[Senate Hearing 112-730]
[From the U.S. Government Publishing Office]
S. Hrg. 112-730
NOMINATIONS OF THE 112TH CONGRESS,
SECOND SESSION, PART 2
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HEARING
BEFORE THE
COMMITTEE ON VETERANS' AFFAIRS
UNITED STATES SENATE
ONE HUNDRED TWELFTH CONGRESS
SECOND SESSION
__________
DECEMBER 12, 2012
__________
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COMMITTEE ON VETERANS' AFFAIRS
Patty Murray, Washington, Chairman
John D. Rockefeller IV, West Richard Burr, North Carolina,
Virginia Ranking Member
Daniel K. Akaka, Hawaii Johnny Isakson, Georgia
Bernard Sanders, (I) Vermont Roger F. Wicker, Mississippi
Sherrod Brown, Ohio Mike Johanns, Nebraska
Jim Webb, Virginia Scott P. Brown, Massachusetts
Jon Tester, Montana Jerry Moran, Kansas
Mark Begich, Alaska John Boozman, Arkansas
Kim Lipsky, Staff Director
Lupe Wissel, Republican Staff Director
C O N T E N T S
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December 12, 2012
SENATORS
Page
Murray, Hon. Patty, Chairman, U.S. Senator from Washington....... 1
Burr, Hon. Richard, Ranking Member, U.S. Senator from North
Carolina....................................................... 3
Sanders, Hon. Bernard, U.S. Senator from Vermont................. 4
Boozman, Hon. John, U.S. Senator from Arkansas................... 5
Tester, Hon. Jon, U.S. Senator from Montana...................... 7
Isakson, Hon. Johnny, U.S. Senator from Georgia.................. 67
Begich, Hon. Mark, U.S. Senator from Alaska...................... 69
WITNESSES
Menendez, Hon. Robert, U.S. Senator from New Jersey.............. 5
Greenberg, William S., Nominee to be Judge, U.S. Court of Appeals
for Veterans Claims............................................ 8
Prepared statement........................................... 9
Response to prehearing questions submitted by Hon. Richard
Burr....................................................... 10
Questionnaire for Presidential nominees...................... 21
Supplemental questionnaire................................... 30
Letter from the Judicial Conference of the United States..... 42
Kelly, Keith C., Nominee to be Assistant Secretary of the
Veterans' Employment and Training Service, U.S. Department of
Labor.......................................................... 42
Prepared statement........................................... 44
Response to prehearing questions submitted by:
Hon. Patty Murray.......................................... 46
Hon. Richard Burr.......................................... 48
Questionnaire for Presidential nominees...................... 52
Letter from the Office of Government Ethics.................. 58
Letter to the Office of General Counsel, U.S. Department of
Veterans Affairs........................................... 59
APPENDIX
McGlew, Charles, Founder, Workforce Data Services LLC; letter.... 75
HEARING ON PENDING NOMINATIONS
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WEDNESDAY, DECEMBER 12, 2012
U.S. Senate,
Committee on Veterans' Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 10:03 a.m., in
room 418, Russell Senate Office Building, Hon. Patty Murray,
Chairman of the Committee, presiding.
Present: Senators Murray, Sanders, Tester, Begich, Burr,
Isakson, and Boozman.
STATEMENT OF HON. PATTY MURRAY, CHAIRMAN,
U.S. SENATOR FROM WASHINGTON
Chairman Murray. Good morning. I welcome all of you to
today's hearing to consider the nominations of William
Greenberg, to be judge of the U.S. Court of Appeals for
Veterans Claims, and Keith Kelly, to be Assistant Secretary of
the Veterans' Employment and Training Service at the Department
of Labor. I am very pleased this morning to welcome our
nominees and their families and I congratulate each one of you
on your nomination.
The nominees sitting before us have strong credentials and
a history of service. Because we will learn more about their
qualifications during their introductions, I will not spend
time repeating what you will hear shortly, but I would,
however, like to briefly discuss the positions for which these
two gentlemen have been nominated and the challenges they are
going to face.
Veterans and Members of this Committee know all too well
the problems confronting the disability claims system, and we
know that it still takes VA too long to address these
decisions. We know that VA's error rate remains too high. We
know that the number and complexity of claims being filed
continues to grow. And we also know that the Court of Appeals
for Veterans Claims occupies a unique position as the only
national court that reviews veterans' benefit decisions. As a
result, the problems that have for far too long plagued the
disability claims system become the problems of the court.
Mr. Greenberg, if confirmed, you will be confronted with
these problems. There is no shortage of potential cases that
may reach the court in the very near future and you will be
asked to carry a substantial workload. You also must know that,
for many veterans, the court is seen as their last hope after
fighting for months, years, and in some cases decades, to
obtain the benefits that they have earned. They look to the
court for a fair and equitable resolution of their claim. That
is why any nomination to the Court of Appeals for Veterans
Claims is of such great importance and why any vacancy must be
filled with a qualified, competent, and motivated individual.
So let me turn to the importance of the role of Assistant
Secretary for the Veterans' Employment and Training Service.
With the high rate of unemployment among our young veterans and
the continued draw-down of troops in Afghanistan, ensuring
servicemembers have the tools and resources needed to succeed
in the civilian workforce has never been more important. The
Department of Labor plays a critical role in this process. It
provides servicemembers with employment and training
information through TAP, monitors and develops local employment
and training opportunities for veterans in its Jobs for
Veterans State Grants Programs, and investigates allegations of
wrongdoing under USERRA.
Mr. Kelly, if confirmed, you will be responsible for
overseeing these programs and addressing the current employment
and training needs of our veterans. Our veterans have the
leadership ability, discipline, and technical skills to not
only find work, but to excel in the civilian workplace. But
despite all that, we still have a double-digit unemployment
rate for our veterans. These veterans cannot find a job to
support their families, do not have an income they need for
stability, and they do not have work that provides them with
the self-esteem and pride that is so critical to their
transition home.
To help address this issue, I introduced and the President
signed into law the bipartisan, bicameral, and comprehensive
VOW to Hire Heroes Act of 2011. Among other things, this law
calls on DOL to partner with Federal, State, and industry
officials to eliminate the barriers preventing veterans from
using their military training to acquire the licenses and
credentials needed for civilian employment. I have heard from
countless veterans in my homestate of Washington and throughout
the country who have been turned away by employers for not
having the proper civilian licenses and certifications, and
that should not be the case. The Department of Transportation
is now setting an example by working with stakeholders to
overcome the barriers that prevent veterans from successfully
transitioning from military service to careers in the
transportation industry.
Mr. Kelly, if confirmed, I want to see VETS take on a more
active role in addressing licensure and certification issues.
I also want to take a minute to talk about public-private
partnerships. I have been urging companies, large and small, to
provide employment opportunities for America's veterans. I have
asked them to educate their human resources teams about the
benefits of hiring our veterans and how skills learned in the
military actually translate into work a company does. I have
asked them to provide job training and resources for
transitioning servicemembers, to publicize job openings with
Veterans Service Organizations, at local military bases to help
connect veterans with actual jobs, and to work with local one-
stop career centers to develop an internal veterans' group to
mentor recently discharged veterans, and to reach out to local
schools to help develop a pipeline of the many veterans that
are using our G.I. Bill.
I am concerned that VETS has not taken an active enough
role in developing these very critical private-public
partnerships, and if confirmed, I would like to see you change
that.
So I look forward to hearing your testimony this morning
and I look forward to learning more about your qualifications
for the positions for which you have been nominated, and with
that, I would like to turn it over to Ranking Member Burr for
his opening statement.
STATEMENT OF HON. RICHARD BURR,
U.S. SENATOR FROM NORTH CAROLINA
Senator Burr. Good morning, Madam Chairman, and welcome to
you and to my colleagues.
I want to also welcome our nominees, Mr. Kelly and Mr.
Greenberg, thank you both for your willingness to serve this
country. Today, the Committee will discuss your qualifications
to fill positions that can significantly impact the lives of
our Nation's veterans, their families, and their survivors.
To start with, the Assistant Secretary for Veterans'
Employment and Training will lead an organization that
administers employment and training programs for veterans,
provides transition assistance to separating servicemembers,
and helps enforce laws that protect employment rights of
military personnel. Mr. Kelly, I appreciate your willingness to
take the challenge and to serve in this role and I enjoyed the
time that we spent together yesterday.
As you know, some of our Nation's veterans are facing an
unemployment crisis. Even though there have been improvements,
the unemployment rate for Gulf War II-era veterans still stands
at 10 percent, and the unemployment among our youngest veterans
is even worse. That is the case even though many of these
servicemembers leave the military with skills and training that
should be easily transferable to civilian employment. But each
State has different requirements that veterans may have to meet
to obtain the licenses and credentials that they need for a
civilian career. You and I talked about this yesterday.
Because that can hinder their efforts to get a job, I
introduced S. 3353, which would require each State to offer a
test to veterans who have ten or more years of experience in an
occupational field while in the military. If they pass the
test, they would immediately be granted the needed license or
credentials without additional training, without going through
an apprenticeship.
Mr. Kelly, I look forward to working with you on this and
other ways that we can break down the barriers that our
veterans face when trying to translate their skills to a
civilian career. This can be done, and I look forward to
working with you.
This agency also oversees the Transition Assistance
Program, or TAP, which is supposed to help provide military
personnel with the information they need to navigate the
civilian job market. For the first time in 20 years, TAP has
been redesigned to try to make it relevant to the 21st century
military personnel. A key function of the Assistant Secretary
will be to ensure that these changes are actually effective in
meeting the needs of transitioning servicemembers.
On top of that, I am sure you know that this agency
experienced significant turmoil during the last 18 months after
serious procurement irregularities were revealed by the
Inspector General. I hope you will agree that helping to
rebuild that workforce and public image and to ensure that
these problems are not repeated should be among our top
priorities.
Turning to you, Mr. Greenberg, the judges of the Court of
Appeals for Veterans Claims provide justice to sick and injured
veterans, their families, who may have already faced years of
delays and frustrations while seeking benefits from the VA. The
judges also issue precedential decisions that can have
nationwide impact on VA claims processing systems and on
individuals trying to navigate that system. Given these
important responsibilities, candidates to serve on the court
must be impartial, well qualified, and have sound judicial
philosophy and temperament. They must be prepared to make
decisions fairly, promptly, and efficiently. For this court, in
particular, which has more than 4,000 pending cases, a new
judge must be ready to hit the ground running and immediately
help the court address the challenges that they face with
caseload.
I also want to point out that, in my view, organizations
tend to function at their best when the integral parts to the
operation, like judges, are personally engaged on a daily
basis. But if judges have to travel long distances to get to
court, it could make it more difficult. That is why I
introduced S. 2045, and my hope is that this will pass this
body quickly, because it would require that judges of the
Veterans Court live within 50 miles of the D.C. area, where the
court is located. A similar residency requirement already
applies to other Federal judges.
This bill is simply intended to stress that judges should
live near enough to the court to allow them face-to-face
discussions with other judges and allow the judges to be
personally involved in the day-to-day operations of their
chamber and the court. In my view, these expectations are
completely in line with the Code of Conduct for U.S. Judges,
which requires that, ``duties of judicial office take precedent
over all other activities.'' Madam Chairman, I think this is a
bill that is simply common sense and I hope the U.S. Senate
will pass it quickly.
I want to thank the Chair and again thank the nominees for
their willingness to be here, and I recognize our colleague,
Senator Menendez, who is a big champion of Mr. Greenberg.
Chairman Murray. Thank you very much.
Senator Sanders, do you have an opening statement?
STATEMENT OF HON. BERNARD SANDERS,
U.S. SENATOR FROM VERMONT
Senator Sanders. I will be very brief because I think
Senator Murray and Senator Burr made the point that it just so
turns out that both of you, while strong nominees, are being
asked to address some of the most serious issues facing the
veterans' community.
It is no secret that there is a backlog in terms of benefit
claims. Our goal must be justice, making sure that those people
who are entitled to the claims get them. But equally important,
it must be done in an expeditious manner. I know that the VA is
wrestling with this problem and have gone forward, but we have
more work to do and that court that you are applying for, Mr.
Greenberg, is certainly an important part of that whole
process.
And, Mr. Kelly, in terms of employment, we are in the midst
of a major recession. Unemployment is much too high. But as
Senator Murray indicated and as Senator Burr made the point, it
is especially high for returning veterans. So we have people
who, in some cases, in my State, where we had a National Guard
playing a very, very active role, both in Iraq and Afghanistan,
folks left their jobs and went away and came back, and in some
cases those jobs were not there for them.
So I think, as a Nation, we have an absolute obligation to
do everything that we can to make sure that people who serve
this country get decent jobs, that we take advantage--and I
think Senator Burr made an important point--people receive a
lot of training in the military and it is an absolute shame
that we do not utilize that training to help them into the
civilian sector.
So there is a lot of work in both of the areas that you are
applying for and I thank you very much for applying for these
jobs.
Chairman Murray. With that, Senator Boozman, do you have an
opening statement?
