[Congressional Record Volume 153, Number 77 (Thursday, May 10, 2007)]
[Senate]
[Pages S5923-S5925]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       ASSISTING THE ARMED FORCES

  Mr. FEINGOLD. Madam President, this week I introduced two bills to 
assist members of the armed services and veterans. S. 1314, the 
Veterans Outreach Improvement Act, will help to ensure that all of our 
veterans know about Federal benefits to which they may be entitled by 
improving outreach programs conducted by the Department of Veterans 
Affairs. S. 1313, the Servicemembers' Cellular Phone Contract Fairness 
Act, will ensure that deployed servicemembers are not subjected to 
unfair penalties for cancelling their cell phone contracts.
  I would also like to thank my good friend, the junior Senator from 
Hawaii, for holding a hearing yesterday that considered both of these 
bills along with many other important pieces of legislation to improve 
the treatment of veterans, servicemembers and their families. Senator 
Akaka is a strong leader on these vitally important issues as chairman 
of the Veterans Affairs Committee and I commend him on his efforts and 
look forward to working with him to enact veterans' benefits 
legislation that includes my two proposals.
  I am pleased to be joined in the effort to improve outreach by the 
Department of Veterans Affairs by the Senator from North Carolina, Mr. 
Burr. I introduced identical legislation in the 108th and 109th 
Congresses. I am also pleased to note that there is a companion bill in 
the House, H.R. 67, sponsored by Representative McIntyre. On Tuesday, 
the House Veterans' Affairs Subcommittee on Disability Assistance

[[Page S5924]]

and Memorial Affairs approved the bill by a voice vote.
  I was extremely troubled by revelations of gaps in care as 
servicemembers transition to the VA that emerged as a result of 
investigations of the Walter Reed Army Medical Center. I appreciate the 
Department of Defense and Department of Veterans Affairs' attempts to 
remedy these gaps, but more work remains to be done. It can be 
extremely difficult for veterans to navigate the VA's health care and 
benefits systems. This bill will increase congressional oversight of 
the VA's outreach activities and authorize the Secretary of Veterans 
Affairs to work with States to perform outreach.
  Several years ago, the Wisconsin Department of Veterans Affairs, 
WDVA, launched a statewide program called ``I Owe You.'' Under the 
direction of Secretary Ray Boland, the program encourages veterans to 
apply, or to re-apply, for benefits that they earned from their service 
in the U.S. military.
  As part of this program, WDVA has sponsored several events around 
Wisconsin called ``Supermarkets of Veterans Benefits'' at which 
veterans can begin the process of learning whether they qualify for 
Federal benefits from the Department of Veterans Affairs, VA. These 
events, which are based on a similar program in Georgia, supplement the 
work of Wisconsin's County Veterans Service Officers and veterans 
service organizations by helping our veterans to reconnect with the VA 
and to learn more about services and benefits for which they may be 
eligible. More than 11,000 veterans and their families have attended 
the supermarkets, which include information booths with representatives 
from WDVA, VA, and veterans service organizations, as well as a variety 
of Federal, State, and local agencies. I was proud to have members of 
my staff speak with veterans and their families at a number of these 
events. These events have helped veterans and their families to learn 
about numerous topics, including health care, how to file a disability 
claim, and preregistration for internment in veterans cemeteries.
  The Institute for Government Innovation at Harvard University's 
Kennedy School of Government recognized the ``I Owe You'' program by 
naming it a semi-finalist for the 2002 Innovations in American 
Government Award. The program was also featured in the March/April 2003 
issue of Disabled American Veterans Magazine.
  The State of Wisconsin is performing a service that is clearly the 
obligation of the VA. These are Federal benefits that we owe to our 
veterans and it is the Federal Government's responsibility to make sure 
that they receive them. The VA has a statutory obligation to perform 
outreach, and current budget pressures should not be used as an excuse 
to halt or reduce these efforts.
  The legislation that I introduced was spurred by the overwhelming 
response to the WDVA's ``I Owe You'' program and the supermarkets of 
veterans benefits. If more than 11,000 Wisconsin veterans are unaware 
of benefits that may be owed to them, it is troubling to think how many 
veterans around our country are also unaware of them. We can and should 
do better for our veterans, who selflessly served our country and 
protected the freedoms that we all cherish. And it is important to 
address gaps in the VA's outreach program as we welcome home and 
prepare to enroll into the VA system the tens of thousands of dedicated 
military personnel who are serving in Afghanistan, Iraq, and other 
places around the globe.
  In order to help to facilitate consistent implementation of VA's 
outreach responsibilities around the country, my bill would create a 
statutory definition of the term ``outreach.''
  My bill also would help to improve outreach activities performed by 
the VA in three ways. First, it would create separate funding line 
items for outreach activities within the budgets of the VA and its 
agencies, the Veterans Health Administration, the Veterans Benefits 
Administration, and the National Cemetery Administration. Currently 
funding for outreach is taken from the general operating expenses for 
these agencies. These important programs should have a dedicated 
funding source instead of being forced to compete for scarce funding 
with other crucial VA programs.

