ALASKA STATE LEGISLATURE                                                                                  
   HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS                                                                  
                         April 22, 2021                                                                                         
                           1:25 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Chris Tuck, Chair                                                                                                
Representative Andi Story                                                                                                       
Representative Geran Tarr                                                                                                       
Representative Matt Claman                                                                                                      
Representative George Rauscher                                                                                                  
Representative Laddie Shaw                                                                                                      
Representative David Nelson                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 40                                                                                                              
"An Act relating to veterans' benefits services and veterans'                                                                   
benefits appeal services."                                                                                                      
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 16                                                                                                   
Encouraging the United States Congress to pass legislation                                                                      
granting the Hmong veterans of the Vietnam War access to the                                                                    
same veteran benefits received by United States veterans.                                                                       
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  40                                                                                                                  
SHORT TITLE: VETERANS' BENEFITS SERVICES; DISCLOSURE                                                                            
SPONSOR(s): SENATOR(s) REVAK                                                                                                    
                                                                                                                                
01/25/21       (S)       PREFILE RELEASED 1/15/21                                                                               
01/25/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/25/21       (S)       STA, L&C                                                                                               
03/04/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/04/21       (S)       Heard & Held                                                                                           
03/04/21       (S)       MINUTE(STA)                                                                                            
03/11/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/11/21       (S)       Heard & Held                                                                                           
03/11/21       (S)       MINUTE(STA)                                                                                            
03/18/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/18/21       (S)       Moved SB 40 Out of Committee                                                                           
03/18/21       (S)       MINUTE(STA)                                                                                            
03/19/21       (S)       STA RPT 4DP                                                                                            
03/19/21       (S)       DP: SHOWER, HOLLAND, COSTELLO, REINBOLD                                                                
03/19/21       (S)       OBJECTION  (REGARDING REPORTING OUT OF                                                                 
                         COMMITTEE PROCESS)                                                                                     
03/19/21       (S)       POSTPONE QUESTION TO MARCH 24  Y14 N2                                                                  
                         E3 A1                                                                                                  
03/22/21       (S)       OBJECTION      WITHDRAWN      (REGARDING                                                               
                         REPORTING OUT OF COMMITTEE PROCESS)                                                                    
03/29/21       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/29/21       (S)       Moved SB 40 Out of Committee                                                                           
03/29/21       (S)       MINUTE(L&C)                                                                                            
03/31/21       (S)       L&C RPT  5DP                                                                                           
03/31/21       (S)       DP:   COSTELLO,   REVAK,   GRAY-JACKSON,                                                               
                        HOLLAND, STEVENS                                                                                        
04/09/21       (S)       TRANSMITTED TO (H)                                                                                     
04/09/21       (S)       VERSION: SB  40                                                                                        
04/12/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/12/21       (H)       MLV, L&C                                                                                               
04/22/21       (H)       MLV AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HJR 16                                                                                                                  
SHORT TITLE: HMONG VETERANS MILITARY RIGHTS                                                                                     
SPONSOR(s): REPRESENTATIVE(s) NELSON                                                                                            
                                                                                                                                
04/09/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/09/21       (H)       MLV                                                                                                    
04/22/21       (H)       MLV AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SETH DUGGAN, Staff                                                                                                              
Senator Josh Revak                                                                                                              
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced SB 40 on behalf of Senator Josh                                                               
Revak, prime sponsor.                                                                                                           
                                                                                                                                
SENATOR JOSH REVAK                                                                                                              
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As prime sponsor, presented SB 40.                                                                       
                                                                                                                                
VERDIE BOWEN, Director of Veterans Affairs                                                                                      
Office of Veterans Affairs                                                                                                      
Department of Military and Veterans Affairs                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided  information and answered questions                                                             
during the hearings on SB 40 and HJR 16.                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:25:40 PM                                                                                                                    
                                                                                                                                