STATEMENT OF HON. JOHN BOOZMAN,
U.S. SENATOR FROM ARKANSAS
Senator Boozman. Briefly, I look forward to Mr. Greenberg's
testimony. I had a good visit with Mr. Kelly and was really
impressed with a number of ideas that he has to try to address
some of the problems that you all brought up. So, again, like I
said, I look forward to your testimony.
Chairman Murray. All right. Senator Tester, do you have an
opening statement beyond what we are going to have you do in a
few minutes to introduce Mr. Kelly?
Senator Tester. I will do that when you tell me to.
[Laughter.]
Chairman Murray. OK.
Senator Tester. I would just say one thing, Chairman
Murray, before we start with this hearing, and that is today is
the 12th day of the 12th month of 2012, and this may be our
last Veterans' Affairs Committee meeting. I just want to thank
you for your vision and your leadership for these 2 years.
Chairman Murray. Well, Senator Tester, I appreciate that
very much. And my grandson is turning 12 today, so it is a very
amazing day in my family, as well. He has only been counting
days until this day for, like, 8 years, so----
[Laughter.]
Chairman Murray. Thank you very much. I appreciate it.
With that, Senator Menendez, I will turn it over to you for
your introduction.
STATEMENT OF HON. ROBERT MENENDEZ,
U.S. SENATOR FROM NEW JERSEY
Senator Menendez. Well, thank you, Madam Chair and Senator
Burr and distinguished Members of the Committee, and I hope
this is not your last meeting because I hope you have a
business meeting to be able to vote out these nominees.
I am pleased to be here today to introduce a friend and a
fierce advocate for the men and women who have served in
uniform. Retired Brigadier General William Greenberg is about
as passionate and committed to our veterans as anyone I have
ever met. He does not just talk the talk, he walks the walk. He
has stood for veterans and shown courage in living his values.
I have known Bill Greenberg and his wife, Tina, for a
couple decades, and I have always known him to be a man who has
never been afraid to speak truth to power. He has had several
distinguished careers: soldier, lawyer, author, professor,
public servant, and he has excelled in each of them.
In 2009, he was appointed by the Secretary of Defense and
approved by the President to be Chairman of the Reserve Forces
Policy Board, where he received the Secretary of Defense Medal
for Distinguished Public Service and the praise of his
colleagues.
When he began his career in 1967, he was selected as the
Outstanding Cavalry Trooper of the Training Cycle at Fort Knox.
He later was commissioned in the Judge Advocate General Corps
in 1970 and served in various JAG positions in the Reserves,
until his promotion to flag rank in 1990. He is a partner in
one of New Jersey's oldest and the region's most respected law
firms, McCarter and English.
He has served as a New Jersey State Commissioner of
Investigation, Assistant Counsel to the Governor of New Jersey,
Trustee of the New Jersey State Bar Association, and their
first Adjunct Professor of Military Law at Seton Hall
University School of Law. He received the Distinguished Alumnus
Award from Johns Hopkins in 2010, the Rutgers Law School Alumni
Association Prestigious Public Service award. But those long
lists of accomplishments do not tell the real story and the
real commitment of Brigadier General Bill Greenberg.
In June 2009, Bill received the highest award of the New
Jersey State Bar Foundation's Medal of Honor for his tireless,
extraordinary work with wounded soldiers at Walter Reed. What
he has done to stand up for veterans, no matter who he had to
engage or how powerful they might have been, he did what he
believed needed to be done for the people he served, and that
is an extraordinary measure.
During the last several years, he has personally, and
together with members of the firm that he put together,
represented pro bono more than 50 soldiers in hearings at
Walter Reed and elsewhere to make certain that they received
all the care and help for their combat wounds and injuries that
they deserved.
He cares deeply and profoundly about the men and women who
have served in this Nation. He has demonstrated a combination
of public service and private accomplishment to which all
citizen soldiers should aspire.
General Greenberg has dedicated himself to the highest
ideals of our Nation, among them, making sure that those who
are wounded in service to this Nation are treated with nothing
less than the utmost care and with the fairness and dignity
that they have earned and deserve.
Madam Chairman and Members of the Committee, I cannot think
of a more qualified citizen soldier to preside over matters
concerning the men and women he has devoted a lifetime to
helping. I am proud of his service, proud that he is from New
Jersey, honored to call him a friend. He has the intellect, the
experience, the judicial temperament, and the respect for
precedent that would make him an extraordinary member of the
court. I look forward to his, I hope, unanimous support in the
Senate and for him to get to work on behalf of our veterans.
Thank you, Madam Chairman.
Chairman Murray. Thank you very much, Senator Menendez. We
really appreciate your coming and introducing him.
Senator Tester, I turn to you for your introduction of Mr.
Kelly.
STATEMENT OF HON. JON TESTER,
U.S. SENATOR FROM MONTANA
Senator Tester. Yes, thank you, Madam Chair. It is my honor
to introduce a good friend of mine, Keith Kelly. I want to
thank Keith for being here today and thank you for your
service.
Keith and I have known each other for a long, long time. It
has not been 35 years. As I was doing the math in my head, it
has been 31 years since I first met Keith, when I was younger
and he was younger, too. I had the good fortune to work with
him when I was in the State Legislature. His lovely wife, Norma
Jean, is not here, but be sure to send her my best.
Currently, Keith is Commissioner of Montana Labor and
Industry. In that role, he works hard to promote the well-being
of Montana's workers.
Keith is also a veteran. He served in the U.S. Army in the
Vietnam War, earned a Combat Infantry Badge and a Bronze Star.
After returning from military service, Keith began 35 years
in public service. He has served as Director of both Montana's
and Arizona's Department of Agriculture. Under President
Clinton, he served as a National Administrator for the Farm
Service Agency. By all accounts, Keith has done a great job in
all of the positions that he has held and he has valuable
experience dealing with issues from the local, State, and
Federal perspective.
I know that he has always been mindful, in particular, of
the needs of our Nation's veterans. If confirmed, I have no
doubt that he will do absolutely everything within his power to
ensure that we fulfill our commitment to the promises that we
have made our veterans and their families.
So, Keith, I want to once again thank you for your public
service, for your record in that; I want to thank you for
putting yourself through this exercise for confirmation, and
thanks for being here today.
Chairman Murray. Thank you very much, Senator Tester.
Mr. Kelly, I understand your family is cheering you on from
home, so they are not with you, but Mr. Greenberg, I understand
you do have some family members here. If you would like to
introduce them, we would love to----
Mr. Greenberg. Yes. There are some at home, but my wife,
Tina, is here and my son, Tony, who works in Washington, is
also here today.
Chairman Murray. All right. Great. Well, thank you very
much.
Mr. Kelly, I understand your family is at home cheering you
on.
Mr. Kelly. Yes, and thank you. I hope they are, yes.
[Laughter.]
Chairman Murray. All right. With that, under the rules of
this Committee, the testimony of all Presidential nominees
appearing before the Committee has to be taken under oath. So,
Mr. Greenberg and Mr. Kelly, I would like you to stand right
now and we will administer the oath. Please raise your right
hand.
Do you solemnly swear or affirm that the testimony you are
about to give before the Senate Committee on Veterans' Affairs
will be the truth, the whole truth, and nothing but the truth,
so help you God?
Mr. Greenberg. I do.
Mr. Kelly. I do.
Chairman Murray. Thank you very much. You may be seated.
Mr. Greenberg, we will start with your testimony, and then
we will turn to Mr. Kelly.
TESTIMONY OF WILLIAM S. GREENBERG, NOMINEE TO BE JUDGE, U.S.
COURT OF APPEALS FOR VETERANS CLAIMS
Mr. Greenberg. Thank you, Chairman Murray, Ranking Member
Burr, and distinguished Members of the Committee. I would like
to thank Senator Menendez, also, for his very kind and gracious
words. We do go back a long way.
I am honored to have been nominated by the President to be
a judge of the U.S. Court of Appeals for Veterans Claims, and I
am grateful for the opportunity to appear before you today.
With me, as I have just indicated, is my wife, Tina, who
has been my best friend, partner, and principal support
throughout my professional life and whose tireless generosity
of spirit and family history of philanthropy have been shining
examples to our three children--our daughters, Katherine and
Elizabeth, and our son, Anthony, who is with us today. I am
indebted to all of them for love, patience, and confidence.
I also wish to acknowledge my large extended family, law
partners, and clients for their enthusiastic support of my
nomination. I would like to pay special tribute to those who
have served as exemplars over my long legal and military
career. To Judge Robert A. Matthews, for whom I served as a Law
Secretary, a Navy war hero who reminded me always to act in the
name of the ethic, which gives meaning to it all. To Frank
McCarter, a veteran of the Italian Campaign; Gene Haring and
John McGoldrick, partners and mentors at McCarter and English;
to Richard J. Hughes, Governor and later Chief Justice of New
Jersey, from whom I learned the meaning of political and legal
courage; and finally, to Major General Frank Gerard, the last
active duty air ace of World War II, for whom I served as
military subordinate, legal advisor, and advocate.
In a larger sense, I owe my career to the example set by my
father, uncles, and great-uncles, as well as my brother, all of
whom served in the Armed Forces. Some were in combat, and
others, like my father, Master Sergeant Irving Greenberg of the
Medical Service Corps, and brother Major Stephen Greenberg of
the Medical Corps, served those who bore the physical and
psychological wounds of battle.
During my 27 years in the Reserve components of the Army, I
was an enlisted scout, an Army lawyer, and a flag officer. With
that experience and my nearly four decades of private law
practice, I recognized a need after the events of September 11
and established the New Jersey Military Law Institute and the
New Jersey State Bar Association Legal Assistance Program.
During the past 10 years, I have been privileged to guide
both endeavors in the pro bono service of Reservists wounded in
Iraq and Afghanistan. We at New Jersey's oldest and largest law
firm took the lead, together with the organized Bar, in
representing these soldiers in their physical evaluation board
hearings at Walter Reed and their claims in the regional
offices of the Department of Veterans Affairs. I personally
tried cases and supervised the work of our firm in dozens of
matters over the past decade. Many of the lawyers who work with
me had no prior military experience, but quickly gained the
confidence of the soldier and were themselves rewarded by a
strong sense of their unique accomplishment. There is no
substitute for individual personal relationships between lawyer
and soldier or veteran.
During my 45 years of private law practice, I have been
fortunate to have served in many other facets of life, which I,
with great respect, believe will serve me well if I am
confirmed. I have been a Commissioner of the New Jersey State
Commission of investigation, Chairman of the New Jersey State
Bar Association Judicial and Prosecutorial Appointments
Committee, the first Adjunct Professor of Military Law at the
Seton Hall University, President or Trustee of New Jersey's two
largest Bar Associations, a member of the New York City Bar
Association Committee on Law and Justice, and more recently as
Chairman of the Reserve Forces Policy Board in the Office of
Secretary of Defense.
I have always been an advocate for the soldier and the
veteran. My entire legal career has been in litigation,
advising clients, and representing them before agencies and in
courts. I believe I understand the importance and significance
of becoming a judge of the U.S. Court of Appeals for Veterans
Claims.
I fully comprehend the responsibility of that honored
position. If confirmed, I believe I would apply the same
zealousness and intellectual vigor as a judge that I have as
counsel. I am equally certain that I will be true to the oath
requiring swift, fair, and impartial appellate review.
I thank the Committee most sincerely for considering my
nomination. Chairman Murray, I am pleased to respond to any
questions you or any Member of the Committee may have. Thank
you.
[The prepared statement of Mr. Greenberg follows:]
Prepared Statement of William S. Greenberg, Nominee for Judge of the
U.S. Court of Appeals for Veterans Claims
Thank you Chairman Murray, Ranking Member Burr, and distinguished
Members of the Committee. I am honored to have been nominated by the
President to be a Judge of the United States Court of Appeals for
Veterans Claims and I am grateful for the opportunity to appear before
you today.
With me is my wife, Tina, who has been my best friend, partner, and
principal support, throughout my professional life and whose tireless
generosity of spirit and family history of philanthropy have been
shining examples to our three children, Katherine, Anthony, and
Elizabeth. I am indebted to all of them for love, patience, and
confidence. I also wish to acknowledge my large extended family, law
partners, and clients for their enthusiastic support of my nomination.
I would like to pay special tribute to those who have served as
exemplars over my long legal and military career. To Judge Robert A.
Matthews, for whom I served as Law Secretary, a Navy war hero who
reminded me always to act in the name of the ethic, which gives meaning
to it all. To Frank McCarter, a veteran of the Italian Campaign, Gene
Haring, and John McGoldrick, partners and mentors at McCarter and
English. To Richard J. Hughes, Governor and later Chief Justice of New
Jersey, from whom I learned the meaning of political and legal courage.
And finally, to Major General Frank Gerard, the last active duty air
ace of World War II for whom I served as military subordinate, legal
advisor, and advocate.