  I have long supported efforts to adequately fund VA programs. We can 
and should do more to provide the funding necessary to ensure that our 
brave veterans are getting the health care and other benefits that they 
have earned in a timely manner and without having to travel long 
distances or wait more than a year to see a doctor or to have a claim 
processed.
  Secondly, the bill would create an intra-agency structure to require 
the Office of the Secretary, the Office of Public Affairs, the VBA, the 
VHA, and the NCA to coordinate outreach activities. By working more 
closely together, the VA components would be able to consolidate their 
efforts, share proven outreach mechanisms, and avoid duplication of 
effort that could waste scarce funding.
  Finally, the bill would ensure that the VA can enter into cooperative 
agreements with State Departments of Veterans Affairs regarding 
outreach activities and would give the VA grantmaking authority to 
award funds to State Departments of Veterans Affairs for outreach 
activities such as the WDVA's ``I Owe You Program.'' Grants that are 
awarded to State departments under this program could be used to 
enhance outreach activities and to improve activities relating to 
veterans claims processing, which is a key component of the VA benefits 
process. State departments that receive grants under this program may 
choose to award portions of their grants to local governments, other 
public entities, or private or nonprofit organizations that engage in 
veterans outreach activities.
  I am pleased that this bill has the support of a number of 
organizations that are committed to improving the lives of our Nation's 
veterans, including the American Legion; Veterans of Foreign Wars; 
Paralyzed Veterans of America; Vietnam Veterans of America; Wounded 
Warrior Project; and National Association of State Directors of 
Veterans Affairs.
  The second bill that I introduced seeks to make life a little easier 
for our servicemembers and their families when they are called up to 
duty or transferred. We all recognize the heroic service the men and 
women in our armed services provide the Nation each day. So when I 
heard stories about servicemembers and their families in Wisconsin 
having trouble canceling their cell phone contracts after being called 
up, I looked for a way to help. With the prospect of a combat 
assignment, the last thing our men and women in uniform should have to 
worry about are early termination fees or being forced to pay for a 
service they cannot use. I tried to have this provision adopted as an 
amendment to the Defense authorization bill last June and, while I was 
unsuccessful, I will continue to push for the adoption of this 
commonsense measure.
  These problems with canceling cellular phone service have not been 
just isolated incidents. In fact, the issue has been raised by the 
Wisconsin National Guard. I will ask that the full testimony of 1LT 
Melissa Inlow of the Wisconsin Army National Guard at a hearing on a 
Wisconsin State Assembly bill in April be made part of the Record.
  I just want to highlight one part of that testimony that makes the 
point that this is a real issue facing our servicemembers. She 
testified: ``It's becoming increasingly difficult to get cell phone 
service providers to suspend the contract. Even with suspension the 
soldiers are still paying up to $25 a month for a service they cannot 
reap the benefits of. These fees can accumulate to more than the 
termination fee which on average is $200.'' First Lieutenant Inlow went 
on to specifically recommend that the Servicemembers' Civil Relief Act 
be amended to include a section on cellular phones.
  First Lieutenant Inlow and the Wisconsin National Guard are not alone 
in this opinion either. The National Guard Association of the United 
States, the Enlisted Association of the National Guard of the United 
States, and the Military Officers Association of America have supported 
my proposal since the original amendment was offered last June. I was 
glad to add the support of the Paralyzed Veterans of America, the 
Disabled Veterans of America, the American Legion, and the Veterans of 
Foreign Wars to this list when they expressed support at a recent 
Veterans Affairs hearing. This

