would increase the chances of
success for transitioning Servicemembers and better prepare them for
effective transition and reintegration.
Title II would provide additional authorities that would help
improve the effectiveness of TAP. Section 201 of the bill would mandate
access to the National Directory of New Hires for VA and DOL. This
access would allow the Departments to better track employment outcomes
of transitioned Servicemembers and understand the effectiveness of TAP.
Section 202 would reauthorize DOL's pilot program for off-base
transition training for Veterans who have already transitioned and
their spouses. VA defers to DOL with respect to this section of the
bill. Section 203 would authorize VA to make grants to eligible
organizations to assist transitioned Servicemembers and their spouses.
DOL and VA note that grant programs related to employment are generally
under the purview of the Secretary of Labor, therefore placement at DOL
would be most appropriate. This would help to ensure that services are
complementary and not duplicative of those available through the
workforce system.
Finally, sections 204, 205, and 206 would mandate three studies of
TAP. Section 204 would require a study of community programs providing
transition services, section 205 would require a one-year independent
assessment of TAP, and section 206 would require a five-year
longitudinal study. VA has already begun development of a post-
transition longitudinal study which will survey Veterans over time to
gain detailed information about their outcomes and their evaluations of
how the TAP program helped them to prepare for the transition to
civilian life.
VA does not anticipate any additional costs to implement sections
101, 102, and 204. For section 205, VA anticipates a cost of $2.2
million in FY 2019. For section 206 VA anticipates a cost of $3.1
million over five years.
Draft Lease Termination Bill
The draft bill would amend section 305(a) of the Servicemembers
Civil Relief Act (50 U.S.C Sec. 3955) to authorize a surviving spouse
to terminate a contract to lease a residence when the Servicemember-
lessee dies while in military service. VA defers to DoD and/or DOJ on
this bill.
This concludes my testimony. We appreciate the opportunity to
present our views on these bills and look forward to answering any
questions the Committee may have.
Prepared Statement of John Kamin
Chairman Arrington, Ranking Member O'Rourke, and distinguished
members of the Subcommittee, on behalf of National Commander Denise
Rohan and the 2 million members of The American Legion, the country's
largest patriotic wartime veterans service organization, we thank you
for the opportunity to testify on the following pending and draft
legislation.
H.R. 2409
To allow servicemembers to terminate their cable, satellite
television, and Internet access service contracts while deployed.
The American Legion has been the leading veterans' advocacy
organization since its inception in 1919. For example, such advocacy
resulted in the creation and full passage of the Servicemembers Civil
Relief Act (SCRA) and the original GI Bill. Over the past few decades,
the SCRA has been updated by the United States Congress to reflect
societal changes.
H.R. 2409 would amend the SCRA to allow a servicemember the ability
to terminate a cellular telephone service, telephone exchange service,
internet service, or multichannel video programming service contract.
The servicemember may at any time after the date they receive military
orders to relocate for at least 90 days to a location that does not
support such a service to terminate their contract.
The American Legion supports extending these additional protections
to servicemembers to protect them while they are deployed. Early
termination of contracts related to internet access, satellite
television, and cable television can range between $100-$250, resulting
in unnecessary, unintended, and expensive costs incurred by
servicemembers who are obeying duly authorized orders. Such costs often
coincide with negative credit reports which further increases
difficulties for the servicemember, ultimately negatively impacting
their ability to perform his or her duty. Beyond the immediate
implications, the future ability of the individual or family to realize
the American dream and own a home is jeopardized by the resulting
punitive credit rates.
Resolution No. 342, Support and Strengthen the Servicemembers Civil
Relief Act (SCRA) urges Congress to amend the SCRA to increase
protections for members of the armed forces, and their families, acting
under duly authorized orders. These protections should apply, but not
be limited, to servicemembers on deployment and temporary duty
assignment orders. Congress should also increase protections against
fees, fines and the resulting negative credit reporting due to early
terminations.1A\1\
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\1\ American Legion Resolution No. 342 (2016): Support and
Strengthen the Servicemembers Civil Relief Act (SCRA)
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The American Legion supports passage of H.R. 2409
H.R. 5452
To amend title 38, United States Code, to extend the eligibility
period for veterans to enroll in certain vocational rehabilitation
programs.
In the aftermath of Operation Iraqi Freedom and Operation Enduring
Freedom deployments, the number of servicemembers, National Guard
members, and Reservists who separate from active duty with service-
connected disabilities has risen. The Department of Veterans Affairs'
(VA) Vocational Rehabilitation and Employment (VR&E) Program provides
comprehensive services and assistance to veterans with service-
connected disabilities and employment handicaps enabling them to
achieve maximum independence in daily living, to become employable, and
to obtain and maintain suitable employment.
However, the basic period of eligibility for VR&E benefits is
limited to 12 years from the date of separation from the military or
the date the veteran was first notified by the VA of a service-
connected disability rating. This bill would eliminate the 12 year
limitation to participate in the program, therefore extending
opportunities and resources to veterans. Based on American Legion case
studies, several years ago The American Legion passed a resolution
calling on Congress to lift the delimiting date for participation in
the program. We have found that many servicemembers and veterans do not
understand their eligibility for VR&E services and the benefits of the
program until later in life when they become disabled to the extent
that their disabilities create an employment barrier.
Resolution No. 336: Support Legislation that Would Change the 12-
Year Delimiting Date for Eligibility to Chapter 31 Benefits supports
eliminating the 12-year expiration date for chapter 31 benefits. \2\
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\2\ American Legion Resolution No. 336: Support Legislation that
Would Change the 12-Year Delimiting Date for Eligibility to Chapter 31
Benefits
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The American Legion supports H.R. 5452.
H.R. 5538
To amend title 38, United States Code, to provide for the inclusion
of certain additional periods of active duty service for purposes of
suspending charges to veterans' entitlement to educational assistance
under the laws administered by the Secretary of Veterans Affairs during
periods of suspended participation in vocational rehabilitation
programs.
Under current law, the Department of Defense can authorize the
involuntary activation of up to 60,000 troops for up to a year to
support preplanned operations of a combatant commander per 12304b
authority. However, Reservists involuntarily mobilized under this law
do not accrue service time to become eligible for all benefits. While
the Harry W. Colmery Veterans Education Improvement Act of 2017
corrected this inequity for education benefits, vocational
rehabilitation benefits still faced the potential to be disrupted by
12304b activations. This bill would extend vocational rehabilitation
services, including career and academic guidance on using Department of
Veterans Affairs benefits to achieve career goals, to all
servicemembers who deploy for preplanned missions under 12304b orders.
Resolution No. 20: GI Bill Fairness for Wounded Servicemembers and
Activated National Guard and Reservists supports providing benefits to
servicemembers activated under 12304b orders. \3\
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\3\ American Legion Resolution No. 20: GI Bill Fairness for Wounded
Servicemembers and Activated National Guard and Reservists
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The American Legion supports H.R. 5538.
H.R. 5644, the ``VET OPP Act''
To amend title 38, United States Code, to establish the Veterans
Economic Opportunity and Transition Administration, and for other
purposes.
This bill would move existing Department of Veterans Affairs (VA)
economic opportunity and transition programs - like the vocational
rehabilitation and employment programs, educational assistance
programs, home loans, and the Transition Assistance Program - and their
support staff from under the Veterans Benefit Administration (VBA) to a
newly formed Veterans Economic Opportunity and Transition
Administration (VEOTA). It would also create an Undersecretary for
Veterans Economic Opportunity and Transition who is directly
accountable for all VEOTA programs, outcomes, and interaction with
relevant government agencies.
The American Legion shares the sentiment of many in Congress and
among the Veteran Service Organizations that VA must provide greater
focus on the economic concerns of our veterans, and ensure that its
employment, education, and housing services meet the standards of
excellence its veterans deserve.
The American Legion has long been concerned that programs in the VA
that provide assistance related to economic opportunity to veterans,
their dependents, and survivors have been overlooked. Reports from the
field have confirmed an ongoing trend of economic programs competing
with the claims and appeals backlog for relevancy and funding.
Since the recession, VA's current Office of Economic Opportunity
(OEO) has taken on more responsibilities in veteran's employment
programming. OEO has piloted and demonstrated success for many
programs, from public-private partnerships for apprenticeships and
employment to the creation of VA for Vets and the Veterans Employment
Service Offices (VESO). VA's Center for Verification and Examination
(CVE) has grown exponentially and curates an extensive database of
verified veteran-owned small businesses. The landscape of education
benefits has evolved rapidly from the Montgomery to the Post-9/11 GI
Bill and the considerable implementation requirements of the Harry W.
Colmery Veterans Educational Assistance Act. More veterans are using VA
educational and vocational rehabilitation benefits to go to school than
a decade ago, which led to the creation of VetSuccess on Campus (VSOC)
to cater to the growing student veteran population.
The American Legion does not have a resolution or position on H.R.
5644.
H.R. 5649, Navy SEAL Chief Petty Officer William `Bill' Mulder (Ret.)
Transition Improvement Act of 2018
To amend titles 10 and 38, United States Code, to amend the Social
Security Act, and to direct the Secretaries of Veterans Affairs,
Defense, Labor, and Homeland Security, and the Administrator of the
Small Business Administration, to take certain actions to improve
transition assistance to members of the Armed Forces who separate,
retire, or are discharged from the Armed Forces, and for other
purposes.
H.R. 5649 would make improvements to the Transition Assistance
Program (TAP) and the overall transition process for servicemembers to
include more of a focus on career opportunities and entrepreneurship.
This bill would represent the largest reorganization of TAP since 2011.
Specifically, H.R. 5649 would restructure TAP to require servicemembers
to choose specific career-oriented tracks that best suit their post-
service plans and would require that servicemembers take part in one-
on-one counseling a year prior to separation to evaluate which
transition pathway suits them best. It would also authorize a five-year
pilot program that would provide matching grant funds to community
providers that offer wraparound transition services to veterans and
transitioning servicemembers. Finally, the bill would require a third-
party entity to conduct an independent assessment of the TAP curriculum
and require a separate longitudinal study on the efficacy of TAP and
long-term outcomes for veterans.
TAP is a joint program administered by the U.S. Departments of
Defense (DoD), Department of Labor (DoL) and Veterans Affairs (VA) and
is charged with providing veterans a successful transition from
military to civilian life.
The goal of TAP is to ease the adjustment of separating
servicemembers during the difficult transition from active-duty into
civilian life by offering job search assistance, medical/health
services, the advising of available benefits, and other related
counseling. The American Legion believes strongly that TAP represents
an important step toward providing transitioning servicemembers, and
their families, with the information they need to successfully
transition into civilian life.
TAP is now mandated for all servicemembers and optional for their
spouses. However, TAP provides a tremendous amount of information,
which at times can be extremely intricate, overwhelming, or even
superfluous to a particular participant. DoL's portion, which is three-
days long, is responsible for most of that information. The American
Legion recommends that the course be mandated for servicemembers at
different intervals of their careers prior to separation or
transitioning into the civilian sector along with pre-counseling for
those servicemembers intending to leave the military.
H.R. 5649 would establish three counseling pathways to tailor TAP
to meet the specific needs of servicemembers. There is a vast
difference between a transitioning servicemember who served one
enlistment in contrast to a transitioning servicemember who is retiring
after 20 years of service. This includes, but is not limited to,
servicemembers who are being separated for medical reasons and/or other
unexpected reasons.
TAP is presently five-days long with an optional two-day class.
According to a November 2017 GAO report, less than 15 percent of
transitioning servicemembers have attended the two-day classes. \4\ In
a recent 2018 survey conducted by the America's Warrior Partnership -
Empowering Communities To Empower Veterans, 33.1 percent of veterans
are seeking access to obtaining employment, and 33.1 percent of
veterans are seeking access to educational benefits. \5\ This data has
shown that not all servicemembers join the workforce, pursue higher
education, or entrepreneurship. Not every servicemember transitions for
the same reason, so allowing transitioning servicemembers to select
which track they desire to attend will allow them to focus more on
their specific pathway (employment, education, entrepreneurship).
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\4\ GAO Report (Nov. 2017) Transitioning Veterans: DOD Needs to
Improve Performance Reporting and Monitoring for the Transition
Assistance Program
\5\ https://americaswarriorpartnership.org/ wp-content/uploads/
2018/05/ Annual-Survey-Report-2018.compressed.pdf
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Servicemembers should be given the opportunity to attend any of the
tracks they desire. Congress should require that the DoD submit a
report of servicemembers who have attended TAP, broken down in three
areas: 1) attended TAP counseling under their chosen track; 2) attended
the other two optional tracks; and 3) those who have not attended TAP
counseling.
The American Legion appreciates that H.R. 5649 will require an
independent assessment of the effectiveness of TAP. The purpose of this
assessment is to ensure that transitioning servicemembers are receiving
the right skills and training needed to complete a seamless transition
from the military to the civilian sector.
