[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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