[Congressional Record Volume 150, Number 126 (Thursday, October 7, 2004)]
[Senate]
[Pages S10742-S10744]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DASCHLE (for himself, Mr. Campbell, Mr. Inouye, Mr. 
        Johnson, Mr. Bingaman, and Ms. Landrieu):
  S. 2938. A bill to grant a Federal charter to the National American 
Indian Veterans, Incorporated; read the first time.


   federal charter for national american indian veterans association

  Mr. DASCHLE. Mr. President, every American knows this photograph. It 
is one of the great iconic images of American courage and 
determination: the Marines raising the flag at Iwo Jima. What many 
Americans probably do not know is that one of the six Marines in this 
photo was a Native American. His name was Ira Hayes. He was a full-
blooded Pima Indian, raised on a small farm on the Gila River Indian 
Community in Arizona.
  Raising the flag with Ira Hayes that day on Iwo Jima were: a coal 
miner's son from Pennsylvania who came to America as an infant from 
Czechoslovakia; a farm boy from the Rio Grande Valley of Texas; a mill 
worker's son from New Hampshire; a former altar boy from Wisconsin, and 
a poor kid from eastern Kentucky.
  One writer has called this photo `` a triumphant metaphor for the 
very soul of the (Marine) Corps.'' It is also something else. It is a 
reflection of every war our Nation has ever fought. In every major 
military conflict in our Nation's history, Indians have fought side-by-
side with non-Indians. Native Americans served with honor and 
distinction in the Revolutionary War and the War of 1812. They served 
on both sides in the Civil War. Stand Watie, a Cherokee, was the last 
Confederate brigadier general to surrender to the Union troops. And Eli 
Parker, a Seneca from New York, was at Appomattox, serving as an aide 
to General Ulysses S. Grant when Robert E. Lee surrendered.
  Native American soldiers rode with Teddy Roosevelt's Rough Riders in 
the charge on San Juan Hill in the Spanish-American War. Twelve-
thousand Indians served in World War I. Even though Native Americans 
were denied U.S. citizenship at the time, many were so eager to serve 
that they went to Canada to enlist before the U.S. even entered the 
war. Their tremendous demonstration of patriotism finally moved 
Congress to pass the Indian Citizenship Act in 1924.
  In World War II, more than one-third of all able-bodied Indian men 
between the ages of 18 and 50 served. The most famous were the ``Code 
Talkers'' from the Navajo Nation and other tribes--including the 
Lakota, Dakota and Nakota tribes of the Great Sioux Nation. During the 
Korean War, two Native American soldiers were awarded posthumous 
Congressional Medals of Honor. Another Korean War veteran, a Northern 
Cheyenne from Colorado, served with distinction in the Air Force and 
later in the United States Senate. He is our friend and colleague, the 
chairman of the Senate Indian Affairs Committee, Senator Ben Nighthorse 
Campbell.
  In Vietnam, nearly 42,000 Native Americans served--90 percent of them 
volunteers. Native Americans served with honor in Grenada, Panama, the 
Persian Gulf war, Somalia, Bosnia and Kosovo. And they are serving our 
Nation today in Afghanistan and Iraq.
  Given the tragic history between Indian tribes and the U.S. military, 
some might regard it as remarkable that Native Americans choose to 
serve in the military at all. Yet, not only do Native Americans serve, 
they have the highest rate of military service of any ethnic group in 
America. Today, one in four Native American men is a military veteran, 
as are nearly half of all tribal leaders.
  Incredibly, despite this extraordinary history of service and 
sacrifice for our Nation, there has never been a national American 
Indians veterans organization. Until now.
  Last week, a new organization, the National American Indian Veterans 
Association, held its first annual meeting in Arizona. At that meeting, 
members voted unanimously to approve the organization's charter. Today, 
I am introducing a bipartisan proposal to grant the National American 
Indian Veterans Association a Federal charter. I am proud to sponsor 
this proposal, along with four great champions of Indian people and 
tribes: my fellow South Dakotan, Senator Johnson; Senator Bingaman; 
Senator Campbell, the distinguished chairman of the Indian Affairs 
Committee; and the committee's ranking member, Senator Inouye, a noble 
warrior himself and a Medal of Honor recipient.
  The National American Indian Veterans Association is long overdue, 
and it is desperately needed. Native Americans are the most likely of 
all Americans to volunteer for military service. But they are the least 
likely of all veterans to apply for the benefits they have earned. When 
they do try to claim those benefits, too often, the First Americans 
find themselves last in line.
  Too many Native American veterans go without urgently needed medical 
care because they can't get appointments or they can't overcome 
bureaucratic hurdles at the VA or the nearest clinic is too far away. 
Too many Native American veterans are living in crowded apartments and 
crumbling houses and trailers, partly because homeownership assistance 
programs that work for most veterans don't take into account the 
specific needs of many Indian veterans. Many Native American veterans 
don't claim the education benefits they have earned. Too many Native 
American veterans don't get the retirement benefits they deserve. And 
when they die, too many of their families don't get the survivors' 
benefits they should.
  A Federal charter does not grant the National American Indian 
Veterans Association any special legal status or favors. It will simply 
enable Native American veterans from all tribes to speak with one voice 
to Congress and to the Nation.
  The National Commander of the National American Indian Veterans 
Association is a man I am proud to know. Don Loudner is from Mitchell, 
SD. He is a member of the Crow Creek Sioux Tribe and a Korean War 
veteran with 35 years in the Army Reserves. He is also a member of the 
VA's Advisory Committee on Minority Veterans, a former Commissioner of 
Indian Affairs for the State of South Dakota, a former superintendent 
of the Crow Creek Sioux Reservation, and one of the most tireless, 
articulate advocates for Native American veterans I have ever known.
  Congress has chartered many veterans organizations representing 
specific groups: the American War Mothers, the Blinded Veterans 
Association, Catholic War Veterans, Italian American War Veterans of 
the USA, Jewish War Veterans of the USA, the National Association for 
Black Veterans, Polish Legion of American Veterans.
  I believe the guidance and collected wisdom of the National American 
Indian Veterans Association will enable America to better honor its 
commitments to Native American veterans and their families. In doing 
so, it will strengthen Native Americans' long and exceptional tradition 
of military service to our Nation. And that will make America even 
safer and stronger.
  Five Native American warriors have already given their lives in Iraq. 
They include three members of the Navajo Nation: Army Private First 
Class Lori Piestewa, a young Hopi mother and the first Native American 
woman soldier ever killed in combat; and a young Army Private First 
Class from the Cheyenne River Sioux Reservation in South Dakota. 
Sheldon Hawk Eagle was a member of the Army's 101st Airborne Division, 
the famed ``Screaming Eagles,'' the same unit that parachuted into 
Normandy on D-Day. He was also a descendant of the legendary Lakota 
warrior leader, Crazy Horse.
  There are many reasons that these young warriors and so many other 
Native Americans have risked--and