Furthermore, The American Legion is pleased to see that language
from H.R. 4835 has been included in this bill. In 2012, The American
Legion helped push for expansion of TAP to those who had already
separated from service. In response, Congress passed the Dignified
Burial and Other Veterans' Benefits Improvement Act of 2012 (P.L. 112-
260, Section 301). Provisions in this act authorized an Off-Base
Transition Training (OBTT) pilot program that would extend the TAP
programs to veterans and their spouses in a community-based setting.
The law required the pilot program to be established by DoL in a
minimum of three states, with selection favoring states with ``high
rates of unemployment among veterans.'' DoL ultimately conducted 21,
three-day workshops in Georgia, Washington, and West Virginia. Overall
course ratings by participants were high. The OBTT pilot program
expired in January of 2015. \6\
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\6\ https://fas.org/sgp/crs/natsec/IF10347.pdf
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The inclusion of language from H.R. 4835 would provide for a new
five-year pilot program and establish 50 centers across the country to
expand access to job resources and ensure DoL provides classes with
job-training information. The expansion of this program will give our
veterans and their spouses the support they deserve.
The American Legion supports the Navy SEAL Chief Petty Officer
William `Bill' Mulder (Ret.) Transition Improvement Act of 2018 through
Resolution No. 70: Improve Transition Assistance Program, which urges
Congress to thoroughly review the TAP for maximum effectiveness in
helping servicemembers transition to civilian life and find gainful
employment, while encouraging cooperation and inclusion of nationally
accredited service organizations in their program. \7\
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\7\ American Legion Resolution No. 70 (2016): Improve Transition
Assistance Program
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The American Legion supports H.R. 5649.
Draft Bill
To amend the Servicemembers Civil Relief Act to provide for the
termination by a spouse of a lessee of certain leases when the lessee
dies while in military service.
This draft bill would provide Servicemember Civil Relief Act (SCRA)
protections to Gold Star families for the termination of lease
agreements. SCRA allows servicemembers to terminate certain lease
agreements based on military service. Traditionally, this has been of
the highest utility to military family planning for servicemembers
preparing to depart for extended deployments. Unfortunately, these
protections are immediately withdrawn from military families in the
event of a servicemember's death. This is because SCRA provides
protections to servicemembers ``up until the date the servicemember is
released from military service (i.e. active duty service) or dies while
in military service'' [50 U.S.C. App. Sec. 511(3)].
The practical impact of this is Gold Star families being bound to
lease agreements made before the loss of their loved one. This draft
bill affords those families, who have made the ultimate sacrifice, the
decency of the financial protections their servicemember earned.
Resolution No. 342, Support and Strengthen the Servicemembers Civil
Relief Act (SCRA) urges Congress to amend the Servicemembers Civil
Relief Act to include additional protections for members of the Armed
Forces, and their families. \8\
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\8\ American Legion Resolution No. 342 (2016): Support and
Strengthen the Servicemembers Civil Relief Act (SCRA)
---------------------------------------------------------------------------
The American Legion supports this Draft Bill as written.
Conclusion
In closing, The American Legion supports the changes to these
important programs; such as removing the statutory time limits to VR&E,
extending protections under SCRA for contracts and leases, and
modifying TAPS. Further, The American Legion is committed to working
with the Department of Veterans Affairs and this Subcommittee to ensure
that America's veterans are provided with the highest level of
employment and educational assistance.
Chairman Arrington, Ranking Member O'Rourke, and distinguished
members of this Subcommittee, The American Legion thanks this
Subcommittee for holding this important hearing and for the opportunity
to explain the views of the 2 million members of this organization. For
additional information regarding this testimony, please contact Mr. Jon
Espinoza, Legislative Associate of The American Legion's Legislative
Division at (202) 861-2700 or [email protected]
Prepared Statement of Lauren Augustine
LEGISLATIVE HEARING ON THE TOPICS OF: ``TRANSITION AND ECONOMIC
OPPORTUNITY''
Chairman Arrington, Ranking Member O'Rourke and Members of the
Committee:
Thank you for inviting Student Veterans of America (SVA) to submit
our testimony on the pending legislation related to veteran transition
and economic opportunity. With more than 1,500 chapters representing
the more than 1.1 million student veterans in schools across the
country, we are pleased to share the perspective of those directly
impacted by the subjects before this committee.
Established in 2008, SVA has grown to become a force and voice for
the interests of veterans in higher education. With a myriad of
programs supporting their success, rigorous research on ways to improve
the landscape, and advocacy throughout the nation. We place the student
veteran at the top of our organizational pyramid. As the future leaders
of this country and some of the most successful students in higher
education, fostering the success of veterans in school is paramount to
their preparation for productive and impactful lives. \1\
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\1\ Shane, Leo. Military Times. Report: Young vets are more
successful than their civilian peers. July 29, 2017. https://
www.militarytimes.com/ veterans/2017/07/29/ report-young-vets-are-more-
successful- than-their-civilian-peers/
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Edward Everett, our nation's 20th Secretary of State, and the
former President of Harvard University was famously quoted as stating,
``Education is a better safeguard of liberty than a standing army.''
While we have the finest military that the world has ever known, the
sentiment remains; the importance of education to our nation's national
security continues to be critical. Today, we will discuss several
topics up for consideration in front of this body.
H.R. 5452, Reduce Unemployment for Veterans of All Ages Act
This bill proposes to eliminate the current twelve-year period of
eligibility for the Vocational Rehabilitation and Employment (VR&E)
program.
VR&E has been an important component of veterans' reintegration
since Congress instituted a veterans' benefits system upon U.S. entry
into World War I in 1917. \2\ It also remains one of the top areas of
discussion when we talk with student veterans across the country, as
highlighted in a recent oversight hearing before this committee \3\.
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\2\ Disabled American Veterans, Paralyzed Veterans of America, and
the Veterans of Foreign Wars, The Independent Budget - Veterans Agenda
for the 115th Congress (Policy Recommendations for Congress and the
Administration), 120, http://www.independentbudget.org/ 2018/FY18--
IB.pdf (last visited Apr. 30, 2018).
\3\ Vangellow, Cassandra. Testimony for Oversight Hearing on the
Topic of "A Review of VA's Vocational Rehabilitation and Employment
Program." May 17, 2018, House Committee on Veterans' Affairs
Subcommittee on Economic Opportunity, https://veterans.house.gov/
calendar/eventsingle.aspx?EventID=2160.
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Last summer, thanks largely to this committee, the Forever GI Bill
removed the fifteen-year eligibility window for the Post-9/11 GI Bill
and made it a benefit of service no longer tied to a specific conflict.
\4\ We see a similar intent in this legislation, which would provide
greater access to rehabilitation and employment services empowering the
economic opportunity potential of eligible veterans.
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\4\ Harry W. Colmery Veterans Education Assistance Act of 2017
108. Pub. L 115-48. (2017). https://www.congress.gov/ bill/
115th- congress/ house-bill/3218.?
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SVA generally supports the intent to expand the VR&E program beyond
the current twelve-year window as a means to simplify program
eligibility, which currently provides an often-confusing and arbitrary
number of reasons to extend the twelve-year window. However, we have
concerns on expanding the current VR&E program without a comprehensive
program review, a resolution to the IT system concerns, and sufficient
funding to meet the current and potential program participation and
administration costs, as discussed in previous testimony before this
committee \5\. We look forward to continuing to work with this
committee on this issue and welcome additional conversations on how to
achieve a stronger VR&E program.
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\5\ Vangellow, Cassandra. Testimony for Oversight Hearing on the
Topic of "A Review of VA's Vocational Rehabilitation and Employment
Program." May 17, 2018, House Committee on Veterans' Affairs
Subcommittee on Economic Opportunity, https://veterans.house.gov/
calendar/eventsingle.aspx?EventID=2160.
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H.R. 5538, Reserve Component Vocational Rehabilitation Parity Act
This bill would add additional mobilization codes used by the
Department of Defense (DoD) to 38 U.S.C. 3105(e)(2) (Title 38).
The section of Title 38 amended in this bill applies to the
discontinuation of VR&E subsistence allowance payments when Reserve
component service members are called to active duty. While most
mobilization codes are already listed, SVA supports the inclusion of
the additional codes - 12304a and 12304b - to address gaps in benefit
administration caused by bureaucratic nuances.
We believe this builds on the efforts to rectify inequities in
benefit and program administration included as part of the Forever GI
Bill, which added additional mobilization codes for the purposes of
calculating Post-9/11 GI Bill benefit eligibility. \6\ In addition to
considering this specific language, we encourage the inclusion of all
mobilization orders in future legislation or regulation to proactively
reduce similar unintentional bureaucratic discrepancies in benefit and
program administration.
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\6\ Harry W. Colmery Veterans Education Assistance Act of 2017
108. Pub. L 115-48. (2017). https://www.congress.gov/ bill/
115th- congress/house-bill/3218.?
H.R. 5644, Veterans' Education, Transition, and Opportunity
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Prioritization Plan Act of 2018
The Veterans Economic Opportunity and Transition Administration Act
of 2018, or VET OPP Act, would establish an Under Secretary of Economic
Opportunity at VA, aligning the programs in the Office of Economic
Opportunity (OEO) presently under the Veterans Benefits Administration
(VBA) into a distinct lane within VA known as the Economic Opportunity
and Transition Administration.
The Department of Veterans Affairs (VA) previously expressed
publicly that, ``Economic competitiveness isn't just about employment;
it encompasses overall employment, wealth, independent living, housing,
career mobility and educational attainment. VA is proud to work
alongside employment experts at the Department of Labor and policy
leaders in DoD to ensure we are in alignment with relevant trends and
services they offer to transitioning service members and veterans.''
\7\ With economic opportunity as a stated priority of VA, we strongly
support the establishment of an Under Secretary of Economic Opportunity
at VA, who would report directly to the Secretary. Responsibilities of
this new division at VA would include the administration of housing
loan guaranty and related programs, vocational rehabilitation and
employment (VR&E), education assistance programs, and transition
programs (see Appendix A for detailed division of applicable programs).
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\7\ Department of Veterans Affairs, "Understanding Economic
Competitiveness in Relation to Their Non-Veteran Counterparts."
Accessed March 16, 2018. https://www.data.va.gov/story/ economic-
opportunities-veterans.
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At present, these programs are buried within the bureaucracy of VA
and lack a true champion at the level of leadership these programs
warrant. Over the past century, VA has evolved to focus on compensating
veterans for loss, yet realities and advances of the 21st century and
beyond demands the additional goal of empowering veterans to excel
post-service. Importantly this will also advance our nation's goals of
enhancing economic competitiveness by focusing on veteran contributions
to business and industry, communities, and preparing them through the
best education programs in our country. To truly achieve ``whole
health'' for veterans in the future economy, it is imperative we afford
VA the opportunity to enrich the lives of veterans through the primacy
of VA's economic opportunity programs. During several recent House
Committee on Veterans' Affairs hearings, we've articulated our
commitment to elevating the economic opportunity programs at VA and
identified the need to address a lack of resource-focus on economic
opportunity programs within the greater scope of the \8\overall \9\VA
budget \10\.
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\8\ Hubbard, William. Testimony for Legislative Hearing on the
Topic of "Legislative Hearing on H.R. 1206, H.R. 3023, H.R. 3940, H.R.
4451, H.R. 4830, H.R. 4835, H.R. 5044, and a draft bill entitled, `VA
Home Loan Improvement Act of 2018'." March 20, 2018, House Committee on
Veterans' Affairs Subcommittee on Economic Opportunity, https://
docs.house.gov/meetings/ VR/VR10/20180320/ 108011/HHRG-115-VR10-Wstate-
HubbardW-20180320.pdf.
\9\ Augustine, Lauren. Testimony for Legislative Hearing on the
Topic of "U.S. Department of Veterans Affairs Fiscal Year 2019 Budget:
Veterans Benefits Administration and the Board of Veterans' Appeals."
March 15, 2018, House Committee on Veterans' Affairs Subcommittees on
Disability Assistance and Memorial Affairs, Economic Opportunity,
http://docs.house.gov/ meetings/VR/VR09/20180315/106968/ HHRG-115-VR09-
Wstate-AugustineL-20180315.pdf.
\10\ Vangellow, Cassandra. Testimony for Oversight Hearing on the
Topic of "A Review of VA's Vocational Rehabilitation and Employment
Program." May 17, 2018, House Committee on Veterans' Affairs
Subcommittee on Economic Opportunity, https://veterans.house.gov/
calendar/ eventsingle.aspx?EventID=2160.
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This proposal would de-layer and simplify some of the bureaucracy
of VA. It would limit the number of full-time employees to the current
footprint of these programs, thereby curbing any expansion of
government while still providing economic opportunity and transition
programs an accountable champion. Functionally, it would convert the
role of the Deputy Under Secretary of Economic Opportunity into a
political appointment as an Under Secretary. The outcomes would be
numerous::
Increases Accountability. As of this hearing, there is
currently no Deputy Under Secretary of Economic Opportunity. When
Congress, other federal agencies, and external partners seek
accountability, there is effectively nobody to ``answer the mail.''
