[House Hearing, 113 Congress]
[From the U.S. Government Publishing Office]
LEGISLATIVE HEARING ON H.R. 331, H.R. 821, H.R. 1357, H.R. 1796, H.R.
1842, H.R. 2011, H.R. 2150, H.R. 2210, H.R. 2327, AND A DRAFT BILL
ENTITLED, ``TO AMEND TITLE 38, UNITED STATES CODE, TO AUTHORIZE THE
SECRETARY OF VETERANS AFFAIRS TO MAKE AN ALTERNATIVE ELECTION ON BEHALF
OF CERTAIN INDIVIDUALS WHO ARE SUBJECT TO A BAR TO DUPLICATION OF
ELIGIBILITY FOR EDUCATIONAL ASSISTANCE UNDER THE LAWS ADMINISTERED BY
THE SECRETARY
=======================================================================
HEARING
before the
SUBCOMMITTEE ON ECONOMIC OPPORTUNITY (EO)
of the
COMMITTEE ON VETERANS' AFFAIRS
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRTEENTH CONGRESS
FIRST SESSION
__________
WEDNESDAY, JUNE 26, 2013
__________
Serial No. 113-25
__________
Printed for the use of the Committee on Veterans' Affairs
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COMMITTEE ON VETERANS' AFFAIRS
JEFF MILLER, Florida, Chairman
DOUG LAMBORN, Colorado MICHAEL H. MICHAUD, Maine, Ranking
GUS M. BILIRAKIS, Florida Minority Member
DAVID P. ROE, Tennessee CORRINE BROWN, Florida
BILL FLORES, Texas MARK TAKANO, California
JEFF DENHAM, California JULIA BROWNLEY, California
JON RUNYAN, New Jersey DINA TITUS, Nevada
DAN BENISHEK, Michigan ANN KIRKPATRICK, Arizona
TIM HUELSKAMP, Kansas RAUL RUIZ, California
MARK E. AMODEI, Nevada GLORIA NEGRETE MCLEOD, California
MIKE COFFMAN, Colorado ANN M. KUSTER, New Hampshire
BRAD R. WENSTRUP, Ohio BETO O'ROURKE, Texas
PAUL COOK, California TIMOTHY J. WALZ, Minnesota
JACKIE WALORSKI, Indiana
Helen W. Tolar, Staff Director and Chief Counsel
______
SUBCOMMITTEE ON ECONOMIC OPPORTUNITY (EO)
BILL FLORES, Texas, Chairman
JON RUNYAN, New Jersey MARK TAKANO, California, Ranking
MIKE COFFMAN, Colorado Minority Member
PAUL COOK, California JULIA BROWNLEY, California
BRAD R. WENSTRUP, Ohio DINA TITUS, Nevada
ANN M. KIRKPATRICK, Arizona
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
__________
June 26, 2013
Page
Legislative Hearing On H.R. 331, H.R. 821, H.R. 1357, H.R. 1796,
H.R. 1842, H.R. 2011, H.R. 2150, H.R. 2210, H.R. 2327, And A
Draft Bill Entitled, ``To Amend Title 38, United States Code,
To Authorize The Secretary Of Veterans Affairs To Make An
Alternative Election On Behalf Of Certain Individuals Who Are
Subject To A Bar To Duplication Of Eligibility For Educational
Assistance Under The Laws Administered By The Secretary........ 1
OPENING STATEMENTS
Hon. Bill Flores, Chairman, Subcommittee on Economic Opportunity
(EO)........................................................... 1
Prepared Statement of Hon. Flores............................ 29
Hon. Ann M. Kirkpatrick, Member, Committee on Veterans' Affairs,. 2
Hon. Jeff Miller, Chairman, Full Committee on Veterans'
Affairs.................................................... 2
WITNESSES
Hon. Ken Calvert, U.S. House of Representatives (CA-42).......... 4
Prepared Statement of Hon. Calvert........................... 29
Hon. Elijah E. Cummings, U.S. House of Representatives (MD-07)... 5
Hon. John Delaney, U.S. House of Representatives (MD-06)......... 6
Prepared Statement of Hon. Delaney........................... 30
Hon. Alan Grayson, U.S. House of Representatives (FL-09)......... 7
Prepared Statement of Hon. Grayson........................... 30
Hon. Bill Johnson, U.S. House of Representatives (OH-06)......... 9
Prepared Statement of Hon. Johnson........................... 32
Executive Summary of Hon. Johnson............................ 32
Hon. Paul Cook, U.S. House of Representatives (CA-08)............ 10
Mr. Curtis L. Coy, Deputy Under Secretary for Economic
Opportunity, Veterans Benefits Administration, U.S. Department
of Veterans Affairs............................................ 11
Prepared Statement of Mr. Coy................................ 33
Accompanied by:
Mr. John Brizzi, Deputy Assistant General Counsel, U.S.
Department of Veterans Affairs
Mr. Frank C. DiGiovanni, Director, Training Readiness and
Strategy, Office of the Under Secretary of Defense for
Personnel and Readiness, U.S. Department of Defense............ 12
Prepared Statement of Mr. DiGiovanni......................... 38
Executive Summary of Mr. DiGiovanni.......................... 39
Mr. Ryan M. Gallucci, Deputy Director, National Legislative
Service, Veterans of Foreign Wars of the United States......... 19
Prepared Statement of Mr. Gallucci........................... 40
Mr. Jeffrey Steele, Assistant Director, National Legislative
Commission, The American Legion................................ 21
Prepared Statement of Mr. Steele............................. 43
MG Andrew ``Drew'' Davis, USMC (Ret.), Executive Director, The
Reserve Officers Association................................... 23
Prepared Statement of Mr. Davis.............................. 47
STATEMENT FOR THE RECORD
Hon. Tammy Duckworth (IL-08)..................................... 50
U.S. Department of Labor......................................... 51
Vietnam Veterans of America...................................... 52
LEGISLATIVE HEARING ON H.R. 331, H.R. 821, H.R. 1357, H.R. 1796, H.R.
1842, H.R. 2011, H.R. 2150, H.R. 2210, H.R. 2327, AND A DRAFT BILL
ENTITLED, ``TO AMEND TITLE 38, UNITED STATES CODE, TO AUTHORIZE THE
SECRETARY OF VETERANS AFFAIRS TO MAKE AN ALTERNATIVE ELECTION ON BEHALF
OF CERTAIN INDIVIDUALS WHO ARE SUBJECT TO A BAR TO DUPLICATION OF
ELIGIBILITY FOR EDUCATIONAL ASSISTANCE UNDER THE LAWS ADMINISTERED BY
THE SECRETARY
Wednesday, June 26, 2013
U.S. House of Representatives,
Committee on Veterans' Affairs,
Subcommittee on Economic Opportunity,
Washington, D.C.
The Subcommittee met, pursuant to notice, at 2:20 p.m., in
Room 340, Cannon House Office Building, Hon. Bill Flores
[Chairman of the Subcommittee] presiding.
Present: Representatives Flores, Runyan, Cook, Wenstrup,
and Kirkpatrick.
Also Present: Representatives Miller, O'Rourke.
OPENING STATEMENT OF CHAIRMAN BILL FLORES
Mr. Flores. Good afternoon. We have a full plate of bills
and witnesses this afternoon so I am going to limit my opening
remarks to comment on the VA's testimony on my own bill, which
is H.R. 2481.
Yesterday, I introduced H.R. 2481 in response to
suggestions from the Atlanta regional processing office team
who noted that certain types of mistakes on the applications
for Post-9/11 G.I. Bill benefits cause significant delays in
processing original claims. Apparently, some veterans are
inadvertently revoking programs for which they have no
entitlement, or they choose certain older programs and give up
the Post-9/11 benefit. My bill would have the VA review an
application and if it is obvious that the veteran made what
appears to be an inadvertent error then the VA would be able to
choose the best program, inform the veteran, and offer the
veteran an opportunity to reject the VA's recommendation. This
process would not stop their application from moving forward
and could substantially reduce processing times for original
claims.
The VA has already provided us with technical assistance on
this bill and I am grateful that they have offered additional
help. Given that assistance and staff conversations I am
hopeful that the VA will comment on this bill today and we will
have further discussion during their testimony, or possibly
after their testimony.
We have several statements for the record today. And
without objection we will include those in the record.
I now recognize the distinguished Ranking Member Ms.
Kirkpatrick for her opening remarks.
[The prepared statement of Hon. Flores appears in the
Appendix]
OPENING STATEMENT OF HON. ANN M. KIRKPATRICK
Mrs. Kirkpatrick. Thank you, Mr. Chairman. Good afternoon.
I would like to thank everyone for joining us and I would like
to thank our witnesses for taking time to testify and answer
our questions.
We have a number of bills before us today which extend or
refine important veterans programs, including those for
homeless veterans reintegration, and veterans educational
assistance, among other issues. My colleagues have written and
introduced strong legislation focused on improving the lives of
our veterans. I look forward to seeing how these efforts today
will impact our veterans across the Nation.
Thank you, Mr. Chairman, for scheduling this hearing to
review these bills. I look forward to the testimony and
discussion we will have today and I yield back.
Mr. Flores. Thank you, Mrs. Kirkpatrick. I would like to
begin by recognizing Chairman Miller for his testimony.
Chairman Miller, you are recognized for five minutes.
OPENING STATEMENT OF HON. JEFF MILLER
Mr. Miller. Thank you very much, Mr. Chairman, Ranking
Member Kirkpatrick. We all appreciate the opportunity to appear
before you at the Subcommittee today. And to my colleagues here
on the Committee and at the witness table as well, it is good
to see everybody.
I want to talk to you a little bit this afternoon about my
bill 2327, the Veterans Economic Opportunity Administration Act
of 2013. And I think everybody in this room is well aware of
the number of claims that the Veterans Benefits Administration
is facing right now. And according to the June 24th Monday
morning report, we get a report every Monday morning, there
were 801,931 compensation and pension claims in the inventory.
Now this is not a new problem. Using the data from the VA
Web site the total C&P inventory was 221,729 as of June of
2000. And I want to show you how it has increased since then.
327,275 in June of 2004. In June of 2008 it was 404,161. And
913,690 in June of 2012.
Now we all know that we have had Wars in Iraq and
Afghanistan, as well as the Nehmer decision that the court
required to reopen tens of thousands of Vietnam-era claims and
they have all increased the workload at the department. And to
meet that increased workload, VBA has devoted the lions share
of 14,415 of its 20,815 employees to work on these C&P or
compensation and pension claims. So if you review the testimony
of the VSOs, you will also see that they too focus mostly on
the compensation program. Now I am not saying that the focus is
wrong, just that that is the fact.
One of this Committee's ways of ensuring that the
disability claims backlog and related issues did not consume an
inordinate amount of focus to the neglect of other important
programs was to undergo a reorganization. Specifically, the
Subcommittee of Economic Opportunity was created to specialize
oversight attention on VA programs that enhance economic
opportunity. And the result of that reorganization is very
clear. Sustained oversight on economic opportunity programs and
issues, organization and passage of major legislation such as
the Vow to Hire Heroes Act and provisions to assist VA in
meeting and exceeding acquisition goals for small businesses
owned by service-disabled veterans.
Now I believe that VA, too, would benefit from this type of
specialization and that is what H.R. 2327 would bring about. It
would create a new fourth administration to handle VA programs
that we typically regard as providing economic opportunity.
Similar to this Subcommittee's focus, those issues are
education, vocational rehab, loan guarantee, and small
business. And this shift would in fact reorganize the value of
veterans economic security programs that promote employment.
So under H.R. 2327 the Veterans Economic Administration
would be coequal to the VBA, the VHA, and NCA, and would be
headed by an Under Secretary nominated by the President and
confirmed by the Senate. The bill would require nominees to
have senior level experience in managing similar programs in
the private sector. The bill would also require that VA would
staff the new administration from existing resources. And my
bill would have two immediate and I believe very positive
effects. First, it would allow the Under Secretary for Veterans
Benefits to concentrate efforts on reducing the compensation
backlog, a challenge sufficient for its own specialized focus
and dedicated resources. Second, it would allow the new Under
Secretary for Economic Opportunity to improve the visibility
and resourcing of economic opportunity programs. That will
obviously bring what some call creative tension to the budget
process and hopefully result in more effective use of
resources.
One specific advantage over the current structure is that
this bill would place specific experimental requirements on one
person's appointed requirements as the Under Secretary for
Economic Opportunity. And anyone appointed would have to have
significant private sector experience in one or more of these
types of programs administered by the Veterans Economic
Opportunity Administration.
Mr. Chairman, this bill represents a positive step to
assist the VA in addressing its claims issues and to give
renewed importance to programs that enable veterans and their
families to improve their lives. It is long past due for
economic opportunity issues to be at the forefront and in the
center as it relates to VA. And I thank you for the opportunity
to testify this afternoon.
Mr. Flores. Thank you, Chairman Miller. We will now start
with the first panel. With us today are colleagues Ken Calvert,
Elijah Cummings, John Delaney, Alan Grayson, and Bill Johnson.
Gentlemen, you will each be recognized for five minutes. Let us
begin with Mr. Calvert.
STATEMENTS OF HON. KEN CALVERT, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF CALIFORNIA; HON. ELIJAH E. CUMMINGS, A
REPRESENTATIVE IN CONGRESS FROM THE STATE OF MARYLAND; HON.
JOHN DELANEY, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF
MARYLAND; HON. ALAN GRAYSON, A REPRESENTATIVE IN CONGRESS FROM
THE STATE OF FLORIDA; AND HON. BILL JOHNSON, A REPRESENTATIVE
IN CONGRESS FROM THE STATE OF OHIO
STATEMENT OF HON. KEN CALVERT
Mr. Calvert. Thank you, Chairman Flores, Ranking Member
Kirkpatrick, and the distinguished Members of the Subcommittee.
Thank you for inviting me here to testify today on H.R. 331, a
bill that would streamline the VA process to the benefit of our
veterans.
The issue is fairly specific to community college districts
that have multiple colleges as part of their districts.
Currently, the Department of Veterans Affairs requires
community colleges to certify that their veteran students are
enrolled for a specific number of classes before the VA will
disburse student benefits.
Ranking Member Takano's congressional district and my
district include a community district with three colleges. The
community college district operates under uniform curriculum
for all three colleges. Under current regulations, each of the
three colleges must write letters to other colleges within the
district to verify their classes meet the regulations. This
unnecessary paperwork delays the benefits of the veterans and
increases the processing time and cost to the college district
as well as the VA. The process is unnecessary because one, all
the colleges' curriculum is approved at the district level and
is aligned across all the colleges. The district registration
system includes an option for a student to register at any one
of the colleges the same term. Three, the district computer
system contains all student and course information on one
record that can be assessed and viewed at any of the colleges.
And four, a student's official transcript includes courses
taken at all of the three colleges.
H.R. 331 would correct that problem by permitting each
college in the district to certify veterans for all classes
attended within the district rather than just for classes
attended at that particular college. H.R. 331 would update the
rules which means veterans would receive their benefits sooner
and the VA would have less paperwork to process.
H.R. 331 provides an important and necessary legislative
fix to a problem that is impacting veterans in my district and
Congressman Takano's congressional district, and which could be
impacting thousands of veterans across the country.
I would like to personally thank Chairman Flores' staff for
their work and advice in drafting this bill. And I welcome any
questions the Subcommittee may have at this time.
[The prepared statement of Hon. Calvert appears in the
Appendix]
Mr. Flores. Thank you, Mr. Calvert. Mr. Cummings, you are
recognized for five minutes.
STATEMENT OF HON. ELIJAH CUMMINGS
Mr. Cummings. Thank you very much Mr. Chairman, Ranking
Member Takano, and Members of the Subcommittee for inviting me
to testify today. For the last two years, I have aggressively
investigated illegal foreclosures, inflated fees, and other
abuses by banks against servicemembers, veterans, and their
families.
In my opinion, no one is more deserving of our Nation's
help than our military servicemembers fighting for our
freedoms. Yet under current law, certain servicemembers,
veterans with disabilities, and surviving spouses are not
receiving the critical protections they need and deserve. As a
result, banks are foreclosing on homes at the very moment when
our heroes and their families deserve our support. As a country
we can do better, we must do better.
That is why I introduced H.R. 1842, the Military Family
Home Protection Act. This is a common sense bill that will
better protect military families and veterans with disabilities
by closing loopholes and providing needed reforms to the
Servicemembers Civil Relief Act.
This legislation is supported by the American Legion,
Veterans of Foreign Wars, Paralyzed Veterans of American,
Disabled American Veterans, Military Officers Association of
America, Gold Star Wives of America, and Iraq and Afghanistan
Veterans of America, all of whom have written letters of
support.
Mr. Flores. Without objection.
Mr. Cummings. Thank you very much, Mr. Chairman.
[The attachment appears in the Appendix]
Mr. Cummings. This legislation has had overwhelming
bipartisan support over the past two years. More than a year
ago, I came before this Committee and testified about similar
legislation, H.R. 5747. This Committee came together in a
bipartisan way to support and pass that bill. And when the
legislation was included as an amendment to the Defense Bill
last year, it passed by an overwhelming bipartisan vote of 394
to 27. Unfortunately the bill never became law because of
objections by one Senator who was seeking additional
information. This month the House came together again in
solidarity and passed the legislation by voice vote as an
amendment to the National Defense Authorization Act. And I
thank every Member of this Committee for your support. It could
not have happened without you.
I believe that if we keep up our efforts and we educate
people about what this bill does, we will finally be able to
deliver this legislation to the President's desk. H.R. 1842
will ensure that servicemembers who are placing their lives at
risk overseas will not also have to fight here at home to keep
a roof over their heads and those of their families.
This bill would extend foreclosure protections to the
surviving spouses of servicemembers who are killed in the line
of duty. The legislation would extend foreclosure protections
to veterans who become disabled due to service-connected
injuries under Chapter 61 of the U.S. Code, and servicemembers
who are placed in convalescent status due to illness or injury.
Finally, this bill would increase the civil penalties for
mortgage related violations under the SCRA to better reflect
the seriousness of such violations and the tremendous impact
these violations have on the lives of servicemembers, veterans
with disabilities and surviving spouses.
We owe it to our men and women in uniform, Mr. Chairman, to
take action now. And this legislation provides a common sense,
bipartisan, and widely supported protections to those who
deserve them the most. I ask this Committee to support this
effort to provide our men and women in uniform with the
protections they desperately need and of course they deserve.
And with that, Mr. Chairman, I yield back.
Mr. Flores. Thank you, Mr. Cummings. Mr. Delaney?
STATEMENT OF HON. JOHN DELANEY
Mr. Delaney. Thank you Chairman Flores and Ranking Member
Kirkpatrick and my other colleagues for the opportunity to
address this Subcommittee on H.R. 2011.
The Veterans Advisory Affairs Committee has long been a
bipartisan initiative in this House. And the reason for that is
simple. Members of Congress and this grateful Nation truly want
our veterans to receive the benefits they have earned. There is
also a strong belief in our country that we need to do more to
address unemployment and to ease our veterans' transition to
civilian life. For example, the current unemployment rate for
Iraq veterans is over ten percent. That is too high.
That is the motivation behind H.R. 2011, the Veterans
Advisory Committee on Education Improvement Act. Specifically
to ensure that current educational programs are working
properly our veterans need a voice in the VA.
This bipartisan legislation does two very important things.
First, it extends the Veteran Advisory Committee on Education
through 2015. Absent congressional action, the Veterans
Advisory Committee on Education will sunset at the end of this
year, which would be unfortunate. This Committee, which is
currently comprised of veterans, policy experts, and advocates,
advises the VA on how to improve educational and job training
programs.
Second and importantly, this legislation expands the
Committee to include Post-9/11 veterans. The reasons for this
are obvious. We need to make sure their voice is heard at the
VA.
This is a Committee that works. Since 2003, the VA has
implemented 57 recommendations from the Committee on how to
improve job training and educational programs. These
recommendations include improvements to the Post-9/11 G.I.
Bill, which provided educational benefits to over 600,000
veterans in 2012 alone. The Committee has also updated the VA's
Principles of Excellence program, which requires that
educational institutions end fraudulent and aggressive
recruiting programs and provide veterans with a timeline for
graduation.
