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Witness Testimony of Colonel Felix C. Vargas, Jr., USA (Ret.), American GI Forum of the United States, Senior Advisor

Madame Chairwoman, Ranking Member Boozman, and distinguished  Members of this Committee, the American GI Forum (AGIF) appreciates this opportunity to present its views today regarding the issue of expiring Veterans Affairs programs.  The AGIF traditionally has not been invited to testify before congressional committees on issues of importance to our men and women who have served and are serving in our country’s armed forces.  If my memory serves me correctly, we last appeared before the U.S. House of Representatives Veterans Affairs Committee on 18 May 2004, to update you on our AGIF National Veterans Outreach Program.

As you may know, the AGIF is a congressionally chartered Veteran Service Organization (VSO), founded 60 years ago by Dr. Hector P. Garcia principally to represent the interests and concerns of American war veterans of Hispanic origin, many of whom were denied their veterans benefits following the end of World War II.  Today, AGIF remains a vibrant non-profit organization working in concert with all VSOs to ensure that our nation’s commitments to all our returning military men and women and their families are honored.  This includes especially our newest generation of veterans coming home from the Global War on Terrorism (GWOT). 

Today, we are here to add our support to the continuation of important veterans support programs, currently managed by the Departments of Labor and Veterans Affairs.  In the interests of time, we will only address the following programs:

  • Incarcerated Veterans Transition Program (IVTP)

  • Department of Labor (DOL) Veterans Employment and Training Program (VETS) Claim Referral

  • Apprenticeship and On-Job-Training

  • Post-Vietnam Era Veterans’ Educational Assistance Program, and

  • Survivors and Dependents Educational Assistance

Incarcerated Veterans Transition Program (IVTP)

We believe that this program has provided invaluable assistance to incarcerated veterans, who are within 18 months of release and who are at risk of homelessness, to re-train and re-enter the workforce.  The funding provided has enabled many such veterans to receive training and related support services to make a successful transition back into the workforce and back into their communities.

While the IVTP concept and objectives are sound, we have heard of instances where incarcerated veterans, once released to the streets, have fallen through bureaucratic cracks, receiving little if any help.  They have been told that to get follow-on assistance, they need to call the VA, make an appointment, and show up with their DD-214.  In these instances, no efforts were made prior to their release to connect them to medical facilities, for any needed treatment or medication; to housing options; or to employment opportunities.  One sister VSO informed us that in cases of released veterans who are terminally ill, that often no support is given.

We do not believe that any such neglect represents the true intent of the IVTP.  It is important, however, for the Department of Labor to investigate any reported failure to provide needed follow-on transition support services to an incarcerated veteran upon release.

I am pleased to inform the Subcommittee that my home State of Washington has taken an important step to help these veterans.  Washington State, working closely with VSOs, issues a booklet to incarcerated veterans, titled An Incarcerated Veterans Guidebook for Washington State.  The booklet helps the veteran plan for his release and provides important information, such as addresses, phone numbers, and web sites that the veteran can use to connect to programs and other assistance that are available upon the veteran’s release.  The booklet has proved to be such a successful resource that other states have used it as a model for their own guidebooks for incarcerated veterans.

Again, we support the IVTP and see it as a great support program for incarcerated veterans.  The bugs in the program and any deficiencies should be corrected to ensure that no incarcerated veteran falls through the cracks or worse yet is left behind.

DOLVeterans Employment and Training Program (VETS) Claim Referral

The Department of Labor (DOL) Veterans Employment and Training Program (VETS) constitutes a pillar in the support structure for veterans.   There is no greater assistance that can be provided to our returning warriors than job-related training, linked to follow-on employment.

The men and women of our National Guard and Reserve face a unique employment challenge when they return from active duty to their communities.  All returning reservists are NOT guaranteed that their old jobs will be waiting for them.  I saw this first-hand in Germany in the late 1980’s, where German and other European employers would essentially give American reservists a hard choice:  active duty with your American military unit or your job in Europe.  You cannot have both.  Such was the callous attitude of our so-called allies whose freedom we had achieved during two world wars and ever since.