This proposal would provide for greater accountability and access to
issues that empower veterans. It further prevents these issues from
being reduced in priority; at present, VA has given no indication that
there is any intention of filling the Deputy Under Secretary of
Economic Opportunity role, effectively going the opposite direction of
this proposal.
Elevates Economic Opportunity Issues. Directly relevant
to President Trump's Executive Order 13822, ``Supporting Our Veterans
during Their Transition from Uniformed Services to Civilian Life.''
\11\ This proposal supports the importance of transition, education,
employment, and well-being. Further, it sends a strong message to
veterans and the American public that economic opportunity issues truly
matter and are important enough to have the leadership of an Under
Secretary. Giving a national voice to issues like home ownership,
education, training, and employment is a critically important measure.
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\11\ Executive Order 13822. Supporting Our Veterans During Their
Transition From Uniformed Service to Civilian Life. January 9, 2018.
https://www.federalregister.gov/ documents/2018/01/12/2018-00630/
supporting-our-veterans-during-their-transition-from-uniformed-service-
to-civilian-life
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Reduces Bureaucracy. Bureaucracy at VA has historically
led to serious national challenges, and keeping economic opportunity
issues buried at the bottom of the Veterans Benefits Administration
(VBA) is not the answer. The lack of a clear response from VA on
several basic questions regarding economic opportunity programs at
recent hearings underscores the importance of leadership in this area
and was a direct result of a structure not functioning to benefit the
end user. \12\ This proposal flattens the bureaucracy of VA in favor of
the veteran, versus creating additional layers in the current ``chain
of command.'' One need only to review the recent budget submission to
see the bureaucracy of VA is not conducive to resources being devoted
to these issues consistent with the needs of veterans. \13\
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\12\ In a House Veterans Affairs Committee budget hearing on March
15, 2018, when asked to provide an approximation of how much time is
spent focusing on each division of the Veterans Benefits
Administration, senior VA leadership shared, "I don't know if I could
answer that correctly"; panel members representing VA were unable to
provide a clear response as to the purpose of the Vocational
Rehabilitation and Employment program; several additional responses to
Member questions failed to provide informative replies.
\13\ U.S. Department of Veterans Affairs, Office of Budget. FY 2019
Budget Submission. https://www.va.gov/ budget/products.asp
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Establishes Direct Counterpart. The Department of Labor
(DoL) and the Department of Defense (DoD) presently lack a direct
counterpart within VA for the programs that overlap the agencies and
any significant initiative must achieve multiple layers of approval
before moving ahead. This proposal provides DoD and DoL with a
political appointee who can move important programs into the modern
age, while supporting their missions more broadly for positive,
holistic cross-agency solutions.
Supports ``Whole Health.'' A tragically elastic narrative
exists around veterans as either ``broken or damaged.'' In reality, the
vast majority of veterans are like many other Americans-hard-working,
community-oriented neighbors who want what's best for their families.
Creation of an Under Secretary of Economic Opportunity will empower
veterans to be successful as they transition through improved education
programs and better employment opportunities. One of the major
challenges facing veterans today is ``transition stress,'' an issue an
Under Secretary of Economic Opportunity would be keen to address. \14\
With better service and stronger outcomes, more veterans will be apt to
``Choose VA.''
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\14\ Clark, James. For Most Vets, PTSD Isn't the Problem,
`Transition Stress' Is. Here's What It Means, January 25, 2018, http://
taskandpurpose.com/ what-is-transition-stress/
Voices of opposition to the importance of elevating these issues
through the creation of an Under Secretary of Economic Opportunity
exist. Their concerns have been over ``increased resource costs and
creation of redundant roles.'' Interestingly, the proposal would
achieve the exact opposite effect. With a capped footprint, no
significant increase in costs should occur as our proposal intends,
unless the implementation at VA diverges from the concept's intent.
Others have cited giving current leaders at VA the chance to address
and elevate these issues through their own work. This viewpoint is
misguided and short-sighted; personality-dependent success is not a
long-term solution to these structural challenges.
When previously introduced in the 114th Congress, veterans'
organizations came out in force to support the fourth administration
concept, including The Disabled American Veterans (DAV), The Veterans
of Foreign Wars (VFW), The American Legion, Vietnam Veterans of America
(VVA), and Iraq and Afghanistan Veterans of America (IAVA). \15\ Today,
the current proposal further simplifies the concept of a Veteran
Economic Opportunity and Transition Administration by having no
intention of statutorily affecting the DoL VETS program, a valued
partner for transition and employment programs like VR&E. Additional
veterans' organizations have stepped up to share their support for the
current concept including: The Travis Manion Foundation (TMF), The
Mission Continues, The Retired Enlisted Association (TREA), High Ground
Veterans Advocacy, and Veteran Education Success (VES). The Independent
Budget, an authoritative annual presentation of recommended funding
levels produced by American Veterans (AMVETS), DAV, Paralyzed Veterans
of America (PVA), and VFW has called for this change for years. \16\
While some prefer the status quo, we recognize that bold initiatives
are required to ensure our country delivers the best outcomes possible
for veterans.
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\15\ United States. Cong. House. Committee on Veterans Affairs.
Legislative Hearing on H.R. 356; H.R. 832; H.R. 1994; H.R. 2133; H.R.
2275; H.R. 2344; H.R. 2360; H.R. 2361; and a draft bill. Hearings, June
2, 2007. 114th Cong. 1st sess.
\16\ The Independent Budget for the Department of Veterans Affairs
Budget (FY2012), 112th Congress, http://www.independentbudget.org/
2012/IB--FY2012.pdf
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The American Enterprise Institute (AEI) makes a compelling argument
for restructuring VA in a piece titled, ``Economic Opportunity,
Transition Assistance, and the 21st-Century Veteran: The Case for a
Fourth VA Administration.'' \17\ Their research demonstrates that
legislative language related to veterans creates a powerful and
sustained narrative related to this population; notably, language
consistent with a ``deficit model,'' or words such as `broken',
`wounded', `helpless', etc. , damages overall perceptions of this
population wreaking further havoc on a wider audience of veterans.
Conversely, language consistent with an ``asset model,'' such as `civic
asset,' `successful,' `leaders,' etc., has the effect of improving the
likelihood of achieving positive transition and long-range experiences.
This proposal is strongly in favor of a positive narrative of veterans,
as it proposes elevating issue areas the public widely views as
empowering such as education, employment, home ownership, and others.
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\17\ Burgess, Rebecca. American Enterprise Institute (2018).
"Economic Opportunity, Transition Assistance, and the 21st-Century
Veteran: The Case for a Fourth VA Administration," http://www.aei.org/
wp-content/uploads/2018/03/ Economic-Opportunity-Transition-Assistance-
and-the-21st-Century-Veteran.pdf.
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Several important questions related to this proposal are worth
considering, including the specific programs within VA this will truly
impact (refer to Appendix A); any effects on interagency partnerships
with DoD, DoL, SBA, and others; and the opportunity this presents for
greater public-private partnerships with the private sector including
corporate America and academia. We encourage this committee to consider
investing significant data authorities in this office to be able to
effectively track-and one day predict-the true impact empowered
veterans have on the country's economic health. For example, it's known
that the Servicemen's Readjustment Act of 1944, known as the original
GI Bill, had an economic output of $7 for every $1 dollar invested in
that program. \18\ Insights such as these will be vital to establishing
the long-term understanding of these programs. Further, we recommend
this office produce a consolidated annual report reviewing program
efficacy, tracking key metrics tied to outcomes instead of outputs.
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\18\ 100th United States Congress, Joint Economic Committee,
Subcommittee on Education and Health of the Joint Economic Committee.
"A Cost-Benefit Analysis of Government Investment in Post-Secondary
Education Under the World War II GI Bill," December 14, 1988.
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VA proudly cites the VA, ``has a mission to help veterans maximize
their economic competitiveness and thus, increase the number of
economic opportunities for veterans and their families.'' \19\ This
proposal will maximize the notion that the VA publicly espouses in
empowering veterans to lead successful lives. The 1996 Congressional
Commission on Servicemembers and Veterans Transition Assistance once
stated, ``If employment is the door to a successful transition to
civilian life, education will be the key to employment in the
information age.'' \20\ Future generations of veterans are counting on
the success of this proposal, and we are eager to work with this
Congress and President Trump in making it a reality.
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\19\ Department of Veterans Affairs, Understanding Economic
Competitiveness in Relation to Their Non-Veteran Counterparts. Accessed
March 16, 2018. https://www.data.va.gov/story/economic-opportunities-
veterans.
\20\ https://ntrl.ntis.gov/NTRL/dashboard/searchResults/
titleDetail/PB2006113212.xhtml
H.R. 5649, Navy SEAL Chief Petty Officer William Bill Mulder (Ret.)
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Transition Improvement Act
During the past several years, we have studied the issue of
transition from the military to civilian life in great depth. This
testimony is the result of in-depth feedback from recently transitioned
service members and a comprehensive review of the curriculum and
process. The topic of transition is not limited to the delivery of
Transition Assistance Program (TAP) seminars, but for the purposes of
the proposed legislation, we will limit discussion to TAP.
The November 2017 Government Accountability Office (GAO) report on
TAP made it abundantly clear that serious gaps existed in the program.
Originally implemented in 1991 after being established in the 1990
National Defense Reauthorization Act, TAP has gone through dozens of
improvements throughout the years, including most recently this
\21\past \22\winte \23\r. The programs are vastly improved from prior
iterations, though several important enhancements can be done to make
the transition to civilian life significantly more impactful. This
legislation proposes key changes that will positively impact overall
outcomes for individuals separating from the military, including the
sections identified below.
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\21\ GAO, TRANSITIONING VETERANS: DOD Needs to Improve Performance
Reporting and Monitoring for the Transition Assistance Program, GAO 18-
23, (Washington, D.C.; November 2017).
\22\ National Defense Reauthorization Act of 1990, Section 502,
"Other Transition Benefits and Services." https://www.gpo.gov/fdsys/
pkg/STATUTE-104/pdf/STATUTE-104-Pg1485.pdf.
\23\ Senior VA officials facilitated the opportunity for select
participants from various veteran organizations to attend the pilot
implementation of the new TAP curriculum related to VA benefits
seminars I and II in January and February of 2018.
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Pathways. This would require the military services to establish a
minimum of three transition pathways to be used as part of the
individualized counseling that military services would provide service
members. Further, GAO would be required to complete a review of the
design and implementation of these individualized pathways. Exiting
service members would also receive a copy of their joint service
transcript (JST) of training and military experience. This is an
important improvement that will catalyze the success of separating
service members and is a distinct shift from the current approach where
individuals receive instruction almost exclusively and arbitrarily
based on junior or senior rank.
Curriculum. The bill would improve and modernize the curriculum and
structure of TAP by authorizing a service member to choose one of the
two-day tracks to include as part of their five-day training, different
from the current structure that has a mandated five-day course with
optional additional two-day tracks. As identified in the November 2017
GAO report, the so-called ``optional tracks'' were significantly and
detrimentally underutilized. \24\ Despite being misleadingly labeled as
``optional,'' the information available through these tracks provides
critical knowledge for the successful pursuit of post-military success.
For example, the Accessing Higher Education module is best utilized
with sufficient time to apply to school, and to enhance choice for
veterans by providing them the best information on how to connect
education to career and transition goals. Taken too late, the
effectiveness of the module's information is greatly diminished and may
delay the service member's attendance at a school by several semesters.
\25\
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\24\ GAO, TRANSITIONING VETERANS: DOD Needs to Improve Performance
Reporting and Monitoring for the Transition Assistance Program, GAO 18-
23, (Washington, D.C.; November 2017).
\25\ Joint Knowledge Online, "Accessing Higher Education Module,"
TGPS-US009. http://jko.jten.mil/courses/tap/
TGPS%20Standalone%20Training/CourseWare/TGPS-US009--Standalone/
launch.html.
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While we appreciate the mandate of these tracks, we have serious
concerns they would replace, instead of supplement, the current five-
day curriculum. Further, we encourage the committee to amend Section
102 subsection (f), subpart (D) to reflect the addition of ``at least
one'' in the language, to read, ``Two days of instruction regarding at
least one topic selected by the member from the following subjects.''
In some cases, taking several of these tracks in compliment may offer
the separating service members a significant advantage as they exit the
military, and they should have the opportunity to pursue several
different tracks if deemed valuable.
Supporting Spouses. The bill would also reauthorize the off-base
TAP pilot that was originally authorized by Section 301 of PL 112-260.
\26\ This pilot would authorize the teaching of the DoL employment
workshop at off-base locations, such as local high schools, community
centers, and other locations for veterans and their spouses. The
proposal would authorize the program for an additional five years at a
minimum of 50 locations across the country. This is an important
recognition that access to the information in TAP seminars after
separation for spouses and veterans can help improve the transition
process. Indeed, when the family unit is successful, the transition
process is vastly improved. We would further request this committee to
consider including language that would encourage spouses to attend the
on-base TAP seminars with their service member to improve the
effectiveness of the program.
