Mr. Chairman and Members of the Subcommittee:

On behalf of the 1.3 million members of the Disabled American Veterans (DAV), I am honored to present this testimony to address various bills before the Subcommittee today. In accordance with our congressional charter, the DAV’s mission is to “advance the interests, and work for the betterment, of all wounded, injured, and disabled American veterans.” We are therefore pleased to support various measures insofar as they fall within that scope.

H.R. 2721

Congressman Cardoza introduced H.R. 2721 in June 2007. This bill would amend title 10, United States Code, to require the Secretary of Veterans Affairs (Secretary) to develop, and the Secretary of Defense to distribute to members of the Armed Forces upon their discharge or release from active duty, information in a compact disc read-only memory format that lists and explains the health, education, and other benefits for which veterans are eligible under the laws administered by the Secretary. The DAV does not have a resolution on this issue; however, this legislation would improve outreach services and is therefore deserving of DAV’s support.

The DAV believes the information contained on such a disc should be all-inclusive in regards to both the Department of Veterans’ Affairs benefits and military benefits. Further, considering the lack of effective outreach in relation to older groups of veterans, Congress should consider whether this type of information should be disseminated to older groups of veterans in addition to discharging service members.

The DAV presented testimony to the House Veterans’ Affairs Subcommittee on Disability Assistance and Memorial Affairs on May 22, 2008, regarding the issue of outreach. In that hearing, the DAV outlined serious flaws in VA’s outreach efforts in relation to older groups of veterans. Although, this initiative could not correct such flaws, this legislation could easily serve as a vessel to improve those outreach flaws in a cost-effective manner.

H.R. 3786

The Servicemembers Telecom Contract Relief Act, H.R. 3786, introduced by Congresswoman Zoe Lofgren in October 2007, would amend the Servicemembers Civil Relief Act to allow individuals called to military service to terminate telecommunications contracts entered into before the individual receives notice of a permanent change of station or deployment orders. The DAV has no resolution on this issue. Additionally, this legislation is outside the scope of DAV’s mission. We nonetheless have no opposition to its favorable consideration.

H.R. 4255

The United States Olympic Committee Paralympic Program Act of 2007, H.R. 4255, introduced by Chairman Filner in December 2007, would amend title 38, United States Code, to authorize the Secretary to provide assistance to the Paralympic Program of the United States Olympic Committee. The DAV has concerns regarding this bill.

Since 1991, the DAV and the VA have co-hosted the National Disabled Veterans Winter Sports Clinic in Snowmass Village, Colorado. Known as the “Miracles on a Mountainside,” the Winter Sports Clinic is the world leader in promoting rehabilitation. The sole purpose of this program is to promote rehabilitation by instructing severely disabled veterans in adaptive Alpine and Nordic skiing, and to provide an introduction to other adaptive activities and sports.

The Winter Sports Clinic provides profoundly disabled veterans opportunities for self-development and challenge. Participants have an opportunity to develop winter sports skills and take part in a variety of adaptive workshops. These activities include: Adaptive skiing in sit-skis, mono-skis, and bi-skis; instruction in adaptive Alpine and Nordic skiing for stand-up skiers; alternate activities include scuba diving, rock climbing, wheelchair self-defense, sled hockey, horseback riding, target shooting, snowmobiling, and various additional programs, seminars and activities.

This event evolved from the pioneering efforts of the VA in rehabilitation and adaptive sports. Mr. Sandy Trombetta, founder and director of the Winter Sports Clinic, began bringing VA patients to a nearby mountain resort to participate in disabled ski programs in the early 1980s. As a recreation therapist at the VA Medical Center in Grand Junction, Colorado, he recognized the physical and mental healing that skiing and other winter sports can provide to veterans with disabilities. Just a few years after the first Winter Sports Clinic held in 1987 with 20 staff members and about 90 veterans, it became apparent more support was needed due to the therapeutic benefits and popularity of the Clinic. The DAV answered that call and has become a co-sponsor of the event since 1991.

Last year, 391 veterans participated in the event, which is further broken down as follows: 133 new veterans; 30 new OIF veterans; 49 female veterans; 44 states represented; and 88 VA medical facilities represented. The youngest participant was 20 years old and the oldest was 85. The breakdown by periods of war was as follows: 6 World War II veterans; 13 Korean War veterans; 96 Vietnam War veterans; 42 Gulf War veterans; 51 Operation Iraqi Freedom veterans; and 18 Operation Enduring Freedom veterans.