In a larger sense, I owe my career to the example set by my father,
uncles and great uncles, as well as my brother, all of whom served in
the Armed Forces. Some were in combat, and others like my father,
Master Sergeant Irving Greenberg of the Medical Service Corps, and
brother Major Stephen Greenberg of the Medical Corps served those who
bore the physical and psychological wounds of battle. During my twenty-
seven years in the Reserve Components of the Army, I was an enlisted
scout, an army lawyer, and a flag officer. With that experience, and my
nearly four decades of private law practice, I recognized a need after
the events of September 11, and established the New Jersey Military Law
Institute and the New Jersey State Bar Association Legal Assistance
Program. During the past ten years, I have been privileged to guide
both endeavors, in the pro bono service of reservists wounded in Iraq
and Afghanistan. We at New Jersey's oldest and largest law firm took
the lead, together with the organized Bar, in representing these
soldiers in their Physical Evaluation Board hearings at Walter Reed,
and their claims in the regional offices of the Department of Veterans
Affairs. I personally tried cases and supervised the work of our firm
in dozens of matters over the past decade. Many of the lawyers who
worked with me had no prior military experience but quickly gained the
confidence of the soldier and were themselves rewarded by a strong
sense of unique accomplishment. There is no substitute for the
individual personal relationship between lawyer and soldier or veteran.
During my forty-five years of private law practice, I have been
fortunate to have served in many other facets of life which I
respectfully believe will serve me well if I am confirmed. I have been
a Commissioner of the New Jersey State Commission of Investigation,
Chairman of the New Jersey State Bar Association Judicial and
Prosecutorial Appointments Committee, the first Adjunct Professor of
Military Law at Seton Hall University Law School, President or Trustee
of New Jersey's two largest Bar Associations, a member of the New York
City Bar Association Committee on Military Law and Justice, and more
recently as Chairman of the Reserve Forces Policy Board in the Office
of the Secretary of Defense.
I have always been an advocate for the soldier and the veteran. My
entire legal career has been in litigation, advising clients and
representing them before agencies and in courts. I believe I understand
the importance and significance of becoming a Judge of the United
States Court of Appeals for Veterans Claims. I fully comprehend the
responsibility of that honored position. If confirmed, I believe I
would apply the same zealousness and intellectual vigor as a judge, as
I have as counsel. I am equally certain that I will be true to the oath
requiring swift, fair, and impartial appellate review.
I thank the Committee most sincerely for considering my nomination.
Chairman Murray, I am pleased to respond to any questions you or
any Member of the Committee may have.
______
Response to Prehearing Questions Submitted by Hon. Richard Burr to
William S. Greenberg, Nominee to be Judge, U.S. Court of Appeals for
Veterans Claims
public
Question 1. According to the questionnaire you submitted to the
Committee, you were admitted to practice before the U.S. Department of
Veterans Affairs (VA) in approximately 2010. It also reflects that you
have represented military personnel involved in a medical evaluation
board (MEB) or physical evaluation board (PEB).
A. Would you please describe approximately how many claimants you
have represented before VA and the general nature of the cases you have
handled?
Response. Our firm, McCarter & English, has represented
approximately, pro bono, 70 to 80 soldiers or veterans. Of these,
approximately 10 to 20 at the regional offices of the VA. While I had
general supervisory responsibility for each of these cases, the VA
matters were handled directly by my partners with the aid of
associates.
B. Would you please describe any training you have completed in the
area of veterans' law?
Response. My training has been on the job training, including
developing a knowledge of VA procedures and practices, as well as a
comprehensive review of the case law, in preparation for teaching the
Veterans Rights portion of the Seton Hall Military Law Course, and as
the partner in charge of our individual cases.
C. Would you please describe approximately how many servicemembers
you have represented at the MEB phase of the disability evaluation
process and at the PEB phase and the general nature of the cases you
handled?
Response. I had personal responsibility for approximately 10 to 20
of the PEB cases. I personally appeared at the hearings before the
physical disability board at Walter Reed in approximately 10 cases
between June 2007 and August 2009. I believe we were able to settle
many other cases without appearing in person. I believe lawyers were
not expected, nor permitted at the MEB stage. I believe that has
changed recently. During the period 2009 through 2011, while serving as
Chairman of the Reserve Forces Policy Board in the Office of the
Secretary of Defense, I did not think it appropriate to personally
represent individual soldiers or veterans in individual cases.
Question 2. The United States Court of Appeals for Veterans Claims
generally hears appeals from claimants seeking benefits from VA.
A. How has your background equipped you to serve as an appellate
judge?
Response. I believe, respectfully, that I am qualified to serve as
an appellate judge because of my personal representation of individual
soldiers and veterans over the past 5 years; my 45 years of private law
practice in trial and appellate courts, at the state and Federal
levels; my experience as Chairman of the New Jersey State Bar
Association Judicial and Prosecutorial Appointments Committee; and my
27 years as an enlisted, officer and flag officer in the Reserve
Components of the Army.
B. Have you previously sought any other judicial positions? If so,
please explain.
Response. While I did not seek judicial positions, I was invited to
participate as a candidate for Federal judicial positions by United
States Senators from New Jersey in 1978, 1998, and 2002.
Question 3. A biography published on the Web site for McCarter &
English indicates that you have ``written regularly for legal
periodicals and other publications'' and ``authored more than twenty
five articles or monographs on litigation matters.''
A. Would you please identify the legal periodicals and other
publications for which you have written, other than those identified in
your completed questionnaire?
Response. None of the periodicals or publications referred to were
written during the past 10 years, with the exception of the June 2007
article in New Jersey Lawyer (attached below).
Also, if it may be response I also assisted in the creation of a
video to educate returning reservists about their legal rights. The
video can be seen at: http://www.
njsba.com/resources/probono/military-legal-assistance/index.html
The articles generally refer to materials distributed as part of
presentations at professional conferences and included a wide variety
of subject matters. I do not presently have access to those articles or
materials. To the best of my recollection, they were presentations at
meetings of the young lawyers or litigation sections of the American
Bar Association, and on matters covering environmental litigation for
the natural resources section of the ABA. I lectured at the New Jersey
Institute for Continuing Legal Education, and prepared articles or
materials related to those lectures on a wide variety of subjects
including Trying the Constitutional Tort Case, Trying the School Law
Case and Dealing or Litigating with the Resolution Trust Corporation. I
also prepared materials for, and lectured at, annual meetings of the
International Bridge Tunnel and Turnpike Association, generally related
to environmental litigation. I also believe I wrote for, and lectured
to, meetings of the New Jersey Education Association, and the
Association of Trial Lawyers of America, and its New Jersey affiliate.
Attachment--June 2007 article, New Jersey Lawyer
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
B. If any of those writings were during the past ten years, please
provide copies to the Committee.
Response. I believe the only writing during the past 10 years is
attached. The Committee should also know that during the past 10 years
as author, editor, and supervisor of the editorial staff, I devoted
considerable time and energy to revisions and annual supplements of the
New Jersey Practice Series, Volume 47, Civil Trial Handbook, published
by Thomson Reuters, and now approximately 1400 pages, including the
cumulative annual supplement.
Question 4. In response to question 6 of the Supplemental
Questionnaire, you noted a number of significant cases in which you
were involved. If applicable, would you please also describe at least
five significant litigated matters in which you were involved during
the past 10 years?
Response. Five significant matters I have served as lead counsel or
co-counsel in the past 10 years are:
(a) HealthNet ads. Wachtel, a lengthy and complicated class
action in Federal court in New Jersey, and at times in the
third circuit, involving many issues related to the business
practices of our client, a large HMO;
(b) RobertPlan ads. New Jersey Insurance Commissioner, a
complex series of matters involving contract and constitutional
issues between our client, an automobile insurer, and New
Jersey regulators, at times in state, trial and appellate
courts;
(c) Verizon Wireless ads. Demmick, a class action pending in
Federal court in New Jersey concerning billing disputes in the
telecommunications business;
(d) Ullman vs. ExpressScripts, a large breach of contract
dispute, involving pharmacy benefit managers in the Federal
district court in New Jersey;
(e) Phelps Dodge ads. Reichhold, lengthy litigation involving
contribution issues under Federal environmental laws in the
district of New Jersey.
Each of these cases required me to learn or concentrate on
particular aspects of substantive law and differing factual settings.
The common thread throughout was the intense participation by the
clients, and the requirement of my personal involvement and
responsibility on a regular basis.
Question 5. In response to question 13 of the Committee's
Supplemental Questionnaire, you indicated that, as Chairman of the
Reserve Forces Policy Board from 2009 to 2011, your goal was to
``change the way in which health of the command was addressed'' and
that you had ``urged radical changes in the way wounded/injured
soldiers were treated.''
A. Would you please share with the Committee what you perceived as
the drawbacks of the then-current system and your ideas for change?
Response. Based upon my personal experience representing individual
soldiers, as well as the knowledge I gained from presentations made to
the RFPB by medical professionals, I believe the following were
drawbacks of the then-current system, and I suggested the following
changes:
(1) the physical disability boards, as such, should be
abolished and the percentage basis for compensating a soldier
as medically unfit should also be abolished. I believe the
medically unfit soldier should received 100% compensation. The
soldier was either fit or unfit to remain in the military;
(2) I believe a greater effort should have been made to
retain soldiers in uniform, notwithstanding physical or
psychological issues. Changes in military occupation specialty
or even changes in branches of the service, or transfers to
other armed services, is preferable to discharge, for those who
wish to stay;
(3) Lawyers should be provided at the earliest stages of the
military medical evaluation process and carried through the
administrative agency and court systems;
(4) The warrior transition units should be abolished
completely, and the individual soldier should be under the
direct command of the military hospital or the responsibility
of his reserve unit commander;
(5) Provision should be made for reserve unit commanders to
receive pay, allowances, and travel to superintend the care and
treatment of members of their command;
(6) The determination of percentage disabilities, if they are
to be retained, should never be reduced, but only increased if
the soldier makes a case for a change in circumstances.
B. Under your leadership, what effect did the Reserve Forces Policy
Board have on those issues?
Response. I believe the recommendations we made in our annual
reports for 2010 and 2011, reports required by Congress, had a direct
bearing on the way in which the physical evaluation board process has
been administered by the military. Lawyers are involved earlier.
Important psychological issues such as TBI and PTSD are now more easily
dealt with by the soldier. Specifically, the practice of giving only
one percentage rating per part of the body has been abolished.
Question 6. The 2010 Annual Report of the Reserve Forces Policy
Board contains the following information about a November 2009 meeting
of that Board:
Hon. W. Scott Gould, Deputy Secretary of Veterans Affairs,
was particularly knowledgeable and forceful in his formal
presentation to the Board. Of particular interest and
enlightenment for Secretary Gould and the Board members were
the exchanges which took place among Board members, the Deputy
Secretary and his staff, and other well-informed officials of
the Department who attended the public session of this meeting.
These exchanges led to the continuation of a very detailed
dialog among Chairman Greenberg, former Chairman O'Connell,
Deputy Secretary Gould and Secretary of Veterans Affairs, the
Honorable Eric K. Shinseki. This led to a further exchange of
memoranda on the subject of the status of deployed reservists,
and ultimately to a decision to elevate the consideration of
these issues to the Deputy Secretary level in each department.
This led to the pilot DES program, endorsed elsewhere in this
report.
A. Would you please describe the role of the Board in evaluating
and recommending improvements with regard to the Disability Evaluation
System?
Response. The most important improvement recommended by the RFPB,
was the elevation to the highest levels of DOD and VA of the DES.
B. Would you please clarify what role the Reserve Forces Policy
Board played in the creation of the Disability Evaluation System pilot?
Response. The DES pilot program was the work product of the high
level agreements between DOD and VA. The RFPB was very careful to
strongly recommend that the DES pilot be scrutinized and regularly and
carefully monitored.
------
[The Committee questionnaire for Presidential nominees
follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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[Supplemental information to Presidential questionnaire:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
------
[Letter from Judicial Conference of the United States:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Chairman Murray. Thank you very much, Mr. Greenberg.
Mr. Kelly, we welcome your testimony.
TESTIMONY OF KEITH C. KELLY, NOMINEE TO BE ASSISTANT SECRETARY
OF THE VETERANS' EMPLOYMENT AND TRAINING SERVICE, U.S.
DEPARTMENT OF LABOR
Mr. Kelly. Thank you, and good morning, Chairwoman Murray,
Ranking Member Burr, and distinguished Members of the
Committee. Thank you for the opportunity to testify before you
today and for considering my nomination to serve as the
Assistant Secretary for Veterans' Employment and Training. Your
commitment to our Nation's veterans and the transitioning
servicemembers and their families is truly inspiring.
I would also like to personally thank Senator Jon Tester
here for his gracious introduction and for his unwavering
support and friendship over the many years. As many of you may
know, Senator Tester is committed to serving veterans and their
families in Montana and the Nation and he is an outstanding
advocate for our State, and for that, I thank you, Senator
Tester.
I am humbled and honored by President Obama's nomination
and the confidence of both he and Secretary Solis have shown in
me.
During the past few days, I have been privileged to meet
with many of you and your staff and have received invaluable
guidance and insights into the Committee's priorities and
concerns. If confirmed, I look forward to continuing this
dialog and working with you.
While they could not be here today, I would also like to
thank my family for their love and support. We have a long
history of service in our family. My wife, Norma Jean, was
serving our country at the homefront (at home) by taking care
of my young family while I fought in Vietnam. I am grateful to
her and all of the other military families who also serve our
country. Her father, Joe Walsh, served in the U.S. Merchant
Marines during World War II.