CHAIR CHRIS TUCK  called the House Special  Committee on Military                                                             
and   Veterans'   Affairs  meeting   to   order   at  1:25   p.m.                                                               
Representatives  Story, Rauscher,  Tarr,  Claman,  and Tuck  were                                                               
present at  the call to  order.  Representatives Shaw  and Nelson                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
         SB 40-VETERANS' BENEFITS SERVICES; DISCLOSURE                                                                      
                                                                                                                                
1:26:44 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK  announced that the  first order of business  would be                                                               
SENATE  BILL  NO. 40,  "An  Act  relating to  veterans'  benefits                                                               
services and veterans' benefits appeal services."                                                                               
                                                                                                                                
1:27:30 PM                                                                                                                    
                                                                                                                                
SETH   DUGGAN,   Staff,   Senator  Josh   Revak,   Alaska   State                                                               
Legislature,  on  behalf of  prime  sponsor  Senator Josh  Revak,                                                               
introduced SB  40.  He  said that SB  40 would require  those who                                                               
provide veteran benefit services  or benefit appeal services, for                                                               
compensation,  to notify  veterans  before taking  them  on as  a                                                               
client  that  those services  are  provided  for free  through  a                                                               
veteran  service organization.   He  said that  the veteran  must                                                               
sign  and date  a  disclosure affirming  that  he/she knows  free                                                               
services  are  available, with  a  civil  penalty of  $1,000  per                                                               
instance  levied   against  providers   who  don't   provide  the                                                               
information.  He described SB  40 as aiming to increase awareness                                                               
of available services for veterans, dependents, and survivors.                                                                  
                                                                                                                                
1:29:03 PM                                                                                                                    
                                                                                                                                
SENATOR JOSH  REVAK, Alaska State Legislature,  as prime sponsor,                                                               
explained that  when servicemembers return to  civilian life, the                                                               
military  must  aid in  areas  such  as legal  representation  or                                                               
medical supplies.   Veteran service organizations  (VSOs) such as                                                               
the  Veterans of  Foreign  Wars (VFW)  and  American Legion  have                                                               
officers trained  to provide services  which veterans  may access                                                               
for free instead of paying fees to other providers.                                                                             
                                                                                                                                
1:30:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STORY said  that she appreciates that  SB 40 would                                                               
make it clear  that the services are available  instead of having                                                               
the information  in the  fine print.   She  noted the  absence of                                                               
commissioned  officers corps  such  as the  National Oceanic  and                                                               
Atmospheric Administration  (NOAA) and the Commissioned  Corps of                                                               
the U.S.  Public Health Service  in the text  of SB 40  and asked                                                               
whether those officers could be listed.                                                                                         
                                                                                                                                
SENATOR  REVAK answered  that  it would  be  appropriate to  list                                                               
anyone eligible for free VSO services.                                                                                          
                                                                                                                                
1:31:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NELSON asked about outreach to veterans.                                                                         
                                                                                                                                
SENATOR REVAK answered that the  veteran would be notified of the                                                               
available  free  services  by the  person  or  organization  they                                                               
approached for assistance.                                                                                                      
                                                                                                                                
REPRESENTATIVE NELSON asked what  the process for reporting would                                                               
be,  should the  veteran not  be  notified of  the free  services                                                               
available.                                                                                                                      
                                                                                                                                
SENATOR REVAK  replied that the  Director of Veterans  Affairs is                                                               
available for questions.                                                                                                        
                                                                                                                                
1:32:47 PM                                                                                                                    
                                                                                                                                
VERDIE BOWEN,  Director of Veterans  Affairs, Office  of Veterans                                                               
Affairs, Department  of Military and Veterans  Affairs, explained                                                               
that there  would be  a media campaign  and notifications  to the                                                               
VSOs.  He  also noted a database of 36,000  veterans who would be                                                               
contacted directly with information.                                                                                            
                                                                                                                                
REPRESENTATIVE NELSON expressed support for SB 40.                                                                              
                                                                                                                                
1:33:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STORY  asked whether regular outreach  to veterans                                                               
could be made policy at the VSOs.                                                                                               
                                                                                                                                
SENATOR REVAK  noted that VSOs  have strong outreach  efforts and                                                               
deferred to Mr. Bowen for more information.                                                                                     
                                                                                                                                