Fortunately, in the U.S., we have through the DOL’s VETS program the enforcement of the Uniformed Services Employment and Reemployment Act (USERRA).  USERRA fights discrimination against veterans, individuals entering military service, and members of the National Guard and Reserve.  The law protects our veterans against retaliation by employers simply because a veteran attempts to exercise a USERRA right.  Further, the law requires that veterans and others who perform qualifying service in the uniformed services, including the National Guard and Reserve, be reemployed by their pre-service employers with the seniority, status and rate of pay they would have attained if employment had been continuous.

We understand, Madame Chairwoman, that an issue before your Subcommittee concerns extension of a demonstration project giving the Office of Special Counsel (OSC) authority to investigate federal sector USERRA claims brought by persons whose social security number ends in an odd-numbered digit.  We are also informed that under the project, OSC will also receive and investigate all federal sector USERRA claims containing a related prohibited personnel practice allegation over which OSC has jurisdiction, regardless of the person’s social security number.

Our interest here is limited to seeing that aggressive enforcement of  USERRA is carried out across the board, both by DOL and OSC.  We would also like to receive assurances that our reservists living in foreign countries are covered by a USERRA-like agreement through the host government.

Assuming that the demonstration project, as administered by OSC, has shown good results, we would support its extension.  We respectfully request that a report on the demonstration project addressing actions taken and results be provided to VSOs, thereby allowing us to evaluate its effectiveness.

Apprenticeship and On-Job-Training (OJT)

This program, run by Veterans Affairs, provides veterans and their immediate family a great incentive to achieve a co-educational objective.  Eligible persons may receive a training allowance from the VA to supplement their wages while learning a new skill or trade, thereby increasing their financial security and job stability during the training period.

At a time when we see signs of an imminent recession in our country, it is important that we not lose sight of the contribution that this program makes in battling unemployment in a weakened economy.  This program is about helping veterans and their families to work and learn while they prepare to fill jobs in both the private and public sectors of our economy.

We are concerned that the law that increased OJT payments to 85 percent of the GI Bill payment rate in 2005 expired on 31 December 2007.  This means that without new legislation maintaining the 85 percent, the OJT payment rate will drop to 75 percent as of 1 January 2008.  Thus, what has been a top OJT (Veteran) payment rate of $935.85 will now drop to $825.75.

Members of the Subcommittee, we urge you to make permanent the OJT payment rate of 85 percent.  You should not allow this rate to revert back to the 75 percent training rate.  Our veterans who depend on these payments are facing daily increases in housing and the cost-of-living expenses.  They need every cent that can be provided under this program.

The other comment we would make here is that you should consider offering tax incentives to companies who agree to participate in the Apprenticeship program.  We note that there are too few companies who participate.  For starters, we should see to it that all defense contractors, many of whom have amassed fortunes by providing products and services to the U.S. military, become active supporters of and participants in this Apprenticeship program.

Veterans Educational Assistance Program (VEAP)

VEAP is made available to veterans if they elected to make contributions from their military pay to participate in this education benefit program.  The individual contributions are matched on a $2 for $1 basis by the Government.  The benefits can be used to pursue a degree, certificate, correspondence, apprenticeship/OJT training programs and vocational flight training programs

Benefit entitlement to the participating veteran is one to 36 months, depending on the number of monthly contributions.  The veteran has 10 years from his/her release from active duty to use VEAP benefits.  If the entitlement is not used after the 10-year period, the portion remaining in the fund is automatically refunded to the veteran.

We strongly support the continuation of the VEAP program and at the highest rate possible.

Survivors and Dependents Educational Assistance

This is another valuable program that has shown a level of success for veterans’ families and should therefore be continued.  It provides education and training opportunities and benefits to eligible dependents of veterans for up to 45 months.  The benefits may be used for degree course work and certificate programs, apprenticeship, and OJT.

We urge the Subcommittee to endorse continued funding of this program at the higher rates.  Our veterans’ families would greatly appreciate your understanding and support.

CONCLUSION

In sum, Madame Chairwoman, the American GI Forum considers the continuation of the VA and DOL programs before the Subcommittee to be a reflection of your strong support for our veterans and their families.  Taken as a whole, they go a long way toward honoring the commitment our nation made to our men and women who have served honorably in the military.

Again, I thank you for allowing the AGIF an opportunity to address you today on the review of these important programs.