WICHITA–A former director of the masters of business administration program at Pittsburg State University was sentenced Monday to 18 months in federal prison for wire fraud and money laundering, U.S. Attorney Barry Grissom said in a news release. He was ordered to pay $148,430 in restitution.

Michael Muoghalu, 61, Pittsburg, pleaded guilty to one count of wire fraud and one count of money laundering. In his plea, he admitted the crimes occurred while he was responsible for managing the graduate student exchange program between Pittsburg State University and schools in Nigeria.

Muoghalu and an associate in Nigeria created fictitious documents and presented them to Pittsburg State representing that certain Nigerian students had completed undergraduate work and were eligible to take part in the university’s Nigerian exchange student program.

Pittsburg State required the Nigerian students to pay a deposit at the time they were initially accepted into the program. Later, the university would refund a portion of the student’s deposit. After the refund was authorized, Muoghalu falsely represented to Nigerian students that they must pay him or his associates a fee for representing them in the admission process.

Grissom commended the FBI and Assistant U.S. Attorney Alan Metzger for their work on the case.

A Butler county woman Thursday became the second person to plead guilty to a federal charge of stealing more than $1.2 million from Presbyterian Manors of Mid-America, U.S. Attorney Barry Grissom said in a news release. The Wichita-based company owns assisted living centers in Kansas and Missouri.

Lori A. Shryock, 50, Augusta, pleaded guilty to one count of mail fraud. Shryock’s husband and co-defendant, Brent A. Shryock, 44, Augusta, pleaded guilty last month and is scheduled for sentencing Aug. 6.

In their pleas, they admitted the crime occurred while Brent Shryock was employed as information systems director for PMMA. He was in charge of all computers, telephones, video information and electronic equipment, including the purchase of new or replacement equipment for PMMA, Presbyterian Manor, Aberdeen and Ashfield facilities.

Brent Shryock created four fictitious companies, two of which were called Innovative Software Solutions and LGR Technologies. He directed payment to be mailed to those companies at post office boxes. Lori Shryock opened the two post office boxes where the checks were mailed. Either Brent or Lori Shryock would retrieve the payments and deposit them into the Shryocks’ personal accounts. The resulting loss to PMMA totaled $1.2 million.

Lori Shryock is scheduled for sentencing Aug. 24. She faces a penalty of up to 20 years in federal prison and a fine up to $250,000.

Grissom commended the FBI and Assistant U.S. Attorney Alan Metzger for their work on the case.

Kansas Department of Wildlife, Parks and Tourism

PRATT–Free Fishing Weekend, hosted by the Kansas Department of Wildlife, Parks and Tourism, is the perfect opportunity to introduce someone to the joys of angling. Typically held the first full weekend in June each year, free fishing weekends are two-day periods when fishing licenses are not required to fish Kansas lakes and reservoirs. Free Fishing Weekend for 2015 is June 6 and 7. Although license requirements are waived for the weekend, anglers must still abide by all other regulations such as length and creel limits, equipment requirements, etc.

If you’re looking for a place to drop a line during Free Fishing Weekend, visit ksoutdoors.com/fishing and click “Where To Fish” for a list of fishing locations near you.

After you’ve found an ideal spot or two, consult the 2015 Kansas Fishing Regulations Summary prior to hitting the water. The summary contains vital information specific to all public waters and even has some handy tips and tricks on tying knots and identifying fish. View an electronic version at ksoutdoors.com/fishing, or pick up a hard-copy at your nearest license vendor.

With the right location, a variety of baits to choose from, and some cooperative weather, Kansas fishing can be a blast. Give it a try; we can bet you’ll be hooked.

Already a believer? Head over to your nearest license vendor, or ksoutdoors.com/fishing, to purchase your 2015 fishing license today and enjoy reeling in these flippery friends all year long. Resident annual fishing licenses can be purchased for $20.50.

WASHINGTON–The Environmental Protection Agency (EPA) is releasing a draft assessment today on the potential impacts of hydraulic fracturing activities on drinking water resources in the United States.

The assessment, done at the request of Congress, shows that while hydraulic fracturing activities in the U.S. are carried out in a way that have not led to widespread, systemic impacts on drinking water resources, there are potential vulnerabilities in the water lifecycle that could impact drinking water.

The assessment follows the water used for hydraulic fracturing from water acquisition, chemical mixing at the well pad site, well injection of fracking fluids, the collection of hydraulic fracturing wastewater (including flowback and produced water), and wastewater treatment and disposal [https://www2.epa.gov/hfstudy/hydraulic-fracturing-water-cycle].