MR. BOWEN  explained that  the Office of  Veterans Affairs  has a                                                               
monthly meeting with  the VSOs and would ensure  that the message                                                               
is repeated often.                                                                                                              
                                                                                                                                
1:35:35 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK announced that SB 40 was held over.                                                                                  
                                                                                                                                
             HJR 16-HMONG VETERANS MILITARY RIGHTS                                                                          
                                                                                                                                
1:36:20 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK  announced that the  final order of business  would be                                                               
HOUSE  JOINT RESOLUTION  NO. 16,  "Encouraging the  United States                                                               
Congress to pass  legislation granting the Hmong  veterans of the                                                               
Vietnam  War access  to  the same  veteran  benefits received  by                                                               
United States veterans."                                                                                                        
                                                                                                                                
1:36:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NELSON, as  prime sponsor,  presented HJR  16 and                                                               
read  a  sponsor  statement,  which  read  as  follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     HJR  16  encourages  the   United  States  Congress  to                                                                    
     fulfill the promises made to  the Hmong soldiers during                                                                    
     the  Vietnam War  and  grant them  access  to the  same                                                                    
     veterans'  benefits  received   by  the  United  States                                                                    
     veterans.                                                                                                                  
                                                                                                                                
     In  the   1960's  over  100,000  Hmong   soldiers  were                                                                    
     recruited  by the  United  States Central  Intelligence                                                                    
     Agency to help the United  States soldiers in the fight                                                                    
     against  communism.   The  Hmong  warriors   fought  to                                                                    
     intercept and  prevent the flow of  troops and supplies                                                                    
     along the  Ho Chi Minh Trail,  and approximately 40,000                                                                    
     were  killed as  they  supported  and protected  United                                                                    
     States Armed Forces during combat missions.                                                                                
                                                                                                                                
     The  Hmong warriors  were heavily  outnumbered, however                                                                    
     continued to fight,  gather critical intelligence about                                                                    
     enemy  operations, and  continued  to undertake  rescue                                                                    
     missions  to save  the lives  of  downed United  States                                                                    
     pilots.                                                                                                                    
                                                                                                                                
     The  Hmong soldiers  suffered acts  of retribution  and                                                                    
     atrocities  at the  hand of  the Pathet  Lao and  North                                                                    
     Vietnamese  causing many  to  flee  to Thailand.  These                                                                    
     soldiers  became  refugees  because the  United  States                                                                    
     government encouraged  them to  fight on behalf  of the                                                                    
     United States.                                                                                                             
                                                                                                                                
     The Hmong people fought bravely  in what was called the                                                                    
     "Secret  War",  and  for their  loyalty  were  promised                                                                    
     access to the same  veterans benefits as those received                                                                    
     by the  United States  veterans. The Hmong  people have                                                                    
     put  their  faith  and  trust   in  the  United  States                                                                    
     government,  and we  are requesting  that the  promises                                                                    
     made to those who risked  everything for our country be                                                                    
     honored. We must recognize how  much the Hmong veterans                                                                    
     gave and lost for our country and support HJR 16.                                                                          
                                                                                                                                
REPRESENTATIVE NELSON  noted Representative Tarr's  assistance in                                                               
crafting HJR 16.                                                                                                                
                                                                                                                                
1:39:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY  asked  why  the  U.S.  Congress  has  been                                                               
historically  resistant   to  honoring  the  promise   to  extend                                                               
benefits to Hmong soldiers.                                                                                                     
                                                                                                                                
REPRESENTATIVE  NELSON noted  the  H.R. 371  (P.L. 106-207),  the                                                               
Hmong Veterans' Naturalization  Act of 2000, and  deferred to Mr.                                                               
Bowen for further elaboration.                                                                                                  
                                                                                                                                
1:40:11 PM                                                                                                                    
                                                                                                                                
VERDIE BOWEN,  Director of Veterans  Affairs, Office  of Veterans                                                               
Affairs, Department  of Military and Veterans  Affairs, said that                                                               
the only benefit  for Hmong soldiers extended thus  far is burial                                                               
rights.                                                                                                                         
                                                                                                                                