[[Page S10743]]

given--their lives for this Nation. Clarence Wolf Guts may have said it 
best. Mr. Wolf Guts is from the Oglala Sioux Tribe and one of the last 
two surviving Lakota Code Talkers from World War II. Two weeks ago, he 
testified before the Senate Committee on Indian Affairs about a bill I 
am sponsoring to honor all Native American Code Talkers, from all 
tribes. In Clarence Wolf Guts' words, ``Indian people love America, and 
we will do whatever it takes to protect our freedom from all 
aggressors.''
  By formally recognizing the National American Indian Veterans 
Association--America's first and only Native American veterans 
organization--America will be better able to honor the extraordinary 
patriotism of these heroes and provide them with the respect and 
benefits they have earned. I urge my colleagues to join us. Let's pass 
this bill this year.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2938

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

     SECTION 1. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL 
                   CHARTER FOR NATIONAL AMERICAN INDIAN VETERANS, 
                   INCORPORATED.

       (a) In General.--Part B of subtitle II of title 36, United 
     States Code, is amended by inserting after chapter 1503 the 
     following new chapter:

    ``CHAPTER 1504--NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED

``Sec.
``150401. Organization.
``150402. Purposes.
``150403. Membership.
``150404. Board of directors.
``150405. Officers.
``150406. Nondiscrimination.
``150407. Powers.
``150408. Exclusive right to name, seals, emblems, and badges.
``150409. Restrictions.
``150410. Duty to maintain tax-exempt status.
``150411. Records and inspection.
``150412. Service of process.
``150413. Liability for acts of officers and agents.
``150414. Failure to comply with requirements.
``150415. Annual report.

     ``Sec. 150401. Organization

       ``The National American Indian Veterans, Incorporated, a 
     nonprofit corporation organized in the United States (in this 
     chapter referred to as the `corporation'), is a federally 
     chartered corporation.

     ``Sec. 150402. Purposes

       ``The purposes of the corporation are those stated in its 
     articles of incorporation, constitution, and bylaws, and 
     include a commitment--
       ``(1) to uphold and defend the Constitution of the United 
     States while respecting the sovereignty of the American 
     Indian, Alaska Native, and Native Hawaiian Nations;
       ``(2) to unite under one body all American Indian, Alaska 
     Native, and Native Hawaiian veterans who served in the Armed 
     Forces of United States;
       ``(3) to be an advocate on behalf of all American Indian, 
     Alaska Native, and Native Hawaiian veterans without regard to 
     whether they served during times of peace, conflict, or war;
       ``(4) to promote social welfare (including educational, 
     economic, social, physical, cultural values, and traditional 
     healing) in the United States by encouraging the growth and 
     development, readjustment, self-respect, self-confidence, 
     contributions, and self-identity of American Indian veterans;
       ``(5) to serve as an advocate for the needs of American 
     Indian, Alaska Native, and Native Hawaiian veterans, their 
     families, or survivors in their dealings with all Federal and 
     State government agencies;
       ``(6) to promote, support, and utilize research, on a 
     nonpartisan basis, pertaining to the relationship between the 
     American Indian, Alaska Native, and Native Hawaiian veterans 
     and American society; and
       ``(7) to provide technical assistance to the 12 regional 
     areas without veterans committees or organizations and 
     programs by--
       ``(A) providing outreach service to those Tribes in need; 
     and
       ``(B) training and educating Tribal Veterans Service 
     Officers for those Tribes in need.

