DoD-State Liaison Update

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1 U N I T E D S T A T E S D E P A R T M E N T O F D E F E N S E DoD-State Liaison Update Dr. Thomas L. Langdon Director, State-Liaison and Education Opportunity thomas.l.langdon.civ@mail.mil

2 DoD-State Liaison Office Goal: Provide DoD an opportunity to participate in state-level discussions on issues affecting service members and their families. Focus is on Key (state-level) Issues.reviewed annually What we do: Educate state policymakers/leaders on the Key Issues Eight Liaisons ERA with state leaders: Educate about the issues, build Relationships, and Assist when asked Providing best practice language and arranging testimony is permitted What we don t do: Lobby No grass roots campaigning for specific pieces of legislation I

3 Regional State Liaison Staff Martin Dempsey Jim Rickel Harold Cooney Mark San Souci Laurie Crehan Kevin Bruch Thomas Hinton Senior State Liaison Dale Vande Hey Eric Sherman

4 2014 Results Active Sponsors 2013 Active Bills 2013 Enacted Bills 2013 Active Sponsors 2014 Active Bills 2014 Enacted Bills Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep

5 2015 Issues Assign an identifier for military children in education data systems Allow private sector employers to offer hiring preference to veterans Provide authority for establishing Veteran Treatment Courts (VTCs) Employment protections during state sponsored activation Facilitate licensure and academic credit for military education, training and experience Allow earned priority for receiving Medicaid home and community care waivers Facilitate military spouse transition through licensure portability Clarify relationship between civilian and military authorities for child advocacy Ensure deployment separation does not determine child custody decisions Promote consumer protections and enforcement of the predatory lending regulation Increase access to quality, affordable childcare for military families Comport state laws with DoD rules on disposition Support for Caregivers of Disabled Veterans State licensing exemption for distance education under DoD MOU

6 Issue Status Issue Sub-Issues and Number of States Responding to Date Military ID 11 Private Sector Vet Hiring Protection VTC 39 NG Employment Protection Separating SM Licensure Focus on treatment Open selection Maximize coverage Licensing credit for military education Private right of action Out-of-state protection Extension of license while on active duty Endorsement of existing license Academic credit for military education Medicaid Waivers 5 Spouse License 48 License by endorsement Temporary license Expedited processes Child Advocacy 0

7 Issue Status Issue Child Custody 49 Sub-Issues and Number of States Responding to Date Military absence not sole basis No permanent order for mil absence Reinstate custody order upon return Delegate visitation rights Expedite hearing Electronic testimony Consumer Enforcement of the Military Lending Act Information sharing through FTC Protection Quality Child Annual inspections Background checks Care Disposition of 45 Remains Caregiver Not rated Support Distance Ed 28

8 Military Identifier Issue: The only data that exists on 1.1 military-connected students comes from the U.S. Department of Education Impact Aid Program which measures only the number of military-connected children by school district. A lack of data prevents possible improvements to educational outcomes of military-connected students. Goal: Encourage states to include a military identifier in statewide public education data systems 2014 results: Sponsors Bills States Governor Signed States to Date Legend: Enacted legislation Not yet enacted legislation

9 Veterans Hiring Preference Issue: Private employers may be reluctant to offer hiring preferences to veterans because of potential liability Many companies would like to hire veterans because of their unique skill sets, proven work ethic, and reliability, but are hesitant to do so out of fear of being sued under Title VII of the Civil Rights Act of Strategy: Provide statutory protection for private sector employers to provide veterans hiring preference

10 Medicaid Waivers Issue: Transient nature of military life makes Medicaid waiver 1915(c) difficult to access Background: DoD provides a supplemental health plan through Tricare called ECHO Strategies: Retirement/separation solutions: Allow active duty Service members to use their state of legal residence to sign up an exceptional family member, remain on the list until eligible and then receive benefits upon returning to the state Make military retirement/separation a criteria for critical care in states that have more than one list Active duty solutions: Allow active duty Service members to use their state of legal residence to receive benefits in other states (paid by state of legal residence) Bank a group of waivers for active duty family members to use while in the state (drop coverage when moving to the next state) States that have enacted legislation or have existing policy: AK, FL, IL, SC and WA

11 Child Advocacy Issue: Current MOUs between installations and local agencies may not be sufficiently supported by statutory authority and inadvertently may not recognize military families in the process Impacts agency oversight, foster care follow-up, providing military children military benefits Strategy: Develop statutory and regulatory support for: Recognizing military families at in-take Sharing the case files with the designated military authorities early in the intervention States currently considering the issue: SC and WA

12 Goal is to partner with states to help our members and their families!

13 Improve Absentee Voting for Military Members and their Families Issue: Service members need assurance votes can be successfully cast and counted Strategy: States enact flexible processes for absentee voters recommended by the Federal Voting Assistance Program ( 45 day ballot 47 Electronic transmission of materials 28 Accept FWAB in all elections 39 Eliminate notary 47 FPCA treated as automatic request 30 Single state elections POC 4 Enfranchise overseas U.S. citizens 28 Adopt UMOVA 13 Sponsors Bills States Governor Signed States to Date Legend: Enacted legislation Not yet enacted legislation

