Field Report: VFW Leaders On Hand for Hearing to Discuss Orlando VA Hospital

This week the House Veterans Affairs Committee hosted a field hearing at the University of Central Florida to discuss the lack of progress on a new VA Medical Center in Orlando.

VFW Past Department Commander David Harris was on hand to hear witnesses from the VA Office of Construction and Facilities Management, and hospital contractor Brasfield and Gorrie, testify on persistent delays in the project.

Harris described the hearing as a “circular firing squad” between the project’s architects, construction management, and the VA project manager, who all blamed each other for the project delays.

Construction on the new facility started in October 2008 and was scheduled for delivery this October; however, numerous change orders to the contract, design issues, and other delays have pushed the opening to late 2013 at the earliest, and possibly into 2014.

“My single interest is the expeditious completion of this facility for the veterans of Central Florida who have been waiting over a decade for this medical center,” said Veterans Affairs Committee Chairman Jeff Miller, R-Fla. “It is clear from today’s hearing both VA and the contractor still have quite a long way to go to come together and figure out how to work together, which is what needs to happen. But I am cautiously hopeful that will become the goal moving forward, as it should have been all along.”

Despite the finger-pointing, both VA and Brasfield and Gorrie officials promised to continue working toward consensus on how to move the project toward completion of the new medical hub for central Florida’s veterans.

Local VFW officials will continue to monitor progress on the new VA medical center, holding public officials accountable for its completion.

To view an archived webcast of the hearing and to read the prepared statements of each witness, click here.

Members of both the House and Senate are in their home districts throughout the month of August, tending to constituent affairs. VFW advocates are once again taking this opportunity to meet directly with their elected leaders on veterans’ issues, and we are looking to share those stories on this blog.

To submit your Field Reports for consideration on the VFW’s Capitol Hill blog, simply fill out our online form here, or send photos and stories directly to vfwac@vfw.org. Information for this story was provided by VFW National Legislative Committee member Lee Kichen.

House Discusses Veteran Contracting in VA

This week the House VA subcommittees on Economic Opportunity and Oversight & Investigations hosted a joint hearing on VA's contracting procedures with veteran-owned small businesses. The subcommittees sought to address concerns raised in a recent Government Accountability Office, or GAO, report on potential ongoing fraud within the approval process for contractors and inconsistencies in standards for VA's Center for Veterans Enterprise, or CVE, when approving veteran entrepreneurs to do business with the government.

To view the archived webcast of the hearing, click here.

To see a full list of witnesses and to read their prepared remarks, click here.

CVE is the office within VA responsible for vetting veteran-owned small businesses, or VOSBs, and service-disabled veteran-owned small businesses, or SDVOSBs, who wish to secure VA contracts. Once approved by CVE, businesses can then bid on projects set aside for veterans.

Unfortunately, VA is the only agency within the federal government that currently administers a strict policy of vetting veteran business owners prior to awarding contracts. According to the recent GAO report, which you can read here, he Small Business Administration continues to rely on a self-certification system, creating the potential for fraudulent businesses to secure veteran set-aside contracts.

However, the veterans' community has started to raise concerns over the efficiency of CVE's business processes, which were revised in 2010 and have potentially locked thousands of legitimate businesses out of contracts with VA, while only serving to catch minimal fraudulent acts.

During the hearing, Thomas Leney, executive director of VA's Office of Small and Disadvantaged Businesses, sought to explain how VA interpreted the changes to the approval policy in 2010, and explained that 59 fraudulent businesses had been caught as a result. However, Leney went on to explain that up to 60 percent of businesses that applied with CVE were initially rejected for failing to comply with strict ownership and control criteria outlined in the Code of Federal Regulations.

Leaders from both subcommittees balked at these numbers and sought clarification from Leney on how CVE determined whether businesses were eligible.

Rick Weidman, who testified on behalf of the Veterans Entrepreneurship Task Force, or VET-Force, presented his concerns on the current state of CVE and recommended specific steps to simply the process for veteran applicants.

In his remarks, Weidman encouraged CVE to first split the process into two phases: CVE would first validate veterans' status for applicants, then validate ownership and control of the business in a transparent manner. To read Weidman's full recommendations, click here.

Your VFW has also consistently advocated to improve CVE businesses processes in an effort to strike the balance between detecting fraud and offering veterans timely access to government set-aside contracts.

The VFW will continue to work diligently alongside our partners in the veterans' community to call for improved business processes within CVE, ensuring veteran entrepreneurs can do business with the federal government. Check back regularly for updates.

House Moves Series of VFW-Supported Legislation

This week, each of the House Veterans Affairs subcommittees moved more than a dozen bills to the full committee for consideration, many of which the VFW has vocally supported in recent testimony.

House VA Subcommittee on Disability Assistance and Memorial Affairs: 

On Wednesday afternoon, the House VA Subcommittee on Disability Assistance and Memorial Affairs marked up and passed three bills, H.R. 5735, H.R. 5881, and H.R. 5880.