I would also like to thank my children, Keith, Shannon,
Conan, and Kevin, who is no longer with us. My oldest son,
Keith Joseph, has made a career as a servicemember with the
Montana National Guard and has already served in Iraq.
I would also like to acknowledge and thank Governor Brian
Schweitzer for his service to the great State of Montana and to
his support for me as Commissioner at the Montana Department of
Labor and Industry. They have all played a part and a role in
my being here today.
During the Vietnam War, I served in the 101st Airborne
Division as a sergeant in charge of an infantry squad and later
full-sized platoon. We operated in the field with daily
reconnaissance sweeps and nightly ambushes. It was through
these activities that I honed my leadership skills and earned
the Combat Infantryman Badge and the Bronze Star.
When I returned home from service with the Army, my family
and I, like most military families, faced the challenge of my
transition from a military combat life to my role as a father
and husband and part of an American workforce. At that time,
there was very little transition support, and as a result, the
experience was unnecessarily difficult. Today, thanks to the
dedication of the people in this room and the dedication of so
many who care about our servicemembers and their families,
significantly more transition resources and support are now
available.
However, we can and we must do more. If confirmed, I pledge
to do my level best to ensure that the men and women who serve
our country have the best services and benefits our Nation has
to offer.
After I returned home from Vietnam and graduated with a
Master's degree in agriculture economics and economics, I began
my 35-year career dedicated to public service. I believe in
bipartisanship. I have worked for and with Republicans and
Democrats throughout my career and in State and Federal
Governments. I have faced difficult issues, and, if confirmed,
my experiences to overcome those challenges will improve my
work at VETS.
It is in my current position as Commissioner of the Montana
Department of Labor and Industry I have become more engaged
with labor and veterans' programs and have worked on many of
these programs administered by the VETS. So my vision for every
day is we are reminded with the tremendous sacrifices made by
the members of the U.S. Armed Services, the National Guard and
Reserve. Yet all too often, those who have given so much for
America kind of face a difficult transition back to civilian
life.
If confirmed, I would strive to achieve the following
goals. Number 1, improve our reach to servicemembers, veterans,
and their families and other stakeholders.
Number 2, sustain and bolster intensive employment service
for those with significant barriers to employment.
Three, fully implement and continuously improve the
redesigned Transition Assistance Program.
Four, continue to partner with other Federal agencies
implementing the redesigned Employer Workshop.
And last, five, increase and enhance VETS' ability to
measure and report on the impact of our programs.
In conclusion, if confirmed, I will work closely with you,
with the incredible VETS team, and with our partners and
stakeholders to provide veterans and soon-to-be veterans and
their families with the best possible resources there are.
Thank you again for considering my nomination. It will be a
privilege and honor to serve those who have served our Nation.
I appreciate having this opportunity to testify before you
today and am happy to answer any questions you may have. Thank
you.
[The prepared statement of Mr. Kelly follows:]
Prepared Statement of Keith Kelly, Nominee to be the Assistant
Secretary for Veterans' Employment and Training Service, U.S.
Department of Labor
Good Morning Chairwoman Murray, Ranking Member Burr and
distinguished Members of the Committee. Thank you for the opportunity
to testify before you today and for considering my nomination to serve
as the Assistant Secretary for Veterans' Employment and Training. Your
commitment to our Nation's veterans, transitioning servicemembers and
their families is inspiring.
I would also like to thank Senator Tester for his gracious
introduction and for his unwavering support and friendship over the
years. As many of you know, Senator Tester is committed to serving
veterans and their families in Montana and the Nation. He has been an
outstanding advocate for our state. Thank you, Senator.
I am humbled and honored by President Barack Obama's nomination and
the confidence both he and Secretary Hilda Solis have shown in me.
President Obama and Secretary Solis are committed to ensuring that the
men and women who serve this country have the employment support,
assistance and opportunities they need and deserve to successfully
transition to the civilian workforce, and find and secure meaningful
careers. If confirmed, it will be my honor and privilege to work with
this Committee to achieve that goal.
During the past few days, I have been privileged to meet with many
of you and your staff and have received invaluable guidance and insight
into the Committee's priorities and concerns. If confirmed, I look
forward to continuing this dialog on an ongoing basis.
While they could not be here today, I would like to thank my family
for their love and support. We have a long history of service in our
family. My wife, Norma Jean, has been the backbone of our family. She
cared for our family while I served with the 101st Airborne Division in
Vietnam. I am grateful to her and all of the other military families
that serve our country. Her father, Joe Walsh, served in the U.S.
Merchant Marines during World War II. I would like to thank my
children, Keith, Shannon, and Conan and Kevin (deceased). My oldest,
Keith Joseph, has made a career as a servicemember with the Montana
National Guard and has served in Iraq. I would also like to acknowledge
and thank Governor Brian Schweitzer for his service to the great state
of Montana and his support of me as Commissioner of the Montana
Department of Labor and Industry. They have all played a major role in
my being here today.
military service
During the Vietnam War, I served with the 101st Airborne Division
as the Sergeant in charge of an infantry squad and later a platoon. We
operated in the field with daily reconnaissance sweeps and nightly
ambushes. We conducted combat assaults both in the jungle and on fire-
support bases. It was through these activities that I honed my
leadership abilities and earned my Combat Infantryman Badge and Bronze
Star.
When I returned home from my service with the Army, my family and
I, like most military families, faced the challenge of my transition
from a military combat life to my role as father, husband, and part of
the American workforce. This period was the most difficult time in our
young marriage, for our family and for my professional career. At that
time, there was very little support or assistance for transitioning
servicemembers or their families. As a result, the transition was
unnecessarily difficult and we had to navigate these challenges largely
by ourselves.
Today, thanks to the dedication of the people in this room and many
others in Congress and throughout the Federal Government, significantly
more resources are available to support service men and women with this
transition. However, we can and must do more. President Obama and
Secretary Solis are committed to serving our servicemen and their
families as well as they've served us by providing them with the
support they need and deserve to successfully transition to the
civilian workforce and find and secure meaningful careers. If
confirmed, I pledge to do my best to ensure that the 1.5 million
servicemembers expected to transition out of the military over the next
five years, are not alone. I will work every day to fulfill the
promises of the President and the Secretary to provide them with the
best services and benefits our Nation has to offer.
public service
After returning home from Vietnam, I used my GI benefits to attend
Montana State University and graduated with masters' degrees in
Agricultural Economics and Economics. I then returned to public service
and have dedicated the past thirty-five years of my professional career
to this endeavor. I believe in bipartisanship and have worked for and
with Republicans and Democrats throughout my career. I served as the
Director of the Montana Department of Agriculture for six years under a
democratic Governor and spent seven years as the Director of the
Arizona Department of Agriculture under a republican Governor. Then, as
now, state and Federal Governments faced difficult issues and, if
confirmed, my experiences overcoming those obstacles will inform my
work at VETS. For instance, in 1994 we faced significant revenue
shortfalls. My agency experienced a 20% reduction in our budget.
However, I succeeded in making difficult decisions and meeting the
reduction goals and was singled out by the State Department of
Administration for my excellent management abilities.
It is in my current position as Commissioner of the Montana
Department of Labor and Industry, that I have become more engaged with
labor and veterans' programs. As chair of the Veterans' Affairs
Committee of NASWA (National Association of Workforce Agencies) from
2008-2010, I interacted with and worked on many of the programs
administered by VETS. During my tenure, the Committee evaluated these
programs and submitted recommendations to the NASWA Board to improve
the employment and training services for America's Veterans.
vision for vets
Every day, we are reminded of the tremendous sacrifices made by the
members of the U.S. Armed Services, National Guard and Reserve. They
leave their friends, families and careers behind to defend our freedoms
around the world. These brave men and women deserve a hero's welcome
and a chance to utilize their unique skills to help rebuild our economy
when they return home. Yet, all too often, those who have given so much
for America face a difficult transition back to civilian life and
struggle to find a job worthy of their talents. President Obama and
Secretary Solis have made a commitment to provide the men and women who
serve this country and their families with the employment support,
assistance and opportunities they need and deserve to find and secure
meaningful careers. If confirmed, I would work with this Committee,
Congress, my fellow agencies at the Department of Labor and within the
Administration as a whole to fulfill this commitment.
In particular, I would strive to achieve the following goals:
(1) Improve outreach to servicemembers, veterans and
stakeholders to ensure they are aware of and have access to the
programs and services available to help them achieve their
employment and career goals;
(2) Sustain and bolster intensive employment services to
those with significant barriers to employment;
(3) Fully implement and continuously improve the redesigned
DOL Transition Assistance Program (TAP), continue to partner
with the Departments of Veterans Affairs, Defense, Homeland
Security and others to by implementing the redesigned DOL
Employment Workshop as part of comprehensive effort to
seamlessly transition servicemembers, Guard and Reserve members
and their families from active duty to civilian life; and
(4) Increase and enhance VETS ability to measure and report
on the impact of our programs by improving data collection and
reporting.
In conclusion, if confirmed, I will work closely with you, with the
incredible VETS team and with our partners and stakeholders to provide
veterans, transitioning servicemembers and their families with the best
possible resources and services to enable their success in today's
economy. Thank you for your unwavering commitment to veterans and for
considering my nomination. It would be a privilege and an honor to
serve our Nation's veterans, transitioning servicemembers and their
families.
I appreciate having the opportunity to testify before you today and
am happy to answer any questions you may have.
______
Response to Prehearing Questions Submitted by Hon. Patty Murray to
Keith C. Kelly to be Assistant Secretary for Veterans' Employment and
Training, U.S. Department of Labor
Question 1. Have you and Secretary Solis discussed the duties and
the role you would assume as Assistant Secretary for Veterans'
Employment and Training if you are confirmed? If so, what specific
areas of the job were discussed?
Response. Yes. In our conversations, she has made it abundantly
clear that veterans and VETS are a high priority for her. Specifically,
we discussed:
enhancing coordination within the Department on those
programs that support the training and hiring of veterans;
improving coordination with other Federal agencies that
have programs to support veterans, including but not limited to the
Department of Veterans' Affairs and the Department of Defense;
developing programs that can more successfully reach
homeless veterans;
increasing outreach young veterans through via various
social media; and
including all immediate family members in the transition
process for the transitioning servicemember.
Question 2. Have you and Secretary Shinseki discussed the
relationship you would have with the Department of Veterans Affairs
(VA) in your capacity as an Assistant Secretary within the Department
of Labor (DOL)?
Response. I have not yet had the opportunity to meet with Secretary
Shinseki, but it will be one of my top priorities if I am confirmed.
Question 3. What policymaking role do you anticipate having if you
are confirmed?
Response. If confirmed, my role will be to support the Secretary's
policymaking responsibilities by serving as her principal advisor and
partner on issues relating to Veterans' employment and training.
Question 4. If confirmed, what would you most like to accomplish in
your new position? What would you hope your legacy to the Department
would be?
Response. My goal is to ensure that the transition for the military
personnel to civilian life is less burdensome and more rewarding for
veterans and their families. In particular, I would strive to achieve
the following goals:
Improve outreach to servicemembers, veterans and their
families to ensure they are aware of and have access to the programs
and services available to help them achieve their employment and career
goals;
Focus on providing intensive employment services to those
with significant barriers to employment;
Improve the Transition Assistance Program (TAP), in
collaboration with the Departments of Veterans Affairs, Defense,
Homeland Security and others to by implementing the redesigned DOL
Employment Workshop as part of comprehensive effort to seamlessly
transition Servicemembers, Guard and Reserve members and their families
from active duty to civilian life; and
Increase and enhance VETS ability to measure and report on
the impact of our programs by improving data collection and reporting.
Question 5. How would you describe your management style and how is
it suited to this particular position?
Response. Throughout my career, I have always worked to communicate
the agency's goals in the broader sense and empower staff to implement
the policies and programs within a defined timeframe. I work to develop
working relationships built on trust and mutual respect. I am viewed as
a `bottom up' administrator that seeks and receives a variety of input
from staff and stakeholders and ultimately make a decision that has
been thoroughly vetted and has `buy in' from all interested parties.
Question 6. What in your experience do you believe contributes to
your qualifications for this new position?
Response. As a veteran myself, I have experienced firsthand the
challenges of returning from a combat environment and transitioning
into a civilian environment. I have a career in public that spans three
decades and includes leading, under both republican and democratic
Governors, three state agencies in two states. These agencies have
ranged in scope, both in terms of size and budget, as well as in
mission. As head of the Farm Service Agency at the U.S. Department of
Agriculture, I led an agency of 13,000 full-time employees with a
budget of $1.1 billion and today as Commissioner of the Montana
Department of Labor I oversee an agency with a budget of nearly $60
million and 750 full-time employees.
Question 7. I believe much can be done to improve the coordination
and cooperation between VA and DOL? What thoughts do you have as to how
this might be achieved?
Response. I would agree completely. I look forward to partnering
with you, other Members of Congress, and staff at the VA to maximize
our ability to serve veterans.