“EPA’s draft assessment will give state regulators, tribes and local communities and industry around the country a critical resource to identify how best to protect public health and their drinking water resources,” said Dr. Thomas A. Burke, EPA’s Science Advisor and Deputy Assistant Administrator of EPA’s Office of Research and Development. “It is the most complete compilation of scientific data to date, including over 950 sources of information, published papers, numerous technical reports, information from stakeholders and peer-reviewed EPA scientific reports.”

EPA’s review of data sources available to the agency found specific instances where well integrity and waste water management related to hydraulic fracturing activities impacted drinking water resources, but they were small compared to the large number of hydraulically fractured wells across the country. The report provides valuable information about potential vulnerabilities, some of which are not unique to hydraulic fracturing, to drinking water resources, but was not designed to be a list of documented impacts.

These vulnerabilities to drinking water resources include:

• water withdrawals in areas with low water availability
• hydraulic fracturing conducted directly into formations containing drinking water resources
• inadequately cased or cemented wells resulting in below ground migration of gases and liquids
• inadequately treated wastewater discharged into drinking water resources
• spills of hydraulic fluids and hydraulic fracturing wastewater, including flowback and produced water

Also released today were nine peer-reviewed EPA scientific reports. These reports were a part of EPA’s overall hydraulic fracturing drinking water study and contributed to the findings outlined in the draft assessment. Over 20 peer-reviewed articles or reports were published as part of this study [https://www2.epa.gov/hfstudy/published-scientific-papers].

States play a primary role in regulating most natural gas and oil development. EPA’s authority is limited by statutory or regulatory exemptions under the Clean Water Act, Safe Drinking Water Act, the Comprehensive Environmental Response, Compensation and Liability Act, and the Resource Conservation and Recovery Act. Where EPA’s exemptions exist, states may have authority to regulate unconventional oil and gas extraction activities under their own state laws.

EPA’s draft assessment benefited from extensive stakeholder engagement conducted across the country with states, tribes, industry, non-governmental organizations, the scientific community and the public to ensure that the draft assessment reflects current practices in hydraulic fracturing and utilizes all data and information available to the agency.

The study will be finalized after review by the Science Advisory Board and public review and comment. The Federal Register Notice with information on the SAB review and how to comment on the draft assessment will be published on Friday June 5, 2015.

For a copy of the study, visit www.epa.gov/hfstudy.

To submit comments on the report, see https://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/HF%20Drinking%20Water%20Assessment?OpenDocument

Kansas Department of Commerce

TOPEKA–The Kansas Department of Commerce Office of Minority and Women Business Development will continue to accept nominations for Minority Enterprise Development (MED) Week awards through July 17. The Department is accepting nominations for Kansas minority and/or women owned businesses, advocates, young entrepreneurs and corporations. Nominees will be recognized at the annual Kansas Minority and Women Business Awards Luncheon to be held on Oct. 13 at the Capitol Plaza Hotel in Topeka.

The deadline to nominate a business or individual is Friday, July 17. Online nomination forms can be accessed at KansasCommerce.com/MEDweek. To request a hard copy of the form, please contact Rhonda Harris at [email protected] or (785) 296-3425. All forms submitted by mail must be postmarked by July 17. Forms can be mailed to Rhonda Harris, Office of Minority and Women Business Development, Kansas Department of Commerce, 1000 S.W. Jackson St., Suite 100, Topeka, KS 66612; faxed to (785) 296-3490; or emailed to [email protected].

The Office of Minority and Women Business Development provides assistance in business management, identifying resources for financing and establishing contacts in the public and private sectors. The office is responsible for certifying minority- and women-owned businesses as small disadvantaged businesses for procurement and subcontracting opportunities.

(A list of 2014 winners follows.)

