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LEGISLATIVE NEWS
As the Congress rushes to an August recess, there has been considerable activity on matters affecting Marines,
Active, Reserve, retired, veterans, the combat disabled, and family members.
The Senate approved Senator Bill Nelson’s amendment to the defense bill to eliminate the SBP-DIC offset by voice
vote on 21 July 2009.
The Senate voted 92-0 on 22 July 2009 to create a new Federal crime to attack U. S. service members or their
f amilies because of their status. Introduced by Senator Jeff Sessions, he said, "It makes it a crime to knowingly
assault or batter a serviceman or immediate family member, or knowingly destroy or injure their property." There
is no like bill in the house, so we will have to see what happens in the negotiations on the final bill. This
would be a good time for those of you who want to do your part to contact your Congressional Representative
regarding this matter.
On 23 July 2009 the Senate approved the Military and Overseas Voter Empowerment Act, known as the MOVE Act,
as a part of the 2010 defense authorization bill. The Act would require states accepting federal funds to set
up a streamlined process for service members to register to vote as well as request, receive and return absentee
ballots. Two points in particular are designed to prevent states from declaring servicemember votes disqualified
for lack of timeliness. Point one would require states to deliver ballots at least 45 days before a federal
election and to count ballots that are postmarked on election day or earlier even if they arrive up to 10 days
after election day. Point two would bar states from requiring that a military ballot be notorized in order to be
counted. Once again there is no similar provision in the House version of the defense bill, however one of
the House committee members, Duncan D. Hunter, a freshman lawmaker and Marine Corps veteran who served two
combat tours in Iraq and one in Afganistan, is pushing for a change in procedure in the House. Once again,
contact your Congressional Representative regarding this matter.
The Military Spouse Residency Relief Act sponsored by Senator Richard Burr was approved by the Senate and added
to the defense appropriations bill. Under current law, military spouses are required to register to vote, get new
driver's licenses, pay income taxes in the state where they live with their spouses, et cetera. This act
would give the spouse the same rights to claim state residency as enjoyed by the servicemember. Once again, the
House version of the defense appropriations bill does not contain a similar provision, however, it appears likely
this provision will be included in the final bill.
The House of Representatives has passed H.R. 1016, a bill that would allow for advanced funding for Veterans
Affairs medical accounts one year in advance. This would assure funding for the medical needs of veterans
without delays in funding bills each year in Congress. A companion bill has been introduced in the Senate as
S. 423.
Senator Max Baucus of Montana along with 16 co-sponsors has introduced S.711, a bill requiring professional
mental health screening before deploying to a war zone, after returning from a war zone and before deploying
again. This bill was prompted by the suicide of a Montana National Guard member who took his own life after
returning from Iraq. Investigative evidence indicates that the suicide rate among combat veterans in their
early twenties is approximately double that of the general population in the same age group. Studies by the
U.S. Army as well as studies by the Department of Veterans Affairs indicate a high incidence of PTSD and TBI
in returning combat veterans. A key factor in preventing the high suicide rate among veterans is the
identification of veterans suffering mental health problems, and many veterans fail to recognize or refuse
to admit that they are suffering from a mental health problem.
A looming battle over the House National Health Care bill is "what happens to both military and VA health care?"
The first issue has to do with taxes on employer provided health care. The current proposed bill will include
the value of health care (insurance) provided by employers in the taxable income of employees. As it presently
stands the bill contains no special provision exempting military members, military retirees, or veterans receiving
benefits from the Veterans Administration from taxes on health care benefits. The second issue is the possible
imposition of limits on the cost of care that could apply to both direct care from military hospitals and from
the Tricare health plan, as well as to direct care from the veterans health care system. Many Vietnam veterans
are victims of exposure to Agent Orange. The most common disease associated with Agent Orange is diabetes and
it carries the risk of kidney failure. Will the government deny kidney dialysis treatment for these combat
veterans as too costly, because you are going to die anyway? Not only would denying treatment save the cost
of treatment, but it would also hasten death and save the government in Social Security benefits and VA disability
benefits. Another disease associated with Agent Orange is prostate cancer, and recent studies show that Agent
Orange caused prostate cancer is considerable more aggressive than would be predicted by Gleason scoring, and
thus more likely to recur. As the cancer continues to recur, are these victims going to be denied treatment for
the advanced stages of the disease because it is too costly?
The June issue of the e-WORD identified the introduction of H.R. 1478 also known as the Carmelo Rodriguez Military
Medical Accountability Act of 2009. Another recent case of medical malpractice shows the injustice of the current
Ferres Doctrine. An airman undergoing a routine gallbladder operation lost both legs because the surgeon cut a
major artery providing the blood supply to the legs and then failed to recognize what occurred. As a result no
action was taken to repair the artery. The military opposes any change to the Ferres Doctrine, proposing that
medical boards should discipline offending doctors. What I have observed in one prominent case of a heart surgeon
who had an unusually high mortality rate among his patients was quite simple. The offending doctor was simply
transferred from one military hospital to another military hospital and to another. It reminds me of the solution
of Catholic bishops when a pedophile priest was identified in a parish. The solution was simple. Just transfer
the offending priest to another parish.
OTHER NEWS OF INTEREST
In research sponsored by the Department of Veterans Affairs, researchers from the Institute of Medicine, a
division of the National Academy of Science, say there may be a link between exposure to Agent Orange and an
increased chance of developing serious heart problems and Parkinson's disease. In the case of heart disease,
researchers reviewed several studies that showed links between higher exposure levels to Agent Orange and
greater incidence of ischemic heart disease, a condition involving reduced blood supply to the heart. The
Parkinson's connection is less certain because the reviews of previous studies lacked specific investigations
of Parkinson's disease among Vietnam veterans. It remains to be seen what the VA will do with results of the
research they sponsored.
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SPONSORS OF THE CONGRESSIONAL RECEPTION 2009








MEET THE CHALLENGE
Join the PFC Ryan Jerabek USMC Challenge Run on 9 August 2009
Ryan Jerabek, an 18 year old Hobart, Wisconsin, native had served our Nation in the United States
Marine Corps with Honor, Courage, and Commitment. Ryan was assigned to the 1st Marine
Expeditionary Force, 2nd Battalion, 4th Regiment, ECHO Co. Weapons Platoon. (2/4 Second to None)
He gave his life for the cause of Freedom on 6 April, 2004 in Ramadi, Iraq during Operation Iraqi
Freedom. Ryan was awarded the Bronze Star with Combat V for extraordinary heroism. He also
received the Purple Heart. This event is planned to take place on the roads that Ryan ran to
prepare himself for his service in the Marine Corps.
The intention of this non-profit event is to honor and thank our veterans, all of our servicemen
and women, and to Honor and Remember our Fallen Heroes.
The inspiration and driving force behind this event came from Ryan himself. In his senior year at
Pulaski High School, he gave a speech about the Marine Corps. At the end of the speech, he
implored his fellow students with the following:
"I'd like to ask of you to thank those who fought and are fighting in the battles to keep this
country at the pinnacle of Freedom."
Ryan Jerabek 2 Dec 2002
This event is one way that we can honor Ryan's request.
For more information visit the PFC Ryan Jerabek Challenge Run Web site.
- www.jerabekchallenge.us
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