Question 8. Are there any specific problems or challenges that you
have already identified that you would like to tackle in this new
position?
Response. Since the intent to nominate, my involvement with DOL has
been minimal. Consequently, my first priority will be to learn more
about the agency, observe operations in the field, assess the current
impact of its programs, and solicit input from VETS' team members,
veterans and stakeholder groups.
Question 9. How do you believe special hiring authorities--for
example, veterans' preference, might be promoted to increase the
employment of veterans across all Federal agencies?
Response. VETS' responsibilities in this area complement OPM's
responsibility of developing and managing human capital for the Federal
Government. VETS should continue to work in partnership with OPM to
increase awareness, understanding and support of these authorities
within all Federal agencies, with particular outreach to human
resources and management decisionmakers. VETS should also enhance the
synchronization of our efforts with stakeholders such as the VSOs,
state workforce agencies, VA's Vocational Rehabilitation and Employment
Service, and other government entities at the Federal and state levels.
Question 10. How do you plan to use your role to enhance employment
opportunities for homeless veterans?
Response. If confirmed, I am committed to supporting President
Barack Obama's promise to combat homelessness among our Nation's
veterans by expanding proven programs and launching innovative
services.
Effectively addressing Veterans' homelessness will require working
in partnership with VA, HUD, HHS and other Federal agencies. While
employment is a key component of freedom from homelessness, the problem
needs to be addressed in a holistic, interagency manner with other
important stakeholders--government and nongovernmental--at the
national, state and local level, such as community-based organizations
and neighborhood partnerships.
Question 11. Too often, servicemembers leave the military unaware
of the benefits and services they have earned. It is important to
ensure transitioning veterans are aware of the resources available to
them. What role should VETS have in this process?
Response. If confirmed, I have identified several goals that I
would like to accomplish in my capacity as Assistant Secretary for
VETS. The first of those goals is to improve outreach to
servicemembers, veterans and their families to ensure they are aware of
and have access to the programs and services available to help them
achieve their employment and career goals. I will exhaust all means to
ensure that transitioning services are educated on the many
opportunities, programs, and resources available to them.
Question 12. The unemployment rate among young post-9/11 era
veterans has been consistently higher than their civilian counterparts.
If confirmed, you will oversee several programs that serve this
population. What improvements should be made to such programs to better
assist these individuals?
Response. If confirmed, I will ensure that VETS is doing all it can
to increase outreach young veterans. I will engage a variety of
stakeholders to determine the most effective way to reach this
population and provide them with tools that allow them to reintegrate
into the workplace.
Question 13. The way in which job-seekers search for employment
opportunities has changed. Many individuals search online job banks for
possible employment. What emphasis will you place on assisting veterans
in finding employment by using online tools?
Response. Particularly for those younger veterans, if confirmed, I
would place a high emphasis on the technology they are comfortable with
and utilize regularly. Sites such as Facebook and LinkedIn offer many
opportunities for veterans to navigate the business world and job
opportunities that are available. The challenge has always been and
will continue to be ensuring the process is intuitive and user
friendly.
Question 14. Do you agree to appear before the Committee at such
times and concerning such matters as the Committee might request for so
long as you serve in the position for which you now seek confirmation?
Response. Yes. I look forward to working collaboratively with
Congress.
______
Response to Prehearing Questions Submitted by Hon. Richard Burr to
Keith C. Kelly to be Assistant Secretary for Veterans' Employment and
Training, U.S. Department of Labor
Question 1. The completed questionnaire you submitted to the Senate
Committee on Veterans' Affairs reflects that you were president of
Kelly & Associates from 2001 to 2002.
A. Please identify the jurisdiction(s) where this entity was
licensed to do business and the current status of this entity. If it is
no longer in existence, please explain how and when it was dissolved.
Response. Kelly & Associates was registered in the Commonwealth of
Virginia. The business was closed in 2002 when I moved back to Montana
to accept a position with the State of Montana.
B. What was the nature of that business entity?
Response. Government Relations
C. Please explain the general nature of the customers/clients
served by that business.
Response. Kelly & Associates' primary client was an economic
analysis firm that specialized in risk management including assessing
probabilities for weather related crop losses in order to build
sustainable actuarial tables for crop insurance.
Question 2. Question 19(d) of the Committee's questionnaire
requests information on any activities you have engaged in during the
last 10 years for the purpose of passing, defeating, or modifying any
legislation or impacting the administration of laws or public policy.
In response, you indicated: ``NONE; NASWA does lobby on behalf of State
Workforce Agencies.''
A. Would you please clarify whether, as a member or officer of the
National Association of State Workforce Agencies (NASWA), you
personally engaged in any activities for the purpose of passing,
defeating, or modifying any legislation or modifying the administration
of laws or public policy? If so, please provide a description of those
activities, including the legislation, laws, or policies you were
seeking to change.
Response. As a member of NASWA, I accompanied staff of NASWA to
meetings with Members of Congress and/or their staff to discuss issues
important to the publicly-funded workforce system, including
unemployment insurance, reauthorization of the Workforce Innovation
Act, and annual appropriations.
B. Would you please clarify whether, as a state employee, you
personally engaged in any activities for the purpose of modifying any
legislation or laws? If so, please provide a description of those
activities, including the legislation or laws you were seeking to
change.
Response. As Commissioner of the Montana Department of Labor
&Industry, I testified on behalf of the Schweitzer Administration on
both budgetary issues and policy considerations. During that time,
there were successful efforts to pass comprehensive Workers
Compensation reform; legislation to increase and index the minimum
wage; and legislation that would allow Montana to operate as a single
State Workforce Investment Board. Additionally, the Montana Department
of Labor & Industry provided data and responded to questionnaires for
NASWA which were used to develop recommendations for implementation of
various policies impacting the workforce system and unemployment
programs.
C. Question 16(b) of the Committee's questionnaire requests
information about any reports, memoranda, or policy statements you may
have helped to prepare on behalf of any organization. In response, you
indicated: ``N/A.'' Would you please clarify whether, as a member or
officer of the National Association of State Workforce Agencies, you
contributed to any reports or policy statements for that organization?
If so, please provide a copy of any such materials.
Response. As stated in my response to Question 2(B), while serving
as Commissioner, the Montana Department of Labor & Industry provided
data and responded to questionnaires for NASWA which were used to
develop recommendations for implementation of various policies
impacting the workforce system and unemployment programs,. All policy
and budget recommendations were first recommended by the Executive
Committee and then voted on by the full board, which included the heads
of all 50 state agencies. Any documents or reports released by the
organization were drafted by NASWA staff.
D. According to information from NASWA, you previously served as
the chair of the NASWA Veterans' Affairs Committee. Would you please
describe your responsibilities and activities in that role?
Response. The role of NASWA's Veterans' Affairs Committee is to
advise State Administrators on issues related to workforce programs for
veterans, primarily the Disabled Veterans Outreach Program and the
Local Veterans Employment Representative program. The Committee
provides a forum for state veteran program leaders to discuss issues
regarding legislation, policy, and procedures for these programs. As
Chair, in co-ordination with NASWA staff, I led two annual meetings
with 15-20 staff to discuss policies and budgets for successful
implementation of these programs.
Question 3. The Veterans' Employment and Training Service (VETS)
oversees a range of programs and complicated laws. For fiscal year
2013, the President has requested $258 million for VETS, including over
$220 million for various grants and approximately $38 million for a
nationwide staff of 218 Federal workers.
A. What do you see as the key functions performed by VETS?
Response. I am committed to serving our military families as well
as they've served us by providing them with the support they need and
deserve to successfully transition to the civilian workforce and find
and secure meaningful careers. VETS plays a critical role by serving
America's veterans and separating servicemembers by preparing them for
meaningful careers, providing employment resources and expertise, and
protecting their employment rights.
B. What do you see as the key responsibilities of the Assistant
Secretary for Veterans' Employment and Training?
Response. If confirmed, I will consider my responsibilities to be
the following: leading the organization in an ethical and inclusive
manner; building upon the vision of President Obama and Secretary Solis
to restore our Nation's sacred trust with Veterans and providing them
and transitional servicemembers with better services; advising the
Secretary on relevant policy matters; and reporting to the Secretary,
Members of Congress, and stakeholders on the results of VETS' efforts.
C. How has your background prepared you to take on these
responsibilities, and what prior experiences do you believe qualify you
to manage a budget of this size?
Response. As a veteran myself, I have experienced firsthand the
challenges of returning from a combat environment and transitioning
into a civilian environment. I have a career in public that spans three
decades and includes leading, under both republican and democratic
Governors, three state agencies in two states. These agencies have
ranged in scope, both in terms of size and budget, as well as in
mission. As head of the Farm Service Agency at the U.S. Department of
Agriculture, I led an agency of 13,000 full-time employees with a
budget of $1.1 billion and today as Commissioner of the Montana
Department of Labor I oversee an agency with a budget of nearly $60
million and 750 full-time employees.
D. How would you measure your success in fulfilling those
responsibilities?
Response. I believe that I have left each agency stronger, more
efficient, and fiscally sound than when I arrived.
E. What steps would you take to ensure that all of those funds are
well spent?
Response. I take my responsibility as a steward of American tax
payer resources very seriously, and if confirmed will strive to utilize
the resources allocated to VETS as efficiently and effectively as
possible to accomplish the agency's mission.
Question 4. A 2011 Department of Labor Office of Inspector General
(IG) report on VETS found inappropriate procurement practices within
VETS headquarters. The report also included other allegations that
called into question the agency's workplace culture. This IG report led
to the resignation of Assistant Secretary Ray Jefferson. What steps
will you take to ensure that the problems identified by the IG will not
reoccur if you are confirmed as the Assistant Secretary?
Response. I have always maintained the highest ethical and
professional standards for myself and my staff. I know the Department
of Labor has taken additional steps in the wake of Mr. Jefferson's
resignation to ensure that all agency heads and staff at the Department
understand their responsibilities and obligations under Federal
procurement rules and ethics procedures. I will abide by and adhere to
those requirements and will demand the same of my staff.
Question 5. According to a recent Government Accountability Office
(GAO) study, there are 23 Federal employment and training programs in
which veterans can participate. Of those, six are specifically targeted
at veterans and administered by the Department of Labor (DOL). Veterans
can also participate in programs under the Workforce Investment Act,
administered by DOL, and receive preference.
A. What is your current assessment of Federal employment and
training programs and how they specifically affect veterans?
Response. While some employment and training programs may have
overlapping eligibility, they often have unique goals and outcomes and
serve specific subpopulations, for instance the Homeless Veterans
Reintegration Program. It seems to me that veterans and their families
benefit from the variety of services and programs available to help
them obtain and retain good jobs and become self-sufficient. I also
believe that veterans benefit from the integration of the veteran
specific programs into the rest of the workforce investment system
where they receive priority of service. This allows veterans to benefit
from the diverse array of training and employment programs funded by
DOL.
B. Are veterans currently searching for a job best served with a
system that includes many overlapping programs or do you believe that
there need to be changes made to consolidate services?
Response. I have not yet had the opportunity to learn about all of
the current programs and services in place to determine if there are
any changes that may be necessary to ensure veterans are receiving the
best services possible. However, if confirmed, I look forward to
hearing input both from Congress and stakeholders on how to improve the
provision of services to veterans.
C. Do you have any initial recommendations on how to improve the
delivery of services to ensure that veterans are receiving the most
wide ranging and beneficial services available?
Response. I have not yet had the opportunity to learn about all of
the current programs and services in place, to determine whether
improvements could be made on the delivery of services.. However, if
confirmed, I look forward to hearing input both from Congress and
stakeholders on how to improve the provision of services to veterans.
Question 6. VETS administers programs, including the Jobs for
Veterans State Grants Program, which provides funding for the Disabled
Veterans' Outreach Program (DVOP) and Local Veterans' Employment
Representative (LVER) program.
A. What is your initial assessment of this program?
Response. VETS offers employment and training services to eligible
Veterans primarily through Jobs for Veterans State Grants Program
(JVSG). JVSG provides funding to the states to hire, train and support
Veteran employment staff (LVERS and DVOPs). These staff specialist are
located in a number of service delivery points, most notably the
American Job Centers that are delivery point for a wide set of
employment and training services funded by the Workforce Investment Act
and the Wagner-Peyser Act. While, I have not been fully briefed on the
JVSG program, I can say from my own experience that Veterans and
eligible spouses benefit by the collaboration and coordination of these
services and by maximizing the employment and training opportunities
developed though relationships with State Workforce Agencies.
B. One concern Congress has voiced regarding this program is the
lack of quality performance measures to determine each state's usage of
the grant funding. What do you believe is the best way to evaluate the
effectiveness of grant dollars distributed by this program?
Response. Like you, I believe in the implementing quality
performance metrics to strengthen and manage programs on an ongoing
basis. Moreover, I take very seriously the responsibility of
stewardship of taxpayer dollars and if confirmed would work to ensure
VETS is regularly monitoring the states' use of Federal dollars.
C. Do you have any preliminary thoughts on how this program could
be improved to better assist veterans with finding jobs?