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\26\ 112th Congress, PL 112-260, Section 301 "Off-base transition
training for veterans and their spouses." https://www.congress.gov/112/
plaws/publ260/PLAW-112publ260.pdf.
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Community Impact. The bill proposes a five-year pilot program that
would provide up to $10 million in matching grant funds to help
community providers fund innovative transition services such as resume
assistance, interview training, job recruitment training, and related
services. The bill would prioritize funds for programs that operate as
a community ``hub'' and a single point of contact for all services for
one community, with organizations applying for funding in consultation
with VA and DoL. Further, the bill proposes authorizing VA, in
consultation with state entities that provide services to retired,
separated, or discharged service members, to enter into a contract with
a non-federal party to study and identify community providers who
provide effective and efficient transition services to service members.
These initiatives appropriately recognize the importance of local
communities in the transition process, and we applaud the
acknowledgement of community-based impact.
Data and Research. Most importantly, this bill proposes a one-year
independent assessment of the effectiveness of TAP, which would be
performed no later than three months after the bill's enactment in
consultation with VA, DoD, DoL, and SBA. The assessment would require
the expertise of a third-party entity with experience in teaching adult
learners to perform a comprehensive review of the entire military life
cycle, career readiness standards, the definition of TAP, examination
of service member feedback, and other data. Furthermore, the bill
proposes a longitudinal study on the changes proposed to TAP, including
a review of the Federal Directory of New Hires, the database used to
track the employment outcomes of transitioning service members.
Finally, the bill proposes requiring DoD to provide an annual
report to the House and Senate Committees on Veterans' Affairs and
Armed Services on the number of service members who attend TAP and data
on which of the tracks are being utilized. Each of these proposed
components will provide further clarity on the overall impact of TAP
and provide information that can be used to refine the program's
effectiveness-we strongly applaud this committee for including each
component and look forward to reviewing the information in years to
come. One of the major flaws of TAP has been the lack of data and
analysis on the outcomes of the program, and these studies will provide
critical knowledge to fill the gaps. We propose a minor technical
change to Section 205, subsection (a), subpart (5) to modify the
language to read, ``whether TAP effectively supports the families of
veterans making the transition to civilian life;'' versus the current
language, ``addresses the challenges faced by.''
Important improvements to TAP have been highlighted through
participation in roundtables this committee hosted and as a leader of
the ``Pre-Separation'' component of the joint VA-DoD Military-Civilian
Transition (MCT) convenings over the past year. We are pleased to see a
majority of these bold initiatives included in this transformational
piece of legislation. We continue to emphasize the importance of
providing transition information to service members as early as their
recruitment into the military. We are proud to have worked with this
committee and thank Chairman Arrington for his leadership on this
topic.
The success of veterans in higher education is no mistake or
coincidence. Research consistently demonstrates this unique population
of non-traditional students is far outpacing their peers in many
measures of academic performance. \28\ Further, this success in higher
education begets success in careers, in communities, and promotes
family financial stability, holistic well-being, and provides the all-
volunteer force with powerful tools for recruitment and retention when
recruits know military service prepares them for success after service.
At our 10th annual national conference, the President and CEO of SVA,
Jared Lyon, shared the story behind the quote on our anniversary
challenge coin., ``Some attribute the following text to Thucydides and
others note that it's a paraphrase of a book written by Sir William
Francis Butler from the late 1800's. The reality, either way, rings as
true today as it ever has, and the phrase goes like this, `The nation
that makes a great distinction between its scholars and its warriors
will have its thinking done by cowards and its fighting done by
fools.'" \28\
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\27\ Cate, C.A., Lyon, J.S., Schmeling, J., & Bogue, B.Y. (2017).
National Veteran Education Success Tracker: A Report on the Academic
Success of Student Veterans Using the Post-9/11 GI Bill. Student
Veterans of America, Washington, D.C., http://
nvest.studentveterans.org/wp-content/uploads/2017/03/NVEST-Report--
FINAL.pdf.
\28\ Jared Lyon, Defining Our Future: Today's Scholars, Tomorrow's
Leaders, Jan. 5, 2018, https://www.linkedin.com/pulse/defining-our-
future-todays-scholars-tomorrows-leaders-jared-lyon
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We thank the Chairman, Ranking Member, and the Committee members
for your time, attention, and devotion to the cause of veterans in
higher education. As always, we welcome your feedback and questions,
and we look forward to continuing to work with this committee, the
House Veterans' Affairs Committee, and the entire Congress to ensure
the success of all generations of veterans through education.
Prepared Statement of Lauren Augustine
After graduating from Virginia Tech, Lauren enlisted in the U.S.
Army, quickly rising to the rank of sergeant, and served 12 months in
Iraq with the First Infantry Division. She has worked as a senior
legislative associate for Iraq and Afghanistan Veterans of America, a
legislative representative for the American Federation of Government
Employees, and the director of government relations for Got Your 6.
In these positions she advocated on behalf of veterans, their
families, and the services and benefits provided by the VA. In
recognition of her advocacy work, Lauren was named to the HillVets Top
100 in 2015 and awarded the Excellence by An Up and Coming Practitioner
award from the Women in Professional Advocacy in 2016. She was also
appointed to the Joint Leadership Council of Veteran Service
Organizations for the Commonwealth of Virginia by Governor McAuliffe in
2016.
APPENDIX A
Under Secretary of Economic Opportunity
Areas proposed to move to Economic Opportunity Administration:
Education Service: Administers VA's education programs that provide
education and training benefits to eligible Active Duty, National
Guard, and Reserve Servicemembers, Veterans, and dependents.
Loan Guaranty Service: Provides oversight of the VA Guaranteed Home
Loan Program that guarantees home loans in varying amounts. Ensures
Veteran's rights are protected when purchasing a home under this
program. Oversees administration of specially adapted housing grants
for certain severely disabled Servicemembers and Veterans so they can
adapt or acquire suitable housing.
Vocational Rehabilitation & Employment (VR&E) Service: Assists
Servicemembers and Veterans with service-connected disabilities to
prepare for, obtain, and maintain suitable employment; start their own
business; or receive independent-living services. Oversees their
education and provides career counseling to help guide career paths and
ensure the most effective use of VA benefits.
Employment and Economic Impact: The Office of Employment and
Economic Impact is dedicated to helping transitioning Servicemembers,
Veterans, and their families take advantage of the benefits they have
earned to connect with meaningful careers and achieve long-term
economic success; oversees transition assistance (shifted from Benefits
Assistance Service).
Areas that would remain under Veterans Benefits Administration:
Compensation Service: Oversees the delivery of disability
compensation, a tax-free monetary benefit paid to Veterans with
disabilities that are the result of a disease or injury incurred or
aggravated during active military service.
Pension and Fiduciary Service: Provides program oversight that
helps wartime Veterans, their families, and survivors with financial
challenges by providing supplemental income through Veterans Pension,
Death Pension, and Dependency and Indemnity Compensation. Protects the
benefits paid to our most vulnerable beneficiaries who, because of
disease, injury, or infirmities of advanced age, are unable to manage
their VA benefits.
Insurance Service: Maintains life insurance programs that give
financial security and peace of mind for Servicemembers, Veterans, and
their families.
Benefits Assistance Service: Facilitates outreach, web/social media
communications, and public contact services across the administration,
and ensures quality and training for VBA employees who engage with
Servicemembers, Veterans, and their families through client services
such as the National Call Center.
Appeals Management Center: Processes most appeals that have been
returned to VBA by the Board of Veterans Appeals.
Office of Business Process Integration: Ensures VBA's strategic
needs and requirements for business and data systems are properly
documented, integrated, and communicated.
Veterans Benefits Management System Program Office: Developing an
end-to-end paperless claims processing system that incorporates
improved business processes with technology.
Records Management Center: Houses most service treatment records
forwarded by the Department of Defense (DoD) to VA.
Office of Field Operations: Provides operational oversight to over
five district offices and 56 regional benefit offices within the United
States, Puerto Rico, and the Philippines. The five district offices
include the North Atlantic District, Philadelphia, PA; Southeast
District, Nashville, TN; Midwest District, St. Louis, MO; Continental
District, Lakewood, CO; and Pacific District, Phoenix, AZ.
Prepared Statement of Rebecca Burgess
Chairman Arrington, Ranking Member O'Rourke, and distinguished
members of this Subcommittee:
Thank you for the opportunity to appear in this role today, as you
consider tangible measures for Congress to take to uplift all our
nation's veterans-both present and future-in their transition from war
to work and to successful civilian lives. It is an honor.
Veterans are the unacknowledged permanent ambassadors of military
and even national service. How we publicly portray veterans directly
relates to how society conceptualizes military service and what happens
to an individual during that service. In an all-volunteer force,
reputation is key to the attractiveness of joining a profession in
which death and permanent disability are distinct possibilities. To
encourage young men and women to join its ranks, since 1973 the
Department of Defense (DOD) has necessarily relied on programs and
benefits provided by the Department of Veterans Affairs (VA). Those who
have chosen to wear the nation's uniform, as well as those who have
chosen not to wear it, just as much have been influenced by how
Congress and the VA have cared for veterans' reputations as their
physical bodies. The types of legislation surrounding veterans that
Congress passes, and the types of programs and benefits that the VA
prioritizes, powerfully shape the national narrative about veterans and
influence veterans' own perception of their identity in the post-
service context. The tenor of veteran legislation is a crucial factor
for the post-service growth of all veterans and for their healthy and
successful transition to civilianhood.
A VA for Veterans: Flexible Methods, Inflexible Goal
Well before the then Veterans Administration in 1959 took as its
motto words from the final paragraph of President Abraham Lincoln's
resonant Second Inaugural Address-
With malice toward none, with charity for all, with firmness in the
right as God gives us to see the right, let us strive on to finish the
work we are in, to bind up the nation's wounds, to care for him who
shall have borne the battle and for his widow, and his orphan, to do
all which may achieve and cherish a just and lasting peace among
ourselves and with all nations \1\
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\1\ Abraham Lincoln, ``Second Inaugural Address,'' March 4, 1865,
http://avalon.law.yale.edu/19th--century/lincoln2.asp.
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-the American nation recognized that it has had a duty to provide
some measure of honor and care to those who have fought on its behalf.
\2\
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\2\ US Department of Veterans Affairs, ``The Origin of the VA
Motto: Lincoln's Second Inaugural Address,'' https://www.va.gov/opa/
publications/celebrate/vamotto.pdf.
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Before we had the United States of America, we had legislation
providing modest pensions to those veterans disabled in the defense of
their colony. \3\ The early practice of granting only disability
pensions to war veterans grew to include professional or vocational
training after World War I and college tuition assistance and low-
interest home loans after World War II. Throughout the 19th and 20th
centuries, the changing face of industrialized society, technologies of
war, and beliefs about the role of government have expanded each
generation's understanding of its debt to soldiers. At the same time,
Franklin D. Roosevelt's New Deal and Lyndon B. Johnson's Great Society
programs expanded the paradigm of the government's obligations to all
citizens. With the GI Bill of 1966, the card deck of veterans' benefits
was made available to all who have served in uniform, whether during
war or peacetime. \4\
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\3\ In 1636, Plymouth was the first colony in America to pass
veteran pension legislation. The Continental Congress in 1776 passed a
pension law that was supposed to provide half pay for life in cases of
loss of limb or other serious disability, but it was up to the
individual states to pay it and the Continental Congress had no
enforcement mechanism to ensure that the states did so. After the
ratification of the US Constitution, the first Congress continued the
pension law passed by the Continental Congress by passing the first
federal pension legislation. President James Monroe expanded veteran
pension legislation to include pensions for the ``aged poor'' with the
Revolutionary War Pension Act in 1818. This laid the groundwork for how
the military service-related benefits system would evolve. For more in-
depth treatments of this topic, see US Department of Veterans Affairs,
``VA History in Brief,'' https://www.va.gov/opa/publications/archives/
docs/history--in--brief.pdf. See also Rebecca Burgess, ``After Johnny's
Marched Home: Military Veterans and the Shaping of American Politics,''
American Interest, https://www.the-american-interest.com/2015/11/11/
after-johnnys-marched-home/; Rebecca Burgess, ``Beyond the `Broken
Veteran': A History of America's Relationship with its Ex-Soldiers,''
War on the Rocks, March 7, 2018, https://warontherocks.com/2018/03/
beyond-the-broken-veteran-a-history-of-americas-relationship-with-its-
ex-soldiers/; and Rebecca Burgess, ``Our Veterans Deserve
Better,''InsideSources, November 10, 2017. http://
www.insidesources.com/veterans-deserve-better/.
\4\ There are still restrictions in place preventing veterans who
have an ``Other Than Honorable Discharge'' from accessing the whole
panoply of VA programs and benefits, as well as certain former members
of the National Guard and Reserves. For further discussion of the GI
Bill of 1966, see Burgess, ``After Johnny's Marched Home.''