2014 Women-Owned Businesses of the Year
· RFB Construction Co. Inc. – Pittsburg (Construction Firm)

· Global Aviation Technologies, LLC – Wichita (Manufacturing Firm)

· New Birth Company, LLC – Overland Park (Professional Service Firm)

· Prairiebrooke Arts – Overland Park (Retail Firm)

· R Wilson Chiropractic Center, PA – El Dorado (Service Industry Firm)

· Premier Promotions, LLC – Leawood (Supplier/Distributor Firm)

2014 Minority-Owned Businesses of the Year
· Agua Fina Irrigation & Landscape, LLC – Kansas City (Construction Firm)

· MASS Medical Storage, LLC – Lenexa (Manufacturing Firm)

· Chelsoft Solutions Co. – Olathe (Professional Service Firm)

· Tequilas Mexican Grill – Garden City (Retail Firm)

· God’s Distribution Enterprises, LLC dba Goin’ Postal – Kansas City (Service Industry Firm)

· Evolv Solutions, LLC – Overland Park (Supplier/Distributor Firm)

2014 Women Business Advocate
· Bonnie Fullinwider, Beechcraft Corporation – Wichita

2014 Minority Business Advocate
· Carol Wei, Mid-America Asian Culture Association – Olathe

2014 Young Entrepreneur
· Daryl Bugner, Design Brilliance, LLC – Lawrence

2014 Corporation of the Year
· KCP&L – Kansas City

TOPEKA–The following five bills have been signed into law by Kansas Governor Sam Brownback:

Signed June 2, 2015

· HB 2364: amends the process for selecting board members for the Peck improvement district in Sedgwick and Sumner counties.

· HB 2224: clarifies previous legislation related to the Board of Technical Professionals.

· HB 2124: contains a series of technical amendments to ensure the state’s continued compliance with the master settlement agreement with various tobacco industries.

Signed May 29, 2015

· HB 2154: establishes veteran’s preference for private sector employment; allows veterans to pay state tuition rates for post-secondary educational institutions under specific circumstances; and addresses expedited professional certifications for service members or a spouse.

· HB 2095: Creates new compensation limits retired state employees can receive while receiving KPERS; specific professions including police, fire and some teaching positions are exempted from these provisions. The bill also authorizes the deferred retirement option pilot program for the Kansas Highway Patrol.

The Governor has now signed 81 bills into law this session and vetoed one. By law, the Kansas governor has 10 calendar days to sign the bill into law, veto the bill or allow the bill to become law without his or her signature.

WASHINGTON–The Eisenhower Memorial Commission (EMC) today announced that the Honorable Matthew A. Schlapp has joined the Commission’s Advisory Committee. The committee consists of a number of distinguished Americans, all of whom are dedicated to ensuring that the National Eisenhower Memorial is constructed in Washington, DC.

Schlapp has been a prominent advisor in Republican politics, serving as White House Political Director to George W. Bush during the 2004 cycle, and as a Regional Political Director during his 2000 presidential campaign. In 2014, he was unanimously elected Chairman of the American Conservative Union, which hosts CPAC annually and is the nation’s oldest grassroots conservative  organization.

Schlapp is immensely proud of his deep Kansas roots. He grew up in Wichita and
received a master of public administration degree from Wichita State University
after he graduated from the University of Notre Dame. He worked as chief of staff
for former Republican Congressman Todd Tiahrt, Wichita, and led the federal operations for Kansas’s largest company.

All of his siblings reside in Wichita, where his mother once served as vice-mayor.

Schlapp is especially proud that during his tenure as a congressional staffer he helped Todd Tiahrt begin the process that successfully placed a statue of General Eisenhower in the Capitol Rotunda, and assisted Kapaun Mt. Carmel High School in its noble effort to have Chaplain Emil Kapaun, a Kansas priest and POW killed during the Korean War, properly honored with the Medal of Honor.

Schlapp stated, “As a Kansan, and a great admirer of President Eisenhower, it’s
an honor to join my good friend, Senator Pat Roberts, in working to ensure that
the memorial honoring the life and legacy of President Eisenhower is completed
in a way that befits this great leader, warrior, and patriot. Senator Roberts, our
fellow Kansans, and I want the world to always remember that the freedoms we
enjoy today would not be possible without President Eisenhower’s lifetime of
service to our nation.”

Matt and his wife Mercy Viana Schlapp founded Cove Strategies, a legislative,
communications and political consulting firm based in Alexandria, Virginia.

Schlapp sits on a number of corporate and non-profit boards, including The Hugo
Wall School at Wichita State University, The University of Kansas Washington
Intern Program, 60Plus Foundation, Voter Gravity and the American
Conservative Union. He is also an Emeritus Board Member of St. John Vianney
Theological Seminary in Denver, the National Association of Manufacturers and
the U.S. Chamber Political Affairs Committee.

The Schlapps have five young daughters and are members of St. Mary’s Catholic Church in Alexandria. Schlapp is also a member of the Knights of Malta.