Response. Before making specific recommendations, if confirmed I
would like the opportunity to first initiate a review of states to
assess which programs execute successful program implementation and
which are facing challenges. That review would allow the agency to
identify best practices and pinpoint obstacles that may impede system-
wide implementation.
Question 7. VETS administers and helps to enforce the Uniformed
Services Employment and Reemployment Rights Act (USERRA), which
provides reemployment rights and employment discrimination protections
for veterans and members of the Guard and Reserves.
A. Do you foresee the possibility for a surge of USERRA claims as
the troop levels in Afghanistan are drawn down and more Guard and
Reserve members return home? If so, what steps would you take to help
ensure that any claims from these returning servicemembers are handled
expeditiously?
Response. Yes, I believe that there will likely be an increase in
USERRA claims as increasing numbers of our men and women transition out
of active duty service and return to the civilian workforce. I am
committed, if confirmed, to the President's promise of fighting
employment discrimination against veterans and returning
servicemembers. USERRA compliance and support will be a top priority.
If confirmed, I will work to ensure that VETS closes each case within
the statutory timeframe, or when necessary obtains extensions to
continue its investigative efforts. One step that I would take is to
focus on education and outreach. In my experience, most employers seek
to comply with the law and support our Nation's service men and women.
Disputes arising under the law are often the result of
misunderstandings about respective rights and responsibilities, and one
of VETS most important functions is to avoid those disputes before they
become formal investigations. Thus, if confirmed, I will focus on
ensuring VETS is continuing to reach out and educate the public as well
as providing assistance directly to questions and inquiries.
B. How important is it for VETS to cooperate and coordinate with
other entities that help enforce USERRA (such as the Office of Special
Counsel and the Employer Support of the Guard and Reserve) and what
steps would you take to facilitate any necessary coordination and
collaboration?
Response. Collaboration and coordination are critical to
effectively administering and enforcing USERRA. As you know, DOL shares
responsibility for educating, administering and enforcing USERRA with
numerous other agencies including the U.S. Office of Special Counsel,
the Government Accountability Office, the Office of Personnel
Management, the Departments of Justice and Defense. I believe that the
best way to protect the rights of our service men and women, Guard and
Reserve is to work collaboratively with all entities involved. If
confirmed, I will review current processes and the extent of
collaboration to ensure that VETS is fully engaging with our fellow
agencies and fulfilling any and all MOUs.
C. What role should the Office of Special Counsel play in handling
USERRA claims? For example, should the Office of Special Counsel be
allowed to handle all USERRA claims against Federal agencies?
Response. It would be premature for me to make a judgment in that
regard until I have an opportunity to fully understand the role that
the Office of Special Counsel currently plays in the handling of USERRA
claims.
Question 8. During the first half of 2013, VETS will be finalizing
its redesign of the Transition Assistance Program (TAP), the first such
redesign in nearly 20 years. The new TAP will be deployed around the
world to assist servicemembers prior to leaving the military.
A. Have you had an opportunity to review the new TAP curriculum?
And if so, do you have any thoughts or concerns about the redesign?
Response. No, at this time I have not reviewed the curriculum.
B. Given that performance data on the newly redesigned TAP will not
be available initially, how will you, if confirmed, determine the
effectiveness of TAP in 2013?
Response. It is my understanding that the Department recently
finished piloting the new curriculum and has already begun to phase in
the new DOL Workshop at bases across the country and the initial
feedback has been very positive. If confirmed, I would want to work
with stakeholders and others to collect feedback from participants and
develop an initial process for review to ensure continuous improvement
and refinement in the program.
C. TAP is a collaboration between the Department of Defense, DOL,
and the Department of Veterans Affairs. If confirmed, how will you
ensure that the three agencies work together to provide separating
servicemembers with the tools they need?
Response. I am committed, if confirmed, to working hand in hand
with our fellow agencies to ensure veterans are aware of and receive
the services they need to successfully and seamlessly transition to
civilian employment. If confirmed, I would also continue to work with
DOD, VA and DHS to ensure that the Employment Workshop is cleanly
integrated into the overall Transition program so that all components
complement and build upon the others.
______
[The Committee questionnaire for Presidential nominees
follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
------
[A letter from the Office of Government Ethics follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
[Letter from Keith Kelly to the Office of General Counsel,
U.S. Department of Veterans Affairs:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Chairman Murray. Thank you both very much for your
testimony. We will now turn to a period of questions from the
Committee members, and I will begin.
Mr. Greenberg, as I mentioned in my opening statement, and
particularly over the past year, we have seen the claims
backlog continue to grow at the VA. The error rates remain
high, and the number and complexity of claims is continuing to
rise. Each of those facts is going to impact the court and its
workload. And on the other side of it, the court has to make
sure that veterans have a very meaningful judicial review of
the decision.
There has been some debate here in Congress about how
Congress and the stakeholders should measure the court in
meeting its responsibilities and I wanted to ask you, in your
opinion, how should court efficiency be measured?
Mr. Greenberg. Well, I believe Congress already has a
certain way of looking at it. In the statute creating the
court, it requires the court to report annually to Congress on
the disposition of its cases in various categories. That does
not deal at all, in my view, with the qualitative
determinations, but merely asks the court to report, as it
does, each year on its disposition rate.
My view is that, as with all Federal courts for which these
reports are required, the Committee, or Congress as a whole,
should take a very close look at whether the mere disposition
of a certain number of cases is consistent with a qualitative
determination on a case-by-case basis. But it is a court of
appellate review and, therefore, sets precedent.
My own review of the cases over the last 5 years has been
that the court probably does a very superior job when compared
with other courts of appeal in the Federal system in prompt
disposition of a large number of cases that come before it. My
own experience is generally with the other courts of appeal and
the Federal District Courts, and I would say that it compares
very favorably, in my view, based upon my experience,
substantively as well as quantitatively.
My own view is it probably can expect to have a great deal
more by way of work to do, and I would expect that I would be
part of that workload; and I would expect the workload to
increase; and I would expect the workload to require, in my
view, a more explicit explanation in each case for the
determination so that it acts more explicitly as precedential
value. That is my view of it.
Chairman Murray. OK. During the past few years of your
professional career, you have been a very forceful advocate for
our servicemembers and veterans. In fact, you noted, in
response to the Committee's questionnaire, that you have come
to consider yourself as a soldier's lawyer.
Mr. Greenberg. Yes.
Chairman Murray. How would you respond to those who would
question your ability to be impartial, given your record of
strong advocacy on behalf of servicemembers and their----
Mr. Greenberg. That is a very good question, Chairman.
Sorry. As you will also note from my record of 45 years, it
seems like a long time, but I feel, looking in that mirror, as
if I am looking at a 25-year-old lawyer with enthusiasm. My
wife will disagree. She can see me from the back----
[Laughter.]
Mr. Greenberg [continuing]. And knows that a lot of
poundage has increased over those years.
But my view is that I have taken an oath as a soldier, as a
lawyer, as a crime commissioner, as Chairman of the RFPB, and
when I take those oaths, I think I have adhered to those oaths.
So there may be an inconsistency in all the things that I have
done over the course of a very long career, but I believe in my
heart of hearts, without question, having seen judges,
appellate and trial judges, knowing them as lawyers before they
were in those positions, that I can fairly, impartially, and
most importantly, or as importantly, efficiently, meaning
swiftly, adhere to my oath of office, notwithstanding the fact
that I have been an advocate exclusively for lawyers--excuse
me, for soldiers--when it is a soldier case.
Chairman Murray. OK. I appreciate that very much.
Mr. Kelly, let me turn to you. Last year, Congress passed
and the President signed into law the VOW to Hire Heroes Act.
That legislation included provisions like mandatory TAP and
increased education and training opportunities for our
servicemembers and veterans and underscores the real need for
Labor and Defense and VA to work together to address
unemployment for our veterans. In your opinion, what can these
departments do and how will you work collaboratively to ease
the transition between military and civilian life?
Mr. Kelly. Thank you, Chairwoman Murray. You have hit on a
very specific and important thing, the collaboration of working
together between the agencies. I am most familiar with the role
of the U.S. Department of Labor and veterans' issues. However,
I am fully aware that the Veterans Administration, the
Department of Defense, and I guess Homeland Security have a
piece of that, too.
I will point to how will I address that. I am a very
collaborative sort of person. We all have the very same goal:
that is to treat veterans and, as simply and succinctly as
possible, to get them the best services. We are all on that
same page. And so it is working across the agencies.
My experience, I will point out in Arizona, I ``created''
the Arizona Department of Agriculture after the legislature
mandated the situation of creating a cabinet-level department.
It was four very different cultures that were brought together:
the Arizona Livestock Board; the Arizona Ag and Horticulture
Commission; and two other boards and one other commission, to
make a cohesive department that has different cultures.
My other sense is that we all have our expertise in life--I
am mostly familiar with the Department of Labor and Industry in
our State--and throughout the country are experts, and I
recognize that, as such; and with regards to employment and
training across the gamut for whomever it is, and now with
specific emphasis and a priority of service given to veterans.
So I really look forward to working with my counterparts in
the appropriate way in these other major agencies of the
Federal Government. I welcome it. We are all headed to the same
place. Thank you.
Chairman Murray. OK. I have used my time. I am going to
turn it over to Senator Burr.
Senator Burr. Thank you, Chairman.
To both of you, thank you for your service to the country.
Mr. Greenberg. Thank you, Senator.
Senator Burr. Mr. Kelly, we have exhausted a lot of
questions and answers and the only thing that I missed in my
conversation with you was that you were friends with Tester.
[Laughter.]
Now, that might have generated a different line of
questions to cover, but I will overlook that and I will move to
Mr. Greenberg.
Mr. Greenberg, I mentioned that I hope Congress will soon
pass legislation requiring judges of the Veterans Court to live
in the D.C. area, where the court is located. The current Chief
Judge expressed his belief that, ``the idea of residency
requirement in the area is the encouragement of the members to
recognize that the court's presence is here at the chambers or
here, the court staff are here, their hearing room is here, and
that you can come to agreement better when you see eye to
eye.'' Do you have any disagreement with that?
Mr. Greenberg. Not at all.
Senator Burr. Good. Mr. Greenberg, you also indicated in
your statement earlier, you have worked in the legal profession
for almost four decades and served in the Army for 27 years as
a Reservist. After such a long and successful career, what led
you to want to do this?
Mr. Greenberg. Well, it is a very good question. It is now
45 years. It was four decades when I started my program, and
that is the relationship. That is what makes me want to do
this, is what I have seen over the last 10 years in everyday
practice. I have been in a situation where the Army refuses to
give adjournments to lawyers representing soldiers at their
hearings at Walter Reed, so the Chief Justice of New Jersey and
the Chief Federal Judge said, you are doing good work. You get
the adjournments from the judges and we will let you go to
Washington.
I have just experienced 10 years of working with wounded
and injured soldiers that convinced me that after a lifetime in
private practice with these other public service commitments,
all of which were part-time; and when the opportunity,
honestly, arose through the President and Senator Menendez, I
said yes, with alacrity.
Senator Burr. I appreciate that answer. You were the one
who alluded to how long in the tooth you might be getting.
Mr. Greenberg. Yes.
Senator Burr. I just remind you that this is a 15-year
term----
Mr. Greenberg. Yes.
Senator Burr [continuing]. And it has an exit point after
ten. But I just want to make sure, and I am sure you are astute
enough to recognize the fact that after that 10 years, there is
the likelihood that a Chief Judge can recall a judge back to
the bench. Just understanding that that comes with the duties,
you are comfortable with that?
Mr. Greenberg. They are going to have to pry my cold hand
from the gavel at age 85, if I am confirmed and live that long.
The rule of 80 does not interest me at all, Senator.
Senator Burr. That probably is more in your wife's hands.
Mr. Greenberg. Well, that is right. [Laughter.]
Senator Burr. As you mentioned, a judge needs to be
impartial in their decisions. So permit me to explore a few of
your quotes and your answers to questions.
In 2009, you were quoted as saying the disability system
for military personnel should be overhauled because, ``creates
this way of looking at things so that individuals at fairly low
levels think they are saving the government money by haggling
with wounded soldiers.'' Let me just give you an opportunity to
clarify. Do you believe that government employees are
intentionally providing inadequate ratings just to save money?
Mr. Greenberg. No. By the way, that was addressed to the
military evaluation system, the so-called MEB/PEB side of
things, rather than the veterans' side, although I will say, in
fairness, that it could be applied. I do not think there is any
ill will. I do not think there is any animus toward soldiers or
veterans. I think there are probably a lot of reasons for it.
But in my personal experience, the inclination, rather than--
seems to be one of looking at a claim from an insurance company
standpoint as opposed to a, what I would hope would be perhaps
an irrebuttable presumption, but a presumption nonetheless, in
favor of the soldier or the veteran. That is the point I was
trying to make and that is--I hope I am clarifying it.
Senator Burr. Sure. Along the same lines, you have said
that servicemembers who are being medically discharged from the
military should not have to prove the extent of their
disabilities in order to receive benefits. In fact, in response
to a prehearing question, you said that you believe, ``the
medically unfit soldier should receive 100 percent
compensation.'' Now, how would that belief impact your ability
to be impartial when it comes to decisions in front of the
court?
