[Congressional Record Volume 148, Number 95 (Monday, July 15, 2002)]
[House]
[Pages H4587-H4589]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS OF FOREIGN WARS CHARTER AMENDMENT ACT
Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 3838) to amend the charter of the Veterans of Foreign
Wars of the United States organization to make members of the armed
forces who receive special pay for duty subject to hostile fire or
imminent danger eligible for membership in the organization, and for
other purposes.
The Clerk read as follows:
H.R. 3838
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AMENDMENTS TO VETERANS OF FOREIGN WARS OF THE
UNITED STATES CHARTER.
(a) Eligibility for Membership of Individuals Receiving
Special Pay for Duty Subject to Hostile Fire or Imminent
Danger.--Section 230103 of title 36, United States Code, is
amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) in an area which entitled the individual to receive
special pay for duty subject to hostile fire or imminent
danger under section 310 of title 37.''.
(b) Clarification of Purposes of the Corporation.--Section
230102 of such title is amended in the matter preceding
paragraph (1) by inserting ``charitable,'' before ``and
educational,''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
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Wisconsin (Mr. Sensenbrenner) and the gentlewoman from Texas (Ms.
Jackson-Lee) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr.
Sensenbrenner).
General Leave
Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on H.R. 3838, the bill
currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 3838 would amend the Federal charter of the
Veterans of Foreign Wars to allow any member of the Armed Forces who
received hostile fire or imminent danger pay to be a member of the VFW.
The language would allow veterans from conflict areas such as Somalia
or Kosovo to be eligible for membership in the VFW.
Currently, VFW membership is limited to those who have honorably
served in the Armed Forces and who have received a campaign medal for
service or those who served honorably for a specific period on the
Korean peninsula.
{time} 1445
Without this amendment, members of the Armed Forces who served under
equally dangerous conditions, such as those experienced in the campaign
medal service in Korea, are not eligible for VFW membership.
The bill also adds the word ``charitable'' to the purpose of the VFW.
VFW members volunteer millions of hours to local communities. Although
volunteerism has always been a large part of the mission of the VFW, in
some States the VFW is being denied qualification as a charitable
organization because ``charitable'' is not included in their charter
language.
These amendments reflect the language of two resolutions approved by
the voting delegates of the VFW at their national convention in
Milwaukee, Wisconsin. I urge the House to pass this bill to ratify the
changes to the VFW Federal charter, which have been approved by the
membership.
Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise to support this legislation. This bill amends the
Federal charter of the Veterans of Foreign Wars, VFW, to allow any
members of the armed services or Armed Forces who have received hostile
fire or imminent-danger pay to be a member of the VFW, and that is a
great honor for so many of our men and women who have served in the
United States military.
Without this amendment, members of the Armed Forces who have served
under equally dangerous conditions as those experienced in campaign
medal service in Korea and in conflict areas such as Somalia or Kosovo
are not eligible for VFW membership.
The act also amends the charter of the VFW to include the word
``charitable'' as one of the purposes. VFW members have provided
substantial amounts of time and volunteer efforts in their communities
and to the needy. This will prevent some States from denying the VFW
qualification as a charitable organization under 501(c) of the Tax Code
simply because the word ``charitable'' is not mentioned in the charter.
In Texas, there are tens of thousands of members of the VFW. In my
district there are thousands of VFW members, and I can assure the
Members they are outstanding members of our community. They always
provide us with honor and grace in our patriotic parade, and they serve
us in the Memorial Day commemoration as well as the Veterans Day
commemoration, along with the many other veterans groups. Also, they
are there to serve the community when we are in need.
As I speak today, I pay tribute to all of the veterans groups in the
State of Texas, in the 18th Congressional District, and, of course,
this Nation. These members provide critical assistance to other
veterans, they help raise funds for the March of Dimes, and they
provide scholarships to our Nation's youth.
I urge my colleagues to support this measure, which will simply allow
veterans of succeeding conflicts entry into these esteemed veterans
organizations. Again, I would be remiss without acknowledging the brave
men and women who serve us now in Afghanistan, throughout the Nation,
and throughout the world.