     ``Sec. 150403. Membership

       ``Subject to section 150406 of this title, eligibility for 
     membership in the corporation, and the rights and privileges 
     of members, shall be as provided in the constitution and by-
     laws of the corporation.

     ``Sec. 150404. Board of directors

       ``Subject to section 150406 of this title, the board of 
     directors of the corporation, and the responsibilities of the 
     board, shall be as provided in the constitution and bylaws of 
     the corporation and in conformity with the laws under which 
     the corporation is incorporated.

     ``Sec. 150405. Officers

       ``Subject to section 150406 of this title, the officers of 
     the corporation, and the election of such officers, shall be 
     as provided in the constitution and bylaws of the corporation 
     and in conformity with the laws of the jurisdiction under 
     which the corporation is incorporated.

     ``Sec. 150406. 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, national origin, 
     handicap, or age.

     ``Sec. 150407. Powers

       ``The corporation shall have only those powers granted the 
     corporation through its articles of incorporation and its 
     constitution and bylaws which shall conform to the laws of 
     the jurisdiction under which the corporation is incorporated.

     ``Sec. 150408. Exclusive right to name, seals, emblems, and 
       badges

       ``(a) In General.--The corporation shall have the sole and 
     exclusive right to use the names `National American Indian 
     Veterans, Incorporated' and `National American Indian 
     Veterans', and such seals, emblems, and badges as the 
     corporation may lawfully adopt.
       ``(b) Construction.--Nothing in this section shall be 
     construed to interfere or conflict with established or vested 
     rights.

     ``Sec. 150409. Restrictions

       ``(a) Stock and Dividends.--The corporation shall have no 
     power to issue any shares of stock nor to declare or pay any 
     dividends.
       ``(b) Distribution of Income or Assets.--(1) No part of the 
     income or assets of the corporation shall inure to any person 
     who is a member, officer, or director of the corporation or 
     be distributed to any such person during the life of the 
     charter granted by this chapter.
       ``(2) Nothing in this subsection shall be construed to 
     prevent the payment of reasonable compensation to the 
     officers of the corporation, or reimbursement for actual and 
     necessary expenses, in amounts approved by the board of 
     directors.
       ``(c) Loans.--The corporation shall not make any loan to 
     any officer, director, member, or employee of the 
     corporation.
       ``(d) No Federal Endorsement.--The corporation shall not 
     claim congressional approval or Federal Government authority 
     by virtue of the charter granted by this chapter for any of 
     its activities.

     ``Sec. 150410. Duty to maintain tax-exempt status

       ``The corporation shall maintain its status as an 
     organization exempt from taxation as provided in the Internal 
     Revenue Code of 1986.

     ``Sec. 150411. Records and inspection

       ``(a) Records.--The corporation shall keep--
       ``(1) correct and complete books and records of accounts;
       ``(2) 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; and
       ``(3) at its principal office, a record of the names and 
     addresses of all members having the right to vote.
       ``(b) Inspection.--(1) All books and records of the 
     corporation may be inspected by any member having the right 
     to vote, or by any agent or attorney of such member, for any 
     proper purpose, at any reasonable time.
       ``(2) Nothing in this section shall be construed to 
     contravene the laws of the jurisdiction under which the 
     corporation is incorporated or the laws of those 
     jurisdictions within which the corporation carries on its 
     activities in furtherance of its purposes within the United 
     States and its territories.

     ``Sec. 150412. Service of process

       ``With respect to service of process, the corporation shall 
     comply with the laws of the jurisdiction under which the 
     corporation is incorporated and those jurisdictions within 
     which the corporation carries on its activities in 
     furtherance of its purposes within the United States and its 
     territories.

     ``Sec. 150413. Liability for acts of officers and agents

       ``The corporation shall be liable for the acts of the 
     officers and agents of the corporation when such individuals 
     act within the scope of their authority.

     ``Sec. 150414. Failure to comply with requirements

       ``If the corporation fails to comply with any of the 
     restrictions or provisions of this chapter, including the 
     requirement under section 150410 of this title to maintain 
     its status as an organization exempt from taxation, the 
     charter granted by this chapter shall expire.

     ``Sec. 150415. Annual report

       ``(a) In General.--The corporation shall report annually to 
     Congress concerning the activities of the corporation during 
     the preceding fiscal year.
       ``(b) Submittal Date.--Each annual report under this 
     section shall be submitted at the same time as the report of 
     the audit of the corporation required by section 10101(b) of 
     this title.
       ``(c) Report Not Public Document.--No annual report under 
     this section shall be printed as a public document.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of subtitle II of

[[Page S10744]]

     title 36, United States Code, is amended by insert after the 
     item relating to chapter 1503 the following new item:

``1504. National American Indian Veterans, Incorporated.......150401''.
                                 ______