It should be noted that the Winter Sports Clinic hosted by DAV and VA is purely for rehabilitative purposes, and is in no way competitive in nature. As written, this bill has the potential to change that, something that both DAV and VA opposes. Many disabled veterans that participate in the winter sports clinic have never before attempted such sports activities. Bringing a competitive atmosphere into that clinic we believe would do more harm than good.

Section 3, paragraph (c) of the bill states, amongst other things, that a program under that section includes a program that “promotes . . . competition.” The activities described in that same section are, among others, instruction and “competition in paralympic sports.”

This bill is obviously well-intended and therefore the DAV does not wish to stand in its way. However, we also cannot allow unintended consequences to occur that may jeopardize the two decades of success in helping to rehabilitate severely disabled veterans that the winter sports clinic has achieved.

Therefore, rather than opposing this legislation, we ask that it be amended to exclude “competitive” sports from being injected into the DAV and VA’s Winter Sports Clinic in Snowmass Village, Colorado.

H.R. 6070

The Military Spouses Residency Relief Act, H.R. 6070, introduced by Congressman Carter in May 2008, would amend the Servicemembers Civil Relief Act to guarantee the residency of spouses of military personnel. The DAV has no resolution on this issue. Additionally, this legislation is outside the scope of DAV’s mission statement. We nonetheless have no opposition to its favorable consideration.

H.R. 6221

The Veteran-Owned Small Business Protection and Clarification Act of 2008, H.R. 6221, introduced by Congressman Boozman in June 2008, would amend title 38, United States Code, to require the Secretary to include in each contract in which he enters for the acquisition of goods and services a provision that requires the contractee to comply with the contracting goals and preferences for small business concerns owned or controlled by veterans. Essentially, this legislation would require compliance with title 38, United States Code, section 8127 when the Secretary enters into a contract, memorandum, agreement, or other arrangement applicable thereto.

The DAV has a standing resolution to support legislative measures that assist service-disabled veteran-owned small businesses.  Although this legislation supports both veteran-owned and service-disabled veteran-owned businesses, it is nonetheless in compliance with our resolution.  The DAV therefore supports this legislation

H.R. 6224

The Pilot College Work Study Programs for Veterans Act of 2008, H.R. 6224, introduced by Congresswoman Herseth Sandlin in June 2008, would direct the Secretary to conduct a five-year pilot project to test the feasibility and advisability of expanding the scope of certain qualifying work-study activities under title 38, United States Code. The DAV has no resolution on this issue. Additionally, this legislation is outside the scope of DAV’s mission. We nonetheless have no opposition to its favorable consideration.

H.R. 6225

The Injunctive Relief for Veterans Act of 2008, H.R. 6225, introduced by Congresswoman Herseth Sandlin in June 2008, would amend title 38, United States Code, relating to equitable relief with respect to a State or private employer. By changing title 38, United States Code, section 4323(e), from, “[t]he court ‘may use’ its full equity powers . . .” to, [t]he court ‘shall use’ its full equity powers . . .,” applicable courts will no longer be able to use discretion in determining whether to use their power to vindicate the rights of those individuals entitled to the enforcement of such rights with respect to state and private employers.

This legislation could have direct effect on service-connected disabled veterans because many obtain employment due to their service-connected disabilities. Those same individuals have enforceable rights of employment or reemployment. When those rights are violated, the victims of such violations should not be subject to the whims of discretion that some courts may choose to abuse. The DAV therefore supports this legislation.

H.R. 6272

The SMOCTA Reauthorization Act of 2008, H.R. 6272, introduced by Congressman Welch in June 2008, would authorize discretionary appropriations to carry out the Service Members Occupational Conversion and Training Act of 1992. In addition to the amounts authorized under 4495 of the Service Members Occupational Conversion and Training Act of 1992, this bill would authorize $60 million per fiscal year for years 2009 through 2018.

Under this law, title 10, United States Code, section 1143, the Secretary of Defense is required to carry out a program to assist eligible persons in obtaining employment through participation in programs of significant training for employment in stable and permanent positions. Those entitled to this program are, among others, members separated involuntarily and who have a service-connected disability rated at least 30 percent by VA.

This bill has obvious beneficial effects regarding employment opportunities for service-connected disabled veterans. The DAV therefore supports this bill.

Mr. Chairman, this concludes my testimony on behalf of DAV. We hope you will consider our recommendations.