We all understand that our veterans unemployment rate is
too high. And when we talk about improving existing programs, I
believe it is essential that the VA is responsive to those
directly affected. I know every Member of the Veterans' Affairs
Committee takes their responsibilities to our veterans very
seriously; all of us in the House do as well. I thank my
colleague Mr. Renacci and my other cosponsors for their support
of this bill. Helping our veterans transition to civilian life
is one of the most critical challenges facing our country. This
legislation gives our Post-9/11 veterans a voice, helps ensure
that our current programs are working, and helps identify ways
that we can improve. The bill is about smart government. It is
about more efficient and more effective government.
I thank the Committee for their time this afternoon and
look forward to collaborating with you on this important
legislation. Thank you.
[The prepared statement of Hon. Delaney appears in the
Appendix]
Mr. Flores. Thank you, Mr. Delaney. Mr. Grayson?
STATEMENT OF HON. ALAN GRAYSON
Mr. Grayson. Thank you, Chairman Flores and Ranking Member
Kirkpatrick. I appreciate the opportunity to join you in this
legislative hearing. I am here today to address H.R. 821, a
bill to amend the Servicemembers Civil Relief Act to provide
surviving spouses with certain protections relating to
mortgages and mortgages foreclosures and for other purposes. In
plain English, this bill would extend mortgage foreclosure
protections to the surviving spouses of men and women who are
killed while serving in the United States military.
Under current law, members of the military are shielded
from foreclosure while they are on active duty. This bill would
extend the same protection to a surviving spouse of a
serviceman who is killed while serving our Nation. H.R. 821 is
a reintroduction of last term's H.R. 1263, which Bob Filner, my
good friend and the former Chairman of the Veterans' Affairs
Committee, introduced and passed through the House of
Representatives by a voice vote during the last Congress.
Unfortunately the Senate never acted on the bill.
The only difference between Congressman Filner's bill and
my bill appears on section three. It is a slight change
resulting in a shorter bill that reflects intervening changes
in the law made by the Honoring America's Veterans and Caring
for Camp Lejeune Families Act of 2012. Previously,
servicemembers were afforded foreclosure protections for nine
months after they were separated from service. They now have a
full year and this bill now reflects that.
Mr. Chairman and Members of the Subcommittee, Florida is a
state that produces a high number of men and women who enlist
in our armed forces. It is also a state where a large number of
veterans now call home. Unfortunately Florida has lost 343 of
its sons and daughters in Iraq and Afghanistan, a number second
only to Texas. Given that statistic and given the fact that I
represent a district that is consistently ranked at or near the
top in foreclosure activity nationwide, I felt compelled to
reintroduce this bill.
This Committee held multiple hearings on the issue
throughout the last Congress and there were consistent reports
on the need for it. In January of 2011 a J.P. Morgan Chase
official told NBC News that over 4,000 servicemembers had been
illegally overcharged on their mortgage interest rates and that
many military families had been improperly foreclosed upon in
violation of the Servicemembers Civil Relief Act. This
revelation addressed not only servicemembers who had been SCRA
protection subjects but also covered the actions of only one
bank. Surviving spouses are not afforded the same protection by
the SCRA and we can only guess how many unfortunate husbands
and wives lost their homes when they needed our protection the
most.
Later last year, more allegations surfaced of SCRA
violations by J.P. Morgan Chase and other lending institutions.
In response, this Committee held oversight hearings to review
these allegations and received testimony from Captain Jonathan
Rawls and Ms. Julia Rawls about their troubled with J.P. Morgan
Chase. And in response to that testimony and other revelations
that came to light through the Committee's continuous oversight
of SCRA abuses, H.R. 821 requires lending institutions to
employ or designate an SCRA compliance officer. Every bank must
take the SCRA seriously and every bank must have at least one
person responsible to ensure the institution's compliance.
Servicemembers and veterans as well as their families
should have an opportunity to avoid the black marks on their
credit history by working with members to minimize their chance
of foreclosure. Some military families experience
understandable difficulties often related to owning a home
where a servicemember is stationed in the transition from the
military to the civilian world. And these problems are only
magnified in the tragic instance of a servicemember's death.
When a family grieves over the loss of a servicemember, the
resulting change in income is likely to force a surviving
spouse to make difficult financial decisions, including whether
or not he or she will keep or sell the home. Surviving families
should be given sufficient time after the loss of a loved one
to refinance, to make arrangements with the lender to
restructure the loan, or to sell the house. Unfortunately right
now, they are not afforded the extra time they often need. Mr.
Chairman, this is a serious problem and it is one that can be
solved. I thank you for your time today.
If I just may add a short personal note, I will call your
attention to the fact that Congressman Filner served in this
body for 20 years and served as the Chairman of this Committee.
All too often we are judged only by our electoral successes and
not judged enough by our lawmaking. I think it would give every
Member of this Committee as well as me personally a great pride
to call Congressman Filner and tell him, ``Bob, your bill is
now law.'' Thank you very much.
[The prepared statement of Hon. Grayson appears in the
Appendix]
Mr. Flores. Thank you, Mr. Grayson. Mr. Johnson, you are
recognized for five minutes.
STATEMENT OF HON. BILL JOHNSON
Mr. Johnson. Thank you, Chairman Flores, Ranking Member
Kirkpatrick, and Members of the Subcommittee. I appreciate the
opportunity to testify before you on H.R. 1357, legislation I
introduced to amend the definition of full-time for technical
training programs under the Veterans Retraining Assistance
Program, or VRAP.
As an Air Force veteran who served as a Subcommittee
Chairman on the House Veterans' Affairs Committee last
Congress, I was proud to support the Vow to Hire Heroes Act of
2011. This important legislation provided several provisions to
assist unemployed veterans, including improvements to the
Transition Assistance Program, or TAP; veterans tax credits;
requirements for translating military skills and training into
commercial opportunities; and expanded educational and training
benefits, including VRAP.
The VRAP program provides unemployed veterans aged 35
through 60, who are not eligible for other VA education benefit
programs, up to 12 months of full-time training assistance.
Over 53,000 veterans are enrolled in training programs through
VRAP. And the Department of Veterans Affairs is still accepting
applications from eligible veterans.
An unintended shortfall of VRAP came to my attention last
fall when unemployed veterans in eastern and southeastern Ohio
who were approved for VRAP were unable to find eligible
technical training programs for their chosen occupation. The
reason being that programs approved for VRAP must be full-time,
which is defined as requiring 18 to 22 seat-time hours. As
these veterans discovered, the majority of technical training
programs that are considered to be full-time outside of the
VA's definition fall short of VRAP's seat-time requirement. For
example, several veterans from Ohio's sixth district wished to
use their approved VRAP benefits to complete a welding program,
an occupation on the rise in eastern and southeastern Ohio due
to increased oil and gas development in the region.
While there were welding programs available in the area,
they did not meet the seat-time hour requirement. Some of these
programs, such as the welding programs at the Washington County
Career Center, are even approved by the VA under regular G.I.
Bill benefits, but as part-time programs. As programs under
VRAP must be full-time, these veterans were approved for VRAP
benefits but unable to use them.
H.R. 1357 is intended to fix this unintended obstacle and
expand opportunities for unemployed veterans to complete
technical training programs. Specifically, this legislation
would amend the VRAP definition of full-time for technical
training programs to only require 16 seat-time hours, so long
as these programs are also approved by the VA for other
educational benefits.
The purpose of VRAP is to give America's veterans access
and the opportunity to enhance their skills, enabling them to
better compete in today's job market. In my view, the
difference of a few seat-time hours should not prevent a
veteran from taking a training program that will enhance their
ability to be hired, particularly if the veteran ends up with a
comparable certificate or degree from other institutions that
require slightly more seat-time hours.
Chairman Flores, Ranking Member Kirkpatrick, thank you
again for the opportunity to speak on this important
legislation, H.R. 1357. I am hopeful that this legislation will
be favorably considered by the Veterans' Affairs Committee so
as to provide our Nation's unemployed heroes with more
opportunities to enhance their skills and find gainful
employment. And with that, I yield, sir.
[The prepared statement of Hon. Johnson appears in the
Appendix]
Mr. Flores. Thank you, Mr. Johnson. Mr. Cook, you are
recognized for five minutes.
STATEMENT OF HON. PAUL COOK
Mr. Cook. Thank you, Mr. Chair. My bill H.R. 2150
reauthorizes the Homeless Veterans Reintegration Program, or
the HVRP, which I probably will not use that acronym anymore
because it is too long. But this bill will continue essential
services that assist homeless veterans in finding jobs, whether
they have been separated for one day or 20 years. It provides
grants to organizations that assist homeless veterans directly
in job training, helping them to return to the workforce and
remain independent.
These organizations have the benefit of experience,
successfully placing scores of veterans in paying jobs and
developing relationships with employers. In addition to this
experience such as job counseling and assistance in writing
resumes, they provide clothing and transportation. They also
provide medical and substance abuse treatment.
If we fail to act, this program will end this year leaving
veterans without this job assistance from their country and the
government they served so well. We must vote to extend this
program to fulfill our promise to our heroes so that they do
not, did not return from war simply to be cast aside.
I was very active in similar programs in California. Those
who know me know I am very, very passionate about this. I am a
Vietnam veteran. I have seen members of my platoon when they
came back and quite frankly our state and our country just
forgot about them 100 percent. It is a different culture going
from the military back to civilian life. You know, you go from
an organization that really cares about you to one where it is
entirely different. And we as a country, as a state, in
different localities, have had a bad record. And this bill is
one of those things that can help. We have got a lot ways to
go. And I hope you will support me. And I want to thank the
Chairman, Chairman Flores, Ranking Member Takano, and Colonel
Wenstrup for cosponsoring this bill. Thank you, Mr. Chairman, I
yield back my time.
Mr. Flores. Thank you, Mr. Cook. I thank the panel. Are
there any questions for the members of the first panel? If
there are not, gentlemen, I thank you for your time today. And
I would like to ask the second panel to come forward.
With us today on our second panel are Mr. Curtis Coy,
accompanied by Mr. John Brizzi from the VA, and Mr. Frank
DiGiovanni from the Department of Defense. Gentlemen, my
sincerest welcome to each of you. You will each have five
minutes to summarize your testimony and your complete written
statements will be made a part of this hearing record. Let us
start with you, Mr. Coy, you are recognized for five minutes.
STATEMENTS OF CURTIS L. COY, UNDER SECRETARY FOR ECONOMIC
OPPORTUNITY, VETERANS BENEFITS ADMINISTRATION, U.S. DEPARTMENT
OF VETERANS AFFAIRS; ACCOMPANIED BY JOHN BRIZZI, DEPUTY
ASSISTANT GENERAL COUNSEL, U.S. DEPARTMENT OF VETERANS AFFAIRS;
AND FRANK C. DIGIOVANNI, DIRECTOR, TRAINING READINESS AND
STRATEGY OFFICE OF THE UNDERSECRETARY OF DEFENSE FOR PERSONNEL
AND READINESS, U.S. DEPARTMENT OF DEFENSE
STATEMENT OF CURTIS L. COY
Mr. Coy. Good afternoon, Mr. Chairman, Ranking Member
Kirkpatrick, and Members of the Committee. Thank you for the
opportunity to be here today to provide VA's views on pending
legislation. Accompanying me this morning is Mr. John Brizzi,
Deputy Assistant General Counsel.
We are certainly encouraged to see those bills aimed at
improving economic opportunities for our Nation's veterans. We
are particularly grateful to see legislation that will improve
the Veterans Retraining Assistance Program; extend the Veterans
Advisory Committee on Education; allow school consortiums to
certify enrollment; and extend the Fry Scholarship to those
families who have borne the ultimate sacrifice. We will provide
views on the draft bill to improve election requirements for
the Post-9/11 G.I. Bill program for the record but are
encouraged to see efforts to help veterans make appropriate
decisions. VA defers to the Department of Labor and the
Department of Defense on legislation affecting programs or laws
administered by those agencies.
VA is happy to support legislation that would allow
institutions in a district or consortium to certify a student's
enrollment regardless of where the student is matriculated.
We are pleased to support the Fry Scholarship expansion for
children of servicemembers who die after discharge, but would
suggest expanding it to 18 months after separation rather than
just 60 days. VA data shows that most deaths resulting from
serious service-connected injury occur within those 18 months.
While we are pleased to support legislation that would
support VRAP to programs pursued at less than full-time basis
in prior bills that would extend the VRAP program, we are
unclear as to the meaning of 16 seat-time hours as required by
H.R. 1357 and are ready to work with the Committee to address
those technical issues.
VA does not oppose Section 4B of the Troop Talent Act of
2013 that would allow payment for qualifying courses. But we
would note that VA can already approve courses required for
license or certification that do not constitute a complete
program of training.
As well, VA does not support Section 6 of the bill as we
are unclear on the need to reestablish the Professional
Certification and Licensure Advisory Committee as tasks such as
outreach and auditing for licensing and certification programs
are ongoing by VA. Finally, it would be extremely challenging
to nominate members, plan organize, hold meetings, and provide
a report assessing the feasibility and advisability of
permitting servicemembers to use educational assistance for
pursuing civilian employment without being charged entitlement
all within 180 days.
VA appreciates the Committee's focus on improving veterans'
economic opportunities but we are unable to support the
Veterans Economic Opportunity Administration Act of 2013. We
believe an appropriate management structure is already in place
to oversee veterans programs related to economic opportunities.
Finally, VA is encouraged to see two bills that would amend
the Servicemembers Civil Relief Act and provide protections
against mortgage foreclosures. While VA defers to DoD and
Justice on the merits of these bills, we do have some technical
concerns with these bills and again would be very happy to work
with the Committee on them.
Mr. Chairman, this concludes my statement. Thank you for
the opportunity to appear before you today. We would be pleased
to respond to any questions you or the Members of the Committee
may have about any of these bills or the other legislation
discussed in our written testimony.
[The prepared statement of Curtis Coy appears in the
Appendix]
Mr. Flores. Thank you, Mr. Coy. Mr. DiGiovanni?
STATEMENT OF FRANK DIGIOVANNI
Mr. DiGiovanni. Chairman Flores, Ranking Member
Kirkpatrick, distinguished Members of the Subcommittee, good
afternoon. My name is Frank DiGiovanni and I serve as the DoD's
Director of Training Readiness and Strategy. I am responsible
for military training and education policy from a session,
basic training, through command exercises and engagement. I am
also a 26-year veteran of the United States Air Force.
I am here to talk to you about specifically H.R. 1796, the
Troop Talent Act of 2013. There is written statements provided
by the department on H.R. 1842 and H.R. 821.
During the transition process and while they serve in the
military, our military members achieve great expertise and hard
skills from their military training experience and education.
They also receive soft skills in areas of leadership, teamwork,
and decision-making. These skills are not only valued by the
military, but we have heard from employees that these are
sought after skill sets in the private sector as well.
So H.R. 1796 helps facilitate this process. The DoD
supports many provisions in the act, including section three
which directs the Under Secretary of Defense for Personal End
Readiness to make information available to military members
about credentialing opportunities. It also asks us to improve
access to accredited civilian credentialing agencies on
information as far as the program of instruction for military
members.
We would suggest in section three that this access be
expanded beyond the cited civilian credentialing agencies to
include agencies such as the Veterans that can include Veterans
Administration G.I. Bill payments and also state licensing
boards. One of our examples that we have had very good success
in working with the states has been with Lansing Community
College, which is a college focused on military members who
have been medics and corpsmen. They have an excellent template.
We think that what they do to give military members credit for
military training and education experience is something that we
should try to emulate throughout the other states in the
country.
Section four covers the use of transition assistance for
courses in pursuit of civilian certification and licensing,
which we support. And also expansion of the NDAA, Section 558
from fiscal year 2012, a pilot program to include information
technologies. We defer comments on section six to my
distinguished colleagues from the Veterans Administration.
On 1842, the department supports 1842 which adds several
new sections and coverages to servicemembers, surviving
spouses, and certain classes of veterans. We feel that H.R. 821
provides good coverages for surviving spouses, but we believe
many of the provisions in that act are covered in 1842.
In closing, we have had an excellent partnership with
several veterans service organizations who will be speaking
with you next, so I wanted to tip the hat to those folks. It is
an outstanding partnership and certainly helps us in getting
the word out as well as understanding what veterans' needs are
in the field.
In closing, the department would like to thank the
Committee for taking up legislation on these critical issues.
Our servicemembers bring outstanding leadership, technical
expertise, and experience to the workplace. These capabilities
are the direct result of the rigorous training, education, and
life skills they have gained from serving this country in the
military. And I cede the rest of my time, sir.
[The prepared statement of Frank DiGiovanni appears in the
Appendix]
Mr. Flores. I thank the panel for their testimony and I
would like to start with the questions. Mr. Coy, I have three
questions on H.R. 2481, which is my bill to facilitate a
smoother processing of Post-9/11 G.I. claims. The first one is
this, can you tell me why the VA deferred testimony on this? I
am a little puzzled by it because the bill is the outgrowth of
a suggestion that came from the staff to try to address a
problem that was causing unnecessary delays in the processing
of Post-9/11 G.I. claims. And the VA was also nice enough to
provide us with some technical assistance so we could get the
structure of the bill correct. Is it a technical issue? Or does
the department disagree with the goal of clarifying the process
for the Post-9/11 G.I. Bill?
Mr. Coy. Mr. Chairman, we do not have cleared views on this
bill yet. So we have not, it has not gone through the formal
process. We certainly look at this bill from a number of
aspects as the kinds of things that we hope that it will
accomplish. Most certainly ensuring that our veterans and those
original claims are processed in a timely manner is critically
important to us. We have some issues with some aspects of the
bill and we would be happy to work with the Committee as we
have done already and had a couple conversations as well to
ensure that whatever the bill ends up being, it is to
accomplish what you hope it is supposed to do.
Mr. Flores. Okay. Would you agree that the long term
solution to help the veteran, or to eliminate the potential the
veteran could make mistakes on the application would be to
fully automate the decision tree, if you will, that is in the
VONAPP application?
Mr. Coy. Mr. Chairman, I think any automation of original
claims is a good thing. Part of the issue here is, as I would
suggest that some of this is very much a situational
environment that may or may not be solved by just an automated
solution. For there is a couple of examples that I would be
happy to provide. But those are the kinds of things that trying
to build into an automated solution may not cover some of those
situational pieces that we may have.
Mr. Flores. Okay. The third question on this is, you know,
do you have any other ideas or solution to address this delay
causing problem for original applications?
Mr. Coy. Well sir, some of the issue of original
applications, and I do not know if it is just a delay or a
length of time to do it. As we all know, the Post-9/11 G.I.
Bill, for example, has well over 5,000 business rules in the
long term solution already. So when we get an original claim,
finding out what the veteran is eligible for is a process in
itself. And then if we, the intent of this bill is to ensure
that the veteran makes the ``right'' decision. And sometimes,
probably in the majority of cases, that right decision is right
there staring you in the face. But in some situational
environments it is not. So I would suggest that yes, automation
is going to solve a good chunk of that. But I would also
respectfully suggest that we automated our supplemental claim
process, which is basically the original has been done and a
veteran is now, just the supplemental claims process, is to pay
them their housing and so on and so forth. We have been
incredibly successful with that automation. And even that
automation is yielding about 50 percent of all supplemental
claims going through there untouched by human hands. We had
originally thought it would be 25, 30, 35 percent of
supplemental claims. So the success of 50 percent we are very
encouraged with. But even then, it is 50 percent. So original
claims is certainly a significant challenge. But we got the
most bang for our bucks by automating the supplemental claims
first.
Mr. Flores. Let me try to get in a quick question on H.R.
1842. We appreciate your careful review of it. Would it be
possible for your staff to work with Committee staff to work
out the technical issues so that we can get this bill perfected
before the mark up later this month?
Mr. Coy. Absolutely, Mr. Chairman. We would be absolutely
delighted to do that.
Mr. Flores. Okay. Thank you. I now recognize the Ranking
Member for her questions.
Mrs. Kirkpatrick. Thank you, Mr. Chairman. My first
question is for Mr. DiGiovanni. You know, as you mentioned
there are military occupational specialties that have a
civilian counterpart. And I am just wondering what the chances
are that when a servicemember completes their military training
in that specialty they could concurrently also have the
civilian certification? Does that make sense to you? Is that
possible? What would we have to do to make that happen?