1:40:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SHAW  described  the  Alaska  Territorial  Guard,                                                               
recruited in  the 1940s  but only  granted veterans'  benefits in                                                               
2003.  He  said the Hmong community was his  "lifeline" as a Navy                                                               
SEAL doing  tactical guerilla warfare.   He said while  the Hmong                                                               
community lost approximately 40,000  soldiers in the Vietnam War,                                                               
nearly 100,000  additional Hmong suffered afterward  at the hands                                                               
of  the  government.   He  said  that  Hmong veterans  should  be                                                               
honored with  veterans' benefits and he  would appreciate support                                                               
for HJR 16.                                                                                                                     
                                                                                                                                
1:42:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY  asked whether  the  resistance  is due  to                                                               
funding.                                                                                                                        
                                                                                                                                
REPRESENTATIVE NELSON  said that he  would not assign  motives to                                                               
members  of  the federal  delegation  or  the U.S.  Congress  and                                                               
deferred to Mr. Bowen.                                                                                                          
                                                                                                                                
MR. BOWEN explained  that the funds would not  be significant due                                                               
to  the low  number of  Hmong  veterans remaining  in the  United                                                               
States.   He  said  that  there are  approximately  60 living  in                                                               
Alaska and stated his belief that  there are fewer than 500 Hmong                                                               
veterans remaining.                                                                                                             
                                                                                                                                
1:44:25 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK asked what the  biggest hindrance in recognizing Hmong                                                               
veterans is.                                                                                                                    
                                                                                                                                
MR. BOWEN  replied, "I  honestly don't  know.   It took  us three                                                               
tries to  get the  burials completed,  and [U.S.]  Senator [Lisa]                                                               
Murkowski and  [U.S.] Senator [Dan]  Sullivan worked  pretty hard                                                               
to push  those through.  I  don't know what would  stop them from                                                               
doing fulfillment of the complete honor that is due them."                                                                      
                                                                                                                                
1:45:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SHAW noted that attempts  to pass benefits for the                                                               
Alaska Territorial Guard,  as U.S. citizens, took two  years.  He                                                               
explained that  the cost  was minimal  due to  the low  number of                                                               
veterans applying  for benefits, as  well as their  advanced age.                                                               
He said that due to the low  number of Hmong in Alaska, the costs                                                               
of their veterans' benefits would be similarly low.                                                                             
                                                                                                                                
1:46:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   RAUSCHER   asked   whether  there   exists   any                                                               
documentation regarding the promise to the Hmong soldiers.                                                                      
                                                                                                                                
MR. BOWEN  explained that  use of  the Hmong  soldiers was  a CIA                                                               
operation and  said, "In  the black world,  if it's  not written,                                                               
it's not  said."  He  noted testimony from  the 1970s in  which a                                                               
CIA operative  said that  benefits were  promised, but  said that                                                               
most of the witnesses have since died.                                                                                          
                                                                                                                                
1:48:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SHAW said  that the  nature of  covert operations                                                               
and   guerilla   warfare    along   the   Cambodian-Laos   border                                                               
necessitated the  destruction of  operational orders.   He added,                                                               
"With the  Hmong community, I can  tell you for a  fact, you will                                                               
find  very little  written  history relative  to  what they  were                                                               
involved with, and what they  did, relative to the CIA operations                                                               
being as covert as they were."                                                                                                  
                                                                                                                                
REPRESENTATIVE NELSON noted that he  had learned, through his own                                                               
research and discussions with the  remaining Hmong veterans, that                                                               
there is no written documentation.                                                                                              
                                                                                                                                
1:50:00 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK commented  that even  if there  wasn't documentation,                                                               
the agreement should  be honored.  He then announced  that HJR 16                                                               
would be held over.                                                                                                             
                                                                                                                                
                                                                                                                                
1:51:03 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special Committee  on Military and Veterans'  Affairs meeting was                                                               
adjourned at 1:51 p.m.