[Congressional Record Volume 144, Number 107 (Monday, August 3, 1998)]
[House]
[Pages H6899-H6901]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             GRANTING FEDERAL CHARTER TO AMERICAN GI FORUM

  Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass 
the Senate bill (S. 1759) to grant a Federal charter to the American GI 
Forum of the United States.
  The Clerk read as follows:

                                S. 1759

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. RECOGNITION AND GRANT OF FEDERAL CHARTER.

       The American GI Forum of the United States, a nonprofit 
     corporation organized under the laws of the State of Texas, 
     is recognized as such and granted a Federal charter.

     SEC. 2. POWERS.

       The American GI Forum of the United States (in this Act 
     referred to as the ``corporation'') shall have only those 
     powers granted to it through its bylaws and articles of 
     incorporation filed in the State of Texas and subject to the 
     laws of the State of Texas.

     SEC. 3. PURPOSES.

       The purposes of the corporation are those provided in its 
     bylaws and articles of incorporation and shall include the 
     following:
       (1) To secure the blessing of American democracy at every 
     level of local, State, and national life for all United 
     States citizens.
       (2) To uphold and defend the Constitution and the United 
     States flag.
       (3) To foster and perpetuate the principles of American 
     democracy based on religious and political freedom for the 
     individual and equal opportunity for all.
       (4) To foster and enlarge equal educational opportunities, 
     equal economic opportunities, equal justice under the law, 
     and equal political opportunities for all United States 
     citizens, regardless of race, color, religion, sex, or 
     national origin.
       (5) To encourage greater participation of the ethnic 
     minority represented by the corporation in the policy-making 
     and administrative activities of all departments, agencies, 
     and other governmental units of local and State governments 
     and the Federal Government.
       (6) To combat all practices of a prejudicial or 
     discriminatory nature in local, State, or national life which 
     curtail, hinder, or deny to any United States citizen an 
     equal opportunity to develop full potential as an individual.
       (7) To foster and promote the broader knowledge and 
     appreciation by all United States citizens of their cultural 
     heritage and language.

     SEC. 4. SERVICE OF PROCESS.

       With respect to service of process, the corporation shall 
     comply with the laws of the State of Texas and those States 
     in which it carries on its activities in furtherance of its 
     corporate purposes.

     SEC. 5. MEMBERSHIP.

       Except as provided in section 8(g), eligibility for 
     membership in the corporation and the rights and privileges 
     of members shall be as provided in the bylaws and articles of 
     incorporation of the corporation.

     SEC. 6. BOARD OF DIRECTORS.

       Except as provided in section 8(g), the composition of the 
     board of directors of the corporation and the 
     responsibilities of the board shall be as provided in the 
     bylaws and articles of incorporation of the corporation and 
     in conformity with the laws of the State of Texas.

     SEC. 7. OFFICERS.

       Except as provided in section 8(g), the positions of 
     officers of the corporation and the election of members to 
     such positions shall be as provided in the bylaws and 
     articles of incorporation of the corporation and in 
     conformity with the laws of the State of Texas.

     SEC. 8. RESTRICTIONS.

       (a) Income and Compensation.--No part of the income or 
     assets of the corporation may inure to the benefit of any 
     member, officer, or director of the corporation or be 
     distributed to any such individual during the life of this 
     charter. Nothing in this subsection may be construed to 
     prevent the payment of reasonable compensation to the 
     officers and employees of the corporation or reimbursement 
     for actual and necessary expenses in amounts approved by the 
     board of directors.
       (b) Loans.--The corporation may not make any loan to any 
     member, officer, director, or employee of the corporation.
       (c) Issuance of Stock and Payment of Dividends.--The 
     corporation may not issue any shares of stock or declare or 
     pay any dividends.
       (d) Disclaimer of Congressional or Federal Approval.--The 
     corporation may not claim the approval of Congress or the 
     authorization of the Federal Government for any of its 
     activities by virtue of this Act.
       (e) Corporate Status.--The corporation shall maintain its 
     status as a corporation organized and incorporated under the 
     laws of the State of Texas.
       (f) Corporate Function.--The corporation shall function as 
     an educational, patriotic, civic, historical, and research 
     organization under the laws of the State of Texas.
       (g) Nondiscrimination.--In establishing the conditions of 
     membership in the corporation and in determining the 
     requirements for serving on the board of directors or as an 
     officer of the corporation, the corporation may not 
     discriminate on the basis of race, color, religion, sex, 
     disability, age, or national origin.

     SEC. 9. LIABILITY.

       The corporation shall be liable for the acts of its 
     officers, directors, employees, and agents whenever such 
     individuals act within the scope of their authority.

     SEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.

       (a) Books and Records of Account.--The corporation shall 
     keep correct and complete books and records of account and 
     minutes of any proceeding of the corporation involving any of 
     its members, the board of directors, or any committee having 
     authority under the board of directors.
       (b) Names and Addresses of Members.--The corporation shall 
     keep at its principal office a record of the names and 
     addresses of all members having the right to vote in any 
     proceeding of the corporation.
       (c) Right To Inspect Books and Records.--All books and 
     records of the corporation may be inspected by any member 
     having the right to vote in any proceeding of the 
     corporation, or by any agent or attorney of such member, for 
     any proper purpose at any reasonable time.
       (d) Application of State Law.--This section may not be 
     construed to contravene any applicable State law.

     SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.

       The first section of the Act entitled ``An Act to provide 
     for audit of accounts of private corporations established 
     under Federal law'', approved August 30, 1964 (36 U.S.C. 
     1101), is amended by adding at the end the following:
       ``(80) American GI Forum of the United States.''.

     SEC. 12. ANNUAL REPORT.

       The corporation shall annually submit to Congress a report 
     concerning the activities of the corporation during the 
     preceding fiscal year. The annual report shall be submitted 
     on the same date as the report of the audit required by 
     reason of the amendment made in section 11. The annual report 
     shall not be printed as a public document.

     SEC. 13. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL 
                   CHARTER.

       The right to alter, amend, or repeal this Act is expressly 
     reserved to Congress.

     SEC. 14. TAX-EXEMPT STATUS REQUIRED AS CONDITION OF CHARTER.

       If the corporation fails to maintain its status as a 
     corporation exempt from taxation as provided in the Internal 
     Revenue Code of 1986

[[Page H6900]]

     the charter granted in this Act shall terminate.

     SEC. 15. TERMINATION.

       The charter granted in this Act shall expire if the 
     corporation fails to comply with any of the provisions of 
     this Act.

     SEC. 16. DEFINITION OF STATE.

       For purposes of this Act, the term ``State'' includes the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     Commonwealth of the Northern Mariana Islands, and the 
     territories and possessions of the United States.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Smith) and the gentlewoman from California (Ms. Lofgren) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Texas (Mr. Smith).


                             General Leave

  Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks on the Senate bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, S. 1759, the bill we are considering today would grant a 
Federal charter to the American GI Forum of the United States. This 
Senate bill is the companion measure to H.R. 3843, introduced and 
championed by my colleagues, the gentleman from Texas (Mr. Rodriguez) 
and the gentleman from Texas (Mr. Bonilla).
  The American GI Forum will be holding its 50th anniversary 
celebration during August, and both House and Senate supporters have 
worked very hard to make sure we pass this legislation in time for that 
anniversary.
  The American GI Forum of the United States is a Hispanic veterans 
family organization. The organization has more than 100,000 Members and 
500 chapters in 32 States and Puerto Rico. Although predominantly 
Hispanic, the American GI Forum is open to all veterans and their 
families.
  The House subcommittee of jurisdiction suspended the granting of 
Federal charters to private nonprofit organizations in 1989. 
Organizations seek Federal charters primarily to obtain the prestige of 
Federal Government recognition. The charter itself grants no special 
privileges or legal rights to the organization. It does, however, lead 
to the public perception that the Federal Government ensures the 
integrity and worthiness of the group's activities.
  Unfortunately, Congress does not have the resources to monitor the 
activities and operations of the numerous existing federally chartered 
organizations, and has maintained the moratorium to keep from 
exacerbating the problem.