Mr. DiGiovanni. So one of the reasons why I have this task
within the Department of Defense is because my portfolio
encompasses that kind of basic training all the way until they
get out. And so we are actually looking at exactly what you
said, three lines of action. The first one would be once you
complete initial military training, if you have the requisite
experience or training at that time then we are encouraging
people to either go for gap training or directly to a
certification or license. The second line of action is once you
have the requisite experience, so there are several
certifications or licences that require four or five years of
experience. So there is another opportunity mid-career as an
individual completes the requisite experience. And then the
last piece, which is in the Transition Assistance Program,
where you are about a year out, again, another look to say you
have got this particular skill set. Be it either something that
translates directly to the private sector or if you are in the
combat arms there are certifications, for example, for
leadership abilities, team working, cognitive decision-making.
So we are trying to make sure that we look at three lines of
action across a servicemember's career in the military for
opportunities for licensing credentials.
Mrs. Kirkpatrick. Do you see any necessary policy changes
from us to help push that along?
Mr. DiGiovanni. I think there are policies within the
existing authorities in the Department of Defense to put that
into Department of Defense instructions and directives. So I
think that we have the necessary authorities, I believe, to
push that at this time.
Mrs. Kirkpatrick. Thank you. Mr. Coy, my questions for you
are about H.R. 1842. You said there are some ambiguities in
foreclosure in the covered period. Could you elaborate a little
bit on that for me?
Mr. Coy. Yes, one of the examples in this is, is what the
bill does not reconcile is what period of invalidity would be
for foreclosure sales that took place during a covered period
and so it may be that a foreclosure during a covered period may
be invalid conceivably forever, and that might very well cloud
someone's title down the road.
And as a result of that, it's one of those things, for
example, that we said that we would be happy to work with the
Committee on those technical issues to ensure that that kind of
thing--while we defer to our colleagues in DoD with respect to
any SCRA-type things, our loan guarantee folks look at this
from the standpoint of how it would affect us down the road or
how it would affect veterans and that one technical issue is
clouding, you know, any title issues that may be in the future.
Mrs. Kirkpatrick. My follow-up question to that is, do you
have any concerns that as we continue to legislate in this area
that lenders will be less likely to want to cooperate and
provide loans for our veterans? Do you see any of that
happening now and do you have any concerns about us continuing
to legislate in this area?
Mr. Coy. No, ma'am, we have no evidence that lenders are
not wanting to lend to veterans. I would suggest the exact
opposite is occurring. Those people that have VA secured home
loans have the lowest foreclosure rate for the last, I believe,
fifteen quarters. And so a lender looks at a VA foreclosure
rate and says this group of individuals are very serious about
their mortgage and so I would suggest that it very well might
be the opposite.
Mrs. Kirkpatrick. Thank you. That is good news and I yield
back.
Thank you, Mr. Chairman.
Mr. Flores. Thank you, Ms. Kirkpatrick.
Mr. Runyan, you are recognized for five minutes for your
questions.
Mr. Runyan. Thank you, Mr. Chairman.
And I truly only have one question for Mr. DiGiovanni. Kind
of what the Ranking Member was walking you down, can you give
us an update on the Department's efforts to complete the
licensing and certification pilot for truck drivers and health
care workers that was required by the 2012 NDAA?
Mr. DiGiovanni. Sir, we are in the process of collecting
data on that report. We are required by Section 558 to submit a
report to the appropriate defense committees one year after
commencement of the study which was on September 28th, 2012. So
there's a report due on the Hill to give you an update on our
progress this September.
Right now we have almost 3,000 servicemembers enrolled in
pilot programs in five standardized occupational categories of
health profession, automotive mechanic, aircraft mechanic,
logistics, and transportation, of which the last one you
mentioned about, the commercial driver's license.
We have also seen legislation in over 44 states which now,
for example, allow military members with truck driving
experience to get the military skills--the road test part of
the commercial driver's license waived if they can show proof
from their commander that they actually have experience in the
vehicle they are seeking a license in. So, there has actually
been some great progress there and I look forward to providing
that report to you all in September.
Mr. Runyan. Sir, just so clarify, that report is going to
be on time as far as you know?
Mr. DiGiovanni. Yes, absolutely. It will be on time. There
is a huge new emphasis in the Department to make sure that we
provide the Members of Congress reports in a timely manner, if
not early.
Mr. Runyan. Thank you very much.
With that, I yield back, Mr. Chairman.
Mr. Flores. Thank you, Mr. Runyan. Mr. Cook?
Mr. Cook. I have no questions.
Mr. Flores. No questions from Mr. Cook.
Mr. Wenstrup?
Mr. Wenstrup. I have no questions.
Mr. Flores. No questions.
If the rest of the panel doesn't mind, I would like to do a
second quick round of questions on this and so I'll begin with
that.
Mr. Coy, in the VA's written statement opposing H.R. 2327,
you mention that you believe there could be coordination issues
if this administration was created. I would think that having
an under secretary advocate for economic opportunity would have
just the opposite effect and would facilitate solutions to
cross-benefit issues and provide a higher level of coordination
and resources to this important part of our veterans benefits.
Can you elaborate on that?
Well, let me rephrase that. Can you explain what you mean
by coordination issues?
Mr. Coy. I would suggest there is--perhaps might best
answered by a couple of examples. One example would be is, most
recently, we evaluated the effects that I mentioned earlier
about the long-term solution for supplemental claims and our
education claims. And as such, we took the effort to solicit
from about, from claims, education claims examiners in Atlanta
and asked them would they like to be disability claims
examiners. Two or three things, it gave them an opportunity for
a higher career path, so a number of people would want to take
advantage of it from that standpoint, but as well, they were
seasoned claims, VA claims folks, and so making the leap to a
disability claims examiner after training was not as difficult
as bringing somebody in off the street. So within a number of
months, we will be able to leverage those hundred education
claims folks into disability claims folks.
I would also suggest that the Under Secretary Hickey has
laid out a number of plans as we go forward, and when the
disability claims backlog is resolved, those number of
employees that now may be free to be able to go back to working
educational claims or be VRE--or the numbers--or the FTEs could
be VRE counselors. So there is a number of synergies that are
across the board.
As we looked at--did we think that creating a fourth
administration as we stand back and look at the management
layers that would be required as well of standing up an
entirely new administration might be prohibitive in any of
those folks that we would be standing up from a management
perspective could very well be used to handle our claims
process or VRE or any of the other economic opportunities.
I would suggest further that what VBA did back in May of
2011 by creating the deputy under secretary for economic
opportunity position to focus on those economic opportunity
programs has been, I would hope, somewhat successful from a
pejorative standpoint. And we have done a lot of focusing on
those programs to ensure that those programs in economic
opportunity are given the attention, the leadership that we
think they so deserve.
Mr. Flores. Thank you for that response. What I am looking
for is a flatter, leaner, more mission-focused organization
with divisions that are focused. I don't think there is
anything to prevent some, a VA employee, from moving from one
of those divisions to another hopefully without too much
friction. I think I've got time to get one more question in,
and that is, what would the impact be on the, because of the
potential enactment of H.R. 331, which is the consolidated
certification bill, what would the impact be on education
claims processing?
Mr. Coy. We think, sir, it would be a positive impact
because currently right now the legislation says the schools
should or needs to certify. Being able to consolidate some of
those claims, we believe would be beneficial. In fact, we had
put in a legislative proposal to do just this and so we are
very happy and encouraged that the Committee has taken the
stance that we should go forward with this.
Mr. Flores. Okay. Thank you, Mr. Coy.
Did any other Members have any follow-up questions for
this?
Ms. Kirkpatrick?
Mrs. Kirkpatrick. Thank you, Mr. Chairman.
Mr. Coy, my questions are about 1796. You say that the VA
is already doing outreach, and so I have three questions about
that. What kind of outreach is being done on what programs and
what metrics do you have in place to measure whether or not
that outreach is accomplishing your goals and is sufficient?
Mr. Coy. Thank you for your question.
First, I would agree that outreach is critically important
and we can always do better at it. We are not suggesting in any
way, shape or form that we are doing all that there could be
done with outreach. Some of the outreach things that I would
suggest that we are doing now is, we have a very, what we
believe to be a very robust GI Bill Web site and we are putting
lots of information out from there.
On there we have eight frequently asked questions, for
example, that talk very specifically about those kinds of
things. As well, we are very active in conferences, whether
they be from the State Approving Agencies, conferences or all
of the other conferences, we are there and we are talking to
them across the board. Then certainly perhaps the last, but not
least, is the Transition Assistance Program in building those--
that information into the Transition Assistance Program is
another aspect of the outreach.
So we are not suggesting that we are doing all there is to
do in outreach, but the bill talks about doing outreach in
compliance and what we suggested is that we are, in fact, doing
that and not sure that the legislation would mandate that we do
more.
Mrs. Kirkpatrick. And on what programs, are you doing
outreach on all VA programs or can you just be a little more
specific about that?
Mr. Coy. What we are doing, most of the outreach on that I
am talking about is in education, employment and some of those
things, for example, that are in the world of economic
opportunity. But the outreach that I specifically talk about
with respect to the GI Bill Web site is on educational
programs.
Mrs. Kirkpatrick. And do you keep track of how many hits
you have on that Web site so you know how many veterans you're
actually reaching?
Mr. Coy. Yes, ma'am, we do track how many hits we have on
the Web site, but I do not have that information in my notebook
here. I would be happy to get you that information.
Mrs. Kirkpatrick. Okay. I would appreciate that.
Mr. Chairman, thank you for those additional questions, and
I yield back.
Mr. Flores. Thank you, Ms. Kirkpatrick. Any other Members
have any other questions?
Mr. Runyan?
Mr. Cook?
Mr. Wenstrup?
I want to thank the second, before I close, I want to thank
Mr. Coy for the new tips emails that you're sending out for EO
programs. I think that is the type of outreach we need. We
appreciate you being proactive in doing that. So I would like
to thank the second panel for your testimony and you're now
excused, and we will ask the third panel to come to the witness
table.
With us today for the third panel are Mr. Gallucci with the
Veterans of Foreign Wars of the United States; Mr. Jeffrey
Steele from the American Legion; and Major General Andrew Davis
from the Reserve Officers Association, and we also have written
testimony from Mr. Rick Weidman of the Vietnam Veterans of
America, which will be entered into the record. I want to
welcome each of you to this hearing.
And we will start with Mr. Gallucci, you are now recognized
for five minutes.
STATEMENTS OF RYAN M. GALLUCCI, DEPUTY DIRECTOR, NATIONAL
LEGISLATIVE SERVICE, VETERANS OF FOREIGN WARS OF THE UNITED
STATES; JEFFREY STEELE, ASSISTANT DIRECTOR, NATIONAL
LEGISLATIVE COMMISSION, THE AMERICAN LEGION; MAJOR GENERAL
ANDREW ``DREW'' DAVIS, USMC (RET.), EXECUTIVE DIRECTOR OF THE
RESERVE OFFICERS ASSOCIATION
STATEMENT OF RYAN M. GALLUCCI
Mr. Gallucci. Thank you, Chairman Flores.
Chairman Flores, Ranking Member Kirkpatrick and Members of
the Subcommittee, on behalf of the men and women of the VFW,
the Nation's largest and oldest organization of combat
veterans, I want to thank you for the opportunity to present
the VFW's thoughts on today's pending legislation.
The VFW generally supports each bill up for discussion
today and I refer you to my prepared remarks for our in-depth
thoughts on each piece of legislation. For the balance of my
time, I will focus on three specific bills, H.R. 1357, which
seeks to improve the Veterans Retraining Assistance Program;
H.R. 1796, the Troop Talent Act; and H.R. 1842 the Military
Family Home Protection Act.
First, on H.R. 1357, the VFW has heard from many veterans
that the Veterans Retraining Assistance Program or VRAP has
already helped them secure the skills necessary to succeed in
the competitive job market. Unfortunately, the latest
statistics from VA still demonstrate that the benefit remains
drastically underutilized even by veterans who are already
approved to participate.
The VFW believes that this unique benefit, which is
designed to serve the largest population of unemployed
veterans, has the potential to change the lives of many more if
we slightly modify some of its stringent requirements allowing
veterans the flexibility to complete approved programs.
The VFW raised concerns before this Subcommittee in April
that the requirement for all participants in VRAP to attend as
full-time students prevented some from receiving necessary
remediation to finish their programs; furthermore, many
veterans who qualify for VRAP may also need to balance other
life obligations in order to pay their bills and complete the
approved academic program. With these two issues in mind, the
VFW is proud to support Representative Johnson's efforts to
allow certain VRAP's participants to utilize their benefits for
programs technically designated as less than full-time.
Next on H.R. 1796, the VFW has consistently advocated to
improve the transferability of military training and experience
for veterans seeking civilian professional licenses and
credentials. While the Department of Defense, private industry
and State governments have made significant efforts in the last
few years to improve the translation of military skills for
these purposes, the VFW believes that we can do more, which is
why we are proud to support Representative Duckworth's Troop
Talent Act and its companion bill in the Senate.
In a recent town hall meeting with veterans advocates,
Congresswoman Duckworth discussed how her personal military
experience as an officer afforded her countless professional
development opportunities while on active duty. Unfortunately,
her enlisted counterparts were not afforded similar
opportunities to acquire skills that would prove useful in
post-military life.
Through the Troop Talent Act, more military personnel will
have access to civilian credentialing opportunities while on
active duty. Servicemembers will also be allowed to use
educational assistance benefits to pursue civilian licenses and
credentials and the military's pilot program on civilian
credentialing will expand to include information technology.
The bill also requires each service secretary to make
specific information on military training available to civilian
credentialing bodies and reconstitutes VA's advisory committee
on professional licensure and certification to ensure that
licenses and credentials eligible for programmatic
participation remain relevant to civilian careers.
The VFW believes that unemployment in the veterans
community cannot be solved through post-military intervention
alone and that the military must better prepare its trained
professionals to succeed after service. This bill helps to
facilitate a servicemember's smooth transition into a quality
career after the military and we encourage the Committee to
move quickly on it.
Finally, on H.R. 1842, over the last few years, the VFW has
heard horror stories about banks foreclosing on military
homeowners while either their loved ones are overseas or
recovering from life-altering injuries. While the
Servicemember's Civil Relief Act or SCRA offers some protection
to vulnerable military families, the VFW believes that some
financial institutions assert the law or even hold military
families, military status against certain families when
extending credit or other financial services. The VFW believes
that these practices must stop and we are proud to support
Representative Cummings' continued efforts to make this
possible.
This bill seeks to end predatory foreclosures on military
families by extending SCRA protection for families whose loved
ones are not only deployed, but also permanent and total
disabled, who lost their lives in the line of, or who lost
their lives in the line of duty, regardless of when the
mortgage was commissioned. This bill also strengthens criminal
penalties against institutions that knowingly violate SCRA and
creates penalties for withholding or denying financial services
for those who claim SCRA protection. Never again should a
military family worry that the bank will seize their home while
their loved one is serving overseas or after their loved one
has made the ultimate sacrifice.
Military homeowners face unique circumstances and deserve
these kind of reasonable accommodations. A similar version of
this bill almost passed last year as Representative Cummings
outlines in his statement as an amendment to the National
Defense Authorization Act. We hope this Committee will once
again move this legislation quickly, affording critical
financial protections to our military families at times of
extreme vulnerability.
Chairman Flores, Ranking Member Kirkpatrick, this concludes
my statement and I am happy to answer any questions any Members
of the Committee may have.
[The prepared statement of Ryan M. Gallucci appears in the
Appendix]
Mr. Flores. Thank you, Mr. Gallucci.
Mr. Steele, you are recognized for five minutes.
STATEMENT OF JEFFREY STEELE
Mr. Steele. Chairman Flores, Ranking Member Kirkpatrick and
distinguished Members of the Subcommittee, on behalf of
Commander Koutz and the 2.4 million members of the American
Legion, I thank you and your colleagues for the work you do in
support of our servicemembers and veterans, as well as their
families.
As you know, veterans of the Iraq and Afghanistan
campaigns, as well as those from previous eras, are met with
daunting challenges at home. Unemployment for our newest
veterans is still outpacing the national average. Older
veterans face a changing job landscape where hard work was once
rewarded, but now advanced skill sets are valued.
New veterans need help to take the skills they learned in
the service into the workforce. We are pleased to see that the
pending legislation before us today addresses some of these
challenges in productive ways. We have addressed each of the
pending bills in our written statement here, I will highlight
just two, which we strongly support.
H.R. 1796, Troop Talent Act of 2013 sponsored by
Representative Tammy Duckworth is a veterans employment measure
to design to ease servicemembers transitions to civilian
employment. This bill would bolster efforts to streamline the
process of obtaining certifications and occupational licenses
and help veterans put to use skills learned in the military.
The American Legion has been urging Federal and State
lawmakers as well as industry leaders to streamline the
military-to-civilian licensing and certification process for a
decade and a half now. Enactment of legislation consistent with
this effort like the Troop Talent Act will benefit not only the
servicemember, but those who eventually employ him or her in
the civilian workforce.
By encouraging the Department of Defense to provide more
information about military training and curriculum to
organizations involved with private sector credentialing
process, this legislation would help them better account for
military training in the awarding of such credentials. Civilian
credentialing can contribute to servicemember and veteran
personal and professional career development, if done right;
however, the VA may lack subject matter experts that can
provide recommendations to improve VA's licensing and
certification database or improve the quality of the State
Approving Agency approval process or develop and update
material on the licensing and certification for use in the
training of State Approving Agency staff; therefore, it is
extremely important that the Professional Certification and
Licensure Advisory Committee or PCLAC be reauthorized, another
important provision in this bill. It will bring those subject
matter experts to assist VA where they may lack expertise.
As you know, the last few years have seen a major cultural
shift for the military with top defense officials supporting
servicemember credentialing, as well as expanded support for
veteran credentialing on Capitol Hill with the passage of
legislation which the Legion has either helped draft or which
we have supported. As such, we believe there is a definite need
to resume this independent body which can present new solutions
to VA senior leadership and congressional members, as well as
other stakeholders.
It should also be noted that key provisions of the Troop
Talent Act have been included in the House version of the
fiscal year 2014 National Defense Authorization Act; however,
reauthorization of the Professional Certification and Licensure
Advisory Committee was not among those provisions because it
was outside of the jurisdiction of the Armed Services
Committee. I acknowledge Deputy Under Secretary Coy's concerns
about the Committee, but believe that those could be addressed
working with this Committee and Mr. Coy.
Next, H.R. 2011 provides for a two-year extension of the
Veterans' Advisory Committee on Education. This advisory
committee is composed of members who are prominent leaders in
the veterans education and training area. The American Legion
has long-served as a member and can attest from organizational
experience to the value of this advisory committee. We believe
there is a definite need to maintain this and an independent
body that is able to analyze and develop intelligent practical
solutions to difficult educational issues and to present those
solutions to VA's senior leadership and congressional members,
as well as other stakeholders.
Salient issues this advisory committee can address include
the need to help evaluate the implementation of the Improving
Transparency of Educational Opportunities for Veterans Act of
2012 which requires schools to provide academic performance
stated to the VA, as well as President Obama's Executive Order
No. 13607 establishing guidelines for institutions catering to
servicemembers, veterans or qualified family members. Also ripe
for attention is the larger question of qualitative and
quantitative metrics for assessing student outcomes.
In conclusion, I appreciate the opportunity to present the
American Legion's views and look forward to any questions you
may have.
[The prepared statement of Jeffrey Steele appears in the
Appendix]
Mr. Flores. Thank you, Mr. Steele.
Major General Davis, you are recognized for five minutes.
STATEMENT OF ANDREW ``DREW'' DAVIS
Mr. Davis. Chairman Flores, Ranking Member Kirkpatrick and
Members of the Subcommittee, the Reserve Officers Association
thanks you for the invitation to appear and give testimony. I
am also authorized to speak on behalf of the Reserve Enlisted
Association.
Although contingency operations in Afghanistan are winding
down, there are still 54,000 reservists and guardsmen on
mobilizations and deployments, and more than 875,000
outstanding citizen warriors have sacrificed much in order to
serve during the last 12 years. The associations that typically
testify before this Committee are the Veterans Service
Organizations, so often the unique needs of the Reserve
component have been overlooked without ROA's testimony.
Reservists and guardsmen are unique because they are
discharged from active duty but remain on military service.