EMC Chairman Senator Pat Roberts, (R-KS) commented, “Matt Schlapp is a smart,
dynamic Kansan who knows how to get the job done. He will bring further energy
and dedication to the Eisenhower Memorial effort and we all look forward to
working with him.”

Kansas Insurance Department

TOPEKA–The Kansas Insurance Department announced that proposed premiums for individual and small group health plans in Kansas for 2016 would probably show increases.

The range of requested average rate revisions by insurance companies is from -0.40 percent to 37.78 percent. Those proposed changes are for private insurance company health plans sold on the federal marketplace and also for plans not sold on the government website.

All rate filings are subject to analysis by the insurance department’s Health & Life Division. The insurance companies’ actuarial data and assumptions are reviewed, and all final rates are required to be filed by Aug. 25, 2015, to be included on the 2016 online marketplace. The proposed revisions may not necessarily be the rates charged following the review process.

The plans with proposed premium increases more than 10 percent will be posted on the Kansas Insurance Department website, www.ksinsurance.org, beginning Monday, June 1.

This is the first time since the federal marketplace began that insurance companies have had a full year of claims experience with which to base their proposed premium rate revisions.

For 2016, a total of 97 plans have been proposed for sale during open enrollment in Kansas on the federally-facilitated online marketplace. That number includes 75 individual and 22 small group plans, an increase of 11 individual plan choices and four small group choices from the 2015 marketplace.

Open enrollment begins Nov. 1, 2015, for the 2016 calendar year.

Kansas Department for Children and Families

TOPEKA–Kansas Department for Children and Families (DCF) announces the launch of a mobile version of its website that will allow the public to more easily access information using phones and other small-screen devices (photo below).

The DCF website contains useful information for engaging with the agency, including how to report cases of child abuse or fraud, apply for financial assistance and search for resources.

“At DCF, it is our goal to be accessible and responsive to our clients,” DCF Secretary Phyllis Gilmore said. “This technology update will allow us to better serve our clients by making all the information on our website available to them regardless of whether they’re on a smartphone or a computer.”

In 2014, 40 percent of all visitors to the department’s public website used mobile devices. Now, with automatic sizing, quick menu and search functions, the website will be better suited to the modern user. The mobile site will also more easily connect users with the agency’s social media sites.

The public can still use the same web address at www.dcf.ks.gov.

I LIKE IKE Kansas license plates are hitting the road, providing an opportunity to honor the 34th President of the United States and Abilene native while supporting the Dwight D. Eisenhower Foundation.

The I LIKE IKE distinctive tag is an official license plate generating income for the non-profit Eisenhower Foundation from the license fees collected by the state, according to Meredith Sleichter, the Foundation’s executive officer. The money generated from the I LIKE IKE tags supports the Foundation’s educational programs that preserve and promote the legacy of Dwight D. Eisenhower.

“The cost of getting the I LIKE IKE license plate is a $50 annual donation that comes to the Eisenhower Foundation and is tax deductible,” Sleichter says. “Of course, your regular county tag fees also must be paid.”

An I LIKE IKE distinctive license plate can be obtained at any Kansas county treasurer/motor vehicle office when renewing a license plate or at any time by paying the distinctive plate fees and exchanging an existing plate for the I LIKE IKE plate, according to Dickinson County Treasurer Leah Hern. All distinctive license plates in Kansas also require a one-time $45 fee when first purchased.

Office of the Kansas Governor

TOPEKA–Kansas Governor Sam Brownback has signed seven bills into law.

Bills signed May 27, 2015:

· HB 2106 – amends criminal penalties and procedures under the Kansas Securities Commission Act.

· Senate Substitute for HB 2159 – Changes the fees and time limits for requesting expungement of a DUI or refusal of breathalyzer tests from a person’s record.

· Senate Substitute for Substitute for HB 2170 – the freedom from unsafe restraint and seclusion act states that no student in public schools may be subjected to unwarranted physical restraint or seclusion unless the student presents a reasonable and immediate danger of physical harm to himself or others.

· HB 2233 – provides the secretary of the Kansas Department of Health and Environment with the authority to consider the costs to rate payers when developing a plan for the federal EPA’s Clean Power Plan regulations

· HB 2395 – Increases the threshold for state building projects to $1million before the state building advisory commission becomes involved.

Bills signed May 28, 2015:

· HB 2233 – provides the secretary of the Kansas Department of Health and Environment with the authority to consider the costs to rate payers when developing a plan for the federal EPA’s Clean Power Plan regulations.

