August Krieser

joined the Paralyzed Veterans of America in 1980 and was elected to the WPVA board in 1990. Augie is the Government Relations Officer [GRO] and he is the Chair of the Advocacy/Legislation Committee. He received the Chapter President’s Award in 1992.

Employed by the City of Manitowoc, Wisconsin as a Firefighter for many years, Augie was also certified as an Emergency Medical Technician [EMT] and as an EMT Instructor. Due to a motorcycle accident in 1980 that resulted in quadriplegia, Augie received a medical retirement. He is a member of the Retired Professional Firefighter’s Association [RPFA] Veterans of Foreign Wars [VFW], Disabled American Veterans [DAV], American Veterans of WWII, Korea, and Vietnam [AMVETS], and the Vietnam Veterans of America [VVA].

From 1964-67, Augie was a member of the United States Army and trained in the field of aviation. While stationed in Vietnam Augie was a Crew Chief on an OV1-Mohawk and later a CV-2 Caribou. While in Vietnam, his duties included gathering military intelligence for the Marines on the DMZ and Ho Chi Minh Trail in I Corps by night aerial surveillance. He was assigned to the 20th ASTA Detachment at a small landing field at Hue-Phu Bai. He finished his stint in the military at Fort Benning, Georgia as a Maintenance Chief.

Augie Krieser graduated from Lincoln High School in Manitowoc with the Class of ’64. As a student at the University of Wisconsin-Manitowoc Campus and at Silver Lake College, Augie earned a BA Degree in Psychology and Family Studies, an MA Degree in Political Science, and a BSW Degree in Social work. He is currently working on his MSW Degree in Social Work.

Augie enjoys wheelchair racing, fishing, and target practice. He is a tireless advocate for accessibility, and he derives great pleasure in educating his hometown on ADA requirements. Augie resides in Manitowoc, Wisconsin and is employed full time by a disability rights and advocacy organization known as Holiday House.
NOVEMBER 2009 LEGISLATIVE REPORT
When Congress returned from its summer recess, a number of veterans’ issues remained uncompleted.

Congress is supposed to adjourn for this 1st session of the 111th Congress in October; it appears they will have to remain in session to complete the many remaining issues on the congressional docket.

Of greatest concern to all veterans, the most salient issue yet to be completed is VA funding for FY 2010 and beyond. In June, the House Committee on Appropriations approved H.R.3082 (Military Construction and Veterans’ Affairs Appropriations Act of 2010). This appropriations bill provides funding levels, which are essentially the same levels provided by the Administration earlier this year. In essence, the bill provides $55.9 billion in budget authority for the VA. More importantly, the bill includes $48.2 billion in advance appropriations for medical care accounts (i.e. medical services, medical support and compliance, and medical facilities) for FY 2011. This marks a major accomplishment for the VA and the veteran community for the Appropriations Committee supported, with its actions, the number one priority for all VSOs this year.
The Senate Appropriations Subcommittee on Military Construction and Veterans Affairs approved its version of FY 2010 VA appropriations bill in July. The Senate bill (S.1407) virtually mirrors the House version with few minor exceptions. The Senate bill also includes $48.2 billion in advance appropriations for FY 2011medical care accounts. Unfortunately, this bill is still “in limbo” in the Senate, and has remained so since July.

Prior to the August recess, the Senate approved by unanimous consent, H.R. 1016 (Veterans’ Healthcare Budget Reform and Transparency Act). The bill was amended to reflect the language included in the Senate advance appropriations bill (S.423). Now the bills go to conference committee to reconcile any differences between the two versions of the bills from each side of Congress. This has not been done yet at this writing .Despite the positive direction that advance appropriations have taken through the regular appropriations process, the status of the advance appropriations bills remains unclear at this time. It is advised to periodically check on the status of all aforementioned bills on the Thomas legislative website because the status of these bills may change quickly and on a day-to-day basis.

There are a number of other key veteran bills that have not been completed. The House has passed several salient veterans’ bills this session; however, the Senate has taken up almost no veterans’ bills this session. In July, The House approved H.R.1293 (Disabled Veterans Home Improvement and Structural Alteration Grant Increase Act). This bill would provide a significant increase in the amount payable under the HISA grant program. This legislation was not even considered in the Senate. Also, in July, the House approved H.R. 3219, an omnibus bill that includes a number of provisions. Most importantly, the bill included H.R. 1335; a bill that would eliminate co-payments for Priority Group 4 catastrophically disabled veterans. Earlier this year, the Senate VA Committee approved a bill that contains similar language; however the Senate has not yet acted on this legislation as a full body. This companion bill to H.R. 1335 is S. 821.