Their numbers are reported to the VA by the Department of
Defense, but the Reserve component members' service obligation
remains and they can be recalled to additional active duty.
Often they are not given discharge or separation papers that
are required for certain veterans benefits, and most do not
have access to the same transition education programs as
veterans leaving active service.
Due to stealth discrimination and employers' concerns about
the mobilization of a peacetime operational reserve,
unemployment for 18-to-24-year-old Reserve and Guard members is
triple the unemployment rate for non-affiliated veterans. ROA
and REA would like to thank the Committee for recognizing the
role that military families play in supporting the missions of
the uniformed services.
H.R. 821 by Representative Grayson and H.R. 1842 by
Representative Cummings are bills that make improvements to the
Servicemembers Civil Relief Act. Protection of a serving
member's home and finance are key protections needed when
deployed or back in the States.
H.R. 331 by Representative Calvert and H.R. 1357 by
Representative Johnson are bills that improve the tracking of
students under the various veteran education benefits.
Returning veterans are often non-traditional students. A
four-year college program isn't necessarily the path for all
veterans. Before graduation, the non-traditional student may
leave and be readmitted to a school several times affected by
priorities from current employment and family. Attrition
numbers can appear higher if an individual is not tracked
through his or her full progress.
H.R. 2011 by Representative Delaney would include chapter
31 of title 38 under the purview of the Veterans' Advisory
Committee on Education. ROA and REA concur, with this,
vocational rehabilitation plays an important part of
transitioning service-connected disabled veterans back to
civilian life. ROA and REA hope that H.R. 2011 can be amended
to include chapter 1607 education as well.
Chapter 1606, the Montgomery GI Bill for selective
reservists is included under the Veterans' Advisory Committee,
but 1607, which improves their education benefits while they
are mobilized is not under the committee's purview and it
should be.
The associations support H.R. 2210 by Representative Young
of Florida that would expand the Fry Scholarship to children of
those who are awarded the Purple Heart that die within 60 days
of the date of discharge or released from active duty. These
heroes should not be excluded; however, with H.R. 2210, as with
earlier bills, ROA and REA are concerned with the definition of
active duty. Reserve and guardmembers serve under many
different types of activation orders. They have been sent into
combat areas or on missions of shorter duration on other than
active duty orders and these other types of orders need to be
covered.
H.R. 1796 by Representative Duckworth directs the military
secretaries to expand communications with serving members on
civilian credentialing opportunities. This legislation
continues the progress being made at getting military work
skills translated and recognized in the civilian work area.
ROA and REA support Representative Cook's H.R. 2150 to
extend the Homeless Veterans' Reintegration Program by five
years.
And we support Chairman Miller's H.R. 2327 to support a
Veterans Economic Opportunity Administration within the
Department of Veterans Affairs. We find that it is enforcement
that is the challenge for both labor and Justice Department for
USERRA.
Once again, I would like to thank the Subcommittee for the
opportunity to testify today and would welcome any questions.
Thank you.
[The prepared statement of Andrew Davis appears in the
Appendix]
Mr. Flores. Thank you, General Davis, and I thank all of
the panel for their testimony.
I have a couple of questions for you. The first one has to
do--you know, we've got two committees, the Advisory Committee
for Education, the Advisory Committee on Licensure and
Credentialing. Do you think there are any potential gains in
efficiency that could be made if you combine these two advisory
committees with the end goal--since the end goal of education
in many cases is licensure or the receipt of some sort of a
credential--what do you guys think about this?
Mr. Steele?
Mr. Steele. It would certainly make sense to have a certain
overlap if they are not combined, to have a certain overlap of
committee memberships so that there would be cognizance by both
committees of the work being done by the committees. Whether
they would be combined or not, that would be a question we
would have to reflect on and get back to you on.
Mr. Flores. Okay. Mr. Gallucci, any initial comments?
Mr. Gallucci. Thanks, Chairman Flores.
Just thinking about how complicated the landscape of higher
education has been over the last couple of years, that is one
of the reasons that we would prefer to see the education
committee reauthorized. We've seen a lot of different arguments
about whether the post-9/11 GI Bill is going to the kinds of
programs that we intended it to go to. We have seen impropriety
in different sectors of higher-ed to include not-profit publics
who are now under the microscope for the way that they send in-
state tuition to certain student veterans. We feel that higher
education is such a complex landscape that it demands specific
attention and licensing and credentialing goes far beyond just
the purview of the GI Bill approved programs, but also involves
how military professionals are credentialed while they are on
active duty.
Mr. Flores. General Davis, any thoughts?
Mr. Davis. Let me just add to that, that on the licensing
and credentialing, there are some occupational fields that are
obvious and others, I think, that was just touched on by your
questions, like combat arms, that are not so easy. And, quite
frankly, that has been a challenge for both the Department of
Defense and its databases to make that translation.
If you look at the Hero2Hired Web site and type in infantry
officer, things pop up like security consultant or security
guard which have nothing to do with the experience of the
veteran.
Mr. Flores. Okay. Thank you.
Mr. Steele, the American Legion is not taking a position on
Chairman Miller's bill to create the Veterans Economic
Opportunity Administration. Does the Legion have a resolution
on the initiative that would actually increase oversight of
economic opportunity initiatives?
Mr. Steele. We do not have a resolution that speaks to that
legislation, so we took no position.
Mr. Flores. Okay. I see.
The next question is for Mr. Gallucci, can you tell me why
your read of our bill, of my bill, H.R. 2481, could allow a
veteran to accidentally revoke the wrong education benefit,
when actually the intent of the legislation is to prevent that
mistake? I mean I've actually watched the claims processors go
through that part of an original claim as they are setting it
up and I can see the--if I put myself in the veteran's shoes, I
can see how they could make that mistake.
Mr. Gallucci. Absolutely. I want to explain a little bit
about where our justification came for--we definitely support
the intent of the bill, but to echo a little bit about what Mr.
Coy had said earlier, we do have some concerns about the
practical application of it and we would be happy to sit down
with your staff afterwards and discuss the specifics of the
bill and how it's written out.
Just reading the complexity of the language, we would be
concerned that if VA made a decision for a veteran to revoke a
certain benefit, that if the veteran really did want to use
that benefit, that they would still have that option.
Mr. Flores. Well, actually, the bill is designed that way
so that the VA will make a provisional determination and then
the veteran can always revoke that, so we've tried to build
that in with the bill.
For all of you, we have about a minute left, you know,
about three years ago there was a significant concern about the
large number of foreclosures that were in violation of the
Servicemember's Civil Relief Act and my question for you is
this, and I think some of you touched on it in your testimony,
the question is pretty simple: Do you think the financial
services industry has cleaned up its act? Are you actually
continuing to hear about foreclosures under the SCRA?
Mr. Davis. Our early empirical evidence--we have a
servicemembers loss center that is fielding more than a
thousand calls a month from reservists in some sort of distress
or with questions. About half of those are USERRA or
employment-related. About half of the remaining half are
financial institution related.
Foreclosure is not one of the issues that we are hearing.
We are hearing more of the issues of credit card and other
lending abuse; it's not foreclosures.
Mr. Flores. Mr. Steele or Mr. Gallucci, can you give me a
yes/no answer?
Mr. Steele. Chairman Flores, if you don't mind, I would
like to take that question for the record. We've been speaking
recently with the Department of Justice's veterans fraud
initiative and some of the ways that the Federal government is
tracking complaints by veterans specifically related to banking
and credit issues. I don't have their information, their latest
information in front of me, but I think we can come up with a
better answer for you, but we do think this is a major problem
that is on-going for the veterans community.
Mr. Flores. Okay. Thank you.
Now, I recognize the Ranking Member for five minutes.
Ms. Kirkpatrick. Thank you.
Mr. Gallucci, at the beginning of your testimony, you said
that the VRAP program is underutilized. I would like to know
the top three reasons in your opinion for that and then what
solutions could be put in place to address that problem.
Mr. Gallucci. Absolutely. Thanks for the question.
What we've seen as the top hurdles are access to approved
programs, the difference between part-time/full-time approval,
but then also the financial concerns for a veteran, which
really isn't related to what this Committee would have
jurisdiction over, but let me talk to the first two,
specifically.
What I mentioned in my testimony was the access to
remediation. The example that I used back in the hearing in
April came from the Community College of Rhode Island Student
Veterans Organization and what they had explained to the VFW
was that a veteran may enter an approved program that doesn't
necessarily correspond with the academic calendar, the
traditional academic calendar at that community college.
So what happens is, before that veteran can enter the
program, they may have failed the basic math or basic typing
class, so they would need significant remediation before they
could successfully complete it. But what happens during the
enrollment phase is that remediation doesn't necessarily
correlate with the approved program, so at some point they are
going to drop below full-time and they've run into a number of
hurdles at that school, specifically, but we have also heard of
other examples where remediation has been a problem.
Next would be approval of certain institutions and we
outlined this as well in April, just touched on it briefly, was
that a two-year--it's specifically relegated to two-year
institutions, so community colleges, technical schools, but
there are four-year colleges that serve as de facto community
colleges in their communities. I believe the example used was
Penn State in Erie, Pennsylvania.
So our concern is that there are good two-year programs,
certificate programs, at four-year institutions where VRAP
eligible veterans could be going, but they can't get in because
of how the program is drafted up.
Mrs. Kirkpatrick. And you would think that that requires a
legislative solution to address those problems?
Mr. Gallucci. We do just because of how the VOW to Hire
Heroes Act was written, it specifically outlines that it's only
for two-year programs.
Mrs. Kirkpatrick. And with regards to proportionality, if
that is retained, I mean that is half-time student/half-time
paid, do you think that could actually harm veterans, rather
than helping them?
Mr. Gallucci. That is a good question and that is a bit of
concern and we wouldn't want it--we wouldn't want to see a VRAP
eligible veteran only taking one class at a time since you only
have 12 months of eligibility for your benefit. But we feel
that there would be a happy medium based on the length of your
program.
Say it was a nine-month certificate program, you have
twelve months of benefit--if you can--if it goes to just below
what would be considered full-time for that institution, we
wouldn't necessarily see a program. But we do understand the
concern that a veteran wouldn't be on a reasonable schedule to
complete a program if they were only taking one or two classes
at a time.
Mrs. Kirkpatrick. And then my last question is for the
entire panel, regarding the military occupational specialties
and getting concurrent certification for civilian programs,
what problems do you see, if any, in instituting that kind of
policy?
Let me refine that a little bit. I guess, who should be in
charge of that certification, should it be done at the state
level? If you do that, are you going to run into problems in
fifty states having different certification requirements? How
do we address that at a national level?
Mr. Steele. Well, unfortunately, because of the nature of
the credentialing system and the Federal nature of our system,
it's going to have to have a fifty-state--it's going to impact
fifty states, so--but the Department of Defense has done a
wonderful job of getting on board with this effort. They, from
what I understand, are attempting to make every effort to work
with us on this and work with you on this. I don't see why it
can't be done. We look forward to the report in September.
Mrs. Kirkpatrick. Okay. Thank you.
And I yield back, Mr. Chairman.
Mr. Flores. Thank you, Ms. Kirkpatrick.
Mr. Cook, do you have any questions?
Mr. Cook. Yes, sir. I had one--and I want to apologize, I
was in another Committee for the beginning of this and maybe I
missed part of this, because it was in regards to your comment
in one of the earlier bills about the gentleman was making
about the Purple Heart--and exactly how being a reservist that,
if I understood it correctly, I was somewhat shocked and maybe
I didn't read it right because it wasn't on my--could you go
into----
Mr. Davis. This is not a reserve-specific bill. The bill,
which is H.R. 2210, talks about the extension of Fry amendment
scholarships to Purple Heart recipients who die subsequent to
the end of their military service, and this would extend their
benefit for a period of time and we think that is a good idea.
Mr. Cook. Okay. I was a little bit confused because I was
starting to wonder, wait a minute, it doesn't make a difference
if you get a Purple Heart whether you're a reserve or a
regular, it's just combat-enemy action and it wouldn't--but
thank you for clarifying that. I appreciate that.
That is all I had.
Mr. Flores. Thank you, Mr. Cook.
Ms. Kirkpatrick has another question.
Mrs. Kirkpatrick. Mr. Gallucci, I would like to hear your
response to my last question about the military occupational
specialty and the civilian certification and meshing that
together as a fifty-state level.
Mr. Gallucci. Absolutely. This is why we feel the DoD pilot
is so important and also allowing servicemembers to access
credentialing opportunities while they are still on active
duty, as my colleague from the American Legion said, it is
going--because of how complicated licensure and credentialing
is and because the states have the right and duty to license
professionals as they see fit within their borders, it's going
to be a multitiered solution.
What we can do on the Federal level is make sure that
servicemembers, while they are on active duty, have access to
civilian credentialing opportunities that will help smooth that
transition, so once they decide to leave the military, that
there won't be a gap between their end of time in service and
the time that it takes to start a career.
Mrs. Kirkpatrick. Thank you very much and I thank the panel
and I yield back.
Mr. Flores. If there are no further questions, the
witnesses are excused with our thanks. We appreciate your
participation and your insight that you've given us today.
I would like to announce that the Economic Opportunity
Subcommittee is tentatively scheduled to hold a markup on some
or all of the bills that we talked about today, that we heard
testimony on today on July the 18th.
Finally, I ask unanimous consent that all Members have five
legislative days in which to revise and extend their remarks on
any of the bills under consideration today.
Hearing no objections, so ordered.
This hearing is adjourned.
[Whereupon, at 3:47 p.m. the Subcommittee was adjourned.]
A P P E N D I X
----------
Prepared Statement of Hon. Bill Flores
Good afternoon. We have a full plate of bills and witnesses so I
will limit my opening remarks to a comment on VA's testimony on my
bill, H.R. 2481.
I introduced H.R. 2481 in response to suggestions from the Atlanta
Regional Procession Office staff who noted that mistakes on the
application for Post-9/11 GI Bill benefits cause significant delays in
processing original claims.
Apparently, some veterans are revoking programs for which they have
no entitlement or choosing older programs and giving up the Post-9/11
benefit. My bill would have VA review an application and if it is
obvious the veteran made what appears to be a bad choice, choose the
best program and contact the veteran and offer the veteran the
opportunity to reject VA's recommendation. This process would not stop
their application from moving forward and could reduce processing time
for original claims.
VA has already provided us with technical assistance on the bill
and I am grateful that they have offered additional help. Given that
assistance and staff conversations, I am surprised that VA is not
commenting on the bill today and I will have that discussion with them
after their testimony.
I now recognize the distinguished Ranking Member from our third-
largest state, Mr. Takano for his opening remarks.
Prepared Statement of Hon. Ken Calvert
Chairman Flores, Ranking Member Takano and distinguished members of
the subcommittee - thank you for inviting me here to testify today on
HR 331, a bill that would streamline VA processes to the benefit of our
veterans.
The issue is fairly specific to community college districts that
have multiple colleges as part of the district. Currently, the
department of Veterans Affairs (VA) requires Community Colleges to
certify that their veteran students are enrolled for a specific number
of classes before the VA will disperse student benefits.
Ranking Member Takano's congressional district and my district
include a community college district with three colleges. The community
college district operates under uniform curriculum for all three
colleges. Under current regulations, each of the three colleges must
write letters to the other colleges within the District to verify their
classes meet regulations. This unnecessary paperwork delays benefits to
veterans and increases processing time and costs to college district as
well as the VA.
This process is unnecessary because:
All the colleges' curriculum is approved at the District
level and is aligned across colleges;
The District registration system includes an option for a
student to register at any one of the colleges in the same term;
The District's computer system contains all student and
course information on one record that can be accessed and viewed at any
of the colleges;
A student's official transcript includes courses taken at
all of the three colleges.
HR 331 would correct the problem by permitting each college in the
District to certify veterans for all classes attended within the
District rather than just for classes attended at that particular
college. HR 331 would update the rules which would mean veterans would
receive their benefits sooner and the VA would have less paperwork to
process.
HR 331 provides an important and necessary legislative fix to a
problem that is impacting veterans in my and Congressman Takano's
congressional districts and could be impacting thousands of veterans
across the country. I would like to personally thank Chairman Flores'
staff for their work and advice in drafting this bill and I welcome any
questions the subcommittee may have at this time.
Thank you.
Prepared Statement of Hon. John Delaney
Re: Testimony before the House Veterans Affairs Committee addressing HR
2011
Chairman Flores and Ranking Member Takano, thank you for the
opportunity to address the Subcommittee this afternoon. As I begin my
remarks I would also like to thank my colleague Congressman Jim Renacci
for his strong support of this bill and our veterans.
I am proud to be here to discuss the Veterans Advisory Committee on
Education Reauthorization Act of 2013. This important piece of
legislation will help amplify the voices of our veterans on issues of
job training and education and help improve existing benefit programs.
By increasing collaboration and communication between the Department of
Veterans Affairs and our veterans on issues of education and training,
we can ensure that the brave men and women of our armed services are
equipped to compete in the 21st century economy.
The Veterans Advisory Committee on Education helps advise the
Secretary of Veterans Affairs on how best to improve and coordinate our
veterans education and job training programs. The Committee is composed
of veterans and experts in the fields of education, labor, and
management, and includes veterans' representatives from World War II,
Korea, Vietnam, the Gulf War, and the post-911 conflicts. Versions of
the committee have existed since 1972, and without Congressional
action, the Committee will sunset at the end of this year.
Since 1944, the VA has been providing critical veterans educational
assistance benefits through the GI bills and associated programs, such
as the Transition Assistance Program, the Reserves Educational
Assistance Program, and the Veterans Retraining Assistance Program.
These are critical programs, but clearly, no program is perfect, and
therefore, we should make sure that the VA adapts to changing times and
new trends.
In past years, the Veterans Advisory Committee has provided
invaluable aid to the VA's efforts in administering the education
programs, including significant input on the post-9/11 GI Bill and the
Principles of Excellence Program, which provides guidelines for
educational institutions receiving federal funding. Of the 57
recommendations submitted by the committee between FY2003 and FY2012
over 40% have been or will be implemented.
Still there is much work to be done. According to the Bureau of
Labor Statistics, the unemployment rate for veterans who served after
September 2001 is 10.2%, which of course, is much higher than the
unemployment rate for nonveterans during the same time period. This is
simply unacceptable. We must do more for our veterans who are returning
from recent conflicts so that they can compete and thrive in the 21st
century economy.
By reauthorizing the Veterans Advisory Committee, we can provide a
much needed post-9/11 perspective on matters of education with a
renewed energy and focus, so that we can ensure our veterans' education
programs are responsive, accountable, and effective.
We have an obligation to stand with our veterans and help ease
their transition to civilian life. This is not just a matter of
economics; it is a matter of dignity. Veterans deserve the dignity of
gainful employment that provides a standard of living befitting their
service to our country. One simple way to do this is by ensuring that
they receive the education and job training they need.
I thank the Committee members for their time this afternoon. I look
forward to collaborating with you on this bipartisan legislation that
will provide for smarter government and better educational outcomes for
our veterans.
Prepared Statement of Hon. Alan Grayson
Chairman Flores and Ranking Member Takano, thank you for calling
this legislative hearing.
I am here today to address H.R. 821, a bill ``To amend the
Servicemembers Civil Relief Act to provide surviving spouses with
certain protections relating to mortgages and mortgage foreclosures,
and for other purposes.''
In plain English, this bill would extend mortgage foreclosure
protections to the surviving spouses of men and women who are killed
while serving in the United States military.
Under current law, members of the military are shielded from
foreclosure while they are on active duty. This bill would extend those
same protections to a surviving spouse of a servicemember who is killed
while serving our nation.
H.R. 821 is a reintroduction of last term's H.R. 1263 which Bob
Filner, my good friend and the former Chairman of the Veterans Affairs
Committee, introduced and passed through the House of Representatives
by a voice vote during the last Congress. Unfortunately, the Senate
never acted on the bill.
The only difference between his bill and mine appears in Section 3.
There is slight change, resulting in a shorter bill, that reflects
intervening changes in law made by the ``Honoring America's Veterans
and Caring for Camp Lejeune Families Act of 2012''. Previously,
servicemembers were afforded foreclosure protections for nine months
after they separated from service. They now have a full year, and this
bill reflects that.
Mr. Chairman and members of the subcommittee, Florida is a state
that produces a high number of men and women who enlist in our armed
forces. It is also a state whom a large number of veterans call
``home''.