Mr. Speaker, this bill amends the federal charter of the Veterans of
Foreign Wars, VFW, to allow any member of the armed forces who has
received hostile fire or imminent danger pay to be a member of the VFW.
Without this amendment members of the armed forces who served under
equally as dangerous conditions as those experienced in campaign medal
service in Korea and in conflict areas such as Somalia or Kosovo are
not eligible for VFW membership.
The Act also amends the charter of the VFW to include the word
``charitable'' as one of the purposes of the VFW. VFW members have
provided substantial amounts of time to volunteer efforts in the
communities and to the needy. This will prevent some states from
denying VFW qualification as a charitable organization under 501(c) of
the Tax Code simply because the word charitable is not mentioned in the
charter. In the state of Texas, there are ten of thousands of members
of the VFW. In my district there are thousands of VFW members. These
members provided critical assistance to other Veterans, help raise
funds for the March of Dimes and provide scholarships to our nation's
youth.
I urge my colleagues to support this measure which will simply allow
veterans of succeeding conflicts entry into these esteemed veterans
organizations.
Mr. Speaker, I reserve the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield 3 minutes to the gentleman
from Pennsylvania (Mr. Gekas).
Mr. GEKAS. Mr. Speaker, I thank the gentleman for yielding time to
me.
Mr. Speaker, this time I rise to pose some reflections on the VFW.
Many people will recall historically that during the Truman years there
was an act of terrorism right in this Chamber, when terrorists of a
different era shot up the entire Chamber here, wounding several people.
One of the Members of the House at that time was the gentleman from
Pennsylvania, Jimmy Van Zandt from Altoona, Pennsylvania, who helped to
apprehend one of the terrorists with a gallant leap into the back
portion of the balcony, and brought him or helped bring him to justice.
But more than that, this Jimmy Van Zandt was also, prior to that,
national commander of the VFW. He holds a place of honor in that
organization for his special efforts and for his service directly to
the country.
Then there was Dominique DeFrancesco, also from central Pennsylvania,
served as national commander of the American Legion when, in 1991, he
joined then President Bush in the 50-year commemorations at Pearl
Harbor.
These are the kinds of devoted veteran citizens who are in the
background of what we do here today when we enlarge the membership
potential of their organizations.
But the most important portion of the VFW, as far as I am concerned,
is because the last 30 years or more I have participated as a judge in
the VFW's annual Voice of Democracy contest. Here is a contest of
radio-spoken essays by our high school students who speak on what
America means to them, or some other subject matter having to do with
patriotism. In this way, the VFW spreads the notion of loyalty to our
Nation, service to our communities, and patriotism. For that, I salute
the VFW and urge everyone to support the legislation that is in front
of us.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, let me just say that just a few minutes ago we have
supported H.R. 3988, H.R. 3838, and H.R. 3214, legislative initiatives
helping our veterans.
I want to acknowledge and applaud the President for his recent
pronouncement of allowing those who are serving in our military to
apply for citizenship immediately, without having to wait a period of
time previously embodied in our law.
With that in mind, Mr. Speaker, I think as member of the Subcommittee
on Immigration, Border Security, and Claims of the Committee on the
Judiciary, I hope that the Congress will move
[[Page H4589]]
swiftly to pass 245(i) that will allow immigrants to access
legalization and become citizens. This is long overdue. This is
legislation that recognizes that we do not equate immigration to
terrorism, and it is as patriotic as the legislation that we have just
passed today.
So I hope that the Congress will move quickly on this legislation,
and I rise again to support the legislation before us and ask my
colleagues to support this legislation as we honor the men and women
who have served us in the United States military and now our veterans;
and as we honor those, as well, who serve us every day fighting for our
freedoms.
I know the veterans of the nation, are sympathetic to doing the right
thing for all of us!
Mr. Speaker, I yield back the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, just let me make it clear, this bill has nothing to do
with the immigration law, lest anybody have a misimpression on this. It
is legislation that changes the qualification for membership in the
VFW, as well as makes it clear that the VFW is a charitable
organization. Both of these changes were requested by the delegates to
the last VFW annual convention that was held in August of last year in
my hometown of Milwaukee, Wisconsin.