A number of other pieces of legislation continue to be unresolved or dealt with at this writing. S.252 is an important omnibus bill that encompasses expansion of services for women veterans, expand mental health services, and improve recruitment and retention of healthcare professionals in various fields. It appears that a certain member of the Senate has a hold on this bill, thus leaving its fate uncertain.

The best way to follow progress on these and other veterans’ bills in Congress is to check the Thomas legislative website as often as possible for any further updates. Remember, the outcome of this legislation affects you, as a veteran, and any legislation acted upon (or overlooked) can and will affect your earned benefits and healthcare.

On October 16th, a hearing was held in Madison concerning alleged mishandling of WDVA funds. No comments have been made at this time. Watch and listen to the news media for updates.

NOVEMBER 2009 ADVOCACY REPORT

In mid-August, the PVA Advocacy staff met with the White House domestic policy officials in order to discuss methods to raise attention to the accessible housing needs of persons with disabilities. Kareem Dale, Special Assistant to the President for Disability Policy and Jeff Crowley, Director of Office of National AIDS Policy, met with PVA staff, representatives from AARP, the National Council on Independent Living (NCIL), and Concrete Change. Issues discussed were the limited applicability of existing housing guidelines and that publicly assisted single family and two and three family housing can continue to be constructed with architectural barriers. A number of measures to advance housing accessibility were presented by the groups. Among these was promotion of a basic level of access in all federally assisted single family housing (visitability). Recommendations also were made to clarify and publicize rules governing alterations in order that existing accessibility requirements are applied consistently and to inventory all relevant federal programs in order to identify any possible actions that could increase visitability and/or accessibility in housing constructed with or financed with federal funds. The housing issue was counteracted by Administration officials that most of the Administration’s time and attention is currently engrossed in the health system reform issue. Also, key posts in housing and other critical agency positions have yet to be filled. It was explained this slows the ability to pursue changes in policy and administrative direction as quickly as desired. At the request of the administrative officials, the groups agreed to reconvene and develop additional information about policies and programs that could be utilized to increase the number of federally assisted housing with basic access. The next meeting has not yet been set.

The Department of Transportation’s Aviation Consumer Protection Division has re-written “New Horizons - Information for the Air Traveler with a Disability”. The new issue reflects the changes made in the Air Carrier Access Act regulations that went into effect on May 13, 2009. The DOT has made the booklet available online at http://airconsumer.ost.dot.gov/publcations/Horizons2009Final.pdf PVA has printed the booklet in regular format and large print format. 50 copies have been sent to each Chapter, but more are available from National PVA. Contact your Chapter if you would like one.

In most recent cases, several courts have upheld there is no individual right to sue under the Air Carrier Access Act (ACCA). While it is known that problems for air travelers with disabilities still exist, the disabled air traveler is left without a significant means of enforcement. PVA encourages members and others to file informal complaints when any violation occurs. This practice may leave the consumer uncertain of the resolution of the problem or whether the complaint really changed discriminatory practices. An alternative means is to file “formal” complaints with the Department of Transportation (DOT). A formal complaint is covered by the Administrative Procedures Act and is basically a lawsuit filed with the agency and heard by an independent administrative law judge. DOT has specific rules as how and when to file, what evidence may be admitted and what witnesses may be called. PVA’s Advocacy staff is developing a procedure to file formal ACAA complaints on behalf of PVA members. PVA will be looking for complaints that will have a broad impact which would merit a formal complaint approach. All complaints must be filed within six months of the violation. Senior Advocacy Attorney Bob Herman will be leading this effort.

If you or someone you know has endured discrimination that violate the ACAA, contact Bob Herman at (202) 416-7699 or via e-mail at bobhn@pva.org

On the state level, the Independent Living Council-Wisconsin will be conducting its final quarterly meeting in Menominee, WI on November 10-12. The primary issues will be the disbursement of ARRA funds to the state Independent Living Centers, the outcome of the Community Choice Act (CCA), and the federal health insurance program.

Locally, the architect’s recommendations for accessibility to a historical structure under Title II of the ADA have been received by the mayor. Thus far, no city action has been taken. It is unknown if the mayor will act upon this matter personally or refer it back to the committee level.