Mr. Greenberg. Twofold, Senator, if I may.
Senator Burr. Sure.
Mr. Greenberg. Senator, one, that does relate exclusively
to the military side, and I have always had a philosophical
view that if--and a practical view in arguing these cases at
Walter Reed, which is the hearing location that begins the
process, or is in the middle of it--that if you are medically
unfit, why are we talking about percentages, which is an
entirely different thing than on the veterans' side, where you
have a service-connected condition or disability and where a
percentage of that disability is a relevant consideration. You
are either fit or unfit, in my philosophical view, on the
military side.
To answer part two of the question that you posed, Senator,
I have no difficulty--once I take the oath--I have been an
advocate all my life. I have also been in a position as a
Commissioner, as the Chairman of the RFPB, to listen to all
sides and make recommendations. In this case, if honored to be
confirmed and I take that oath, I take the oath seriously.
Senator Burr. So you would have no problem ruling against a
disabled veteran seeking a higher disability rating if the
facts did not substantiate that?
Mr. Greenberg. Facts and law, exactly.
Senator Burr. My last is question along those lines. You
stated in the prehearing questions, ``the determination of
percentage disabilities, if they are to be retained, should
never be reduced but only increased if a soldier makes a case
for a change in circumstances.'' Is that, again, just on the
military side, or how would you respond if, in fact, the VA
sought a reduction in benefits and the substantiation was there
for it?
Mr. Greenberg. Again, that is a philosophical point of
view. It is fundamentally the military side. It focused, in my
mind, on the PTSD situation, which I encountered in a great
many cases. But the same answer would be true there, with
respect, Senator--that is, if the law required me as a Federal
appellate judge on this court to make a determination resulting
in a reduction, I would, if the facts dictated it.
I was stating my own personal view that there should be
some repose with the veteran, that if he or she were granted a
certain percentage of disability they should have the comfort
or the knowledge of knowing that that cannot be taken away from
them. I assume that there was a legitimate process which
resulted in the award or the determination, that they went
through the appellate process and came to that conclusion. That
is more philosophy than anything else. And again, if Congress
does not change the law, if the requirements remain the same
and it can go up and down, it would be determined on a case-by-
case factual basis.
Senator Burr. OK. My clock is broken. My time has probably
run out. But since my clock is broken, I am going to ask one
more question.
Mr. Greenberg. Yes, sir.
Senator Burr. The Chairman already alluded to this. During
2011, it took an average of 584 days for an appellant to
receive a single-judge decision from the Veterans Court and it
took 763 days for an appellant to receive a decision by a panel
of judges. Based upon your years of litigation experience, can
you set what you think is a reasonable timeframe for the court
to make a decision?
Mr. Greenberg. A lot less than that. I cannot quantify it--
--
Senator Burr. I think that----
Mr. Greenberg. By the way, I took a look at the last report
that was required by Congress, the 2011 report. You might have
more updated information than I do. But as I read it, the
report compares the disposition of cases by this court most
favorably with all other courts of appeal. Now, this is a
specialized court, I understand that, and it is more likely
that you have single-judge dispositions in this court than
panels, and so forth. But if honored to be confirmed, I am
ready to hit the ground running, as I think you alluded to, and
I am sure there is a way, even with what I would anticipate is
a greater increase in the number of appeals, to work it out so
that that length of time, which sounded a little long to me,
Senator, with respect--I am sure you have the facts better than
I do, but----
Senator Burr. I think the Chairman alluded to the fact that
this is the only thing that we have to gauge it on and----
Mr. Greenberg. Yes.
Senator Burr [continuing]. We think it is----
Mr. Greenberg. I think it is too long.
Senator Burr. And I would, on behalf of all of us, solicit
any thoughts that you have on an ongoing basis as to how we can
change that to make sure that our veterans and their families
do not have to wait too long for these decisions, and that is
an ongoing solicitation.
Again, Mr. Kelly, thank you. I will not hold Tester against
you. [Laughter.]
Mr. Greenberg, thank you.
Chairman Murray. I would just add, if that is the right way
to measure these very complex cases, increased workloads. I
think that is a question that needs to be asked, as well. Thank
you very much.
Senator Tester.
Senator Tester. Well, I want to start out by saying thanks
to Ranking Member Burr for his openness.
As long as you are warmed up, Mr. Greenberg, could you, as
concisely as you possibly can, tell me what the position--
describe the position that you are being nominated for.
Mr. Greenberg. It is one of nine judges on the U.S. Court
of Appeals for Veterans Claims, an Article I court, meaning I
do not serve during good behavior. I serve for a fixed term of
15 years. It has an extremely narrow jurisdiction set by
Congress, which I fully understand and understood when I was
asked if I would be willing to serve on this board, if
nominated and confirmed. And that narrow jurisdiction,
relatively speaking, is to make legal and constitutional
determinations of the administrative decisions below and not to
substitute the court's judgment on a de novo basis for that
made by the agency below. That is in the statute. That is how I
understand it.
Senator Tester. Very good. They have talked about backlogs.
They have talked about your background, and I applaud you both
for what you have done. One of the things--and I am not an
attorney--from the job that you have described that I think
would be very, very difficult is people who are appealing a
previous decision that have an unseen injury, Post Traumatic
Stress Disorder, a Traumatic Brain Injury, the signature
injuries coming out of Iraq and now Afghanistan. What criteria
do you use in that particular case to make a decision to
determine whether you are going to rule on the side of the
soldier or----
Mr. Greenberg. Well, again, this is an appellate court and
the determination is made on the record made below. That is why
there are a great number of remands for additional information
or additional testimony or evidence, whatever it is. Remember--
I hope I am answering your question--there is no statute of
limitations on a veteran making an initial claim. The problem
begins to develop once you are within the system, and that is
where these time limits become important to the veterans'
claims. So if you go all the way through the court and then
develop this condition, which the onset may not come for
years----
Senator Tester. That is correct.
Mr. Greenberg [continuing]. You can start all over again
and add that. But I would--it is not up to me, it is really up
to Congress--make a determination as to how to either allow a
consolidation of the new claim or expand upon that claim at any
point in the judicial process, in other words, while the case
is pending before the court.
Senator Tester. OK.
Mr. Greenberg. So that is up to Congress to do, not up to
the court.
Senator Tester. I have got you. That is fine.
Mr. Kelly, you know all too well the unemployment rates.
Montana fares a little better than most of the country, but the
fact is that it is unacceptably high in the private sector and
it is particularly unacceptably high amongst our veterans, and
if you want to add Native Americans on top of that, it
continues to get higher and higher. You have been addressing
this issue for some time. I guess what I would ask is, having
served at the State level, what lessons have you learned?
Mr. Kelly. Thank you, Chairwoman Murray, Senator Tester.
The last 8 years in this economy, this economic hiccup that we
went through, I have learned a lot. Of course, the unemployment
piece is within the Department of Labor and Industry in
Montana, as well, with all the extended unemployment benefits.
As the rural State that Montana is, it is always a challenge of
providing services out there to the people.
And what I guess I have learned most, and I want to
compliment both the Chair and the Vice Chair, with regards to
one of the hiccups on licensing and those things that go along
with certifications, is kind of a key point to keep moving this
and getting these veterans brought back into the workforce
somehow. There has got to be a better way. Montana is a little
unique from most State labor departments, but the professional
occupational licensings are within the jurisdiction of the
Department of Labor and Industry and that is clearly
something--there are 50 State laws to look at with the rules
and policies and regulations and who can be an EMT or who can
be a truck driver, and so the gatekeepers there at those States
need to be synchronized, and I look forward to working with the
States to get that, which seems to be a very fixable piece to
address.
In Montana, I think the biggest challenge is unemployment,
and I think we just now are going to announce coming underneath
6 percent. And with that is some of the training that this
handicap or this impediment that is out there for those people
who could certainly work in the oil patch between North Dakota
that has certainly moved into Montana. In a lot of those
positions, there just seems like, to me, there is some common
sense type of work activity there.
And so I--you know, on the ground and delivering these
services, it is always a challenge, the collaboration. We have
those same challenges at the State Government level that you
pointed out here at the Federal level, and that I have learned,
as well, and have been able to navigate through most of them.
Senator Tester. My time is up.
Chairman Murray. Senator Isakson.
STATEMENT OF HON. JOHNNY ISAKSON,
U.S. SENATOR FROM GEORGIA
Senator Isakson. Mr. Kelly, I like Jon Tester, so I have no
problem whatsoever.
[Laughter.]
Mr. Kelly. So do I.
Senator Isakson. He is a great Member of the Committee and
the Senate.
As you know, last year, we made the TAP program mandatory
in terms of transition assistance.
Mr. Greenberg. Yes.
Senator Isakson. One of the reasons we did that was because
there seemed to be a black hole that veterans fall in between
finding opportunities and being prepared for those
opportunities. What will you do in your position to close that
black hole and assure opportunity and preparation are major
efforts of the Department of Labor and the Department of
Defense for our veterans?
Mr. Kelly. Thank you, Senator Isakson. I applaud the effort
that is ongoing right now, in the whole rework of the TAP and
the mandatory piece in that, to really keep that moving.
As front-end as we can, and on the back end, to make sure
that these people are exposed to TAP, I really applaud and like
the idea that they do that in a military setting for the very
first, initial time, because the culture in the military
setting--you are pretty well managed in the military culture to
the point of blowing taps at six o'clock in the morning to get
up. So now they are transitioning into a whole civilian life
where more of the accountability and responsibility falls to
them, and I think them being aware of that sooner than later is
better. The whole TAPS rewrite as I understand it is just
underway of finalizing, kind of getting rolled up with the
Department of Labor's piece is very important.
The other part, which I tried to emphasize in my testimony
is the inclusiveness of the whole family, which I think is very
important. It was in our case. I can look back at that and that
struggle. I have witnessed it with big mass layoffs in certain
other places there. The networking that spouses do can help
move the various things along is critically important.
So my sense is, and I am not an expert on that, but it does
seem to be removed with regard to TAPS, that we are kind of
working across the agencies better and getting the total
picture more holistically of the resources that should be
available to these veterans to go forward. That is my sense of
it.
We in Montana, I think, probably--going back to what
Senator Tester said about other lessons learned--we get about
40 percent that come in the door of the local one-stop job
service office. The other 60 percent, where are they at? That
has been a challenge and a problem, and I think I have shared
that with--I think it was Senator Burr--that that is the sacred
DD-214. That starts a lot of things up. We are finally getting
that so we can help track that. It is the data that--and
running these people is not the right word, but being able to
know their last address or telephone number or contact number
is critically important.
So, hopefully, I think the cap is certainly positive and we
are moving in a good direction. It seems to me that it is well
underway and I am encouraged to work with Congress, review it,
see where it is really working, what are the unintended
consequences, and keep pushing to make a more streamlined
process.
Senator Isakson. Well, we appreciate your service to the
country and your taking on this responsibility.
Mr. Greenberg----
Mr. Greenberg. Yes, Senator.
Senator Isakson [continuing]. Your November 9, 2009,
article in the Star-Ledger is what probably prompted both the
Chairman and the Ranking Member's question about ``can you
handle these decisions objectively because you were so
passionate in your advocacy about the system.'' I am not a
lawyer, but I learned a long time ago that a lawyer's judgment
is directly proportionate to who is paying him. So I assume you
understand that you will be paid by the American taxpayer in
your new job and that is the way, yes, that will ensure your
objectivity in those decisions.
Mr. Greenberg. Yes.
Senator Isakson. Good. I happen to share a lot of the
passion that you had in that particular article and I hope you
will take, as a judge and an arbiter of individual decisions,
some time to help advocate on what we can do to compress the
time to go from the serviceman being injured to he or she
getting a determination of disability. It is really offensive
to me that we have not been able to shorten the time. I know we
have to have a judicial review. I know we have to have medical
review. I know a lot of these are sort of tissue injuries, not
broken bones. But it is critical, I think, to improve it where
it goes from almost 2 years, if you go through the appeal
process----
Mr. Greenberg. That is right.
Senator Isakson [continuing]. To some reasonable period of
time, because these people have given everything for the
country. We owe them the benefits that they have fought for and
earned, and we owe them an expedited review that is judicious.
You are a very outspoken individual and I read what you
said about Fort Hood and that tragedy. I have read some of the
things that you have done. I hope you will take that passion
and be an advocate to the Veterans Administration as to how
they can better expedite these claims. You will be reviewing
these claims and be making judgments on appeals, which means
you will have the whole fact record before you. Be an outspoken
judge, just as you have been an outspoken lawyer, and just
remember who is paying you when you make those decisions.
Mr. Greenberg. I will, Senator. Thank you very much.
Actually, if I may, Chairman, just respond to the Senator.
If I may add, I do not ever anticipate losing the passion or
objectivity. I have to exercise objectivity in every case.
Shall we settle, I say to my client. We had terrific results
because we have won below or we have gotten an adequate award
for them. But I would bring, I think, 45 years of that
function, the concept of being an advocate, being in a
courtroom, dealing with judges, adversaries, clients, to this
particular unique set of circumstances. I view that as a plus
in my qualifications, with great respect, Senator, that I will
not lightly lose that enthusiasm regardless of age or who is
paying me, and I understand who is paying me and I understand
the role of a judge.