[[Page S5925]]

practically universal support among the current armed services and the 
veterans communities clearly show that this commonsense provision 
should be enacted.
  It is common now for cellular phone contracts to require a contract 
term of up to 2 years. Along with these long contracts, there are often 
early termination fees of several hundred dollars. When National Guard 
members are called up to active duty or soldiers are transferred 
overseas or to a base that isn't covered by their current provider, 
they often face the prospect of either paying these significant fees or 
paying monthly fees for the remainder of the contract for a service 
they cannot use. While many servicemembers and their families have been 
able to work with telecommunications companies to eventually get the 
early termination fee canceled, the account suspended, or the fees 
reduced, they have enough to deal with after being called up that they 
should not have this added burden as well.
  My legislation proposes that we bring these cellular phone contracts 
in line with what we have already done for residential and automotive 
leases in the Servicemembers' Civil Relief Act--let the servicemembers 
cancel the contract. Under my proposal, if servicemembers are called up 
for more than 90 days, transferred overseas, or transferred to a U.S. 
duty station where they could not continue their service at the same 
rate, they could cancel their contract without a termination fee.
  While my legislation helps to prevent servicemembers from being 
financially punished for volunteering to protect this country, I have 
also tried to make sure that the telecommunications providers are 
treated fairly as well. That is why I have included a provision that 
would allow the providers to request the return of cell phones provided 
as part of the contract. If the company requests the return under this 
provision, it would also have to give the servicemember the option of 
paying a prorated amount for the cell phone should he or she wish to 
keep it. Moreover, if the provider and servicemember mutually agree to 
suspend instead of terminate the contract, the bill makes sure that the 
reactivation fee is waived.
  Several States, including Wisconsin, have already given 
servicemembers this protection. While these State laws are positive 
steps, a national law will make sure all servicemembers are afforded 
this protection and give the industry a baseline standard.
  While this is a modest addition to the rights of servicemembers, it 
is important that we remove as many unfair burdens facing this 
country's men and women in uniform as we can. I hope my colleagues will 
share this view and quickly adopt this nonpartisan proposal.
  Both of these two bills I introduced earlier in the week and that 
were considered in yesterday's Veteran's Affairs Committee hearing have 
widespread support. I hope this support will translate into the 
Veterans Affairs Committee including them as part of its package of 
veterans' benefits legislation later this year. I again, want to thank 
Chairman Akaka and the Veterans Affairs Committee for considering my 
bills to improve outreach activities and allow servicemembers to cancel 
cellular phone contracts in yesterday's hearing.
  Madam President, I ask unanimous consent that the aforementioned 
testimony of 1LT Melissa Inlow be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

Testimony for the Record of First Lieutenant Melissa Inlow at a Hearing 
           on Wisconsin Assembly Bill 1174 on April 17, 2006

       Thank you, chairman and members of the committee, for the 
     opportunity to speak. The Department of Military Affairs and 
     the Wisconsin National Guard is in support of Senate bill 
     1174. I am First Lieutenant Melissa Inlow, a Judge Advocate 
     General Officer with the Wisconsin Army National Guard. By 
     granting servicemembers the right to terminate their cell 
     phone contracts upon mobilization, you are ensuring further 
     protections and peace of mind for our servicemembers. In 
     August of 2005, I was brought on to provide legal assistance 
     to our deployed servicemembers and their families. Since that 
     time, about 3-5 percent of my time has been dedicated to 
     assisting servicemembers in resolving issues with their cell 
     phone service contracts. It's becoming increasingly difficult 
     to get cell phone service providers to suspend the contract. 
     Even with suspension the soldiers are still paying up to $25 
     a month for a service they cannot reap the benefits of. These 
     fees can accumulate to more than the termination fee which on 
     average is $200. I've found it very difficult and sometimes 
     impossible to reach a live person and very difficult to reach 
     a person with decision making authority. Each time I have had 
     to call a cellular phone service provider, I have talked to a 
     different customer service representative, and each has given 
     me a different resolution to the cell phone issue. The 
     companies are lacking significantly in internal consistency 
     when it comes to resolving cell phone contract issues. It has 
     been my experience that the customer service representatives 
     of cell phone companies experience high turnover rate and are 
     not aware of the wireless provider's policy on military 
     suspension. It is extremely frustrating for me; I can only 
     imagine the undue stress and strain it causes our deploying 
     servicemembers and their families that are left behind to 
     deal with these issues. This change will likely help ease the 
     stress deployment places on our servicemembers allowing them 
     to focus on their mission. I hope that the Federal Government 
     will follow suit and amend the Servicemember's Civil Relief 
     Act to incorporate a section on cell phone contracts.

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