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Unfortunately, scandal plagued nearly all iterations of the
expanding federal programs and benefits for veterans. Fraud,
overspending, and waste nearly ended the relatively modest veterans'
pension program in 1820. The same trio of ills showed up in post-Civil
War veterans programs. This influenced Congress to establish the
Veterans Bureau in 1921, to consolidate existing veterans programs
managed by the Bureau of War Risk Insurance, Public Health Service, and
the Federal Board of Vocational Education. President Warren Harding
nominated Colonel Charles Forbes to lead the bureau, and Congress
tasked him with building hospitals. Forbes promptly squandered the
bureau's budget, was relieved of his duties, and found himself serving
time at Leavenworth Penitentiary. \5\
---------------------------------------------------------------------------
\5\ US Department of Veterans Affairs, ``VA History in Brief,''
https://www.va.gov/opa/publications/archives/docs/history--in--
brief.pdf.
---------------------------------------------------------------------------
Brigadier General Frank T. Hines stepped into the breach and
attempted reform, reorganizing the Veterans' Bureau into six services-
medical and rehabilitation, claims and insurance, finance, supply,
planning, and control. By 1930, in the midst of the Great Depression
and feeling political heat from the American Legion and Veterans of
Foreign Wars, President Herbert Hoover decided that more was necessary
to ``coordinate Government activities affecting war veterans.'' He
created the Veterans Administration as an independent federal
administration, consolidating all veterans programs under its purview
and maintaining its distinction from the Department of Defense. The
Bonus March still happened, two years later. \6\
---------------------------------------------------------------------------
\6\ US Department of Veterans Affairs, ``VA History in Brief.''
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Hoover's reorganization initiated the VA's current three major
administrations and made the Veterans Health Administration the face of
the VA. Under his administration, the VA overshot the veteran demand
for hospital beds. The glut fueled the VA practice of expanding health
care benefits to veterans without service-connected injuries, in part
so as not to lose congressional appropriations. That often-overlooked
decision still fuels the contemporary debate about whether there should
be parameters set, and where, to what ``providing care'' for veterans
means for the now Cabinet-level VA and the federal government. \7\ This
applies as much to the Veterans Health Administration as it does to its
Benefits Administration (VBA), which I shall expand on momentarily.
---------------------------------------------------------------------------
\7\ See Jessica Adler, ``Burdens of War: Creating the United States
Veterans' Health System'' (Johns Hopkins University Press, 2017),
https://jhupbooks.press.jhu.edu/content/burdens-war.
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The point of this historical sketch is to highlight how the VA has
frequently altered its formal shape or structure and has recalibrated
its scope and programmatic offerings in its required quest to care for
those ``who shall have born the battle.'' But it has not often done so
with a clear purpose or vision.
No one piece of legislation created the VA, rather it has morphed
into its present form through a series of reactive measures and
personality-driven initiatives and in response to directives issued by
successive Congresses and White House administrations, not to mention
its own scandals. Without a conscious and strategic focus, perhaps it
is inevitable then that the VA has remained mired in a 20th-century
model that gages workforce participation through a manufacturing
economy lens and that the VBA in particular continues to operate under
a 1917-based disability model. That it has remained so mired undercuts
the VA's mission to care for veterans.
A somnolent 20th-century VA cannot energize 21st-century veterans
who must and who want to participate in the information and knowledge
economy. H.R. 5644, the Veterans' Education, Transition, and
Opportunity Prioritization Plan Act of 2018, or VET OPP Act, is a rare
opportunity for policymakers to assess the capabilities of the VA's
existing programs and structure and strategically align both with
current veterans' needs in light of the contemporary economy and
society. In focusing on restructuring the VBA to prioritize already
existing educational and economic opportunity programs in their own
Veterans Economic Opportunity and Transition Administration (VEOTA),
and under the leadership of a specially designated undersecretary,
policymakers send a powerful signal to veterans and society that
veterans are national assets who continue to deserve investment in
after their military service. In turn, this positive legislative
narrative has the power to combat the harmful and inaccurate ``broken
veteran'' narrative. \8\
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\8\ Rebecca Burgess, ``Economic Opportunity, Transition Assistance,
and the 21st Century Veteran: The Case for a Fourth VA
Administration,'' AEI, March 2018, http://www.aei.org/publication/
economic-opportunity-transition-assistance-and-the-21st-century-
veteran-the-case-for-a-fourth-va-administration/.
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How the VET OPP Act Answers 21st-Century Veterans' Needs
Twenty-first-century realities demand a reassessment of how the VA
enacts measures to assist veterans in their transition from war to
work. While the VA already recognizes that their approach, based on the
whole-health model, must ``empowe[r] and equi[p] people to take charge
of their health and well-being, and to live their life to the
fullest,'' \9\ it also acknowledges that VA facilities are ``a system
designed around points of medical care primarily focused on disease
management'' but that ``just piling more into clinical care is not the
answer-not for clinicians and not for veterans.'' \10\ The VA
encourages looking at ``the big picture.'' \11\
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\9\ US Department of Veterans Affairs, ``A Whole Health System
Serving Veterans,'' March 23, 2017, https://www.va.gov/
PATIENTCENTEREDCARE/features/A--Whole--Health--System--Serving--
Veterans.asp.
\10\ US Department of Veterans Affairs, ``A Whole Health System
Serving Veterans.''
\11\ US Department of Veterans Affairs, ``About Whole Health,''
https://www.va.gov/PATIENTCENTEREDCARE/explore/about-whole-health.asp.
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Appointing an under secretary for veterans economic opportunity is
looking at the big picture of veterans post-service. Efforts to expand
and maintain access to mental health services for veterans should never
be denigrated, but for the 19 out of 20 veterans who successfully
transition out of military service, it is the tangible benefits of
education and vocational training, home loans, and small business loans
that provide them the hand up to take charge of their lives. \12\
Research anchored in US census data has consistently shown that
veterans who avail themselves of their post-service education benefits
and earn degrees have increased wages (even relative to their civilian
peers), which improves health, wellness, financial stability, and
overall family stability. \13\ Additional research establishes the
links between these outcomes; reduced rates of dependence, disability,
and criminality; and increased rates of civic participation. \14\
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\12\ Lewis, testimony before the Subcommittee on Economic
Opportunity.
\13\ Institute for Veterans and Military Families and Student
Veterans of America, ``Student Veterans: A Valuable Asset to Higher
Education,'' June 2017, https://ivmf.syracuse.edu/wp-content/uploads/
2017/09/Student-Veterans--Valuable--9.8.17--NEW.pdf. See also Paul
Taylor and Rick Fry, The Rising Cost of Not Going to College, Pew
Research Center, February 11, 2014, http://www.pewsocialtrends.org/
files/2014/02/SDT-higher-ed-FINAL-02-11-2014.pdf; Laura W. Perna, ``The
Private Benefits of Higher Education: An Examination of the Earnings
Premium,'' Research in Higher Education 44, no. 4 (2003): 451-72; Sandy
Baum, Jennifer Ma, and Kathleen Payea, Education Pays: The Benefits of
Higher Education for Individuals and Society, College Board Advocacy &
Policy Center, 2010, https://trends.collegeboard.org/sites/default/
files/education-pays-2010-full-report.pdf; and AEI/Brookings Working
Group on Poverty and Opportunity, Opportunity, Responsibility, and
Security: A Consensus Plan for Reducing Poverty and Restoring the
American Dream, American Enterprise Institute and Brookings
Institution, December 3, 2015, https://www.aei.org/publication/
opportunity-responsibility-and-security/.
\14\ See Nicholas Eberstadt, Men Without Work: America's Invisible
Crisis (West Conshohocken, PA: Templeton Press, 2016).
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However, the VA seems disinterested in this good news, even though
post-9/11 veterans believe education is key to future success and the
chronicled success of the VA's educational and other readjustment
benefit programs. This is reflected in the VA's nearly century-old
structural design, which is impeding its own ability to help veterans
achieve post-service success. A majority of veterans also consistently
report that navigating the VA's administrations and benefits is their
top challenge in transitioning to civilian life. \15\
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\15\ Corri Zoli, Rosalinda Maury, and Daniel Fay, Missing
Perspectives: Servicemembers' Transition from Service to Civilian Life,
Institute for Veterans and Military Families, Syracuse University,
November 2015, https://ivmf.syracuse.edu/article/missing-perspectives-
service-members-transition-from-service-to-civilian-life-forward/.
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This has particular bearing on the VA's economic opportunity
programs, which have been lumped together with the VA's much more
visible disability and pension benefit programs under the purview of
the Veterans Benefit Administration (VBA). The VBA is struggling with a
well-publicized backlog of nearly half a million disability claims.
\16\ Overwhelmingly, the VBA's institutional resources are concentrated
on the disability system to the unsurprising neglect of its education
and economic programs.
---------------------------------------------------------------------------
\16\ Nicole Ogrysko, ``Congress Takes Another Shot at Fixing
Outdated, Lengthy Veterans Appeals Process,'' Federal News Radio, May
2, 2017, https://federalnewsradio.com/veterans-affairs/2017/05/
congress-takes-another-shot-at-fixing-outdated-lengthy-veterans-
appeals-process/.
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Among other things, the VBA is tasked with delivering the Forever
GI Bill to veterans. As the latest iteration of the GI Bill, the Harry
W. Colmery Veterans Educational Assistance Act of 2017, or the Forever
GI Bill, perpetuates one of the most recognizably successful transition
assistance and social assistance government programs in American
history. \17\ Despite such proven success, the government has not
demonstrated much interest in harnessing the power of the Forever GI
Bill to provide transition assistance for veterans. Nor is it
harnessing its own institutional power to implement the Forever GI
Bill: In a December 2017 congressional hearing on the bill's
implementation, numerous testimonies revealed that it was a bungled
mess because of both limited information technology capabilities and
institutional sclerosis. \18\
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\17\ US Department of Veterans Affairs, ``History and Timeline,''
https://www.benefits.va.gov/gibill/history.asp; Congressional Research
Service, GI Bills Enacted Prior to 2008 and Related Veterans' Education
Assistance Programs: A Primer, October 6, 2017, https://
www.everycrsreport.com/files/20171006--R42785--
0725bac1b4aa2ba9114163d90e28a8f569e9a7d9.pdf; and Melissa Murray,
``When War Is Work: The G.I. Bill, Citizenship, and the Civic
Generation,'' California Law Review 96, no. 967 (2008), http://
scholarship.law.berkeley.edu/californialawreview/vol96/iss4/3.
\18\ Robert M. Worley II, William Hubbard, and Kathleen Moakler,
``An Update on the Implementation of the Forever GI Bill, the Harry W.
Colmery Educational Assistance Act of 2017,'' testimony before
Committee on Veterans' Affairs, US House of Representatives, December
12, 2017, https://veterans.house.gov/calendar/
eventsingle.aspx?EventID=2006.
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The VA's high-potential economic opportunity programs are being
smothered by the disability programs in the VBA. Established in 1917,
the disability system the VA uses is an industrial age-focused model
that is 60-plus years behind the information age. It views a service-
connected condition only through the terms of a permanent earnings loss
and works as a perverse incentive against veterans entering the
workforce. This automatically undercuts the economic opportunity
programs. Consequently, the very VA programs veterans stand most to
profit by are operating with the proverbial millstone around their
necks.
Given the current atmosphere of concern about veterans' successful
reintegration into civil society, juxtaposed against the VA's
acknowledged need to modernize, sound public policy requires some VA
reorganization of its benefits programs currently within VBA. As it
currently stands, at the structural bottom of the VBA totem pole,
obstructed from the VBA under secretary's view, reside the economic
opportunity and transition assisting programs.
Given the demonstrated need and desires of veterans, and the VA's
own stated priorities, this is an ideal moment to place the VA's
economic opportunity programs under the authority of an under secretary
for veterans economic opportunity and transition assistance, as
outlined in the VET OPP Act. In creating the position, Congress and the
president would enable the VA to instigate a minor structural
reorganization that would yield major positive outcomes.
The VEOTA would be charged with administering all the VA programs
that provide assistance related to economic opportunity to veterans,
their dependents, and survivors. This would include the existing
educational assistance programs, vocational rehabilitation and
employment programs, education and career counseling programs,
veterans' housing loan and related programs, veterans' business loan
programs, the database of veteran-owned businesses, and the broadly
defined transition assistance program, which the VA shares
responsibility for with the Departments of Labor, Defense, and Homeland
Security. \19\
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\19\ See 10 USC Sec. 1144, https://www.law.cornell.edu/uscode/
text/10/1144.