H.R. 5735, which the VFW helped to draft, was amended to not only commission a "Place of Remembrance" for unclaimed remains of American service members, but it will also clarify that burial proceedings at National Cemetery Administration facilities must reflect the wishes of the grieving family and that veterans convicted as Tier Three sex offenders or who receive life imprisonment will be excluded from burial in national cemeteries.

H.R. 5881, the Access to Veterans Benefits Improvement Act, was amended to reflect the wishes of the VFW to ensure that only properly vetted employees, such as VA employees, tracking officers, county service officers and VSO service officers, with proper need to access a veteran's claim information can have access to sensitive VA database information.

H.R. 5880, the Veterans Disability Examination Access Improvement Act, was passed without amendments. VFW vocally supported this bill in testimony before the subcommittee earlier this month.

To read VFW's full testimony on each of these bills, click here.

House VA Subcommittee on Oversight and Investigations: 

On Wednesday morning, the House VA Subcommittee on Oversight and Investigation marked up and passed three bills, H.R. 3730, H.R. 4481, and H.R. 5948.

H.R. 3740, the Veterans Data Breach Timely Notification Act, was amended and passed to require VA to notify the VA secretary of any data breach within 10 days, then notify the affected veteran within the next 10 days, finally notifying the public within the subsequent 10 days.

H.R. 5948, the Veterans Fiduciary Reform Act of 2012, was amended in the form of a substitute and passed to add further protections and oversight on VA fiduciaries to protect veterans. The amendment initiates harsher penalties to organizations and businesses that seek to scam or take advantage of VA beneficiaries or their fiduciaries.

H.R. 4481, the Veterans Affairs Employee Accountability Act, which would prohibit VA employees who violate federal acquisition laws from receiving bonuses, also passed the committee.

The subcommittee hosted a hearing on each of these bills earlier this month. To view a full list of witnesses and to read their prepared remarks, click here.

House VA Subcommittee on Economic Opportunity: 

On Thursday morning, the House VA Subcommittee on Economic Opportunity marked up and passed five bills, H.R. 4057, H.R. 4115, H.R. 4740, H.R. 3524, and H.R. 5747.

The VFW was paying close attention to H.R. 4057, the Improving Transparency of Education Opportunities for Veterans Act of 2012; a bill which VFW legislative staff worked diligently to introduce. The bill was amended to include specific disclosures VA would have to make to potential student-veterans as part of pre-enrollment counseling available to G.I. Bill recipients. The VFW has been the leading voice in Washington advocating for improved student-veteran consumer information and consumer protections, which is why the VFW has pushed for this bill and similar bills in the Senate.

H.R. 3524, the Disabled Veterans Employment Protection Act, was amended to allow disabled veterans not covered under the Family Medical Leave Act an additional four weeks of leave from work in a calendar year for treatment of service-connected injuries. The subcommittee originally proposed 12 weeks of additional leave, but was concerned that employers would balk at the prospect of hiring veterans with such a strong provision.

During testimony earlier this spring, the VFW pointed out that VA must adapt its treatment options to allow service-connected disabled veterans to schedule care around reasonable work schedules. The VFW contends that it is not fair to the veteran or to his or her employer if VA can only schedule appointments during the work day.

H.R. 4115, the HIRE at HOME Act, which the VFW helped to craft, passed favorably, along with H.R. 4740, the Fairness for Military Homeowners Act, and H.R. 5747, the Military Family Home Protection Act.

The VFW testified on each of these bills within the last few months. To read our testimony on H.R. 4057 and H.R. 3524, click here. To read our testimony on H.R. 4115, H.R. 4740 and H.R. 5747, click here. 

House VA Subcommittee on Health:

On Friday morning, the House VA Subcommittee on Health marked up and passed two bills, H.R. 3337 and H.R. 4079.

The VFW has been a vocal advocate for H.R. 3337, the Open Burn Pit Registry Act, helping to introduce the bill late last year, and even helping to introduce a companion bill in the Senate, with the help of the burn pit exposure advocacy group Burn Pits 360. The bill easily passed the subcommittee.

H.R. 4079, the Safe Housing for Homeless Veterans Act, was also amended and passed the subcommittee, ensuring housing for homeless veterans meets safe living standards.

The VFW testified on each of these bills in April. To read VFW's full testimony, click here.

The VFW will continue to track each of these bills as they move through committee, possibly to be included in another veterans' benefits omnibus package later this fall. Check back regularly for updates.

Watch: VFW Testifies on Veterans’ Economic Opportunity Bills

Update: The archived webcast from today's hearing is now available by clicking here. 

This morning, your VFW testified before the House Veterans Affairs Subcommittee on Economic Opportunity on four pieces of pending legislation designed to protect service members’ financial interests and offer improved employment opportunities and protections for veterans.

The started at 10 a.m. in the committee’s chambers, room 334 of the Cannon House Office Building. To view a full list of witnesses and to read their prepared remarks, click here.

VFW Deputy Legislative Director Ryan Gallucci testified before the subcommittee, lending the VFW’s support to bills improving protections for military home owners, H.R. 4740 and H.R. 5747, and a bill that seeks to close licensing gaps for veterans, H.R. 4115.