14 Facilitate Military Spouse Transition Licensure Portability Issue: Frequent moves & difficult licensing procedures = stunted careers Strategy: Focused on majority of occupations favored by military spouses Reduce employment delay through: Licensing by endorsement - alternatives to current experience for competency Providing temporary licenses with minimal documentation Allow for streamlined approvals License by endorsement 33 Temporary license 44 Expedited process 35 Sponsors Bills States Governor Signed States to Date Legend: Enacted legislation Not yet enacted legislation

15 Facilitate Military Spouse Transition Unemployment Compensation Eligibility Issue: Spouses who leave a job due to military reassignment do not qualify for unemployment compensation in many states Strategy: States recognize that a move mandated by military orders is not voluntary and the trailing spouse should qualify for unemployment compensation Sponsors Bills States Governor Signed States to Date Legend: Enacted legislation Not yet enacted legislation

16 Minimize School Disruption for Military Children during Transition and Deployment Issue: Frequent moves + schools with non-standard policies = Education delays Strategy: States participate in an interstate compact providing uniform policy to resolve challenges military children face moving between school systems Sponsors Bills States Governor Signed States to Date Legend: Enacted legislation Not yet enacted legislation

17 Employment Protection Issue: National Guard members do not have employment protection during a state call-up if working in another state Strategy: Amend state statute to: Have enforceable laws to protect members of the National Guard during state call-up Have laws apply to members of the National Guard who reside and are employed in another state

18 Education Licensing Exemption Issue: Military members engaged in off-duty education may be re-assigned to states where their school may not have a license to provide educational services. Strategy: Support the National Council for State Authorization Reciprocity Agreements (NC-SARA) initiative, which includes a provision in their agreements to accommodate the transient nature of military service. Legend: Legislation not required Enacted legislation Not yet enacted legislation

19 Remove Credentialing Impediments for Separating Service Members Issue: Separating Service members lose time qualifying for licenses and academic credit Strategy: Reduce licensing delay through: Taking account for military training/experience towards licenses Allowing Service members maintain active licenses Facilitating endorsement for separating Service members with licenses Institutions allow for academic credit for military training/ experience Use American Council on Education recommendations Licensing credit for military education 42 Extension of license while on active duty 36 Endorsement of existing license 20 Academic credit for military education 33 Sponsors Bills States Governor Signed States to Date Legend: Enacted legislation Not yet enacted legislation

20 Increase Quality, Affordable Childcare Issue: Installation-based resources cannot keep up with demand Strategy: Work with state governments to align state childcare rating systems with DoD Childcare Effectiveness Rating and Improvement System (ERIS) Request enabling legislation: state evaluation processes and background investigations Annual inspections 28 Background checks 30 Sponsors Bills States Governor Signed States to Date Legend: Enacted legislation Not yet enacted legislation

21 Veterans Treatment Courts Issue: 1 in 5 veterans suffers from substance abuse and behavioral health problems, which can result in homelessness, family disintegration, suicide and criminal behavior. Strategy: States provide opportunities for Veterans and Service members by passing enabling legislation focused on proven principles from successful VTCs Focus on treatment Selection is open to the extent possible State court systems make VTCs as accessible as possible to veterans Focus on treatment 39 Open selection 32 Maximize accessibility 21 Sponsors Bills States Governor Signed States to Date Legend: Enacted legislation Not yet enacted legislation

22 Child Custody/Visitation Impact on Service Members Issue: Extended separations due to military service necessarily alter short-term custody/visitation arrangements which can have long-term impacts Strategy: State legislatures appropriately balance the interests of SMs who are absent due to military service with the best interests of the child Military absence not sole basis 45 No permanent order for military absence 38 Reinstate custody order upon return 37 Delegate visitation rights 36 Expedite hearing 38 Electronic testimony 34 Sponsors Bills States Governor Signed States to Date Legend: Enacted legislation Not yet enacted legislation

23 Predatory Lending Issue: Some lending practices create cycle of debt for unsuspecting Service members and families Strategy: DoD Regulation (32 CFR Part 232) places 36% APR limit on payday, vehicle title and refund anticipation loans. States enforce federal law and oversee consumer protection of Service members and families States sign MoU to have access to the information available in FTC s Military Sentinel Enforcing the regulation 37 Information sharing through FTC 31 Sponsors Bills States Governor Signed States to Date NDAA Directed Changes and Report to Congress on Military Lending Act Legend: Enacted legislation Not yet enacted legislation

24 Caregivers Support Issue: Caregivers for wounded warriors require financial, physical, mental, social and spiritual support to be successful. Strategy: Help caregivers optimize their support from federal, state, local and nonprofit sources of support Status: Current evaluation by DoD taskforce shows that primary problems are associated with inter-operability and communication between DoD and VA

25 Separating Service Member In-state Tuition Rates Issue: Service members pay out-of-state tuition during first year As of August 1, 2011, Veterans Affairs pays all in-state public school tuition and eligible fees. Costs to attend a university as an out-of-state student can be three times that of a resident. Strategy: Waive residency requirements if enrolled in school. Sponsors Bills States Governor Signed States to Date Legend: Enacted legislation Not yet enacted legislation

26 Disposition of Human Remains Issue: Many states require disposition be determined through state-specific documentation or by the next of kin Background: Section 564 of Public Law , effective January 2006, requires active duty SMs to designate a person authorized to direct disposition of their remains (PADD).occurs on DD93 (Record of Emergency Data) Strategy: Have state statute recognize the PADD selected by the SM in accordance with Federal law Sponsors Bills States Governor Signed States to Date Legend: Enacted legislation Not yet enacted legislation

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