Unfortunately, Florida has also lost 343 of its sons and daughters
in Iraq and Afghanistan - second only to Texas.
Given that statistic, and given the fact that I represent a
district consistently ranked at, or near the top, in foreclosure
activity nationwide, I felt compelled to reintroduce this bill.
This committee held multiple hearings on the issue throughout last
Congress, and there were consistent reports on the need for it.
In January of 2011, a JPMorgan Chase official told NBC News that
over 4,000 servicemembers had been illegally overcharged on their
mortgage interest rates, and that many military families had been
improperly foreclosed upon, in violation of the `Servicemembers Civil
Relief Act' (SCRA).
This revelation addressed only servicemembers who had SCRA
protections, and only covered the actions of one bank. Surviving
spouses are not afforded the same protection by SCRA, and we can only
guess how many unfortunate husbands and wives lost their homes when
they needed our protection the most.
Later that year, more allegations surfaced of SCRA violations by
JPMorgan Chase and other lending institutions.
In response, this Committee held oversight hearings to review the
allegations. It received testimony from Captain Jonathon Rowles (USMC)
and Mrs. Julia Rowles, about their troubles with JPMorgan Chase.
Mr. and Mrs. Rowles testified that when they called the toll-free
number provided by their bank, employees were woefully uninformed about
SCRA protections, and nobody seemed in charge of ensuring that the bank
was compliant.
In response to that testimony, and other revelations that came to
light through the Committee's continuous oversight of SCRA abuses, H.R.
821 requires lending institutions to employ and/or designate a SCRA
compliance officer.
Every bank must take SCRA seriously, and every bank must have at
least one person responsible to ensure the institution's compliance.
USA Today has reported that more than 20,000 military members and
Reservists faced foreclosure in 2010 alone.
That is a staggering number, and it is a serious problem. A
servicemember's home is often his or her largest financial asset. It is
an investment that should be protected.
Servicemembers and veterans, as well as their families, should have
an opportunity to avoid black marks on their credit history by working
with lenders to minimize the chance of foreclosure.
Some military families experience difficulties - often related to
owning a home where the servicemember is stationed - in the transition
from the military to the civilian world. These problems are only
magnified in the tragic instance of a servicemember's death.
According to the Washington Post, 6,668 servicemembers have died in
service since U.S. forces began Operation Iraqi Freedom and Operation
Enduring Freedom combat operations in 2001. This means that thousands
of families have lost a spouse, a wage earner, and servicemember
mortgage protections under SCRA.
While a family grieves the loss of a servicemember, the resulting
change in income is likely to force a surviving spouse to make
difficult financial decisions - including whether or not he or she will
keep or sell the home.
A surviving family should be given sufficient time after the loss
of a loved one to refinance, make arrangements with the lender to
restructure their loan, or sell the house. Unfortunately, right now,
they are not afforded the extra time they often need.
Mr. Chairman, this is a serious problem, and it is one that can be
solved. I thank you for the time today to appear before you, and I
thank each of you for listening. I respectfully request your support of
this bill.
Prepared Statement of Hon. Bill Johnson
Chairman Flores, Ranking Member Takano, and Members of the
Subcommittee:
I appreciate the opportunity to testify before you on H.R. 1357,
legislation I introduced to amend the definition of ``full-time'' for
technical training programs under the Veterans Retraining Assistance
Program, or VRAP.
As an Air Force veteran who served as a Subcommittee Chairman on
the House Veterans' Affairs Committee last Congress, I was proud to
support the VOW to Hire Heroes Act of 2011. This important legislation
provided several provisions to assist unemployed veterans, including
improvements to the Transition Assistance Program (TAP), veterans tax
credits, requirements for translating military skills and training into
commercial opportunities, and expanded educational and training
benefits, including VRAP.
The Veterans Retraining Assistance Program (VRAP) provides
unemployed veterans aged 35 through 60, who are not eligible for other
VA education benefit programs, up to 12 months of full-time training
assistance. Over 53,000 veterans are enrolled in training programs
through VRAP, and the Department of Veterans Affairs (VA) is still
accepting applications from eligible veterans.
An unintended shortfall of VRAP came to my attention last fall when
unemployed veterans in Eastern and Southeastern Ohio, who were approved
for VRAP, were unable to find eligible technical training programs for
their chosen occupation. The reason being, that programs approved for
VRAP must be full-time, which is defined as requiring 18-22 ``seat-
time'' hours. As these veterans discovered, the majority of technical
training programs that are considered to be full-time outside of the
VA's definition fall short of VRAP's seat-time requirement.
For example, several veterans from Ohio's 6th District wished to
use their approved VRAP benefits to do a welding program - an
occupation on the rise in Eastern and Southeastern Ohio due to
increased oil and gas development in the region. While there were
welding programs available in the area, they did not meet the seat-time
hour requirement. Some of these programs, such as the welding program
at the Washington County Career Center, are even approved by the VA
under regular GI Benefits, but as part-time programs. As programs under
VRAP must be full-time, these veterans were approved for VRAP benefits,
but unable to use them.
H.R. 1357 is intended to fix this unintended obstacle and expand
opportunities for unemployed veterans to complete technical training
programs. Specifically, this legislation would amend the VRAP
definition of full-time for technical training programs, to only
require 16 seat-time hours, so long as these programs are also approved
by the VA for other educational benefits.
The purpose of VRAP is to give America's veterans access and the
opportunity to enhance their skills, enabling them to better compete in
today's job market. In my view, the difference of a few seat-time hours
should not prevent a veteran from taking a training program that will
enhance their ability to be hired - particularly if the veteran ends up
with a comparable certificate or degree from other institutions that
require slightly more seat-time hours.
Chairman Flores, Ranking Member Takano, thank you again for the
opportunity to speak on this important legislation, H.R. 1357. I am
hopeful that this legislation will be favorably considered by the
Veterans' Affairs Committee, so as to provide our nation's unemployed
heroes with more opportunities to enhance their skills and find gainful
employment.
Executive Summary
The Veterans Retraining Assistance Program (VRAP) provides
unemployed veterans aged 35 through 60, who are not eligible for other
VA education benefit programs, up to 12 months of full-time training
assistance. Over 53,000 veterans are enrolled in training programs
through VRAP, and the Department of Veterans Affairs (VA) is still
accepting applications from eligible veterans.
For the purposes of VRAP, full-time programs are defined as
including 18-22 seat-time hours. Unfortunately, veterans in Eastern and
Southeastern Ohio discovered that the majority of available technical
training programs fall short of VRAP's seat-time hour requirement. Some
of these programs are even approved by the VA under regular GI
Benefits, but are considered to be part-time programs. As veterans
approved for VRAP do not qualify for other VA educational benefits,
they are thus prevented from taking these technical training programs.
H.R. 1357 is intended to fix this technicality and expand
opportunities for unemployed veterans to complete technical training
programs. Specifically, this legislation would amend the VRAP
definition of full-time for technical training programs to only require
16 seat-time hours, so long as these programs are also approved by the
VA for other educational benefits.
Prepared Statement of Curtis L. Coy
Good afternoon, Mr. Chairman, Ranking Member Takano, and other
Members of the Subcommittee. Thank you for the opportunity to be here
today to provide the Department of Veterans Affairs (VA) views on
pending legislation affecting VA's programs, including the following:
H.R. 331, H.R. 821, H.R. 1357, H.R. 1796 (sections 4(b) and 6), H.R.
1842, H.R. 2011, H.R. 2210, and H.R. 2327. Other bills under discussion
today would affect programs or laws administered by the Department of
Labor (DOL) and the Department of Defense (DoD). Respectfully, VA
defers to DOL's views on H.R. 2150, a bill to provide for a 5-year
extension of the Homeless Veterans Reintegration Program. Accompanying
me this morning is Mr. John Brizzi, Deputy Assistant General Counsel.
H.R. 331
H.R. 331 would amend section 3684(a) of title 38, United States
Code, to permit any public institution in a consortium (or district) to
certify to VA the enrollment of any student enrolled in an institution
in such consortium. Specifically, this section would allow any
institution in a consortium (or district) to report enrollment
information to VA for any student enrolled in an educational
institution that is part of the consortium if all institutions of that
entity are located in the same state and the consortium is organized in
a manner that facilitates the centralized reporting of enrollments in
any of such institutions. It would, further, require individuals and
educational institutions participating in the Post-Vietnam Era and
Post-9/11 Veterans' Educational Assistance Programs to report to VA
enrollment and any interruption or termination of the education of such
individuals (thereby making the enrollment reporting requirements for
the Post-Vietnam Era and Post-9/11 Programs consistent with other
Veterans' education programs).
VA supports enactment of H.R. 331. This proposal would allow each
institution in the consortium (or district) to certify the student's
enrollment regardless of where the student is matriculated.
Furthermore, since school certifying officials at each `District'
institution have access to all of that District's student records, and
all courses have universal numbering, VA compliance visits could occur
at any institution.
We estimate that enactment of this legislation would result in no
additional mandatory or general operating expense costs to VA.
H.R. 821
H.R. 821 would amend the Servicemembers Civil Relief Act (SCRA) to
provide surviving spouses with certain protections relating to
mortgages and mortgage foreclosures. While we respectfully defer to DoD
regarding the merits of this legislation, we, nonetheless, have one
technical concern.
Section 1 of the bill would expand mortgage protections provided
under section 303 of SCRA to include a surviving spouse of a
Servicemember if such spouse is ``the'' successor in interest to a
covered property. In addition to DoD's concerns, VA notes that the
extension of SCRA protections to surviving spouses directly supports
VA's mission of serving Veterans and their families. As the bill is
currently drafted, however, it seems that the spouse would have to be
the sole successor, rather than merely ``a'' successor in interest,
which could have unintended consequences if a Servicemember dies
intestate or chooses to leave some percentage of interest to another
individual, such as a child, sibling, or parent. In that instance, a
surviving spouse with only a partial interest in a property might be
excluded from protection.
Section 2 of the bill would require certain lending institutions to
appoint SCRA compliance officers, and section 3 would extend certain
SCRA protections provided by the Honoring America's Veterans and Caring
for Camp Lejeune Families Act of 2012.
Provisions of this bill may have an impact on VA loan subsidy
costs. We will provide an estimate of cost for the record.
H.R. 1357
H.R. 1357 would amend section 211(b) of the VOW to Hire Heroes Act
of 2011 to permit retraining assistance under the Veterans Retraining
Assistance Program (VRAP) to be used by a Veteran to pursue a program
of education for training on a less-than-full-time basis if the program
consists of at least 16 seat-time hours (or the equivalent). VA
supports this proposal.
This proposal would greatly enhance training opportunities for
Veterans who are eligible under this program. The VOW to Hire Heroes
Act of 2011 created VRAP to help retrain individuals hardest hit by
unemployment - Veterans aged 35 to 60. Currently, only Veterans
training on a full-time basis are eligible to receive payments under
VRAP. As of June 12, 2013, VA approved 105,934 applicants; however,
only 52,228 participants are enrolled in school. Legislation that
authorizes Veterans to train on a less than full-time basis would allow
for greater participation under VRAP. However, VA is unclear as to the
meaning of ``16 seat-time hours.'' Programs are currently measured on
either a credit-hour or clock-hour basis. Courses measured on a credit-
hour basis generally require 12 or 14 credit hours (or the equivalent)
for full-time training, while those measured on a clock-hour basis
require 18 or 22 hours for full-time training. If the intent is to
allow for the payment of VRAP benefits to Veterans enrolled at more
than one-half time, at least three-quarter time, etc., then VA
recommends the language be changed to be specific to the required level
of enrollment.
We will be pleased to provide an estimate of the cost of enactment
of this bill for the record.
H.R. 1796
H.R. 1796, the ``Troop Talent Act of 2013,'' proposes to ensure
that the education and training provided members of the Armed Forces
and Veterans better assists them in obtaining civilian certifications
and licenses. VA respectfully defers to DoD's views on the merits of
the proposals set forth in sections 3, 4(a), and 5 of this bill.
Section 4(b) of the bill would allow Servicemembers or Veterans to
use educational assistance provided through VA in pursuit of a civilian
certification or license only if the successful completion of a
curriculum fully qualifies such student to take the appropriate
examination and be certified or licensed to meet any other academic
conditions required for entry into that occupation or profession and,
where specialized accreditation is required by a State, the curriculum
meets the requirements for that accreditation by an agency recognized
by the Department of Education or designated by the State. The
amendments made by this section would take effect on August 1, 2014,
and would apply to courses pursued on or after that date. VA does not
oppose legislation that would allow us to pay for courses offered by
educational institutions that are required to obtain employment in an
occupation or profession that requires approval or licensure of a board
or Stage agency. However, if the intent of the legislation is to allow
GI Bill beneficiaries to take courses required for a license or
certification that do not constitute a complete program of training,
then it should be noted that VA can already approve benefits for those
courses. Current statutory guidance requires schools to assess prior
education or training, grant appropriate credit, and reduce the length
of the overall program proportionally. Consequently, VA does not
require new legislation to meet the intent of this provision.
Section 6 of the bill would direct VA to reestablish the
Professional Certification and Licensure Advisory Committee, which was
terminated on December 31, 2006, with a new termination date of
December 31, 2019. This section also would provide additional Committee
duties, including the development of: (1) guidance for audits of
licensure and certification programs in order to ensure high-quality
education to Servicemembers and Veterans; and (2) a plan to improve
outreach to Servicemembers and Veterans on the importance of licensing
and certification and the availability of educational benefits. Not
later than 180 days after the date of establishment of the Committee,
it would submit to Congress a report containing an assessment of the
feasibility and advisability of permitting Servicemembers to use
educational assistance under the Montgomery GI Bill and the Post-9/11
GI Bill to obtain or pursue civilian employment certifications or
licenses without the use of such assistance for that purpose being
charged against the entitlement of such Servicemembers to such
educational assistance.
VA does not support section 6, as we are not clear on the need to
reestablish the Professional Certification and Licensure Advisory
Committee if the only required deliverable is a report assessing the
feasibility and advisability of permitting members of the Armed Forces
to use educational assistance under Chapters 30 and 33 of title 38 to
obtain or pursue civilian employment without them being charged
entitlement. Other Committee tasks involve outreach and auditing for
licensing and certification programs, which are tasks that VA already
undertakes with respect to approved programs and training
establishments.
It would also be extremely challenging for VA tonominate members;
plan, organize, and, subsequently, hold meetings; and provide a report
within 180 days of enactment.
We will be pleased to provide an estimate of the cost of enactment
of this bill for the record.
H.R. 1842
H.R. 1842 would amend the Servicemembers Civil Relief Act to
improve the protections for Servicemembers, surviving spouses, and
disabled Veterans against mortgage foreclosures, and for other
purposes. While we defer to DoD regarding the merits of this
legislation, we, nonetheless, have several concerns.
One change is the requirement that a creditor stop foreclosure
proceedings upon receipt of notice, since it might be irreconcilable
with the provisions related to a court's authority to allow a
foreclosure to proceed. As such, even if a court were to determine that
a stay would be inequitable, a creditor might still be prohibited from
foreclosing.
Another concern is the ambiguity in proposed section 303A, which
could lead to title problems that cannot be resolved, and to
uncertainty about what effect ``notice'' has. It is not clear under
subsection (c) whether a foreclosure would be invalid because the
foreclosure occurred during a covered period, or if it would only be
invalid during the covered period, after which a borrower would not
have any right to object. Similarly, it is not clear what effect the
invalidation of a sale would have on subsequent purchasers of a
property if a wrongful foreclosure is alleged. In addition, the notice
provisions of subsection (d) might allow a Servicemember to provide
notice after a foreclosure and subsequent sale to a bona fide
purchaser, which could result in a cloud on the title to the property
or even an invalidation of that sale, and any subsequent sale.
We also note that other ambiguities exist, such as how to measure
aggregate duration of SCRA protections, and when criminal penalties
might apply.
Of additional concern is proposed section 303B, which would allow a
Servicemember on active duty to refinance a mortgage when the
Servicemember is unable to occupy the property because of active-duty
status, raises a few technical and substantive issues for VA. The
provision would establish a limitation on the frequency with which a
Servicemember might refinance under the new provision - no more than
once in a 5-year period. VA statutes do not include such a limitation.
Unlike proposed section 303B, a Veteran is not required to certify
occupancy to obtain a VA Interest Rate Reduction Refinance Loan.
Deeming a property a residence might not always work to the
Servicemember's benefit, as certain refinance programs require that the
borrower cannot be an occupant. Under proposed section 303B, however, a
Servicemember would not have a choice, as a creditor would be required
to treat the property as the Servicemember's residence.
H.R.1842 might have unintended effects on the interpretation of
protections found in other SCRA provisions. For example, the reference
to trust deeds in proposed section 303A(a)(2) could affect the
interpretation of mortgage protections in current section 303 as well
as those in proposed section 303B, because the term ``trust deed'' is
newly introduced.
We would be pleased to work with the Subcommittee staff and DoD in
drafting amendments to address VA's concerns with this bill and with
H.R. 821.
Provisions of this bill may have an impact on VA loan subsidy
costs. We will provide an estimate of cost for the record.
H.R. 2011
H.R. 2011 would amend section 3692 of title 38, United States Code,
to extend for 2 years (through fiscal year 2015) the Veterans' Advisory
Committee on Education, which is set to expire on December 31, 2013. It
would also add Veteran representatives, to the maximum extent
practicable, from the post-9/11 operations in Iraq and Afghanistan to
the Committee. Finally, it would add individuals receiving training
under the vocational rehabilitation and employment program under
chapter 31 of title 38, United States Code, to the list of those
enrolled in programs of educational institution's representatives which
form part of the Committee.
Currently, section 3692(a) of title 38, United States Code,
specifies that the Veterans' Advisory Committee on Education shall be
composed of persons who are eminent in their respective fields of
education, labor, and management and of representatives of institutions
and establishments furnishing education to eligible Veterans or persons
enrolled under Chapter 30, 32, 33, or 35 of this title and Chapter 1606
of title 10. The Committee shall also, to the maximum extent
practicable, include Veterans representative of World War II, the
Korean conflict era, the post-Korean conflict era, the Vietnam era, the
post-Vietnam era, and the Persian Gulf War.
The legislation would amend section 3692(a) and change the
composition of the Committee to include not only Veteran
representatives of post-9/11 operations in Iraq and Afghanistan, but
also representatives of institutions and establishments furnishing
education to eligible Veterans or persons enrolled under Chapter 31..
VA supports this legislation. If enacted, the Secretary would be
able to continue to receive recommendations and seek advice from VA
Committee on Education members with regard to the administration and
proposals to enhance VA education benefit programs.
Costs associated with this legislation are insignificant.
H.R. 2210
H.R. 2210, the ``Marine Gunnery Sergeant John David Fry Scholarship
Improvements Act of 2013,'' would amend current provisions of title 38,
United States Code, to expand the universe of individuals who are
entitled to educational assistance under the Post-9/11 GI Bill by
virtue of the in-line-of-duty death of a parent serving on active duty
in the Armed Forces to also include the child of an individual who: (1)
is awarded the Purple Heart medal for an injury; and (2) dies as a
result of such injury during the 60-day period beginning on the date of
the individual's discharge or release from active-duty service in the
Armed Forces. This amendment would apply with respect to the death of a
specified Veteran occurring on or after September 11, 2001.
VA supports the proposed legislation, subject to Congress
identifying appropriate offsets for the additional costs. Benefit costs
to VA are estimated to be $219 thousand during the first year, $2.4
million for 5 years, and $5.8 million over 10 years. There are no
additional full-time equivalent or General Operating Expenses cost
requirements associated with this proposal.
VA does note that Departmental data shows that most deaths
resulting from serious injury occur during the first 18 months after
the release from active duty. There are currently no provisions under
the Post-9/11 GI Bill that would allow a child to receive benefits if
his or her parent died of a service-connected injury or illness shortly
after release from active duty. Estimated benefit costs to VA would
increase to $942 thousand during the first year, $10.1 million for 5
years, and $24.2 million over 10 years, if the legislation were
expanded to provide Fry Scholarship benefits to children of active duty
Servicemembers who die in the line of duty within 18 months of
separation as a result of injuries incurred on active duty after
September 10, 2001.
H.R. 2327
H.R. 2327, ``Veterans Economic Opportunity Administration Act of
2013,'' would amend title 38, United States Code, to establish in VA a
new ``Veterans Economic Opportunity Administration.''