The best way we can help our veterans, I think, is by not confusing
the issue. Let us help our veterans by doing what they asked us to do,
which is to allow them to expand their membership, as well as to get
some State departments of revenue off their back claiming that what the
VFW does is not charitable in nature.
I think all of us in this Chamber know that the VFW is a legitimate
and honorable charitable organization, and I think that we can send the
message very clearly by amending their charter to get the State tax
departments off their backs so that they can continue to do their very
meritorious work.
Mr. SMITH of New Jersey. Mr. Speaker, as the sponsor of H.R. 3838, I
rise to urge all of my colleagues to support this legislation that will
amend the Congressional charter of the Veterans of Foreign Wars (VFW).
As Chairman of the Veterans' Affairs Committee, I was pleased to
introduce this bill on March 4, 2002, at the request of the VFW to
allow Members of the armed forces who have received hostile fire or
imminent danger pay to be eligible for VFW membership.
Mr. Speaker, I want to especially commend the Chairman of the
Judiciary Committee, Mr. Sensenbrenner; the Committee's Ranking Member,
Mr. Conyers, the Chairman of the Judiciary Subcommittee on Immigration
and Claims; Mr. Gekas; and the Subcommittee's Ranking Member, Ms.
Jackson-Lee, for their attention to this matter in moving the bill
through the committee and to the floor for House consideration.
This bipartisan amendment to the VFW charter simply allows the
organization to keep up with the times as the nature of our Nation's
military operations has changed. The VFW's charter currently requires a
veteran to have received a campaign medal in order to join the
organization. But the dangerous contingency operations our
servicemembers have participated in over the past twenty or so years
have not resulted in the award of campaign medals. Servicemenbers doing
their duty in global hot spots have faced the type of risks that should
qualify them for VFW membership. My bill would remove this barrier to
membership in a way that is consistent with the type of military
service the VFW has always required.
Mr. Speaker, H.R. 3838 would also address a technical problem the VFW
has occasionally encountered with the language of its charter regarding
its purposes as an organization. The VFW has maintained a tax-exempt,
nonprofit status, but some states do not want to qualify it as a tax-
exempt charitable organization despite its long history of charitable
work in communities across America, because its charter does not
contain the word ``charitable''. Well, Congress can and should fix this
relatively simply problem by inserting the word ``charitable'' as one
of its purposes in order to silence anyone who insists on elevating
form over substance.
Mr. Speaker, with roots that go back more than a century to the
Spanish-American War, the Veterans of Foreign Wars has an admirable
history of helping its fellow veterans, their communities and their
Nation. This legislation will help to ensure that the VFW continues to
perform these services in the 21st century and beyond. H.R. 3838
deserves the support of every House member and I urge its approval.
Mr. GILMAN. Mr. Speaker, I rise today in strong support of H.R. 3838,
the Veterans of Foreign Wars Charter Amendment act. I urge my
colleagues to support this timely measure.
This legislation amends the charter of the Veterans of Foreign Wars
Organization to make members of the armed forces who receive special
pay for duty that is subject to hostile fire or imminent danger
eligible for membership in the organization. This change would allow
veterans of operations in Somolia and Kosovo to become eligible for VFW
membership.
The VFW is one of the oldest veterans service organizations in the
country, and has a long and hallowed history. The VFW was founded in
1899 for soldiers returning from the Spanish-American war and
Philippine insurrection. It was instrumental in creating the Veterans
Administration and its subsequent elevation to cabinet level status.
The VFW participates in numerous community service efforts, and
assists its members in seeking discharge upgrades, record corrections,
education benefits, disability compensation matters and pension
eligibility.
Given our current military environment, it is appropriate for
Congress to both recognize and promote the efforts of our Veterans
Service Organizations. Accordingly, I urge my colleagues to support
this bill.
Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Culberson). The question is on the
motion offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that
the House suspend the rules and pass the bill, H.R. 3838.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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