                              {time}  1300

  However, it was brought to the attention of the Congress that the 
circumstances surrounding the G.I. Forum are such that this exception 
needs to be made to the moratorium.
  The American G.I. Forum of the United States is a family-oriented 
Hispanic veterans group founded in 1948, and responds to a lack of 
representation available to Hispanic veterans within already 
established veterans' organizations. By the 1960s, membership had grown 
to an amount equal to or greater than that of the major veterans' 
organizations.
  At that time, the American G.I. Forum looked into obtaining a Federal 
charter like their contemporaries, the American Legion and the VFW. 
They were told they could not obtain one because their membership was 
not limited to veterans only. This was a clear misrepresentation. 
Restrictions on membership have never been a standard for the granting 
of a Federal charter. Prior to the American G.I. Forum's inquiry, many 
charters have been given to organizations that were not limited to 
veterans. The American G.I. Forum tried again to obtain a Federal 
charter in 1992, but by then the current moratorium on the granting of 
new Federal charters was in place.
  When looking at the historical record, it appears that the general 
prejudice against Hispanics during the 1950s and 1960s prevented the 
American G.I. Forum, representing a large portion of the veterans' 
community, from receiving a Federal charter, rather than any lack of 
qualification on their part.
  Research has already shown that no other group that has consistently 
represented such a large number of veterans and has been in existence 
since World War II was subject to rejection for a Federal charter.
  The American G.I. Forum's history and situation is unique. It is 
appropriate, as a matter of policy, to make this exception to the 
moratorium on the granting of Federal charters, and bestow upon this 
organization the recognition that should have been granted decades ago. 
I urge the House to pass this legislation to give the American G.I. 
Forum this long-overdue recognition.
  Mr. Speaker, I reserve the balance of my time.
  Ms. LOFGREN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I urge Members to support S. 1759, which is the 
companion bill to H.R. 3843. This measure will permit the American G.I. 
Forum of the United States to receive a Federal charter.
  The American G.I. Forum is a national organization of Hispanic 
veterans founded in 1948 in Corpus Christi, Texas. The organization has 
30 State chapters, over 100,000 members, and is dedicated to addressing 
issues affecting Hispanic veterans and their families, including 
resolving problems of discrimination or inequity endured by Hispanic 
veterans.
  The American G.I. Forum sought to obtain a charter, as the chairman 
has indicated, 40 years ago when other large veterans' organizations 
received them, but because of the discrimination, they were denied. 
This year, the organization celebrates its 50th anniversary. Clearly 
the American G.I. Forum should receive the same national charter that 
other veterans' organizations did.
  I would like to commend the gentleman from Texas (Mr. Rodriguez) for 
sponsoring this measure, and am grateful for the bipartisan support for 
the measure.
  Unknown to many, perhaps, in this body, the G.I. Forum was founded in 
response to the worst kind of racial and ethnic discrimination. In 
fact, those who had fought for our freedom in World War II and gave 
their lives for American freedom were denied burial in the cemeteries 
in Texas because of discrimination against Hispanic Americans. The G.I. 
Forum sprang up in response to that egregious discrimination.
  Since that time, the G.I. Forum has played a crucial role in many 
parts of this country. I would like to note that in my own community in 
San Jose, California, the G.I. Forum engages in a variety of absolutely 
wonderful and admirable activities, including one of the broadest 
scholarhship programs and the most vigorous--one of the most vigorous 
veterans' groups. They are eager and active participants in the United 
Veterans' Council in my community, and really play leadership roles in 
veterans activities.
  I am proud that although there has been a moratorium, we are able to 
make an exception in this case, because the discrimination that 
Hispanic soldiers and their families found subsequent to World War II 
unfortunately continued in the fifties and perhaps sixties, as the 
chairman has indicated. I think it is a proud day that this Congress 
can go back, acknowledge the errors of our past, and rectify them, and 
especially on this 50th anniversary of the G.I. Forum. I would urge my 
colleagues to support this bill.
  Mr. ORTIZ. Mr. Speaker, I rise today to offer my unconditional 
support for the extension of a Federal Charter to the American GI 
Forum, an organization founded and maintained by Dr. Hector Garcia of 
Corpus Christi, who was my personal hero and one of the most important 
Americans of our time.
  Dr. Garcia was a different breed of patriot and citizen. Long before 
the issue of civil rights was on anyone else's agenda, Dr. Hector 
Garcia recognized the need for equal rights for the citizens of the 
united States, particularly in our little corner of the world in South 
Texas. Rather than make the larger elements of society uncomfortable 
with a direct public assault on the status quo, Dr. Garcia began making 
quiet inroads into the system. He began his work by establishing the GI 
Forum, initially to help Hispanic war veterans get the veterans' 
benefits routinely denied to them.
  Dr. Garcia encouraged all of us to become involved. He articulated 
clearly why it was necessary for Hispanics to show an interest in the 
workings of our city, our community and

[[Page H6901]]