Section 2 of the bill would establish the ``Veterans Economic
Opportunity Administration'' to administer programs that provide
assistance related to economic opportunity to Veterans and their
dependents and Survivors. The new Administration would be under the
aegis of the Under Secretary for Veterans Economic Opportunity, who
would be directly responsible to the Secretary of Veterans Affairs. The
new Administration would be responsible for the following VA programs:
Vocational Rehabilitation and Employment;
Educational Assistance;
Veterans Housing Loan (and related programs); and
Veterans Small Business Programs (including the program
under 38 United States Code Sec. 8127).
Section 3 of the bill would amend title 38, United States Code, to
make the new Under Secretary position subject to appointment by the
President with the advice and consent of the Senate. The new Under
Secretary would be responsible for the operations of the Veterans
Economic Opportunity Administration.
The Secretary would be required to establish a commission to
recommend individuals to the President for appointment to fill a
vacancy when a position arises. The commission would be composed of the
following members appointed by the Secretary:
Three individuals representing education and training,
vocational rehabilitation, employment, real estate, mortgage finance
and related industries, and Survivor benefits activities affected by
the new Administration.
Two individuals representing Veterans served by the new
administration.
Two individuals with experience in the management of
private sector benefits programs.
The Deputy Secretary of Veterans Affairs.
The Chairman of the Veterans' Advisory Committee on
Education.
One individual who has held the position of Under
Secretary for Economic Opportunity, if the Secretary determines it is
desirable.
In addition, each individual recommended to the President by the
commission must have held a senior-level position in the private sector
with responsibilities in at least one of the following:
Education policy;
Vocational rehabilitation;
Employment;
Home loan finance; and
Small business development.
Finally, for fiscal year 2014, the aggregate number of full-time
employees authorized for the Veterans Benefits Administration (VBA) and
the Veterans Economic Opportunity Administration could not exceed
20,851.
While VA appreciates the Committee's focus on improving Veterans'
economic opportunities, we are unable to support the proposed
legislation, since we believe that an appropriate management structure
is already in place to oversee Veteran programs related to economic
opportunities.
In 2011, the Office of Economic Opportunity (OEO) was established
in VBA under the authority of the Under Secretary for Benefits to
oversee all education benefits, loan guaranty services, and vocational
rehabilitation and employment benefits and services for Veterans.
Veteran employment initiatives, including Veterans' entrepreneurship-
training benefits provided through VBA's education program are also
overseen by OEO. This Office provides focused attention and oversight
to Veteran economic opportunity programs.
Having the Under Secretary for Benefits oversee Veteran programs
related to both economic opportunities and disability assistance
ensures that there is coordination among benefit services, including
compensation, pension, education, and home loan guaranties. This cross-
coordination avoids duplication of management support services within
VA. In addition, maintaining a separate office within VBA (the Deputy
Under Secretary for Economic Opportunity) to oversee the economic
opportunity program offices allows for that office's leadership to be
hired in a timely fashion whenever a vacancy arises.
Additionally, VA is uncertain how the small business programs would
be partitioned out from the existing Office of Small and Disadvantaged
Business Utilization (OSDBU) to report to this new Administration. The
legislation is vague with regard to what portions of OSDBU would be in
this new structure.
Lastly, the establishment of a new Administration within VA would
require a substantial management structure to oversee administrative
and support tasks. VA is concerned that this new management structure
would result in significant administrative costs. VA also has concerns
regarding imposing a ceiling on the number of employees authorized in
VBA and the new Administration. As of May 2013, VBA had 21,240
full-time employees. This legislation would not only reduce that
number, but would also require the employees to be split between the
two administrations.
We will be pleased to provide an estimate of the cost of enactment
of this bill for the record.
Draft Legislation Affecting the Post-9/11 GI Bill
This draft bill would repeal certain provisions of Public Law 110-
252 and amend subchapter III of chapter 33 of title 38, United States
Code, to codify and improve the election requirements for the receipt
of educational assistance under the Post 9/11 Veterans Educational
Assistance program. Respectfully, we will be pleased to provide our
full views and estimate of the cost of enactment of this draft bill for
the record.
Mr. Chairman, this concludes my statement. Thank you for the
opportunity to appear before you today. I would be pleased to respond
to questions you or the other Members of the Subcommittee may have
regarding our views as presented.
Prepared Statement of Frank DiGiovanni
Chairman Flores, Ranking Member Takano, and distinguished members
of the Subcommittee, thank you for the opportunity to appear before you
this afternoon to discuss legislation pending before the Subcommittee.
My testimony today will be limited to H.R. 1796, ``Troop Talent Act of
2013'', H.R. 1842, ``Military Family Home Act'', and H.R. 821. I defer
to the views Department of Veterans Affairs on the remaining bills.
H.R. 1796, Troop Talent Act of 2013
DoD supports many provisions contained in H.R. 1796 as they would
greatly assist with our initiative to promulgate knowledge about
licensing and credentialing and help secure greater opportunities for
our Service members by leveraging their military service and training.
The Department currently has several good resources which correlate
military training to civilian certification and licenses. These include
the Army's and Navy's Credentialing Opportunities On-Line (COOL)
resources and the Air Force's Credentialing and Educational Research
Tool. The Department will continue to improve these resources and
capabilities. For example, we are incorporating lessons learned from
ongoing efforts, including our credentialing and licensing pilot
program required by section 588 of the National Defense Authorization
Act of 2012 and our collaboration with the Department of Labor (DOL) on
section 222 of the Veterans Opportunity to Work (VOW) to Hire Heroes
Act (codified under title 10, United States Code).
DoD is currently in the process of working with several State
licensing and national certification agencies to develop and pilot
standardized templates, technical data packages and methodologies.
Through this cooperation, the Department will facilitate a licensing or
credentialing agency's ability to assess the equivalency of military
training, skills and experience. One best practice we are leveraging to
address this requirement is the process Lansing (Michigan) Community
College (LCC) uses to evaluate and award credits for training and
experience to medics and corpsmen. In this process, LCC first analyzed
the military's medics and corpsman programs of instruction from three
different levels of mission complexity in order to establish
appropriate amounts of academic credits across these three levels. In
the second phase, LCC developed a two-day competency exam that allows
them to award additional academic credit for Service member
experiential knowledge and capabilities. The academic credit helps
Servicemembers to become civilian paramedics.
In section 3 of this legislation, we note the use of the term
``accredited credentialing agencies'' would provide those agencies with
improved access to military training content. We suggest that this
access be expanded in the bill to include agencies approved by the
Department of Veterans Affairs for GI Bill payment and State licensing
boards. This will greatly expand the opportunities for Servicemembers
to receive credit for their military training, education and
experiences.
We applaud the new authority in section 4 of the bill, to use
educational assistance for courses in pursuit of civilian
certifications or licenses. There is broad consensus within the
Department in support of this expanded authority. The Department also
fully supports section 5 of the bill which would require the
credentialing and licensing pilot program to include Information
Technology-related occupational specialties.
H.R. 1842, Military Family Home Protection Act
The Military Home Protection Act proposes to amend the
Servicemember Civil Relief Act (SCRA) to improve protections for
Servicemembers, surviving spouses, and some veterans against mortgage
foreclosures and includes protections for Servicemembers wishing to re-
finance mortgages on properties in which they no longer reside due to
military changes of station.
The Department supports the intent of H.R. 1842. Section 2 (a)(1)
would amend 50 USC App 533 by adding new section 303A to expand
protections for certain Servicemembers and surviving spouses, to
obligations on real property that originated at any time. This is a
considerable expansion in this area, as the SCRA applies currently only
to pre-service obligations. This SCRA provision has traditionally
offered these mortgage-related protections only to members of the
Reserve Component, who are far more likely to have mortgage obligations
prior to their entry on Active Duty. The Department supports this
expansion.
The amendments to 303A in section (a) propose to provide these
expanded protections to certain Servicemembers serving in support of
contingency operations; to certain veterans; and to surviving spouses
of Servicemembers who died while serving in support of a contingency
operation or who died while in military service whose death is service-
connected. This legislation includes a mechanism by which those covered
individuals could invoke those protections by providing notice to
lenders thereof. We support these actions.
Section (f) would also amend the Act by providing several new
definitions, including definitions of ``veterans,'' ``surviving
spouses,'' and ``covered time periods.'' The Department believes it
better for purposes of clarity, that all definitions be contained
within section 511, but would not object if Congress determines it is
necessary to provide specific definitions within this section for these
categories of personnel.
Lastly, we strongly support the intent of the bill's extension of
re-financing provisions to military homeowners unable to live in their
homes because they have received Permanent Change of Station orders
away from them. This is a highly-desirable provision.
H.R. 821, To amend the Servicemembers Civil Relief Act to provide
surviving spouses with certain protections relating to
mortgages and mortgage foreclosures, and for other purposes.
The Department does not object to H.R. 821 in its entirety, but
prefers H.R. 1842. H.R. 821 is largely duplicative of the
aforementioned H.R. 1842; the protections this legislation seeks to
extend to surviving spouses are addressed in H.R. 1842. Also, H.R. 1842
addresses those protections in a better form, as H.R. 1842 proposed
adding a new section (50 USC App 533a, Section 313a of the SCRA) to
convey these protections, rather than attempting to amend current 50
USC App 533. In addition, H.R.1842 requires, properly, that the newly-
protected individuals must provide notification to creditors in order
to receive protections, while H.R. 821 requires no such notification
thereby placing the obligation upon the creditor. Placing the
obligation on the creditor in this way also places costly obligations
on the Department.
The Department has no objections to Sections 2 and 3 of H.R. 821.
Mr. Chairman, this concludes my statement. On behalf of the men and
women in the Armed Forces and their families, I thank you and the
members of this Subcommittee for your continued steadfast support.
Executive Summary
H.R. 1796, Troop Talent Act of 2013
DoD supports many provisions contained in H.R. 1796 as they would
greatly assist with our initiative to promulgate knowledge about
licensing and credentialing and help secure greater opportunities for
our Service members by leveraging their military service and training.
In section 3 of this legislation, we note the use of the term
``accredited credentialing agencies'' would provide those agencies with
improved access to military training content. We suggest that this
access be expanded in the bill to include agencies approved by the
Department of Veterans Affairs for GI Bill payment and State licensing
boards. This will greatly expand the opportunities for Servicemembers
to receive credit for their military training, education and
experiences. We applaud the new authority in section 4 of the bill, to
use educational assistance for courses in pursuit of civilian
certifications or licenses. There is broad consensus within the
Department in support of this expanded authority. The Department also
fully supports section 5 of the bill which would require the
credentialing and licensing pilot program to include Information
Technology-related occupational specialties.
H.R. 1842, Military Family Home Protection Act
The Department supports the intent of H.R. 1842. Section 2 (a)(1)
would amend 50 USC App 533 by adding new section 303A to expand
protections for certain Servicemembers and surviving spouses, to
obligations on real property that originated at any time. This is a
considerable expansion in this area, as the SCRA applies currently only
to pre-service obligations. This SCRA provision has traditionally
offered these mortgage-related protections only to members of the
Reserve Component, who are far more likely to have mortgage obligations
prior to their entry on Active Duty. The Department supports this
expansion. The amendments to 303A in section (a) propose to provide
these expanded protections to certain Servicemembers serving in support
of contingency operations; to certain veterans; and to surviving
spouses of Servicemembers who died while serving in support of a
contingency operation or who died while in military service whose death
is service-connected. This legislation includes a mechanism by which
those covered individuals could invoke those protections by providing
notice to lenders thereof. We support these actions. Section (f) would
also amend the Act by providing several new definitions, including
definitions of ``veterans,'' ``surviving spouses,'' and ``covered time
periods.'' The Department believes it better for purposes of clarity,
that all definitions be contained within section 511, but would not
object if Congress determines it is necessary to provide specific
definitions within this section for these categories of personnel.
Lastly, we strongly support the intent of the bill's extension of re-
financing provisions to military homeowners unable to live in their
homes because they have received Permanent Change of Station orders
away from them. This is a highly-desirable provision.
H.R. 821, To amend the Servicemembers Civil Relief Act to provide
surviving spouses with certain protections relating to
mortgages and mortgage foreclosures, and for other purposes.
The Department does not object to H.R. 821 in its entirety, but
prefers H.R. 1842. H.R. 821 is largely duplicative of the
aforementioned H.R. 1842; the protections this legislation seeks to
extend to surviving spouses are addressed in H.R. 1842. Also, H.R. 1842
addresses those protections in a better form, as H.R. 1842 proposed
adding a new section (50 USC App 533a, Section 313a of the SCRA) to
convey these protections, rather than attempting to amend current 50
USC App 533. In addition, H.R.1842 requires, properly, that the newly-
protected individuals must provide notification to creditors in order
to receive protections, while H.R. 821 requires no such notification
thereby placing the obligation upon the creditor. Placing the
obligation on the creditor in this way also places costly obligations
on the Department.
The Department has no objections to Sections 2 and 3 of H.R. 821.
Prepared Statement of Ryan M. Gallucci
Chairman Flores, Ranking Member Takano and members of the
Subcommittee, on behalf of the men and women of the Veterans of Foreign
Wars of the United States (VFW) and our Auxiliaries, I want to thank
you for the opportunity to present the VFW's stance on legislation
pending before this Subcommittee.
H.R. 331, a bill to direct the Secretary of Veterans Affairs to permit
the centralized reporting of veteran enrollment by certain
groups, districts, and consortiums of educational institutions:
The VFW supports Representative Ken Calvert's bill, which will
allow educational institutions to report enrollments to VA as groups,
districts or consortiums. This responsible piece of legislation will
bring consistency across the different chapters of GI Bill benefits,
making it easier for VA to determine beneficiary status and track
student-veterans as they seek to accomplish their academic goals.
H.R. 821, a bill to amend the Servicemembers Civil Relief Act to
provide surviving spouses with certain protections relating to
mortgages and mortgage foreclosures, and for other purposes:
The VFW supports Representative Alan Grayson's bill to extend
Servicemembers Civil Relief Act (SCRA) protections for surviving
spouses. The VFW believes it is unreasonable to hold survivors
immediately accountable for rectifying difficult financial situations
during times of extreme vulnerability resulting from the loss of a
loved one in the line of duty. The VFW believes that this bill offers
reasonable protections to allow survivors to manage their affairs
before facing repercussions or the loss of a home. We hope the
committee moves quickly on approving these reasonable protections.
H.R. 1357, a bill to amend the VOW to Hire Heroes Act of 2011 to
improve the Veterans Retraining Assistance Program by providing
assistance under such program for certain training programs
that are considered less than full-time:
The VFW has heard from many veterans that the Veterans Retraining
Assistance Program (VRAP) has helped them secure the skills necessary
to succeed in a competitive job market. Unfortunately, the latest
statistics from Department of Veterans Affairs (VA) on VRAP utilization
still demonstrate that the benefit is drastically underutilized, even
by veterans who are approved to participate in the program. The VFW
believes that this unique benefit, which is designed to serve the
largest population of unemployed veterans, has the potential to change
the lives of many more veterans if we slightly modify some of the
stringent program requirements, allowing veterans the flexibility to
complete approved programs.
The VFW raised concerns before this subcommittee in April that the
requirement for all participants in the Veterans Retraining Assistance
Program (VRAP) to attend as full time students prevented some from
receiving necessary remediation to finish their programs. Furthermore,
many veterans who qualify for VRAP may also need to balance other life
obligations in order to pay their bills and complete their approved
academic program. With these two issues in mind, the VFW is proud to
support Representative Bill Johnson's bill, which would allow certain
VRAP participants to utilize their benefits for programs less than full
time.
H.R. 1796, Troop Talent Act of 2013:
The VFW has been a vocal advocate to improve the transferability of
military training and experience for veterans seeking civilian
professional licenses and credentials. While the Department of Defense,
private industry and state governments have made significant efforts in
the last few years to improve the translation of military skills for
these purposes, the VFW believes that we can do more, which is why we
are proud to support Representative Tammy Duckworth's bill.
In a recent town hall meeting with veterans' advocates,
Representative Duckworth discussed how her personal military
experiences as an officer afforded her countless professional
development opportunities while on active duty. Unfortunately, her
enlisted counterparts were not afforded similar opportunities to
acquire skills that would prove useful in post military life.
Through the ``Troop Talent Act,'' more military personnel will have
access to civilian credentialing opportunities while on active duty. It
allows service members to use educational assistance benefits to pursue
civilian licenses and credentials, and expands the military's pilot
program on civilian credentialing to include Information Technology. It
also requires the Secretaries of each military department to make
specific information on military training available to civilian
credentialing bodies and reconstitutes VA's advisory committee on
professional licensure and certification to ensure that licenses and
credentials eligible for programmatic participation remain relevant to
civilian careers.
The VFW believes that unemployment in the veterans' community
cannot be solved through post-military intervention alone, and that the
military must better prepare its trained professionals to succeed after
service. This bill helps to facilitate a service member's transition
into a quality career after the military, and we encourage the
committee to quickly pass it.
H.R. 1842, Military Family Home Protection Act:
Over the last few years, the VFW has heard horror stories about
companies foreclosing on military home owners while either their loved
ones are overseas or recovering from life-altering injuries. While the
Servicemembers Civil Relief Act (SCRA) offers some protections to
vulnerable military families, the VFW believes that some financial
institutions skirt the laws or even hold military status against
certain families when extending credit or other financial services. The
VFW believes that these practices must stop and we are proud to support
Representative Elijah Cumming's bill to make this possible.
This bill seeks to end predatory foreclosures on military families
by extending SCRA protections for military families whose loved ones
are not only deployed, but also permanent and total disabled, or who
lost their lives in the line of duty regardless of when the mortgage
was commissioned. This bill also strengthens criminal penalties against
institutions that knowingly violate SCRA, and creates penalties for
withholding or denying certain financial services for military families
who claim SCRA protection.
Never again should a military family worry that the bank will seize
their home while their loved one is serving overseas or after their
loved one has made the ultimate sacrifice. Military home owners face
unique circumstances, and deserve these kinds of reasonable
accommodations. A similar version of this bill almost passed last year
as an amendment to the National Defense Authorization Act (NDAA). We
hope this committee will once again move this legislation quickly,
affording reasonable financial protections to our military families at
times of extreme vulnerability.
H.R. 2150, Homeless Veterans' Reintegration Programs Reauthorization
Act of 2013:
The VFW believes that the essential job training, placement and
counseling services provided to homeless veterans through the Homeless
Veterans' Reintegration Program (HVRP) remain critical to helping many
veterans re-enter the labor force, ending the cycle of homelessness.
The most recent figures offered by the Department of Labor Veterans
Employment and Training Service (VETS) on the success of HVRP
demonstrate that veterans who participate in the program have a job
placement rate of more than 65 percent. To the VFW, this demonstrates
quality program success for our veterans who need the most help.
The authorization for HVRP appropriations is set to expire at the
end of 2013, which is why the VFW is happy to support Representative
Paul Cook's legislation to reauthorize the program through 2018. The
VFW believes that the intensive services offered by VETS through HVRP
are critical to helping our veterans find meaningful work and ending
the cycle of homelessness. We urge Congress to quickly pass H.R. 2150.
H.R. 2210, Marine Gunnery Sergeant John David Fry Scholarship
Improvement Act of 2013:
The VFW believes that Fry Scholarship program is a critical benefit
that honors the sacrifices of our fallen heroes by ensuring the ones
they leave behind have the tools necessary to succeed after their
tragic loss through the Post-9/11 GI Bill. As written, the program only
offers surviving children access to Post-9/11 GI Bill benefits if their
parent dies specifically in the line of duty. Unfortunately, this
leaves out survivors of those who die shortly after their military
service as a result of a battlefield injury. The VFW believes that
these survivors must also have access to the Fry Scholarship program,
which is why we proudly support Representative Bill Young's
legislation.
H.R. 2011, Veterans Advisory Committee on Education Improvement Act of
2013:
The VFW supports Representative John Delaney's bill calling for the
reauthorization of the VA Secretary's Advisory Committee on Education.