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A collection of these programs already falls under the Office of
Economic Opportunity (OEO) in the VBA. Created in 2011, the OEO was
established to oversee Education Service, Vocational Rehabilitation and
Employment Service, Loan Guaranty Service, and the Office of Employment
and Economic Impact. According to the current Functional Organizational
Manual, this office is one of seven reporting to the under secretary of
benefits leading the VBA. Even a quick perusal of the manual reveals a
Forbidden Forest of bureaucratic layers-both within the VA and the VBA-
that is preventing the OEO from much progress in meeting its stated
goal to ``coordinat[e] initiatives, projects, and procedural changes''
within the VA and across government by ``promot[ing] economic
opportunities for Veterans.'' \20\
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\20\ US Department of Veterans Affairs, Functional Organization
Manual v4.0: Description of Organization Structure, Missions,
Functions, Activities and Authorities, 2017, https://www.va.gov/VA--
Functional--Organization--Manual--Version--4.pdf.
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Establishing the VEOTA would streamline and energize existing VA
programs with a documented history of successful outcomes. It is not an
excuse to grow government bureaucracy. It is a practical solution to
the VA's structural difficulties in delivering promised benefits to
veterans. It emphasizes how positive growth for the veteran can occur
through the post-service transition. It provides a concrete way for the
VA to meet its own stated goals of providing a whole-health model of
care for veterans. And it caters to veterans' demonstrated needs for
economic opportunity, to enable post-service growth and well-being in
the 21st century.
Transition Assistance in the Whole-Health Model of Care
More than 20 years ago, the 1996 Congressional Commission on
Servicemembers and Veterans Transition Assistance conducted the most
comprehensive review of veterans' benefits since the Bradley Commission
in 1956. Since many of the benefits and services were established in
the waning days of World War II, Congress tasked the commission to
examine everything meant to help service members transition to civilian
life. The commission was then to propose modernizing measures and
improvements, including consolidating and eliminating the administering
organizations. \21\
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\21\ Veterans' Benefits Improvements Act of 1996, Pub. L. 104-275
(1996), https://www.gpo.gov/fdsys/pkg/PLAW-104publ275/content-
detail.html.
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The commission acknowledged the success of the original GI Bill's
education and employment provisions. These included traditional
education assistance and vocational training for nondisabled veterans;
rehabilitation training; home, business, and farm loans; job counseling
and employment placement services; and an unemployment benefit. But the
commission bridged the post-Industrial Revolution time span between
1944 and 1996 with a declaration: ``If employment is the door to a
successful transition to civilian life, education will be the key to
employment in the information age.'' \22\ Still in a pre-9/11, pre-War
on Terror atmosphere, the commission was concerned that the 20th-
century structural system of benefits the VA oversaw was outmatched by
the actual needs of veterans in the 21st century.
---------------------------------------------------------------------------
\22\ Congressional Commission on Servicemembers and Veterans
Transition Assistance, ``Congressional Commission on Servicemembers and
Veterans Transition Assistance Final Report,'' January 14, 1999, 3,
https://ntrl.ntis.gov/NTRL/dashboard/searchResults/titleDetail/
PB2006113212.xhtml.
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The commission found ``in some cases, benefits and services have
become so outdated, and program management so ineffective that they
break faith with those who served, and currently serve, their Nation in
uniform.'' \23\ The commission therefore distinguished between benefits
and services that directly help service members readjust to civilian
life and those that offered mitigated or delayed compensation ``for the
hardships of military duty,'' \24\ opportunities lost or deferred by
performing military service, or treatment or rehabilitation for
injuries incurred while on active duty.
---------------------------------------------------------------------------
\23\ Congressional Commission on Servicemembers and Veterans
Transition Assistance, ``Congressional Commission on Servicemembers and
Veterans Transition Assistance Final Report,'' 1.
\24\ Congressional Commission on Servicemembers and Veterans
Transition Assistance, ``Congressional Commission on Servicemembers and
Veterans Transition Assistance Final Report,'' 1.
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The nation and its veterans historically have shifted emphasis
between these types of programs according to the concerns of the
moment. After World War I, the 1918 Smith-Sears Veterans Rehabilitation
Act, also known as the Soldiers Rehabilitation Act, recognized the
demands that a rapidly growing manufacturing economy placed on
individuals' commercial abilities. It emphasized vocational
rehabilitation courses for injured soldiers, so that they could return
to their old jobs or enter new occupations and ``carry on a gainful
occupation.'' \25\ This was bookended by compensation legislation
specifically addressing financial and personal opportunities perceived
to be lost by performing military service. \26\
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\25\ Smith-Sears Veterans Rehabilitation Act, Pub. L. 65-178
(1918).
\26\ US Department of Veterans Affairs, VA History in Brief,
https://www.va.gov/opa/publications/archives/docs/history--in--
brief.pdf. Jennifer D. Keene offers a more detailed discussion of the
link between World War I veterans and government-sponsored compensation
for perceived wages and opportunities lost by military service that has
much to do with the conscripted nature of much of the American
Expeditionary Forces. ``By 1920, veterans increasingly agreed, as one
told Theodore Roosevelt Jr., that during the war `they were in the
country's employ at the request of the country.' To those who asked,
Roosevelt did his best to explain their reasoning. `To begin with in
considering this problem you must take as a premise the draft,' he
noted. During the war, the federal government had decided who worked in
civilian society and who entered the military. Civilian workers had
received the highest wages in American history while citizen-soldiers
labored for thirty dollars a month. . . . In veterans' eyes, the
government now had the postwar responsibility of compensating soldiers
fairly. `All we seek is justice,' explained one veteran, `and justice
likewise demands that some of these [war] profits be now conscripted to
pay this debt to the returned soldier.''' Jennifer D. Keene, Doughboys,
the Great War, and the Remaking of America (Baltimore, MD: John Hopkins
University Press, 2001), 161-78.
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As already described, the post-World War II GI Bill further shifted
post-service benefits toward education in general. In fact, the
Congressional Research Service dates the VA's education assistance
benefits as beginning with the 1944 bill. \27\ The Congressional
Research Service notes that a consistent theme of all GI Bill-type
programs since 1944 is to ``promote development of work-related skills
to facilitate entry or re-entry into the civilian workforce.'' \28\ It
is this theme that the 1996 Transition Commission stresses.
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\27\ Congressional Research Service, ``GI Bills Enacted Prior to
2008 and Related Veterans' Educational Assistance Programs.''
\28\ Congressional Research Service, ``GI Bills Enacted Prior to
2008 and Related Veterans' Educational Assistance Programs,'' 1.
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``Returning to private life after serving in the military is a very
complex undertaking,'' former Deputy Under Secretary of Defense
(Military Community and Family Policy) Leslye Arsht observed in
response to the Transition Commission recommendations. ``To assist them
in doing so, we must empower servicemembers with the tools and
information they need to fashion individual solutions to the challenges
they will face in civilian life.'' \29\ Anthony Principi, the former
chairman of the Transition Commission and former VA secretary, added:
``The ultimate measure of successful transition from military to
civilian life is long-term, sustained employment.'' \30\
---------------------------------------------------------------------------
\29\ Leslye A. Arsht, testimony before the Subcommittee on Economic
Opportunity Oversight, Committee on Veterans' Affairs, US House of
Representatives, December 7, 2006, https://www.gpo.gov/fdsys/pkg/CHRG-
109hhrg31325/html/CHRG-109hhrg31325.htm.
\30\ Anthony J. Principi, testimony before the Subcommittee on
Economic Opportunity Oversight, Committee on Veterans' Affairs, US
House of Representatives, December 7, 2006, 6, https://www.gpo.gov/
fdsys/pkg/CHRG-109hhrg31325/pdf/CHRG-109hhrg31325.pdf.
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Ten years after the Transition Commission was formed, both Arsht
and Principi were concerned that the VA's suite of resources was still
tailored to ``the needs of a century gone by.'' \31\ Rather than
helping veterans reenter an economy based on manufacturing and
agriculture, the VA needed to orient its programs toward a services-
and information-dominated economy. Furthermore, the VA needed to be
taking into account the fault line that seemed to have developed
between those who volunteered to serve and decision makers in
government, business, labor, academia, and the media, as the Gulf War
and post-9/11 conflicts reinforced America's reliance on a professional
all-volunteer force and avoidance of conscription. Echoing the
Transition Commission, Arsht and Principi emphasized that, with this in
mind, Congress, the DOD, and the VA needed to especially rethink
education assistance as a benefit of service to potential recruits.
\32\
---------------------------------------------------------------------------
\31\ Congressional Commission on Servicemembers and Veterans
Transition Assistance, ``Congressional Commission on Servicemembers and
Veterans Transition Assistance Final Report.''
\32\ Congressional Commission on Servicemembers and Veterans
Transition Assistance, ``Congressional Commission on Servicemembers and
Veterans Transition Assistance Final Report.''
---------------------------------------------------------------------------
Beyond anecdotal evidence that this remains true in 2018, a wealth
of scholarship and empirical data gathered from diverse surveys
reinforces how pivotal the framing of the VA's education benefits is
for the VA's message of 21st-century economic opportunity for veterans.
\33\ It is equally pivotal for civilian employers and the taxpayer
community at large to see veterans as a unique national resource in
order for the nation to capitalize on its investment in its soldiers'
training and development. It is illuminating in this regard to examine
veteran employment through the lens of the military-civilian divide.
This reveals how education is the crossroads for both veterans and
employers.
---------------------------------------------------------------------------
\33\ Hazel R. Atuel et al., ``Veteran Employment in the 21st
Century,'' in The Civilian Lives of U.S. Veterans: Issues and
Identities, vol. 1, eds. Louis Hicks, Eugenia L. Weiss, and Jose E.
Coll (Santa Barbara, CA: Praeger, 2017), 161-79.
---------------------------------------------------------------------------
Two decades of veteran employment research show that both
individual- and group-level factors, involving psychological elements
for the person and cultural elements tied to group functioning, work to
``ease or impede'' veterans' successful transition from the military to
civilian workforce. \34\ This is bidirectional, reflecting both the
veteran employee's and the civilian employer's perspectives. The
veteran perceives his or her transition as having to negotiate
military-civilian identities while navigating a civilian society and
integrating into a civilian workforce. \35\ The employer may or may not
know how to translate the veterans' military skills and experience to
the workplace (generally the employer does not feel adequate to do
this), but he or she does believe that the veteran lacks communication
skills. \36\ A majority of potential employers express openness to
hiring veterans yet also some concern about veterans as employees,
often linked to their perceived lack of translatable skills but
sometimes linked to the ``broken veteran'' narrative. \37\
---------------------------------------------------------------------------
\34\ Atuel et al., ``Veteran Employment in the 21st Century.''
\35\ Forces in Mind Trust, ``The Transition Mapping Study:
Understanding the Transition Process for Service Personnel Returning to
Civilian Life,'' August 2013, http://www.fim-trust.org/wp-content/
uploads/2015/01/20130810-TMS-Report.pdf.
\36\ Martin Berman-Gorvine, ``'Skills Translation' Crucial for
Hiring Veterans,'' Berkshire Associates, October 2, 2017, https://
www.berkshireassociates.com/balanceview/skills-translation-crucial-for-
hiring-veterans. See also Nicholas J. Armstrong et al., Implementation
Assessment of Executive Order 13518-The Veterans Employment Initiative,
Syracuse University, Institute for Veterans and Military Families,
2017, https://ivmf.syracuse.edu/wp-content/uploads/2017/12/OPM-REPORT--
Veterans-Employment-InitiativeFINAL-DIGITAL12.13.17-4.pdf; and P.
Wesley Routon, ``The Effect of 21st Century Military Service on
Civilian Labor and Educational Outcomes,'' Journal of Labor Research
35, no. 15 (2014): 15-38, https://doi.org/10.1007/s12122-013-9170-4.
\37\ Sara Kintzle et al., Exploring the Economic & Employment
Challenges Facing U.S. Veterans: A Qualitative Study of Volunteers of
America Service Providers & Veteran Clients, University of Southern
California Center for Innovation and Research on Veterans & Military
Families, 2015, https://www.voa.org/pdf--files/a-study-of-volunteers-
of-america-service-providers-and-veteran-clients.
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In summary, the majority of potential employers believe veterans
need more training or additional education, particularly in ``soft
skills'' such as communication, before they are ready for careers in
the civilian sector. Veterans tend to agree with this assessment, while
50 percent of current service members believe their military experience
and skills are easily transferable to the private sector. Regardless,
both veterans and employers nearly unanimously agree on the benefit of
internship or apprenticeship programs for veterans as they seek to
reenter the civilian workforce-both traditional employment learning
paths. \38\ And, as already noted, post-9/11 veterans especially see
education as crucial to their continued success. \39\
---------------------------------------------------------------------------
\38\ Edelman Insights, ``2017 Veterans' Well-Being Survey: Focus on
Employment, Education and Health,'' October 2017, https://
www.slideshare.net/EdelmanInsights/2017-veterans-wellbeing-survey.
\39\ Zoli, Maury, and Fay, Missing Perspectives.