· House Substitute for SB 91 — replaces the renewable energy portfolio requirements with a voluntary renewable energy goal, and reduces lifetime property tax exemptions for new properties to 10 years, and excludes individuals or companies that generate electricity from renewable resources from the definition of public utility, unless the taxpayer prefers to remain a public utility, for tax purposes.

The Governor has now signed 75 bills into law this session and vetoed one. By law, the Kansas governor has 10 calendar days to sign the bill into law, veto the bill or allow the bill to become law without his or her signature.

U.S. Environmental Protection Agency

WASHINGTON–In an historic step for the protection of clean water, the U.S. Environmental Protection Agency and the U.S. Army finalized the Clean Water Rule today to clearly protect from pollution and degradation the streams and wetlands that form the foundation of the nation’s water resources.

The rule ensures that waters protected under the Clean Water Act are more precisely defined and predictably determined, making permitting less costly, easier, and faster for businesses and industry. The rule is grounded in law and the latest science, and is shaped by public input. The rule does not create any new permitting requirements for agriculture and maintains all previous exemptions and exclusions.

“For the water in the rivers and lakes in our communities that flow to our drinking water to be clean, the streams and wetlands that feed them need to be clean too,” said EPA Administrator Gina McCarthy. “Protecting our water sources is a critical component of adapting to climate change impacts like drought, sea level rise, stronger storms, and warmer temperatures – which is why EPA and the Army have finalized the Clean Water Rule to protect these important waters, so we can strengthen our economy and provide certainty to American businesses.”

“Today’s rule marks the beginning of a new era in the history of the Clean Water Act,” said Assistant Secretary for the Army (Civil Works) Jo-Ellen Darcy. “This rule responds to the public’s demand for greater clarity, consistency, and predictability when making jurisdictional determinations. The result will be better public service nationwide.”

People need clean water for their health: About 117 million Americans – one in three people – get drinking water from streams that lacked clear protection before the Clean Water Rule. America’s cherished way of life depends on clean water, as healthy ecosystems provide wildlife habitat and places to fish, paddle, surf, and swim. Clean and reliable water is an economic driver, including for manufacturing, farming, tourism, recreation, and energy production. The health of our rivers, lakes, bays, and coastal waters are impacted by the streams and wetlands where they begin.

Protection for many of the nation’s streams and wetlands has been confusing, complex, and time-consuming as the result of Supreme Court decisions in 2001 and 2006. EPA and the Army are taking this action today to provide clarity on protections under the Clean Water Act after receiving requests for over a decade from members of Congress, state and local officials, industry, agriculture, environmental groups, scientists, and the public for a rulemaking.

In developing the rule, the agencies held more than 400 meetings with stakeholders across the country, reviewed over one million public comments, and listened carefully to perspectives from all sides. EPA and the Army also utilized the latest science, including a report summarizing more than 1,200 peer-reviewed, published scientific studies which showed that small streams and wetlands play an integral role in the health of larger downstream water bodies.

Climate change makes protection of water resources even more essential. Streams and wetlands provide many benefits to communities by trapping floodwaters, recharging groundwater supplies, filtering pollution, and providing habitat for fish and wildlife. Impacts from climate change like drought, sea level rise, stronger storms, and warmer temperatures threaten the quantity and quality of America’s water. Protecting streams and wetlands will improve our nation’s resilience to climate change.

Specifically, the Clean Water Rule:

• Clearly defines and protects tributaries that impact the health of downstream waters. The Clean Water Act protects navigable waterways and their tributaries. The rule says that a tributary must show physical features of flowing water – a bed, bank, and ordinary high water mark – to warrant protection. The rule provides protection for headwaters that have these features and science shows can have a significant connection to downstream waters.
• Provides certainty in how far safeguards extend to nearby waters. The rule protects waters that are next to rivers and lakes and their tributaries because science shows that they impact downstream waters. The rule sets boundaries on covering nearby waters for the first time that are physical and measurable.
• Protects the nation’s regional water treasures. Science shows that specific water features can function like a system and impact the health of downstream waters. The rule protects prairie potholes, Carolina and Delmarva bays, pocosins, western vernal pools in California, and Texas coastal prairie wetlands when they impact downstream waters.
• Focuses on streams, not ditches. The rule limits protection to ditches that are constructed out of streams or function like streams and can carry pollution downstream. So ditches that are not constructed in streams and that flow only when it rains are not covered.
• Maintains the status of waters within Municipal Separate Storm Sewer Systems. The rule does not change how those waters are treated and encourages the use of green infrastructure.
• Reduces the use of case-specific analysis of waters. Previously, almost any water could be put through a lengthy case-specific analysis, even if it would not be subject to the Clean Water Act. The rule significantly limits the use of case-specific analysis by creating clarity and certainty on protected waters and limiting the number of similarly situated water features.