The VFW believes that this committee is critical to identifying the
challenges facing student-veterans and presenting responsible solutions
to the Secretary directly from industry stakeholders. The VFW is
disappointed that the committee has failed to meet over the last few
years, at a critical time when nearly one million veterans are
accessing their GI Bill benefits. Since the advisory committee is set
to expire at the end of 2013, the VFW believes that Congress must
extend the advisory committee at least through 2015. The military
expects to transition at least 200,000 veterans each year for the next
two years, many of whom will seek to use their lucrative GI Bill
benefits. Now more than ever, this advisory committee is critical to
ensuring potential student-veterans have the support they need to
succeed in college life. Furthermore, the VFW believes that VA must
revisit the committee's membership to ensure that members remain
relevant in the veterans' education sphere, to ensure that academics,
state agencies, and veterans have a voice in the discussion.
H.R. 2327, Veterans Economic Opportunity Administration Act of 2013:
The VFW supports the concept of this bill, which would elevate the
responsibility for veteran economic success in VA to the level of a
presidentially-appointed VA Under Secretary for Economic Opportunity.
Given the scope of responsibility for the current Under Secretary for
Veterans Benefits, the VFW believes that many VA economic opportunity
programs do not receive the level of attention they demand -
particularly during a time of significant transition for our military
when hundreds of thousands of new veterans are likely to enter the VA
system.
However, the VFW also has concerns about the proposal to elevate
responsibility for VA economic programs. First, the VFW is concerned
about interoperability between a new administration and the Veterans
Benefits Administration (VBA). Certain economic opportunity benefits
like Vocational Rehabilitation & Education (VR&E) rely on ratings
decisions from VBA for eligibility. The VFW already sees difficulty in
collaboration between VBA and the Veterans Health Administration (VHA),
and we would want assurances that a new administration would not face
similar bureaucratic hurdles.
The VFW is also concerned about how a new administration would
affect the roll-out and adoption of eBenefits among all new VA
enrollees. Currently, all economic opportunity benefits are coordinated
through the eBenefits portal, and we would hope that a new
administration would not be charged with creating a separate gateway
for economic opportunity programs, similar to the separate systems for
VBA (eBenefits) and VHA (MyHealtheVet).
Finally, the VFW has some concern about how the confirmation
process would affect the ability of the administration to carry out its
programs. As we saw recently with the disability claims backlog, years
passed before the Senate could confirm an Under Secretary for VBA,
making it difficult to hold VA leaders accountable for programmatic
goals and potential shortcomings.
The VFW agrees that we must elevate the discussion on veterans'
economic opportunity. We generally support Chairman Jeff Miller's
efforts to accomplish this and would be proud to support with
assurances that the new administration would decisively improve the
delivery of economic opportunity resources to our veterans.
A Draft Bill to amend title 38, United States Code, to codify and
improve the election requirements for the receipt of
educational assistance under the Post 9/11 Educational
Assistance program of the Department of Veterans Affairs:
The VFW supports Chairman Bill Flores and his efforts to streamline
how VA can approve initial claims for Post-9/11 GI Bill (Chapter 33)
beneficiaries. While the Veterans Benefits Administration has been able
to resolve its issues with supplemental Chapter 33 claims, allowing
enrolled students to receive timely compensation, claims processors
remain concerned that the time to approve initial claims remains too
long, thanks to archaic business practices. Currently, claims
processors must go through a time-intensive back-and-forth with
potential student-veterans who accidentally revoke the wrong GI Bill
benefit before they can properly enroll them in Chapter 33. This bill
would allow VA to make a reasonable effort to contact the veteran to
enroll them in the most lucrative benefit.
The VFW does have concerns that as written, this bill could create
unintended circumstances where a veteran may accidentally revoke the
wrong benefit or enroll in a program that will not be the most
beneficial, but we look forward to working with Chairman Flores to
ensure that the language will not have any unintended consequences.
The bill also adjusts how VA reimburses veterans eligible for the
Montgomery GI Bill (Chapter 30) and who have paid into the benefit, but
elect to use Chapter 33 instead. Currently, Chapter 30-eligible
veterans who elect to use Chapter 33 must wait until they have finished
using their benefits before VA can repay them for their Chapter 30
contribution. Under this law, the Chapter 30 contribution would be
prorated and added into living stipend payments while the veteran is
enrolled in Chapter 33, meaning more money to help veterans make ends
meet while they are on a fixed income as college students.
Chairman Flores, Ranking Member Takano, this concludes my statement
and I am happy to answer any questions you may have.
Information Required by Rule XI2(g)(4) of the House of Representatives
Pursuant to Rule XI2(g)(4) of the House of Representatives, VFW has
not received any federal grants in Fiscal Year 2013, nor has it
received any federal grants in the two previous Fiscal Years.
Prepared Statement of Jeffrey Steele
Chairman Flores, Ranking Member Takano and distinguished Members of
the Subcommittee, on behalf of Commander Koutz and the 2.4 million
members of The American Legion, we thank you and your colleagues for
the work you do in support of our service members and veterans as well
as their families. The hard work of this Subcommittee in creating
significant legislation has left a positive impact on our military and
veterans' community.
The American Legion through its Economic Division is responsible
for ensuring that U.S. veterans have the opportunity to provide, with
honor and dignity, the economic necessities of life for themselves and
their families. We are experts in programs involving veterans
education, small business, employment, veterans preference, VA home
loans, homeless veterans, training, licensing and certification,
transition, USERRA, and other issues related to economics. We assist
veterans in obtaining employment through our 170 veteran-targeted job
fairs around the country with RecruitMilitary and Military.com, our two
online partnerships with Avue and Monster, and provide information,
guidance and, when appropriate, referrals for employment. Our Small
Business Task Force can provide you tools to assist you in obtaining
loans, technical assistance and other guidance. To end homelessness and
prevent homelessness among veterans, we coordinate a Homeless Veterans
Task Force to augment veteran service providers and fill in the gaps
where no programs exist to assist veterans.
As a grassroots organization, The American Legion draws upon the
strength of its membership to provide guidance on policies in the form
of resolutions passed during annual national conventions or at meetings
of the National Executive Committee. The will of the membership of the
Legion is expressed through these resolutions, which support or oppose
policy decisions on topics of concern, whether for veterans, the
children and youth of America, a strong national defense, or the
principles of Americanism. The support and positions of The American
Legion on any legislation is derived from the guidance of these
resolutions and the founding documents of our organization.
H.R. 331
To direct the Secretary of Veterans Affairs to permit the
centralized reporting of veteran enrollment by certain groups,
districts, and consortiums of educational institutions.
This bill amends veterans' educational assistance program reporting
requirements under which enrolled veterans (or eligible persons) and
educational institutions must report enrollment information to the
Secretary of Veterans Affairs (VA). It requires individuals and
educational institutions participating in the post-Vietnam era and
post-9/11 veterans' educational assistance programs to report to the
Secretary such enrollment and any updates on interruption or
termination of the education (thereby making the enrollment reporting
requirements for the post-Vietnam and post-9/11 programs consistent
with other veterans' educational programs). Finally, it defines
``educational institution'' to permit the inclusion of groups,
districts, or consortiums of separately accredited educational
institutions located in the same state that are organized in a manner
facilitating the centralized reporting of enrollments.
Increasing program consistency and streamlining reporting
requirements are often desirable administrative improvements. In this
case, for example, community college districts in a state that have
multiple schools would be allowed to centralize their veterans'
educational assistance program reporting information and submit only
one report for the district as a whole rather than having to submit
multiple reports for each school. The American Legion is pleased to
participate in and recognize ongoing efforts like this to improve the
Department of Veterans Affairs' products, services and processes.
The American Legion supports this bill.
H.R. 821
To amend the Servicemembers Civil Relief Act (SCRA) to provide
surviving spouses with certain protections relating to mortgages and
mortgage foreclosures, and for other purposes.
This bill amends the Servicemembers Civil Relief Act, for five
years after enactment of this Act, to afford surviving spouses of
service members who die while in the military and whose death is
service-connected the same protections against sale, foreclosure, and
seizure of property currently applicable to their husbands who while in
military service are unable to meet an obligation on real or personal
property. It requires each lending institution subject to specified
requirements for a maximum 6% rate of interest on a service member's
debts incurred before military service to designate one of its
employees as a compliance officer responsible for: (1) ensuring the
institution's compliance with such requirements, and (2) distributing
information to service members whose obligations and liabilities are
covered by such requirements. Furthermore, it requires such a lending
institution that had annual assets for the preceding fiscal year of $10
billion or more to maintain a toll-free telephone number and make it
available on its primary Internet website. Finally, it amends the
Honoring America's Veterans and Caring for Camp Lejeune Families Act of
2012 to extend through 2017 the period of specified protections for
service members against mortgage foreclosures.
The American Legion supports this effort to amend SCRA. Our service
members should be afforded every reasonable protection and right
possible when deployed in service to our nation. Additionally, these
safeguards should be in place not only for our active-duty service
members but should extend to their families in situations of serious
injury or death.
The American Legion supports this bill.
H.R. 1357
To amend the VOW to Hire Heroes Act of 2011 to improve the Veterans
Retraining Assistance Program by providing assistance under such
program for certain training programs that are considered less than
full-time.
The American Legion has no position on this bill.
H.R. 1796: Troop Talent Act of 2013
To ensure that the education and training provided members of the
Armed Forces and veterans better assists members and veterans in
obtaining civilian certifications and licenses, and for other purposes.
A veteran employment measure designed to ease service members'
transitions to civilian employment, this bill would bolster efforts to
streamline the process of obtaining certifications and occupational
licenses and help veterans put to use skills learned in the military.
The American Legion has been urging federal and state lawmakers, as
well as industry leaders, to streamline the military-to-civilian
licensing and certification process for a decade and a half now. Most
recently, our organization passed Resolution No. 326: Support Licensure
and Certification of Active-Duty and Selected Reserve Personnel
supporting efforts to eliminate employment barriers that impede the
timely and successful transfer of military job skills to the civilian
labor market. Enactment of legislation consistent with this effort,
like the Troop Talent Act, will benefit not only the service member,
but those who eventually employ him or her in the civilian work-force.
By encouraging the Department of Defense to provide more information
about military training and curriculum to organizations involved with
private sector credentialing process, this legislation will help them
better account for military training in the awarding of credentials.
Continuing high levels of unemployment and ongoing troop withdrawals
underscore the need to build job opportunities for returning veterans.
Civilian credentialing can contribute to service member and veteran
personal and professional career development if done right; however,
the Department of Veteran Affairs (VA) lacks subject matter experts
that can provide recommendations to improve VA's licensing and
certification database; improve the quality of State Approving Agency
(SAA) approval process; review applications used by the SAA's; and
develop and update material on licensing and certification for use in
training SAA staff.
Therefore, it is extremely important that the Professional
Certification and Licensure Advisory Committee (PCLAC) be reauthorized,
another important provision in this bill. It will bring those subject
matter experts to assist VA where they lack expertise in assessing
certification and licensing programs, as well as assisting in the
development of new material to support SAA's in the field.
PCLAC, which was terminated in 2006, advised the Secretary of
Veterans Affairs on VA's implementation of licensing and certification
test provisions contained in Title 38, United States Code, Sec. 3689,
and recommended administrative and/or legislative changes to improve
that program. The Committee also monitored the nationwide consistency
of the licensure and certification test approval process. The Committee
submitted its recommendations and reports to the Secretary and could
also submit its reports to the Congress.
The last few years have seen a major cultural shift for the
military, with top defense officials supporting service member
credentialing, as well as expanded support for veteran credentialing on
Capitol Hill with the passage of several Legion-sponsored and supported
pieces of legislation.
The American Legion believes there is a definite need to resume
this independent body with expertise in matters relating to licensing
and certification which can present new solutions to VA's senior
leadership and congressional members as well as other stakeholders in
light of the aforementioned developments.
The American Legion strongly supports this bill
H.R. 1842: Military Family Home Protection Act
To amend the Servicemembers Civil Relief Act (SCRA) to improve the
protections for servicemembers, surviving spouses, and disabled
veterans against mortgage foreclosures, and for other purposes.
This legislation extends critical protections to our nation's
service members, veterans with disabilities, and the surviving spouses
of fallen heroes who have made the ultimate sacrifice to protect our
nation. The bill ensures that the homes of service members are
protected when they are most vulnerable--when they are placing their
lives at risk overseas or recovering from service-related injuries here
at home. Most importantly, this bill holds the banks accountable with
higher civil penalties for mortgage-related violations and prohibits
banks from discriminating against those service members, veterans, and
surviving spouses protected under SCRA.
Similar legislation supported by The American Legion passed
overwhelmingly in the House of Representative during the last Congress
by a vote of 394 to 27. Similar legislation was passed by the Senate
Veterans' Affairs Committee, but was never considered on the Senate
floor.
Since the 2008 collapse of the real estate market, tens of
thousands of military service members have lost their homes to
foreclosure. America simply cannot afford to have our men and women in
Afghanistan, or elsewhere, distracted by concerns over whether someone
is seeking a default judgment against them back home, or evicting their
spouse and children, or selling their house at an auction sale. This
much needed legislation provides essential foreclosure protections for
our heroes, who should not have to worry about losing their home while
deployed overseas. Providing the flexibility laid out in this
legislation is the least we can do for the brave men and women who put
their lives on the line day in and day out.
The American Legion supports this bill.
H.R. 2011: Veterans' Advisory Committee on Education Improvement Act of
2013
To amend title 38, United States Code, to provide for a two-year
extension of the Veterans' Advisory Committee on Education.
The Veterans' Advisory Committee on Education (VACOE) is composed
of members who are prominent leaders in education/training,
particularly in veterans' education and training. The American Legion
has long served as a member and can attest from organizational
experience to the value of this advisory committee. It is able to
provide valuable insight and advice to the VA Secretary and Members of
Congress. The American Legion believes there is a definite need to
maintain this independent body that is able to analyze and develop
intelligent, practical solutions to difficult educational issues and to
present those solutions to VA's senior leadership and congressional
members as well as other stakeholders.
Salient issues include the need to help evaluate the implementation
of Public Law 112-249, requiring schools to provide academic
performance data to the VA and President Obama's Executive Order #13607
establishing guidelines for institutions catering to service members,
veterans or qualified family members. Also ripe for attention is the
larger question of qualitative and quantitative metrics for assessing
student outcomes.
Lastly, VACOE meetings are open to the public. Any individual/group
can attend and address VACOE with issues they wish to bring to the
attention of VA leadership. In turn, this advisory committee can pass
those concerns onto VA and Members of Congress.
The American Legion supports this bill.
H.R. 2150: Homeless Veterans' Reintegration Programs Reauthorization
Act of 2013
To amend title 38, United States Code, to provide for a five-year
extension to the homeless veterans reintegration programs.
The American Legion notes there are still approximately 62,000
homeless veterans on the street each night. This number, compounded
with 160,000 service members entering the private sector each year
since 2001 with at least a third of them potentially suffering from
physical and/or mental injuries, indicates intensive and numerous
programs are warranted to prevent and assist homeless veterans. The
purpose of Homeless Veterans Reintegration Program (HVRP) is to provide
services to assist in reintegrating homeless veterans into meaningful
employment within the labor force and to stimulate the development of
effective service delivery systems that will address the complex
problems facing homeless veterans. HVRP is the only nationwide program
that focuses on assisting homeless veterans to reintegrate into the
workforce. It is an essential part of the strategy to meet to eliminate
veteran homelessness by 2015.
The American Legion strongly supports the reauthorization of HVRP for
fiscal years 2013 to 2018.
H.R. 2210: Marine Gunnery Sergeant John David Fry Scholarship
Improvements Act of 2013
To amend title 38, United States Code, to expand the eligibility of
children of certain deceased veterans to educational assistance under
the Post-9/11 Educational Assistance Program of the Department of
Veterans Affairs.
The Fry Scholarship was created by Public Law 111-32 in honor of
Marine Gunnery Sergeant John David Fry and amended the Post 9/11 GI
Bill to include the children of service members who die in the line of
duty after September 10, 2001. This bill would make education benefits
available to the children of service members awarded the Purple Heart
for an injury and dies as a result of that injury during the 60-day
period beginning on the date of the person's discharge or release from
active duty service in the Armed Forces.
As an unfortunate consequence of the global war on terror, many
children of our active-duty military personnel are now members of
single-parent families. It is estimated that over 11,000 children have
lost a parent in the war overseas. That number continues to grow each
day. The American Legion is deeply committed to the plight of the
children whose parents die on active duty in service to this nation and
we are actively working to ensure that all those children who want a
post-secondary education will be provided one. That is why we
established a Legacy Scholarship Fund to help meet the shortfalls these
children experience, and there have been significant shortfalls in
government money allotted to these children.
The American Legion has been a leader in the passage and
improvement of the GI Bill, from the original GI Bill in World War II,
through the passage of the Post 9-11 GI Bill, through several
iterations of Post 9-11 GI Bill Improvement Acts. The American Legion
supports the full transferability of GI Bill benefits and approves of
this expansion of better education benefits to additional children of
those who have made the ultimate sacrifice.
The American Legion supports this bill.
H.R. 2327
To amend title 38, United States Code, to establish in the
Department of Veterans Affairs a Veterans Economic Opportunity
Administration, and for other purposes
The American Legion has no position on this bill.
Draft bill
To amend title 38, United States Code, to codify and improve the
election requirements for the receipt of educational assistance under
the Post 9/11 Educational Assistance program of the Department of
Veterans Affairs.
This bill represents another administrative improvement to the
processing of the Post 9/11 GI Bill. The American Legion is pleased to
participate in and recognize ongoing efforts like this to improve the
Department of Veterans Affairs' products, services and processes.
The American Legion supports this bill.
As always, The American Legion thanks this Subcommittee for the
opportunity to explain the position of the over 2.4 million veteran
members of this organization.
For additional information regarding this testimony, please contact
Mr. Jeffrey Steele at The American Legion's Legislative Division, 202-
263-2987 or [email protected].
Prepared Statement of MG Andrew ``Drew'' Davis
The Reserve Officers Association of the United States (ROA) is a
professional association of commissioned and warrant officers of our
nation's seven uniformed services and their spouses. ROA was founded in
1922 during the drawdown years following the end of World War I. It was
formed as a permanent institution dedicated to National Defense, with a
goal to teach America about the dangers of unpreparedness. When
chartered by Congress in 1950, the act established the objective of ROA
to: ``...support and promote the development and execution of a
military policy for the United States that will provide adequate
National Security.''
The Association's 57,000 members include Reserve and Guard
Soldiers, Sailors, Marines, Airmen, and Coast Guardsmen who frequently
serve on Active Duty to meet critical needs of the uniformed services
and their families. ROA's membership also includes commissioned
officers from the U.S. Public Health Service and the National Oceanic
and Atmospheric Administration who often are first responders during
national disasters and help prepare for homeland security.
ROA is a member of The Military Coalition where it co-chairs the
Guard and Reserve Committee. ROA is also a member of the National
Military/Veterans Alliance and the Associations for America's Defense.
Overall, ROA works with 75 military, veterans, and family support
organizations.
President: Col. Walker Williams, USAF (Ret.) 202-646-7706
Staff Contacts:
Executive Director: Major General Andrew ``Drew'' Davis, USMC
(Ret.) 202-646-7726
Legislative Director: CAPT Marshall Hanson, USNR (Ret.) 202-646-
7713
Air Force Director: Col. Bill Leake, USAFR 202-646-7713
Army and Strategic Defense Education Director: Mr. ``Bob'' Feidler
202-646-7717
USNR, USMCR, USCGR: CAPT Marshall Hanson, USNR (Ret.) 202-646-7713
Service Members' Law Center Director: CAPT Sam Wright, JAGC, USN
(Ret.) 202-646-7730
The Reserve Enlisted Association is an advocate for the enlisted
men and women of the United States Military Reserve Components in
support of National Security and Homeland Defense, with emphasis on the
readiness, training, and quality of life issues affecting their welfare
and that of their families and survivors. REA is the only joint Reserve
association representing enlisted reservists - all ranks from all five
branches of the military.
Executive Director: CMSgt Lani Burnett, USAF (Ret) 202-646-7715
DISCLOSURE OF FEDERAL GRANTS OR CONTRACTS
The Reserve Officers and Reserve Enlisted Associations are member-
supported organizations. Neither ROA nor REA have received grants, sub-
grants, contracts, or subcontracts from the federal government in the
past three years. All other activities and services of the associations
are accomplished free of any direct federal funding.
