Legislative Division Update
TOPIC 1: Medicare Reimbursement for VA Medical Care
BACKGROUND: VA is prohibited from billing Medicare for third-party reimbursements for the treatment of enrolled, Medicare-eligible veterans’ nonservice-connected medical conditions. The American Legion recommends Medicare reimbursements to supplement VA annual budget. ACTION: The American Legion continues to lobby lawmakers to authorize VA to collect third-party reimbursements from the Centers of Medicare and Medicaid Services (CMS). Position: The American Legion fully supports Medicare reimbursement for VA and will seek legislation in the 111th Congress.TOPIC 2: Budget Reform for VA Medical Care
BACKGROUND: The American Legion, VFW, DAV, AMVETS, Blinded Veterans Association, JWV, Military Order of the Purple Heart, PVA, and VVA have joined forces in support of changing VA medical care from discretionary to mandatory annual appropriations. The goal is to help stabilize VA medical care funding by using a formula based system similar to Social Security and Medicare. The Partnership is placing emphasis on sufficiency, timeliness, and predictability of VA’s annual appropriations. On February 12, companion legislation was introduced in both the House and Senate to address this issue. Entitled the “Veterans Health Care Budget Reform and Transparency Act of 2009,” the bills are: S. 423, introduced by Senator Daniel Akaka (HI) with 20 cosponsors; and, H.R. 1016, introduced by Representative Bob Filner (CA) with 38 cosponsors. ACTION: The American Legion continues to lobby lawmakers to effect budget reform for VA Medical Care. Position: The American Legion will continue to seek legislation for assured funding in the 111th Congress and will monitor these bills as they work through Congress.
TOPIC 3: Disabled Veterans’ Tax in the 111th Congress
BACKGROUND: Following passage of this year’s Defense Authorization Bill, Chapter 61 military retirees with less than 20 years of military service and military retirees rated 100 percent service-connected disabled due to Individual Unemployability can now qualify for concurrent receipt of their military retirement pay and their VA disability compensation without the dollar for dollar offset for Combat Related Special Compensation. ACTION: On January 8, Representative Gus Bilirakis (FL) introduced H.R. 303, the “Retired Pay Restoration Act.” This legislation would: a) allow the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability, b) repeal provisions phasing in the full concurrent receipt of such pay through December 31, 2013, and c) make eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability. The measure currently has 22 cosponsors. A companion measure, H.R. 333 – the “Disabled Veterans Tax Termination Act” – was introduced by Representative Jim Marshall (GA) on the same day. This measure would: a) allow retired members of the Armed Forces who have a service-connected disability rated less than 50 percent to receive concurrent payment of both retired pay and veterans' disability compensation, b) eliminate the phase-in period for concurrent receipt, and c) extend eligibility for concurrent receipt to chapter 61 disability retirees with less than 20 years of service. This legislation currently has 49 cosponsors. The American Legion will continue to urge expanding benefits for all service-connected disabled military retirees in the 111th Congress. President Obama submitted to Congress his “topline” budget in which he specifically addressed the Disabled Veterans’ Tax and his intentions to allow more service-connected disabled military retirees receive more of their VA compensation and military retirement pay without offsets. Position: The American Legion supports the full repeal of the Disabled Veterans’ Tax in the 111th Congress.
TOPIC 4: VA Budget for FY 2010
BACKGROUND: National Commander Dave Rehbein addressed a Joint Session of the Veterans’ Affairs Committees on September 11 to present the views of The American Legion regarding matters that will come before the 111th Congress. Normally, the annual budget process for Fiscal Year (FY) 2010 would be well underway. However, this year the Administration opted not to develop a budget because there will be a new Administration in January 2009. Therefore, the FY 2010 budget will not begin to be fully developed until the VA budget transition team for the new Administration begins its work after Election Day, November 4. The President’s Budget Request is normally submitted to Congress on the first Monday in February. Thus, Commander Rehbein’s testimony opened the VA appropriations process for FY 2010. The American Legion’s legislative portfolio supports VA health care funding that is sufficient, timely and predictable; ending the ban on Priority 8 enrollment; a seamless transition from DOD to VA, including reserve component service members; long-term care of aging veterans; medical and prosthetics research; construction of state-of-the-art medical facilities; technology for electronic medical records; reduction of the outrageous disability compensation claims backlog; veterans’ employment rights, veterans’ hiring preference by government and government contractors, and veteran-owned and service disabled veteran-owned small businesses in government procurement programs; job training for veterans with military occupational specialty skills not readily transferable to the private sector; care for homeless veterans; and proper administration of new GI Bill benefits. President Obama sent a “topline” budget to Congress that provided some insight into the budget request he is crafting for April 2009. The “topline” figures for VA are rather promising -- $56 billion in discretionary and $57 billion in mandatory -- $113 billion in FY 2010. This is a significant increase ($4.9 billion) in VA funding. However, the budget document contained very little details and no legislative initiatives. Steve Robertson appeared before the Senate and House Veterans Affairs Committees to give the Views and Estimates of The American Legion for Fiscal Year 2010 on March 12. ACTION: The American Legion will present its views to the transition team and Congress to spotlight the needs of this country’s veterans and their dependents. POSITION: The American Legion funding request for this portfolio includes $42.8 billion for medical care, including medical and prosthetic research; $3.3 billion for major and minor construction; $2.7 billion for information technology and $2.8 billion for VA general operating expenses.
TOPIC 5: Flag Amendment
BACKGROUND: The American Legion remains committed to protecting Old Glory from acts of physical desecration and overturning Texas v. Johnson (1989). During the Washington Conference, efforts are underway to determine the official positions of lawmakers currently listed as “unknown.” We are also working to have Senator Vitter and Representative Emerson to alter their existing bills to match the language which The American Legion advocates. POSITION: The American Legion fully supports a proposed constitutional amendment to prohibit the physical desecration of Old Glory.
John N. Severa, PCC
County Legislative Chairman