A Clean Water Act permit is only needed if a water is going to be polluted or destroyed.

The Clean Water Rule only protects the types of waters that have historically been covered under the Clean Water Act. It does not regulate most ditches and does not regulate groundwater, shallow subsurface flows, or tile drains. It does not make changes to current policies on irrigation or water transfers or apply to erosion in a field. The Clean Water Rule addresses the pollution and destruction of waterways – not land use or private property rights.

The rule protects clean water necessary for farming, ranching, and forestry and provides greater clarity and certainty to farmers about coverage of the Clean Water Act. Farms across America depend on clean and reliable water for livestock, crops, and irrigation. The final rule specifically recognizes the vital role that U.S. agriculture serves in providing food, fuel, and fiber at home and around the world.

The rule does not create any new permitting requirements for America’s farmers. Activities like planting, harvesting, and moving livestock have long been exempt from Clean Water Act regulation, and the Clean Water Rule preserves those exemptions.

The Clean Water Rule will be effective 60 days after publication in the Federal Register.

More information: www.epa.gov/cleanwaterrule

Office of U.S. Senator Jerry Moran, (R-Kan.)

WASHINGTON–Today, the U.S. Senate passed the Access to Community Care for Veterans Act (S.1463), legislation authored by U.S. Senator Jerry Moran (R-Kan.) – a member of the Senate Veterans’ Affairs Committee – that amends the Veterans Access, Choice, and Accountability Act of 2014 (Choice Act) to give veterans access to community health care when the nearest VA medical facility within 40 miles driving distance from a veteran’s home is incapable of offering care the veteran needs. S.1463 now heads to the U.S. House of Representatives for a vote.

Sen. Moran’s legislation is cosponsored by Sens. Richard Blumenthal (D-Conn.), Ron Wyden (D-Ore.), Sherrod Brown (D-Ohio), Angus King (I-Maine) and Susan Collins (R-Maine).

“Today, the U.S. Senate put veterans first and voted to make certain veterans are not dismissed or forgotten just because of where they live,” Sen. Moran said. “The VA continues to use a narrow interpretation of the 40-mile rule, choosing to take into account only the distance of a VA medical facility from a veteran’s home and not whether the VA facility can actually provide the services the veteran needs. The legislation passed unanimously by the Senate today aims to help thousands of veterans who are currently being forced to choose between traveling hours to a VA medical facility, paying out of pocket, or going without care altogether.”

“I wholeheartedly endorse everything the Senator from Kansas said,” Senate Veterans’ Affairs Committee Chairman Johnny Isakson (R-Ga.) said on the Senate Floor.

This effort to fix the 40-mile criteria in the Choice Act has previously been supported by endorsed by numerous organizations including the American Legion, Veterans of Foreign Wars, AMVETS, Vietnam Veterans of America, Concerned Veterans of America and the National Guard Association of the United States. It is also supported by health care organizations including the National Rural Health Association, the National Association of Rural Mental Health, the National Council for Behavioral Health Association of Community Mental Health Centers of Kansas, and the National Association of County Behavioral Health & Developmental Disability Directors.

On Feb. 25, 2015, 42 senators joined together in calling on VA Secretary Bob McDonald to ease the burden of travel and access to care for millions of veterans who deserve such access through the Choice Act. The group of senators pointed to two concerns with the way the Choice Program was being implemented. First, the VA is not considering whether the VA facility available within 40 miles of where a veteran lives offers the care a veteran needs. Secondly, VA was calculating the 40-mile distance “as the crow flies” and not by driving distance.

Although the VA made the decision on March 24, 2015, to change the calculation used to determine 40-mile distance to driving distance through regulatory action, they have not taken action on the issue of a VA facility being incapable of offering the care sought by the veteran. Sen. Moran’s legislation provides a solution and would allow veterans to utilize their Choice Cards to access non-VA care if the VA facility within 40 miles driving distance to their home does not offer the medical service they need.

As a member of the Senate Veterans’ Affairs Committee, Sen. Moran has questioned VA Secretary Bob McDonald and other VA officials for months in hearings, personal meetings, phone calls and correspondence about the VA’s flawed interpretation of the 40-mile rule and what can be done to fix the problem.