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Truly, as the Transition Commission noted, education is the key to
employment in the 21st century, and employment is the door to a
successful transition to civilian life. Given this reality, it behooves
the nation to ``provide transitioning service members with the means
and opportunity to succeed in their civilian lives and to invest their
talent and ability in the American economy.'' \40\ Existing VA programs
already have the infrastructure to do this. All that is lacking is a
structural reorientation of these programs in alignment with 21st-
century realities.
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\40\ Congressional Commission on Servicemembers and Veterans
Transition Assistance, ``Congressional Commission on Servicemembers and
Veterans Transition Assistance Final Report,'' 2.
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The national discussion surrounding veterans does not need to cling
to outdated and inaccurate portrayals of their abilities and their
service experience. But so long as national institutions and
legislation imply that veterans are broken, through a monotone emphasis
on clinical mental health resources being the only resources to safely
transition veterans to civilian status, such an impression will
persist. And it will persist in damaging the very population those
resources are designed to help.
Conclusion: Reorienting the Veteran Narrative
Public office holders, military and civilian observers, and
veterans agree that the transition to being a civilian is fraught with
difficulties in our contemporary society. Legislators have responded
primarily by passing legislation that emphasizes mental health, despite
the supermajority of veterans suffering from transition stress rather
than adverse mental health issues. President Trump has also responded
by issuing an executive order that calls for expanding access to mental
health resources for veterans but opens the door to numerous additional
approaches to support veterans in their transition to civil society.
While mental health resources for veterans are essential, they
represent only one element of a whole-health model of care. Economic
opportunity programs represent the counterweight to clinical mental
health resources. Naturally clustered around education benefits,
economic opportunity programs signal post-service personal growth and
economic and social wellness. Both veterans and employers believe that
education is key to successful civilian employment, and empirical data
shore up that belief by showing how veterans with increased levels of
education are wealthier, healthier, and more civically engaged than
even their civilian peers over the life course.
This is the veteran narrative that should dominate in our society.
Legislation that emphasizes the possibility-likelihood even-of post-
service growth through its focus on educational and economic
opportunity programs has the trendsetting power to shift the veteran
narrative toward a positive veteran image. Congress can initiate this
shift by legislating a structural reorganization within the VA that
establishes an under secretary for veterans economic opportunity, with
the authority to guide already existing VA educational and economic
opportunity programs toward 21st-century needs and desired outcomes.
In a 24/7 media-driven culture that accosts us every day in every
way, how we publicly portray veterans is directly related to the image
of military service and what happens to an individual during that
service. Ultimately, Congress has the responsibility to consider this
and address it seriously. They have the constitutional responsibility
to ensure that the nation is defended adequately, as much as the
responsibility to care for the reputations and physical bodies of those
``who have borne the battle.'' \41\
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\41\ Abraham Lincoln, ``Second Inaugural Address,'' March 4, 1865,
http://avalon.law.yale.edu/19th--century/lincoln2.asp.
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Thank you again for the honor of this opportunity. I look forward
to answering any questions from the committee.
Statements For The Record
THE DEPARTMENT OF DEFENSE
Chairman Arrington, Ranking Member O'Rourke, and members of the
Subcommittee, the Department of Defense (DoD) appreciates the
opportunity to provide this statement for the record addressing
legislation pending before the Subcommittee. This statement will focus
on only those bills that will affect DoD; we defer to the Department of
Veterans Affairs to provide responses on those bills with no
significant DoD impacts.
H.R. 5649, Navy SEAL Chief Petty Officer William ``Bill'' Mulder (Ret.)
Transition Improvement Act of 2018
This bill amends titles 10 and 38, U.S. Code and directs the
Secretaries of Veterans Affairs, Defense, Labor, and Homeland Security,
and the Administrator of the Small Business Administration to take
certain actions to improve transition assistance to members of the
Armed Forces who separate, retire, or are discharged from the Armed
Forces and for other purposes.
The Department objects to this proposed legislation due to
significant concerns identified during our review. Current interagency
data and Service member feedback availability indicates that the
Transition Assistance Program (TAP) works well in meeting the needs of
our transitioning Service members. Despite anecdotal comments, the
Department has yet to see strong data or evidence to the contrary that
would indicate the need to revamp TAP with remedial legislation.
Further, we have several interagency evaluation efforts underway (for
example, a quasi-experimental study led by the Department of Labor, a
long-term outcomes study led by Army, and a Post-Separation Assessment
led by the Department of Veterans Affairs) that will provide even more
robust evidence to determine what improvements should be made to the
TAP. Therefore, this proposed legislation is premature and likely
unnecessary for improving Service member transition outcomes. While
refinements and improvements can always be made to programs (we
continue to update this program annually), changes must be founded on
evidence-based decision making. As such, we urge Congress to allow time
for the TAP interagency governance team to collect and analyze the data
from our currently in-progress interagency evaluation efforts, before
any mandated changes to the TAP be enacted.
DoD and its partners are extremely careful when implementing
changes that impact approximately 200,000 transitioning Service members
(including National Guard and Reserve) each year. The Department
strongly recommends making program changes that uses evidence-based
decisions, centered on program evaluation efforts. When changes are
implemented, we prefer to experimentally evaluate TAP changes via a
pilot study before full-scale implementation. If the pilot confirms the
proposed changes result in a more positive outcome for transitioning
Service members, we would then implement them more broadly.
H.R. 2409, Servicemembers Civil Relief Act Amendment to Terminate
Service Contracts
This bill amends the Servicemembers Civil Relief Act (SCRA) to
allow a Service member to terminate a commercial mobile, telephone
exchange, Internet access, or multichannel video programming service
contract at any time after the date the service member receives
military orders to relocate for at least 90 days to a location that
does not support such service contract. The Department supports this
provision. Currently, the law permits Service members to terminate
vehicular and property leases as well as cellular telephone service or
telephone exchange service contracts. This provision is a common sense
expansion that ensures Service members are not forced to continue
paying costly service contracts when they are required to move because
of military obligations before completion of those service contracts.
Service members Civil Relief Act Amendment to Terminate Leases by
Spouse
This amendment to the SCRA allows for the termination by a spouse
of a lessee of certain leases when the lessee dies while in military
service. The Department supports this provision. Spouses often move to
locations they would not otherwise relocate to because of the military
orders of their Service member spouse. When the Service member dies in
military service, the spouse may be forced to pay costly leases that
they entered into only because of their spouse's military service. This
provision would rectify the issue and provide relief to a grieving
spouse from leases that are no longer necessary following an active
duty spouse's death.
The Department of Defense thanks the Subcommittee for the
opportunity to submit a testimony for the record. We're grateful for
your continuing support of our Service members and Veterans.
U.S. DEPARTMENT OF JUSTICE
Chairman Arrington, Ranking Member Walz, and distinguished Members
of the Subcommittee, thank you for the opportunity to present the views
of the Department of Justice (``Department'') on pending legislation
amending the Servicemembers Civil Relief Act (``SCRA''), 50 U.S.C.
Sec. 3901, et seq.
The Justice Department is proud to serve our nation's men and women
in uniform, who make great personal sacrifices in service to our
country. The Department is committed to protecting servicemembers'
rights by prioritizing vigorous enforcement of the SCRA. The SCRA
provides protections for military members as they enter active duty and
covers such issues as mortgage foreclosures, default judgments, vehicle
repossessions, lease and other contract terminations, and interest
rates, among other protections.
These protections are in place because servicemembers should not
have to worry that during their military service their cars will be
repossessed, their homes will be foreclosed on, or their spouses and
children will be evicted. Over the past decade, the Department's SCRA
enforcement efforts have resulted in over $467 million in monetary
relief awarded to over 119,000 servicemembers.
In addition to our enforcement work under the SCRA, the Department
has launched the Servicemembers and Veterans Initiative
(``Initiative''). The Initiative's goal is to coordinate and expand the
Department's existing efforts to protect servicemembers and veterans
through outreach, enforcement assistance, and training. Since January
1, 2017, the Initiative has presented on the SCRA, veteran employments
rights, and other Department efforts related to servicemembers and
veterans at 27 events nationwide attended by approximately 3,725
servicemembers and legal professionals across all five branches of the
military.
H.R. 2409
To allow servicemembers to terminate their cable, satellite
television, and Internet access service contracts while deployed.
Section 3956 of the SCRA, 50 U.S.C. Sec. 3956, currently allows
servicemembers to terminate cellular telephone service contracts if
they receive orders to relocate for a period of at least 90 days to a
location that does not support the contract. H.R. 2409 would expand
this protection to allow servicemembers to also terminate cable,
satellite television, and Internet access services, provided the same
conditions are met.
The Department of Justice supports the goals of H.R. 2409, which
would improve the SCRA by updating the legislation to contemplate newer
technologies used by servicemembers.
We look forward to working with the Subcommittee on any technical
assistance needed to advance this important amendment.
H.R. --------
To amend the Servicemembers Civil Relief Act to provide for the
termination by spouse of a lessee of certain leases when the lessee
dies while in military service.
Section 3955 of the SCRA, 50 U.S.C. Sec. 3955, currently permits
servicemembers to terminate residential leases ``at any time after . .
. the date of the lessee's military orders.'' 50 U.S.C.
Sec. 3955(a)(1). This protection applies to individuals who enter
military service and servicemembers who, ``while in military service,
execute[] a lease and thereafter receive[] military orders for a
permanent change of station or to deploy with a military unit, or as an
individual in support of a military operation, for a period of not less
than 90 days.'' Id. at Sec. 3955(b)(1). Proposed bill H.R. ---- would
amend Section 3955 to permit the spouse of a fallen servicemember to
terminate a residential lease entered into by that servicemember if
that military member died while in military service. The ability to
terminate such a lease would exist for the one-year period beginning on
the date of the servicemember's death.
The Department supports the goals of this draft bill. We look
forward to working with the Subcommittee on any technical assistance
needed to advance this important amendment.
The Department appreciates the opportunity to submit its views on
servicemembers civil rights legislation currently pending before the
Subcommittee. We stand ready to provide any technical assistance on the
bills discussed above and will strive to work with the Subcommittee in
advancing important legislative efforts to strengthen the SCRA.
NATIONAL GUARD ASSOCIATION OF THE UNITED STATES, INC.
March 27, 2018
The Honorable Scott Peters
United States House of Representatives
1122 Longworth House Office Building
Washington, D.C. 20515
The Honorable Jack Bergman
United States House of Representatives
414 Cannon House Office Building
Washington, D.C. 20515
Dear Congressman Peters and Congressman Bergman,
On behalf of the 45,000 members of the National Guard Association
of the United States (NGAUS) and the nearly 500,000 soldiers and ainnen
of the National Guard, please accept our sincere thanks for your
leadership in introducing the Reserve Component Vocational
Rehabilitation Parity Act. NGAUS strongly supports this bill.
The Reserve Component Vocational Rehabilitation Parity Act is a
commonsense, bipartisan solution to provide Guardsmen and Reservists,
who deploy under 12304b orders, the ability to extend their eligibility
in the Veterans Affairs (VA) Vocational Rehabilitation and Employment
(VR&E) services. The proposed legislation aims to remove the current
12-year cap on servicemembers access to VR&E services, which assist our
Guardsmen with job training, resume development, and job-seeking skills
coaching.
Your proposed legislation will significantly help to correct the
numerous benefits not afforded to members of the National Guard under
12304b orders. Furthermore, the Reserve Component Vocational
Rehabilitation Parity Act strives to aid Guardsmen as they make the
transition from the military to civilian careers.
We urge the passage of this vitally important bill to ensure
benefit parity for Guardsmen while simultaneously providing them tools
for success in their post-military careers. We look forward to
continuing to work with you and your staffs to ensure the passage of
the Reserve Component Vocational Rehabilitation Parity Act. Thank you,
as always , for your continued support of the men and women of the
National Guard.
Sincerely,
Brigadier General (Ret.)
President, NGAUS
PARALYZED VETERANS OF AMERICA
Chairman Arrington, Ranking Member O'Rourke, and members of the
Subcommittee, Paralyzed Veterans of America (PVA) would like to thank
you for the opportunity to submit our views on legislation pending
before the Subcommittee.
H.R. 2409
PVA supports H.R. 2409, which would allow servicemembers to
terminate their cable, satellite television, and internet access
service contracts while deployed. Currently, the Servicemembers Civil
Relief Act allows servicemembers to cancel their mobile phone service
if they are deployed or receive relocation orders to an area not
covered by their current provider. H.R. 2409 would extend that
protection to servicemembers' contracts for cable, satellite
television, and internet access. As a result of this legislation,
providers would be required to refund any prepaid fees and prohibited
from assessing any early termination costs. This bill would help
servicemembers by relieving them of these financial concerns when
planning for a relocation or deployment.
H.R. 5452, the ``Reduce Unemployment for Veterans of All Ages Act of
2018"
PVA strongly supports H.R. 5452, the ``Reduce Unemployment for
Veterans of All Ages Act of 2018,'' which would eliminate the 12-year
limit on eligibility for VA's Vocational Rehabilitation and Employment
(VR&E) services. A veteran's eligibility period for receiving services
from VR&E is for a 12-year period beginning on either: (1) the date of
separation from military service, or (2) the date the veteran receives
a VA disability rating. In order to receive services, a veteran must
need vocational rehabilitation to overcome employment barriers due to a
service-connected disability.