INTRODUCTION
Mr. Chairman and members of the subcommittee, the Reserve Officers
Association (ROA) and the Reserve Enlisted Association (REA) would like
to thank the subcommittee for the opportunity to testify. ROA and REA
applaud the ongoing efforts by Congress to address issues facing
veterans and service members such as educational assistance programs,
retraining assistance, solutions within the home loan programs, SCRA
improvements, veteran homelessness and more.
After 12 years of war, the United States has creating a new
generation of combat veterans that come from its Reserve Components
(RC). It is important, therefore, that we don't squander this valuable
resource of experience, nor ignore the benefits that they are entitled
to because of their selfless service to their country. ROA and REA
would like to thank the committee and staff for making numerous
improvements that have been made to date.
PENDING LEGISLATION
Amending Servicemembers Civil Relief Act (SCRA) for protection of
property
In order to best support service members it is essential to also
support the family. ROA and REA are thankful for the Department of
Defense's (DoD), the administration's and Congressional acknowledgment
that the military spouse is part of DoD's mission.
ROA and REA encourage Congress to support H.R.821, introduced by
Rep. Alan Grayson (Florida), which would amend the Servicemembers Civil
Relief Act to provide surviving spouses with the same protections as
serving members killed in the ``line of duty'' against sale,
foreclosure and seizure of real and personal property.
Spouses of deceased veterans or serving member must cope with the
loss of the spouse who served while also getting their finances back in
order and adapting to life without a partner. These spouses, coping
with the loss of a spouse who was a warrior, have made sacrifices for
the United States and should receive similar protections.
The Associations also support H.R.1842, introduced by Rep. Elijah
Cummings (Maryland) that permits courts to stay action against those
serving in hostile fire areas, those convalescing or medically retired,
or those who are surviving spouses from enforced obligations on real or
personal property secured by mortgage. It also treats non-resident
abodes as eligible for refinancing as a residence should a serving
member be forced to relocate.
Education Amendments
H.R.331, introduced by Rep. Ken Calvert (California), would include
the Post 9/11 GI Bill and Post-Vietnam Veterans' Educational Assistance
Program under the requirement for education institutions to report to
the Secretary of Veteran Affairs about enrollments, interruptions or
termination of the education. ROA and REA concur that it is important
to track the progress of veteran students.
Yet, returning veterans are often non-traditional students.
Reporting measures should be developed for non-traditional student
performances as well as for full time students. Before graduation the
non-traditional student may leave and be re-admitted to a school
several times, affected by priorities from current employment and
family. Attrition numbers can appear higher if an individual is not
tracked. The University Professional and Continuing Education
Association found that 43 percent of institutions don't have systems to
track the retention of a non-traditional student through graduation.
Also, it should be remembered that over the last 12 years, students
who are also in the Reserve and Guard have had to interrupt their
studies when they were mobilized. It is hoped that such an interruption
is viewed as being positive toward the students' reinstatement, rather
than a down grade. The Department of Education has worked closely with
educational institutions over the last decade, improving credit and
tuition adjustments. In keeping with the spirit of cooperation
established over the last decade, reported interruptions should not be
held against either the student or the institution.
H.R.1357, introduced by Rep. Bill Johnson (Ohio), recognizes the
non-traditional student by expanding the Vow to Hire Heroes Act of 2011
to cover ``less than full-time basis if the program consists of at
least 16 seat-time hours.'' While the Associations support this bill,
ROA and REA suggest that in the future education credit should be based
on competency rather than seat time.
Last March, the Department of Education took steps toward a more
flexible and innovative financial aid system by allowing institutions
of learning to award federal financial aid based on the amount of
learning a student has achieved, rather than the amount of time he or
she spend in classroom. In 2005, Congress created this alternative path
to federal financial aid; it took the Department of Education seven
years to implement it. ROA and REA hope that veteran education programs
can adapt more rapidly.
H.R.2011, introduced by Rep. John Delaney (Maryland), would include
Chapter 31 of Title 38 under the purview of the Veterans' Advisory
Committee on Education, and includes language to recognize the veterans
of the Persian Gulf War, and post 9/11 contingency operations.
Vocational rehab will be playing an important part of transitioning
service connected disabled veterans back into the civilian life.
Providing veterans with the resources they need to pursue personal and
professional self-improvement through education and job training helps
them replace a lost sense of purpose and builds a resilience required
to overcome their personal challenges. The bill adds credence to this
program that should also be extended into 2015.
Absent from the Advisory Committee's review is Title 38 Chapter
1607, which is an outgrowth of Chapter 1606. Selected Reservists who
have taken advantage of the Montgomery GI Bill for Selected Reserve
(Chapter 1606) when mobilized can get increased educational benefits
under Chapter 1607. ROA and REA hope that H.R. 2011 can be amended to
include this Chapter 1607 as well.
H.R.2210, introduced by Rep. C.W. Bill Young (Florida) would expand
the Marine Gunnery Sergeant John David Fry Scholarship from individuals
who die in the ``line of duty'' while on active duty to include those
who were awarded the Purple Heart, but die within 60-days of the date
of discharge or release from active duty service in the Armed Forces.
ROA and REA agree with recognizing of this group of heroes and that
their families should be included under this scholarship.
However, ROA and REA would like to see the bill amended to ensure
that Reserve and Guard members are included under the definition of
``line of duty.'' Reserve and Guard members serve under many different
types of activation orders. While other benefits are often identified
for Reserve Component members as being on duty for 30 or more days,
Reserve and Guard members have been sent into combat areas on missions
of shorter duration on other than ``active duty'' orders.
Additionally, the Associations have a concern that US Code, as well
as the amendment, limit this to just members of the Armed Forces. ROA
and REA recommend the language be changed to ``uniformed service'' as
members of the US Public Health Service and the NOAA corps have served
overseas in imminent danger zones in support of contingency operations.
H.R.1796, introduced by Rep. Tammy Duckworth (Illinois) directs the
military secretaries to expand communications with serving members on
civilian credentialing opportunities. While credentialing is one of the
topics now being included in the reformed Transition Assistance Program
(TAP), the earlier this is addressed the better it is both the
individual and the service.
There is an ongoing challenge on how to convert military skill sets
into credited experience that would be recognized by civilian employers
and provide longevity credit during a licensing or credentialing
process. Cross-licensing/credentialing would ease the burden of having
to acquire new licenses/credentials in the private sector after
separation even though experience is gained to perform such duties
during military service.
Communications about credentialing must include the commanders in
the field and encourage their participation. These commanders should
evaluate their training programs and incorporate civilian criteria into
the military training. Not only will serving members benefit by earning
civilian credentials earlier, but the commands are likely to be able to
utilize the broader skill sets that result from expanded training. ROA
and REA concur with this bill.
Homeless Veterans
H.R.2150, introduced by Rep. Paul Cook (California) would provide a
five-year extension to the homeless veterans reintegration program. ROA
and REA support an extension of that length to help stabilize the
program.
Veterans Economic Opportunity Administration
H.R.2327, introduced by Chairman Jeff Miller (Florida) reintroduces
the establishment of the Veterans Economic Opportunity Administration
that would be part of the Department of Veterans Affairs. The
Administration would be under the new position of Under Secretary of
Economic Opportunity.
ROA and REA recognize that H.R.2327 is a different administrative
structure that was suggested in the 2009 bill, and the Associations do
not object to the concept. ROA and REA hope that with the establishment
of such an organization, any duplication of services within the
Departments of Veteran Affairs and Labor would be eliminated and the
resources incorporated into the Veterans Economic Opportunity
Administration.
Another item to be considered with the establishment of the
Veterans EO Administration would be to move the office of Veterans'
Employment and Training Service (VETS) from the Department of Labor
into the new organization.
CONCLUSION
ROA and REA appreciate the opportunity to submit testimony, and we
reiterate our profound gratitude for the progress achieved by this
committee at improving a number of veteran benefits.
ROA and REA look forward to working with the Subcommittee on
Economic Opportunity and the House Veterans' Affairs Committee, where
we can present solutions to future issues and offer our support.
Statements For The Record
HON. TAMMY DUCKWORTH
Thank you to Chairman Miller, Subcommittee Chairman Flores, and
Subcommittee Ranking Member Takano, and the House Veterans Affairs
Committee Professional Staff for considering the following legislation.
I greatly appreciate the time and energy you have all afforded the
Troop Talent Act.
This piece of legislation is one of my first efforts in the
Congress to help both Service Members and Veterans transition into
successful careers in the private sector and strengthen our economy.
From my 21 years in the Army, and my time at both the Illinois and
Federal Departments of Veterans Affairs, I know that we still have a
long way to go make sure that our Service Members and Veterans have the
tools they need to transition into successful careers in the private
sector. The unemployment rate for those who have served in the military
since 2001 is nearly 10%. That number is simply unacceptable. Our
Service Members and Veterans deserve every opportunity to achieve the
American Dream that they fought for, and nobody knows that better than
you all on the Economic Opportunity Subcommittee.
The bipartisan Troop Talent Act, which Representative Bilirakis ,
Takano, and a number of colleagues on this committee have cosponsored,
will allow our servicemen and women to better transition into positions
in the private sector. It will add to the current Transition GPS
program and ask the military to, early and often, connect Service
Members' Military Occupational Specialties with corresponding civilian
credentials and possible future careers. It allows Service Members to
use Military Tuition Assistance funding for courses that will earn them
a credential while furthering their effectiveness while they are on
active duty. It would also allow Veterans to use their Post 9/11 GI
Bill benefits for credentialing and certification courses as well.
Our Service Members and Veterans guarantee the quality of their
work with their life and civilian employers are in need of that level
of dedication and expertise. The Troop Talent Act will enable those who
serve to make the transition to the private sector more easily and help
our businesses thrive at the same time.
The passage of the Troop Talent Act will be a victory for
businesses, the military and our communities. Thank you all for your
consideration of this legislation and for your leadership and service.
U.S. DEPARTMENT OF LABOR
Introduction
Chairman Flores, Ranking Member Takano, and distinguished Members
of the Subcommittee, thank you for the opportunity to provide the
Department of Labor's (DOL or Department) views on legislation aimed at
helping veterans and transitioning service members succeed in the
civilian workforce. The Department looks forward to working with the
Committee to ensure that the men and women who serve this country have
the employment support, assistance, and opportunities they deserve.
While this hearing is focused on numerous bills pending before the
Subcommittee, I will limit my remarks to H.R. 2150, the ``Homeless
Veterans Reintegration Programs Reauthorization Act of 2013.'' DOL
respectfully defers to the Departments of Defense (DOD) and Veterans
Affairs (VA) on the remainder of legislation before the committee.
H.R. 2150 - Homeless Veterans Reintegration Programs Reauthorization
Act of 2013
The Department strongly supports H.R. 2150, the ``Homeless Veterans
Reintegration Programs Reauthorization Act of 2013,'' which would
reauthorize, through fiscal year 2018, the Department of Labor's
Homeless Veterans Reintegration Program (HVRP). The Department is
committed to the Administration's goal of ending veteran homelessness
by 2015 and HVRP is the only nationwide program focusing exclusively on
the training and employment of homeless veterans.
The goal of HVRP is to provide employment and training services to
homeless veterans so that they can be reintegrated into the labor
force, and to stimulate the development of effective service delivery
systems which address the complex problems homeless veterans face.
Through the HVRP, the Department provides competitive grants to state
and local Workforce Investment Boards, public agencies, Native American
tribal governments and organizations, and private non-profit and for-
profit organizations, including faith-based and community-based
organizations.
Successful grant applicants must demonstrate their ability to
provide intensive employment services to homeless veterans.
Additionally, grantees are expected to integrate HVRP-funded services
with supportive services from other Federal agencies, such as the
Department of Veterans Affairs Grant and Per Diem and Supportive
Services for Veteran Families (SSVF) grantees, Housing and Urban
Development Veterans Affairs Supportive Housing resources, and Federal
Emergency Management Administration (FEMA) Food and Shelter programs.
HVRP operates on the principle that when homeless veterans attain
meaningful and sustainable employment, they are on a path to self-
sufficiency and their susceptibility to homelessness is diminished. The
HVRP program is employment-focused, ensuring that each veteran
participant receives customized employment and training services. HVRP
participants may receive instruction through occupational, classroom,
or on-the-job training. HVRP also assists veterans with job searches
and job placement. HVRP's client-centric, ``hands-on'' approach has
successfully helped place thousands of previously-homeless veterans,
some of whom were chronically homeless, on a path to self-sufficiency.
H.R. 2150 would help ensure this important work continues.
Conclusion
In conclusion, the Department strongly supports this legislation.
Thank you for the opportunity to submit this statement for the record
and for your continuing support of our Nation's veterans, transitioning
service members, and their families.
VIETNAM VETERANS OF AMERICA
Good morning, Chairman Flores, Chairman Takano and other
distinguished members of the subcommittees on Oversight and
Investigation and Economic Opportunity. The Vietnam Veterans of America
(VVA) is pleased to have the opportunity to appear here today to
express our views and pending legislation before this subcommittee.
H.R.331 : Introduced by Rep. Ken Calvert (CA-42) - Amends veterans'
educational assistance program reporting requirements under which
enrolled veterans (or eligible persons) and educational institutions
must report enrollment information to the Secretary of Veterans Affairs
(VA). Requires individuals and educational institutions participating
in the post-Vietnam era and post-9/11 veterans' educational assistance
programs to report to the Secretary such enrollment and any updates on
interruption or termination of the education (thereby making the
enrollment reporting requirements for the post-Vietnam and post-9/11
programs consistent with other veterans' educational programs).
Defines ``educational institution'' to permit the inclusion of
groups, districts, or consortiums of separately accredited educational
institutions located in the same state that are organized in a manner
facilitating the centralized reporting of enrollments.
H.R.821 - Introduced b Rep. Alan Grayson (FL-9) - Amends the
Servicemembers Civil Relief Act, for five years after enactment of this
Act, to afford surviving spouses of servicemembers who die while in the
military and whose death is service-connected the same protections
against sale, foreclosure, and seizure of property currently applicable
to their husbands who while in military service are unable to meet an
obligation on real or personal property.
Requires each lending institution subject to specified requirements
for a maximum 6% rate of interest on a servicemember's debts incurred
before military service to designate one of its employees as a
compliance officer responsible for: (1) ensuring the institution's
compliance with such requirements, and (2) distributing information to
servicemembers whose obligations and liabilities are covered by such
requirements.
Requires such a lending institution that had annual assets for the
preceding fiscal year of $10 billion or more to maintain a toll-free
telephone number and make it available on its primary Internet website.
Amends the Honoring America's Veterans and Caring for Camp Lejeune
Families Act of 2012 to extend through 2017 the period of specified
protections for servicemembers against mortgage foreclosures.
H.R.1357 - Introduced by Rep. Bill Johnson(OH) - Amends the VOW to
Hire Heroes Act of 2011 to permit retraining assistance under the
Veterans Retraining Assistance Program to be used by a veteran to
pursue a program of education for training on a less than full-time
basis if the program consists of at least 16 seat-time hours (or the
equivalent).
H.R.1796 Introduced by Rep. Tammy Duckworth (IL-8) Troop Talent Act
of 2013 - Directs the Secretaries of the military departments, to the
maximum extent practicable, to make information on civilian
credentialing opportunities available to members of the Armed Forces
(members) beginning with, and at every stage of, their training for
military occupational specialities, in order to permit such members to:
(1) evaluate the extent to which such training correlates with skills
and training required for various civilian certifications and licenses,
and (2) assess the suitability of such training for obtaining and
pursuing such certifications and licenses.
Requires the information made available to: (1) be consistent with
the Transition Goals Plans Success program, and (2) include information
on the civilian occupational equivalents of military occupational
specialties.
Requires such Secretaries to make available to civilian
credentialing agencies specified information on the content of military
training provided to members.
Allows members or veterans to use educational assistance provided
through the Department of Defense (DOD) or the Department of Veterans
Affairs (VA) in pursuit of a civilian certification or license only if
the successful completion of a curriculum fully qualifies such student
to take the appropriate examination and be certified or licensed to
meet any other academic conditions required for entry into that
occupation or profession.
Requires the military occupational specialties designated for a
military skills to civilian credentialing pilot program under the
National Defense Authorization Act for Fiscal Year 2012 to include
those specialties relating to the military information technology
workforce.
Directs the VA Secretary to reestablish the Professional
Certification and Licensure Advisory Committee (under current law,
terminated on December 31, 2006). Provides additional Committee duties,
including the development of: (1) guidance for audits of licensure and
certification programs in order to ensure high-quality education to
members and veterans, and (2) a plan to improve outreach to members and
veterans on the importance of licensing and certification and the
availability of educational benefits.
H.R.1842 Rep. Elijah E. Cummings (MD) - Military Family Home
Protection - Amends the Servicemembers Civil Relief Act (the Act) to
allow a court, in an action to enforce an obligation on real or
personal property secured by a mortgage against a servicemember who is,
or was, eligible for hostile fire or imminent danger pay during a
period of military service, a servicemember placed on convalescent
status, a veteran who was medically discharged and retired, or the
surviving spouse of a member who died during military service, to stay
such proceedings, upon request of a covered individual, for a specified
period (generally, one year after the event occurred for which the
individual became covered). Prohibits the sale, foreclosure, or seizure
of the subject property during such period, except upon a court order
or pursuant to an agreement authorized under the Act. Requires the
individual so covered to notify the mortgagee, trustee, or other
creditor of such coverage. Provides a criminal penalty for violations
of the sale or foreclosure prohibitions, and increases current civil
penalties for mortgage violations under the Act. Prohibits an
individual from being denied or refused credit solely by reason of
eligibility for relief under this Act.
Requires a servicemember-mortgagor who does not reside in the
mortgage-secured residence due to military relocation and who inquires
about, or applies for, a refinancing to be considered to occupy such
residence during the period of the relocation.
Requires each lending institution acting as a creditor to such
servicemember, veteran, or surviving spouse to designate an employee
responsible for ensuring the institution's compliance with the
requirements of this Act. Requires any such institution that had prior
annual assets of $10 billion or more to maintain on its primary website
a toll-free number for information concerning such requirements.
H.R.2011 Introduced by John K. Delaney (MD 6): Veterans' Advisory
Committee on Education Improvement Act of 2013 - Amend title 38, United
States Code, to provide for a two-year extension of the Veterans'
Advisory Committee on Education.
H.R.2150 Introduced by Rep. Paul Cook (CA-8) Homeless Veterans'
Reintegration Programs Reauthorization Act of 2013 - To amend title 38,
United States Code, to provide for a five-year extension to the
homeless veterans reintegration programs.
H.R.2210 Introduced by Rep. C.W. Bill Young (FL-13): Marine Gunnery
Sergeant John David Fry Scholarship Improvements Act of 2013 - To amend
title 38, United States Code, to expand the eligibility of children of
certain deceased veterans to educational assistance under the Post-9/11
Educational Assistance Program of the Department of Veterans Affairs.
H.R.2327 - Introduced by Rep. Jeff Miller (FL-1) - To amend title
38, United States Code, to establish in the Department of Veterans
Affairs a Veterans Economic Opportunity Administration, and for other
purposes (bill not available on Thomas)
Draft bill entitled, ``To amend title 38, United States Code, to
authorize the Secretary of Veterans Affairs to make an alternative
election on behalf of certain individuals who are subject to a bar to
duplication of eligibility for educational assistance under the laws
(Draft bill not available subcommittee needs to provide copy)
Messrs. Chairmen, thank you for pursuing this vital issue, for your
strong leadership in holding this hearing today, and for affording us
this opportunity to present our views here today. I will be happy to
answer any questions.
VIETNAM VETERANS OF AMERICA
Funding Statement
June 26, 2013
The national organization Vietnam Veterans of America (VVA) is a
non-profit veterans' membership organization registered as a 501(c)
(19) with the Internal Revenue Service. VVA is also appropriately
registered with the Secretary of the Senate and the Clerk of the House
of Representatives in compliance with the Lobbying Disclosure Act of
1995.
VVA is not currently in receipt of any federal grant or contract,
other than the routine allocation of office space and associated
resources in VA Regional Offices for outreach and direct services
through its Veterans Benefits Program (Service Representatives). This
is also true of the previous two fiscal years.
For Further Information, Contact: Executive Director of Policy and
Government Affairs, Vietnam Veterans of America, (301) 585-4000,
extension 127