The VFW worked closely with the American Legion to push for H.R. 4115, the HIRE at HOME Act, which was introduced by Rep. Steve Stivers, R-Ohio, and would mandate that states consider military training and experience when issuing licenses for medical professionals and truck drivers. The VFW suggested that the subcommittee should add language similar to the Senate companion bill, which would outline how states would report on licensing gaps from veteran applicants, and how Department of Labor would subsequently share that information with the Pentagon in an effort to eliminate such gaps.

The VFW also applauded Reps. Elijah Cummings, D-Md., and Duncan Hunter, R-Calif., for introducing their bills to improve the Servicemembers Civil Relief Act, or SCRA. Cummings' bill, H.R. 5747, would strengthen foreclosure protections and enforcement for deployed service members, surviving spouses and disabled veterans, which Hunter's bill, H.R. 4740, would allow military families to refinance mortgages on homes they own at old duty stations, even though it is no longer a primary residence.

Gallucci also voiced the VFW’s concerns on the proposal in H.R. 3860 to exclude large businesses from claiming financial hardship exemptions under the Uniformed Servicemembers Employment and Reemployment Rights Act, or USERRA, explaining that such a drastic change could prevent service members and veterans from finding employment.

The VFW's position was at odds with other panelists from the American Legion and the Reserve Officers Assocation, but Gallucci stressed that poor enforcement of current policy was actually what prevented service members covered under USERRA from returning to their jobs.

Gallucci also pointed to a recent study from the Center for a New American Security, which reported that employers sometimes do not make the distinction between veterans and service members with Guard and Reserve obligations, and that legal obligations tied to deployments -- specifically USERRA -- may actually prevent companies from even allowing veterans in the door.

Your VFW will continue to follow each of these bills as they move through the House. Check back regularly for updates.

(Image: VFW Deputy Legislative Director Ryan Gallucci, left, testifies before the House VA Subcommittee on Economic Opportunity alongside American Legion National Economic Division Associate Director Steve Gonzalez and Reserve Officers Association Executive Director, retired Major Gen. Drew Davis. Photo by Jimmy Petersen.)

Watch: VFW Testifies on VA Claims Process

Update: The archived webcast of this hearing is now available by clicking here. 

This morning the VFW testified before the House Veterans Affairs Committee on the VA disability claims process transformation.

The hearing started at 10:30 a.m. in the committee’s chambers, room 334 of the Cannon House Office Building. To view a full list of witnesses and to read their prepared remarks, click here.

VFW Deputy National Veterans Service Director Jerry Manar presented the VFW’s thoughts on the transformation plan for the Veterans Benefits Administration, or VBA, which centers on the Veterans Benefits Management System (VBMS), a program intended to digitize the disability claims process.

In his remarks, Manar commended current VA leadership for their initiative to improve the claims process, but he also told the committee that the veterans’ community should not expect too much from the initial VBMS roll-out. Manar compared the new program to a foundation for a new house, intended to replace an aging, ad-hoc infrastructure of computer systems incapable of interacting with one another.

Manar went on to say that VBA should not introduce VBMS until it has been fully stressed to identify short comings, but that VBA must walk a fine line between rolling out the program too soon and delaying too long while seeking to fix any and all problems.

During his testimony, Manar also discussed VA’s new Simplified Notification Letters for veteran claimants, which the VFW believes do not provide adequate information to properly inform a claimant on how VA arrived at its rating decision.

Your VFW and our cadre of claims service officers will continue to monitor progress and identify ways to improve the VA claims process to ensure timely delivery of benefits to our veterans.

We Were Supposed to do a Webinar Today…

This afternoon, the interagency committee tasked with implementing the president’s recent executive order on veterans’ education planned to host a webinar for veterans’ advocates and higher education stakeholders to outline how VA, the Department of Defense, and the Department of Education planned to implement the new directive.

The VFW has played a lead role in building consensus among leaders in higher education and the veterans’ community, sparking decisive action from Congress and the White House on the issue. Unfortunately, when it came time to log on to the webinar, the VFW was locked out.

Military OneSource, the DoD service tasked with hosting the webinar, said in an email that they overbooked the system, locking out groups like the VFW who had registered to participate last week. The email went on to explain that a subsequent webinar would be hosted next Friday and the presentation would be available to the public in two weeks online.

“To the VFW, this course of action is unacceptable,” said VFW Executive Director Bob Wallace. “We’ve been persistent advocates on this issue and we deserve to know how VA, the Pentagon and higher education intend to implement the executive order in order to best represent our veterans’ needs. It’s highly unprofessional and completely unacceptable to ask the VFW and our partner organizations to wait another week to learn about this program.”

The VFW was one of the few veterans’ organizations invited to testify on the president’s executive order, Executive Order #13607, before the House VA Subcommittee on Economic Opportunity two weeks ago. To learn more about the hearing and the executive order, click here.

(Image: Screengrab of the VFW's lock-out screen from today's webinar on Executive Order #13607.)