our country. He underscored the basic workings of democracy, preaching 
his message about the strength of numbers, the necessity of registering 
to vote, and the power of voting.
  Today, Dr. Garcia's message is the political gospel to which we all 
adhere; and his pulpit was the GI Forum. While others fought the 
system, often unsuccessfully, Dr. Garcia worked within the system to 
open it up for everyone to participate. He amazed us all with his 
wisdom, foresight, and longevity.
  Dr. Garcia began fighting for the cause of civil rights in 1948--long 
before others joined that cause. He fought for basic, fundamental 
civil, human and individual rights. The seeds he planted all those 
years ago have grown into ideas whose roots are firmly planted in South 
Texas. Those seeds have produced today's leaders and laid the 
foundation for tomorrow's pioneers.
  As a veteran, I am particularly grateful to Dr. Garcia for his very 
special service, during conflict with the enemy, and within the 
bureaucracy. The American GI forum was originally intended to guide WWI 
and WWII veterans through the maze of bureaucracy to obtain their 
educational and medical benefits, and it grew into the highly acclaimed 
civil rights organization.
  The seeds of Dr. Garcia's inspiration and leadership have sprouted, 
and they will continue to grow and succeed, just as he planned. Dr. 
Garcia was a tremendously decent man, and his legacy to us is to treat 
each other decently as human beings. He embodied the Golden Rule: ``Do 
unto others as you would have them do unto you.'' There are a host of 
people in South Texas who received free medical care from him because 
they simply couldn't afford to pay him.
  We all appreciate his simple decency, and I commend the Veterans' 
Affairs Committee for their wisdom in granting a Federal Charter to the 
American GI Forum. It is a fitting legacy for both the American GI 
Forum and for the man who founded it.
  Mr. BONILLA. Mr. Speaker, I rise in strong support of S. 1759, 
legislation granting a federal charter to the American GI Forum (AGIF). 
This legislation is identical to H.R. 3843, a bill introduced by my 
colleague Mr. Rodriguez and myself, and worthy of all our support. The 
Senate passed S. 1759 last week and it is up to us to pass it today so 
that it becomes law.
  It is particularly fitting that we are approving this legislation 
this Congress, as this year the GI Forum is celebrating its 50th 
anniversary.
  The American GI Forum was founded by the late Dr. Hector P. Garcia on 
March 26, 1948, in Corpus Christi. Today, the GI Forum has 500 chapters 
and over 100,000 members. The GI Forum is the largest national veterans 
service organization without a federal charter. It is only fitting that 
this patriotic family organization receive recognition with a federal 
charter. The GI Forum members have earned this special recognition 
through their sacrifices on behalf of America.
  I commend the Senate for passing this legislation and urge all my 
colleagues to join me in voting for this important bill. The American 
GI Forum is an institution in Texas and the Hispanic community. This 
bipartisan bill provides a means for this Congress to recognize the 
service of more than 1,000,000 Hispanic veterans. Let's take this 
opportunity to provide GI Forum the recognition it deserves. Please 
join me in voting for S. 1759.
  Mr. RODRIGUEZ. Mr. Speaker, I rise today in support of granting a 
federal charter to the American GI Forum (AGIF), the nation's oldest 
and largest Hispanic veterans organization.
  As the original sponsor of the House bill, HR 3843, I am especially 
gratified by the imminent passage of this bill. For too long, the 
American GI Forum has waited for this recognition. Now, on the eve of 
its 50th Annual Convention, to be held in its home state of Texas, we 
are in a position to present the AGIF membership what it rightfully 
deserves.
  The American GI Forum was founded fifty years ago in Corpus Christi, 
Texas by the late Dr. Hector P. Garcia, a medical doctor and Army 
veteran of World War II. This year, the AGIF celebrates its 50th year 
of service to our Nation's veterans and their families. Today, the AGIF 
has over 100,000 members in 500 chapters across 32 states and Puerto 
Rico.
  This is not the first time the AGIF has sought a federal charter. At 
least as early as the 1960's, in an era when Hispanic veterans were 
facing exclusion and discrimination, AGIF approached Congress for a 
federal charter. Several groups were almost routinely given charters, 
but the American GI Forum was left out. As the American GI Forum enters 
its 50th Year, it is fitting to secure passage of this important 
legislation.
  Within the veteran community, a federal charter is deemed to be 
recognition of a national veteran organization's commitment and service 
to our nation's veterans. The Hispanic community is among the most 
patriotic in America, historically ready to answer the call to service. 
Having earned the highest number of medals of honor per capita, 
Hispanic Americans have a distinguished record of valor and patriotism. 
There are more than 1,000,000 Hispanic veterans alive today.
  I urge you to join us in passing this legislation to grant a federal 
charter to this worthy organization. I would like to take this 
opportunity to thank the Chairman of the Judiciary Subcommittee on 
Immigration and Claims, Mr. Smith of San Antonio, for his help and his 
staff's help in passing this bill. I would also like to thank the 
distinguished Chairman of the Senate Judiciary Committee and his staff 
for their work in expediting passage of this historic legislation.
  Ms. LOFGREN. Mr. Speaker, I yield back the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Barrett of Nebraska). The question is on 
the motion offered by the gentleman from Texas (Mr. Smith) that the 
House suspend the rules and pass the Senate bill, S. 1759.
  The question was taken; and (two-thirds having vote in favor 
thereof), the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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