The current 12-year delimiting date is insufficient to meet the
vocational rehabilitation needs of veterans who have incurred
significant disabilities. Many conditions worsen overtime and increase
disability-related limitations. At any time in their lives, veterans
with service-connected disabilities should be able to access VR&E
services to allow them to return to work. Unnecessarily limiting access
to VR&E services sentences these veterans to a lifetime of decreased
opportunities.
H.R. 5538
PVA supports H.R. 5538, a bill that would expand the types of
active duty mobilizations for which VA may not penalize a veteran who
must subsequently suspend or discontinue participation in VA's VR&E
program. Ensuring access to VR&E services is critical to helping
veterans with disabilities return to and remain in the workforce.
Expanding 38 U.S.C. Sec. 3105 to include periods of activation in
response to a major disaster or emergency and preplanned missions in
support of a combatant command will protect more veterans in their
pursuit of assistance through VR&E.
H.R. 5644, the ``Veterans' Education, Transition, and Opportunity
Prioritization Plan Act of 2018 (VET OPP Act)"
PVA strongly supports H.R. 5644, the ``Veterans' Education,
Transition, and Opportunity Prioritization Plan Act of 2018 (VET OPP
Act).'' This legislation would create a new administration within VA
that would include the agency's education, training, employment, and
other programs focused on helping veterans as they transition to
civilian life. The Veterans Economic Opportunity and Transition
Administration would be headed by an Under Secretary for Veterans
Economic Opportunity and Transition.
Two of the programs that would transition to the new administration
include VA's VR&E program and the Specially Adapted Housing (SAH)
program. These programs are relatively small in terms of budget and
numbers of veterans served. However, these programs are absolutely
vital to veterans who have catastrophic disabilities as a result of
their military service. Without them, these veterans would not be able
to access independent living services or adapt their homes to meet
their disability-related access needs.
Unfortunately, these programs, along with other VA economic
opportunity programs, simply are not able to receive the staffing, IT,
and other supports needed due to their position within the Veterans
Benefits Administration (VBA). VBA plays the crucial rule of providing
needed disability compensation and pension benefits to veterans.
Removing programs like VR&E from VBA's list of responsibilities will
not only allow for more attention to be placed on those programs but it
will also allow VBA to better focus on processing claims for
compensation and pension benefits.
Under an Economic Opportunity and Transition Administration,
programs like VR&E and SAH will receive a higher level of visibility.
This increased visibility will foster stronger oversight and
accountability for the delivery of services and benefits. We believe
that such oversight and accountability will help to foster the
innovation needed to ensure that the delivery of these benefits and
services are modernized. It will also allow for focused collaboration
with other agencies and programs, including the Department of Labor's
Veterans' Employment and Training Service that also serve veterans.
This will increase program efficiencies by ensuring programs coordinate
their efforts.
H.R. 5649, the ``Navy SEAL Chief Petty Officer William `Bill' Mulder
(Ret.) Transition Improvement Act of 2018"
PVA supports H.R. 5649, the ``Navy SEAL Chief Petty Officer William
`Bill' Mulder (Ret.) Transition Improvement Act of 2018.'' This bill
would make the first significant changes to the Transition Assistance
Program (TAP) since 2011. The proposed reforms would require
transitioning servicemembers to focus on training that will better
assist them in preparing for their individual journeys following their
service. Instead of a blanket policy, these new pathways will be
designed to address the needs of servicemembers based on several
factors including disability, character of discharge, and health
(including mental health). Specific training opportunities include
preparation for employment, education, vocational training, and
entrepreneurship. Servicemembers would also be required to take part in
transition counseling a year prior to separation.
For veterans who have experienced a catastrophic disability, the
transition from military service begins abruptly. The needs of these
veterans as they transition must be carefully considered as they must
be informed of not only the compensation and health benefits and
services available to them through VA but also the options available
for helping them to transition into some type of meaningful employment.
We are pleased to see that the pathways take into account not only a
servicemembers' disability, but also other life factors that can impact
their future choices and opportunities.
More effort is needed, however, to help veterans transitioning
after acquiring a catastrophic disability to be fully aware of the
opportunities still available to them. Servicemembers who are
catastrophically injured and enter into the Integrated Disability
Evaluation System (IDES) can be forced to endure long wait times until
they are discharged keeping them from receiving thousands of dollars in
disability benefits from VA and delaying their transition to work or
education. These delays can cause veterans to lose hope and hinder
movement forward.
This legislation would also make other changes designed to ensure
greater access to TAP training, test the efficacy of community
providers assisting in transition, and evaluate the success of TAP's
content and process. Specifically, it would authorize a five-year pilot
to help community organizations in providing transition services. It
would also require an independent assessment of the TAP curriculum to
make sure that it is effective and commission a five-year longitudinal
study to determine whether changes made to TAP increase veterans'
transition success.
The longitudinal study provides a real opportunity to also
determine the impact that disability has on transition. PVA fully
supported the creation of a longitudinal study for clients of VA's VR&E
program. We believe that it could be helpful to make connections
between veterans who complete TAP and who also participate in VR&E.
Such a view would allow for a truly long-term view of the ability of
veterans with catastrophic disabilities to reintegrate into the
workforce and their communities.
Draft legislation, a bill to amend the Servicemembers Civil Relief Act
to provide for the termination by a spouse of a lessee of certain
leases when the lessee dies while in military service
PVA supports the intent of the draft legislation which would allow
a spouse to terminate certain leases held by a servicemember spouse who
dies while in military service. Currently, the Servicemembers Civil
Relief Act allows for automotive and property leases to be terminated
if the servicemember receives relocation orders. The draft bill would
allow these leases to be terminated by the spouse of a servicemember if
the servicemember dies during his or her military service.
Although PVA supports the draft language, we believe that spouses
of servicemembers who sustain catastrophic injuries during service
should also be provided the option to terminate their leases. For
example, when a servicemember sustains a spinal cord injury, he or she
could spend over a year in rehabilitation facilities, possibly not in
the same area where a leased property is located. Furthermore, a car or
property could be completely inaccessible for someone needing the use
of a wheelchair. Under these circumstances, these automotive and/or
property leases could create an undue hardship on the spouse of the
servicemember since it could add more financial responsibilities for
the spouse to address.
TRAGEDY ASSISTANCE PROGRAM FOR SURVIVORS (TAPS)
Tragedy Assistance Program for Survivors (TAPS) is the national
organization providing compassionate care for the families of America's
fallen military heroes. TAPS provides peer-based emotional support,
grief and trauma resources, grief seminars and retreats for adults,
`Good Grief Camps' for children, case work assistance, connections to
community-based care, and a 24/7 resource and information helpline for
all who have been affected by a death in the Armed Forces. Services are
provided to families at no cost to them. We do all of this without
financial support from the Department of Defense. TAPS is funded by the
generosity of the American people.
TAPS was founded in 1994 by Bonnie Carroll following the death of
her husband in a military plane crash in Alaska in 1992. Since then,
TAPS has offered comfort and care to more than 75,000 bereaved
surviving family members. For more information, please visit
www.TAPS.org.
TAPS currently receives no government grants or funding.
Chairman Arrington, Ranking Member O'Rourke and distinguished
members of the Economic Opportunity Subcommittee of the House Veterans'
Affairs Committee, the Tragedy Assistance Program for Survivors (TAPS)
thanks you for the opportunity to make you aware of issues and concerns
of importance to the families we serve, the families of the fallen.
While the mission of TAPS is to offer comfort and support for
surviving families, we are also committed to improving support provided
by the Federal government through the Department of Defense (DoD) and
the Department of Veterans Affairs (VA), Department of Education
(DoED), state governments and local communities for the families of the
fallen - those who fall in combat, those who fall from invisible wounds
and those who die from illness or disease.
TAPS offers this statement today in support of a draft bill
entitled ``To amend the Servicemembers Civil Relief Act to provide for
the termination by a spouse of a lessee of certain leases when the
lessee dies while in military service.''
TAPS is the national nonprofit organization providing comfort, care
and resources to all those grieving the death of a military loved one.
We do this through TAPS' four pillars of support:
Peer-Based Emotional Support brings together military survivors at
Seminars, Retreats, Camps, and Expeditions. Since 1994, TAPS has
provided over 75,000 grieving military families with a safe and
comforting environment where, through peer connections, hope is found,
healing begins and critical coping skills are acquired, establishing a
healthy foundation for life after loss.
National Military Survivor Helpline stands ready around the clock,
staffed by trained peer professionals, as a critical lifeline for
military survivors. Over 15,000 per year are given attention and
compassionate care, delivering comfort and connection to the
comprehensive resources of TAPS.
Community Based Care offers critical connections for the 14+ new
bereaved survivors who come to TAPS each day. In addition to all TAPS
provides, comfort is delivered close to home through access to the
following:
appropriate local grief and trauma support services;
unlimited free clinical grief counseling for all;
online grief and trauma support groups and services; and
access to TAPS publications and resources.
Casework Assistance provides survivors guidance in navigating the
often-complex network of government benefits, as well as access to
emergency financial assistance in cases of hardship. Families of the
fallen can connect to all available public and private resources,
including education benefits for children and widows, state benefits
and services, and private assistance for surviving military families.
TAPS keeps an extensive database to track the care and support we
provide to surviving families. In researching information for this
testimony we discovered only one case where a surviving spouse was not
allowed to be released from a lease upon the death of her servicemember
husband. TAPS casework assistance connected her with our pro bono legal
partner and they were able to get her released from her lease.
We also queried several of our government partners to see if they
had encountered any problems with surviving spouses being held to their
leases after the active duty death of their servicemember. They had not
encountered any spouses who had this problem.
That said, there may be many surviving spouses, including the
spouse in Representative Busto's district, who encounter a reluctance
on the part of their landlord to release them from their lease after
the active duty death of their servicemember and may be forced to pay
extra rent or termination fees. We applaud Representative Busto for
providing a remedy for this undue burden during a time of grief.
We believe that the language to amend the SCRA included in this
proposed legislation ``The spouse of the lessee on a lease may
terminate the lease during the one-year period beginning on the date of
the death of the lessee, if the lessee dies while in military service''
serves to codify what should already be an act of kindness and civility
towards a recently bereaved military surviving spouse.
The history of the Servicemembers Civil Relief Act dates back to
Civil War, when a moratorium was passed to suspend certain actions
against Union soldiers and sailors. This included contract enforcement,
bankruptcy, foreclosure and divorce proceedings. This was codified in
the Soldiers' and Sailors' Civil Relief Act of 1918. That act expired
after World War I, but it came back as the Soldiers' and Sailors' Civil
Relief Act (SSCRA) of 1940.
The Servicemembers Civil Relief Act of 2003 (SCRA), 50 USC App
Sec. Sec. 501-596, signed into law on December 19, 2003 and amended
December 10, 2004, completely rewrote and replaced the Soldiers' and
Sailors' Civil Relief Act (SSCRA) of 1940. The SCRA (and previously the
SCCRA) protects those persons who serve on active duty for the nation's
defense, from adverse consequences to their legal rights that may
result because of such service, so that such persons may devote their
full attention and all their energies to the nation's defense. The SCRA
strengthens the protections originally granted by the SSCRA, extends
certain protection for dependents of the member on active duty, and
creates new protections for members. The SCRA provides protection for
members in civil court and administrative actions. It also provides
protections for issues involving taxation, house/apartment leases, car
leases, interest rates and insurance.
The SCRA applies to all military members on federal active duty.
This includes the regular forces, the reserve forces, and the guard
forces in Title 10 active duty. The SCRA also applies to the Coast
Guard and officers in the Public Health Service and National Oceanic
and Atmospheric Administration in support of the Armed Forces. In
limited circumstances (i.e., evictions, joint leases), the SCRA may
apply to dependents of the military member. In November 2009, President
Obama signed into law the Military Spouses Residency Relief Act (MSRRA)
which amends the SCRA to provide additional protections to spouses of
servicemembers relating to residency, taxes, and voting rights. The
SCRA applies to all 50 states of the United States and to all
territories (i.e., Puerto Rico, U.S. Virgin Islands, Guam and the
Marianas Islands) subject to U.S. jurisdiction.
Under the terms of the SCRA, a servicemember may terminate a lease
earlier than the date named in the lease, if the servicemember gives
proper notice and is terminating the lease due to a permanent change of
station (PCS) move or a deployment. The lease must be signed by the
servicemember, or on behalf of the servicemember (by the use of a power
of attorney.) The protection is extended to the dependent spouse if he/
she needs to terminate the lease during the service member's deployment
or PCS. If a spouse enters into a lease on their own name, without the
servicemember, the SCRA does not apply.
TAPS thanks you for the opportunity to provide this statement for
the record in support of this important legislation.
[all]