Senator Isakson. Well, I appreciate that answer, and my
time is up, but let me just end with a comment. You have a
unique opportunity to be a change agent. You have been on every
side of the issue, from representing the veteran to
representing the taxpayer. You are going to review every bit of
the process from the time of entry to the time of decision. So
you have the opportunity, if you take advantage of it, to
advocate for changes we can make as a government in our system
to improve the efficiency with which we make these decisions
and, I think, be much more fair to our veterans. So I hope you
will do that.
Mr. Greenberg. Thank you, Senator.
Chairman Murray. Well stated, Senator Isakson. Thank you.
Senator Begich.
STATEMENT OF HON. MARK BEGICH,
U.S. SENATOR FROM ALASKA
Senator Begich. Thank you very much.
Let me follow, if I can, on that, Mr. Greenberg, and thank
you for your willingness to put your name forward and serve. We
have talked a lot here about the appeal process and how to
improve it, or that we all want to improve it, that we want to
make it more efficient. Can you--maybe it is too early, but my
guess is that your mind is already working in hope of being
appointed--what do you see as some specific ideas, and maybe
you cannot do it right now, but some specific ideas that you
see to really improve the system so when those cases do come
before you, that they can be dealt with in a fairly decent
manner, but also the system prior to that. Do you have any
specific thoughts?
My guess is your mind is kind of working on it. As you
probably got the suggestion of being appointed to this
position, you have been thinking of all these things and you
are anxious to kind of probably get to work. But do you have
any thoughts on the specifics? I know we have talked all
about--we all are on the same page here, improving the system--
--
Mr. Greenberg. Yes, and I appreciate the question, Senator.
I would not presume--A, I have not been confirmed----
Senator Begich. Correct.
Mr. Greenberg. B, I have not served 1 day on that court----
Senator Begich. Fair.
Mr. Greenberg [continuing]. And so I would not presume to--
--
Senator Begich. Have all----
Mr. Greenberg [continuing]. Substitute my judgment----
Senator Begich. Sure.
Mr. Greenberg [continuing]. For those of people with
experience. But what I have done is been a lawyer all these
years and seen how courts of all kinds, all----
Senator Begich. Right.
Mr. Greenberg [continuing]. And I think the mere fact that
a person from the private sector with this long record that I
have in and of itself may prove to be a beneficial example. Let
us apply some of the things that happen in everyday courtrooms
and everyday appellate courts to this specialized court. That
is number 1.
I mean, there is no substitute, as I said, for the personal
relationship, and there is no substitute for collegiality or a
feeling that someone is bringing something that we have not had
before. Again, I would never presume to substitute my
experience or judgment for those who sit there. I believe in
collegiality, but I also believe that it is a good thing to get
somebody from a different background every now and then,
particularly on a specialized court such as this.
Senator Begich. Thank you, Mr. Greenberg.
Let me follow up to the Ranking Member's comment regarding
presence here, being here, having the court here, but let me
take you now to an extreme situation. I come from Alaska, which
is very rural. We utilize video-teleconferencing quite a bit
from hearings to medicine to education. Are you--tell me your
feelings on that. You know, to be frank with you, to have a
veteran come from a small village in Alaska to have to deal
with their case in this body here in Washington, DC, spending,
my guess would be, based on my own experience, if you travel
from a small village to Washington, DC, that experience, being
here 3-4 days, could be $6,000 or $7,000: hotel, travel, time
away. It is very expensive.
Mr. Greenberg. It is.
Senator Begich. So, tell me your view on how to utilize
video-teleconferencing and would you be seeing that as an
opportunity, recognizing no one is denied that right to come
face to face. So tell me your thoughts on that.
Mr. Greenberg. Well, I will answer your question this way,
and then if you would like, I would comment on the implication
of the Ranking Member's question, as well.
Number 1, I do not have any difficulty with that. You have
that--the big Ninth Circuit includes Alaska----
Senator Begich. That is right.
Mr. Greenberg [continuing]. And goes all the way down the
coast. You cannot have a bigger circuit geographically than
that. So that presents problems. The much maligned Ninth
Circuit, I might say, has done a very good job on that Veterans
for Common Sense opinion that they then reversed. I may be
going off topic a little here, but----
Senator Begich. I feel your passion.
Mr. Greenberg [continuing]. But it was reversed by the
court, so that will be the rule. That will be the law.
As to making available either individual judges or panels
of judges to ride the circuit and handle--I think it has to be
done efficiently, when you have a whole group of cases. We are
going to sit here for 3 days in the far West or the Midwest or
wherever, and we are going to hear these cases, then we are
going to take them back to Washington to decide. I have no
difficulty with that, with the use of very sophisticated
technological abilities.
But, to answer Senator Burr's question, I do not see how
the court can work unless it comes together and meets on a
regular, daily basis----
Senator Begich. As a body.
Mr. Greenberg [continuing]. Here, as a body, in Washington.
Senator Begich. Very good.
Mr. Greenberg. That is my view.
Senator Begich. OK. Mr. Kelly, let me--and I appreciate the
position and I appreciate that you are from Montana for a lot
of reasons, and because it is a rural State. I would tell Jon,
not as rural as Alaska, but we would debate that all the time,
and we do. Both of our States have a sizable amount of veterans
per capita, the highest in the Nation. And the last occupant of
your position, Ray Jefferson, we had him come up to Alaska. I
encourage, I invite you up there. He came in February. That
gave him a lot of extra points, just to say that out loud here.
So think about that. Winter is better, extra points, but you
have been in Montana, so you are used to it.
I would ask you to come up there, but on a larger issue,
more and more veterans are living in rural parts of our
country, Alaska, Montana, North Dakota, so forth and so on. Do
you have any specific kind of thoughts of how you will go after
that group to make sure they have the ability to be employed,
and knowing that you have Department of Labor programs, you
have VA programs, you have programs in HHS--I mean, there are
all these different programs around--how you can help
crystalize those programs and hone them to really help our
veterans in rural areas.
Mr. Kelly. Well, thank you, Senator; and I really do look
forward, even if it is February, coming to Alaska. I look
forward to it. And I have the same challenges that your
veterans in Alaska have, which is transportation, getting from
here to there.
Senator Begich. That is right.
Mr. Kelly. As you know, it is not easy. Our gateway is
through Seattle to most things happening in Alaska, and I look
forward to that.
Senator Begich. That is good.
Mr. Kelly. And I think it was mentioned here, House
Resolution 4072, that we try to work forward with the ideas
that you may have here, that helps us within the Federal
Government, across the multiple agencies that are serving
veterans, to make a more seamless product. I am anxious to work
with the VA. I am anxious to work with the Defense Department
to see where the pieces are, that we would all bring our
expertise to the table. Where do we together say, you know, the
goal is the same. Where can we find ways to streamline that
whole process?
Specifically to rural veterans, Montana is in the very same
situation, and I think of it as a lesson learned. The State of
Montana has 23 job service offices--600-and-some miles across,
400 miles this way--scattered across a very rural State, and a
total of combined 12 DVOPs and LVERs. Now, of course, you
assign them to work some of the highest needs and priorities,
like the air base in Great Falls would obviously be one, and,
of course, one of the major metropolitan areas on a Montana
standard, Billings, Montana. But we also need to be mindful of
the person up in Glasgow, Montana, which is a long ways from
anywhere.
And with that, through our workforce services, that is why
my experience, which I am committed to, is that we have the
Wagner-Peyser, the Workforce Investment Act, those local one-
stop shops there, where our DVOPs and LVERs are co-located, at
least in Montana, to provide that service. The scarce resources
we have all been faced with in the last decade, my experience
in my 8 years here is to be innovative and creative, knowing
you have got to cover all the bases; and with those DVOPs and
LVERs and other resource personnel, so we are not spending all
the windshield time running somebody out from here to there.
The other piece that was mentioned, I think, was the
technology idea. My sense is that there is nothing better than
personal, face-to-face time. My experience has been that.
However, I do recognize in this world, and there is a whole
generation out there that is very comfortable with the newer
technology, that you can address isolated parts of Montana that
probably had no option before, or an isolated part of frontier
Alaska that there were no options for.
So with the technology, we have Internet, too. I know you
do in Alaska. And I know that probably you can now stream into
some of these places that----
Senator Begich. Right.
Mr. Kelly [continuing]. I am not sure what the challenges
were 10 or 15 years ago. They just probably did not spend the
several thousand dollars to come and make an argument. And so
technology is helping us, I think, kind of interconnecting us
together some, most of it in a good way, I hope.
Senator Begich. Let me just say thank you very much, and
again, I look forward to hopefully both of you being confirmed.
We will talk more as you get, hopefully, into office, and spend
the time discussing what we can do to make sure all these
different departments are coordinated on job opportunities for
our veterans. Thank you very much.
Mr. Kelly. Thank you.
Chairman Murray. Thank you very much, Senator Begich.
I just had one last question for you, Mr. Kelly. You are up
for nomination to an agency and department that is extremely
important to many Members of this Committee, I think to the
country, in terms of making sure that our veterans are
employed. It is what I hear when I talk to veterans everywhere,
that one of their biggest concerns is getting a job, and you
will be overseeing an agency that has a lot to do with that. So
my question really to you is, day one, what is going to be your
priority?
Mr. Kelly. Thank you. Day one, the priority is
collaboration, to visit with the Congressional people that know
a lot more about this and the issues that you face and the
stakeholders; to really ask, where are the impediments, the
true impediments, to better understand and develop the
information to get that service to people. I have a sense of
it, a personal sense of what it is. Some of it is the barriers
for these people who cannot get to training. It is a personal
barrier. I watch it from running a State agency. And so
outreach to all of those stakeholders, especially, you know,
The American Legion, VFW, the Vietnam veterans groups, that
they probably have got a pretty good body of information. Here
is where the hiccups are in the system and here is what you
need to do to address them; to get that collaborative effort
going.
And at the same time and in parallel on day one is to start
the process of working with Congress. I applaud you folks for
all the things that you have done trying to get us all on the
same page, working better together, and I am really anxious to
work on that piece of it with our other Federal stakeholders
here.
Chairman Murray. What do you think the biggest challenge is
today?
Mr. Kelly. Today? Chairwoman, I have served in
bureaucracies a long time. Somehow, we can get ourselves, I
will not use the word ``stovepiped,'' but we can get the
barriers up with laws and regulations. The point you made in
here on certification and licenses is a classic example. Fifty
States are following specifically the laws that are before
them, that they have promulgated by their boards and what not,
on what it takes to become an EMT in Montana or Washington or
someplace else, and that creates a real roadblock, I see. That
is one example with regards to what we are trying to do to
provide service in the cross-certification and cross-licensure
that veterans are faced with.
I read the papers, too. It is very obvious to me that,
somehow, in the eyes of the public, we have failed, or not the
word ``failed.'' It is a quantum leap from the Vietnam days. We
have recognized the veterans now. It is time for us to say,
welcome here, and here is something I can do for you.
An improving job market in the holistic sense will help
take care of that. The training out there and the certification
and licensure, it seems to me from visiting with several of you
in the past several days, it seems to be kind of a point that I
think is a problem.
Chairman Murray. Thank you. Thank you very much, both of
you.
Senator Burr, did you have any additional questions?
Senator Burr. No.
Chairman Murray. Senator Tester?
Senator Tester. You actually asked them.
Chairman Murray. All right. Very good.
Well, I want to thank both of our nominees for being here
today and for answering our questions, and most importantly,
thank you for your desire to serve our Nation's veterans. The
importance of these nominations cannot be stressed enough. It
is critical to put in place permanent leadership at VETS and
provide the court with needed support, so Senator Burr, I look
forward to working with you on moving these nominations in an
expeditious way.
With that, this hearing is adjourned.
[Whereupon, at 11:18 a.m., the Committee was adjourned.]
A P P E N D I X
----------
Letter of Support from Charles McGlew, Founder,
Workforce Data Services LLC
From: [email protected]
To: VAEmail (Veterans Affairs)
Subject: WebSite Email
Date: Sunday, December 02, 2012 2:44:15 PM
Mr. Charles McGlew
4027 Centennial Drive
Broomfield, CO 80023
Re: Confirmation Hearing for Keith Kelly
I strongly encourage the Senate Committee on Veterans' Affairs to
confirm the appointment of Mr. Keith Kelly to be the Assistant
Secretary for Veterans Employment and Training within the ETA of the
USDOL.
I am a veteran and was an Unemployment Insurance Director for the
Connecticut DOL for many years. I had the pleasure of working with Mr.
Kelly in his position as Commissioner of the Montana DOL. In the past
few years in my position as a workforce development consultant I have
had many occasions to meet with Mr. Kelly and discuss topics relating
to workforce development in general and with regard to issues facing
veterans.
In my experience Mr. Kelly is an able administrator, has expert
insight into issues relating to veterans employment, and will provide
the leadership and expertise to ensure that veterans employment and
training issues are addressed at the national level and throughout the
state networks of workforce development agencies.
Thank you.