[Congressional Record Volume 161, Number 172 (Monday, November 30, 2015)]
[House]
[Pages H8426-H8427]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
IMPROVING CONGRESSIONAL CHARTER OF THE DISABLED AMERICAN VETERANS
Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1755) to amend title 36, United States Code, to make certain
improvements in the congressional charter of the Disabled American
Veterans, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1755
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CONGRESSIONAL CHARTER OF DISABLED AMERICAN
VETERANS.
(a) Purposes.--Section 50302 of title 36, United States
Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``The purposes of the corporation are--'' and inserting ``The
corporation is organized exclusively for charitable and
educational purposes. The purposes of the corporation shall
include--'';
(2) in paragraph (6), by striking ``and'' at the end;
(3) by redesignating paragraph (7) as paragraph (9); and
(4) by inserting after paragraph (6) the following new
paragraphs:
``(7) to educate the public about the sacrifices and needs
of disabled veterans;
``(8) to educate disabled veterans about the benefits and
resources available to them; and''.
(b) Dissolution.--Chapter 503 of such title is amended by
adding at the end the following new section:
``Sec. 50309. Dissolution
``On dissolution or final liquidation of the corporation,
any assets remaining after the discharge or satisfactory
provision for the discharge of all liabilities shall be
transferred to the Secretary of Veterans Affairs for the care
of disabled veterans.''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 503 of such title is amended by
inserting after the item relating to section 50308 the
following:
``50309. Dissolution.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Goodlatte) and the gentleman from Puerto Rico (Mr.
Pierluisi) each will control 20 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and to include extraneous materials on H.R. 1755, currently
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
Since 1920, Disabled American Veterans has been serving American
veterans who were wounded in the line of duty. It provides free
assistance to veterans and their families in obtaining Federal benefits
and services earned through military service.
It represents the interests of disabled veterans, their families,
their widowed spouses, and their orphans before the Federal, State, and
local governments. And it provides a structure through which disabled
veterans can express their compassion for their fellow veterans through
a variety of volunteer programs.
The organization received a Federal charter in 1932. DAV is seeking
the enactment of H.R. 1755, which will amend its charter to help
clarify DAV's charitable mission, explain the educational component of
its mission, and mandate the assignment of its assets to the Department
of Veterans Affairs in the event of its dissolution. These changes will
aid DAV in its transition to a 501(c)(3) organization.
As the organization explains:
For decades, DAV has been exempt from Federal taxation
under section 501(c)(4) of the Internal Revenue Code . . .
Donations to most 501(c)(4) organizations are not deductible
for income or estate tax purposes. DAV is a rare exception,
as it qualifies to receive deductible contributions as a
``war veterans'' organization.
Many donors, even sophisticated donors, believe incorrectly
that charitable deductions are available only for gifts made
to a 501(c)(3) organization, more commonly known as a
``public charity.'' We believe that this misconception has
been limiting DAV's opportunities to gain corporate support
and major gifts, including bequests.
There is no doubt that DAV's activities of service to
wounded and disabled veterans would enable it to qualify as a
public charity, exempt from taxation under section 501(c)(3)
of the Internal Revenue Code.
To achieve that designation, the organization needs to make
application to the Internal Revenue Service. The application
requires that certain language be included in the
``organizing document,'' which, in our case, is the Federal
charter.
We can help DAV carry out its vital mission through this legislation.
I commend Representative Miller for introducing the bill, and I urge my
colleagues to support it.
I reserve the balance of my time.
Mr. PIERLUISI. Mr. Speaker, I yield myself such time as I may
consume.
I rise in support of H.R. 1755, which makes a small but important
change to the Federal charter of the Disabled American Veterans. Once
this bill becomes law, that Federal charter will better describe the
mission and actual practice of the organization today.
In response to the thousands of veterans who returned home after
having made considerable sacrifices during World War I, the Disabled
American Veterans was established in 1920. Currently, the organization
serves our disabled veterans by helping them access all of the benefits
available to them, by fighting for their interests in Washington, D.C.,
and by educating the public about the sacrifices they made.
This organization remains today every bit as important as it was at
the time of its founding 95 years ago. H.R. 1755 simply makes clear
that the mission of the Disabled American Veterans is exclusively a
charitable one.
I urge my colleagues to support H.R. 1755, which amends the Disabled
American Veterans' charter.
Mr. Speaker, I yield back the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise in support of H.R. 1755, a bill
which modifies the congressional charter for the Disabled American
Veterans (DAV) to expand the purposes of the organization to include
educating the public about the sacrifices and needs of disabled
veterans, as well as educating disabled veterans about the benefits and
resources available to them.
If enacted into law, H.R. 1755 modifies the DAV charter to make
explicit that the organization is organized exclusively for charitable
and educational purposes, a change that would allow the DAV to qualify
as a ``public charity'' under the Internal Revenue Code.
The legislation also provides that upon dissolution or final
liquidation of the Disabled American Veterans, any assets remaining
would be transferred to the Department of Veterans Affairs for the care
of disabled veterans.
Since its founding in 1920, the Disabled American Veterans has been
dedicated to a single purpose: empowering disabled veterans to lead
high-quality lives with respect and dignity.
[[Page H8427]]
Mr. Speaker, under DAV's existing congressional charter, an
individual generally is eligible for membership in the organization if
he or she was wounded, gassed, injured or disabled in the line of duty
during time of war while serving in the U.S. military.
DAV works to ensure that veterans and their families can access the
full range of benefits available to them and advocates for the
interests of America's injured heroes and their families.
Most important, DAV educates the public about the great sacrifices
and needs of veterans transitioning back to civilian life.
On the battlefield, the military pledges to leave no soldier behind.
As a nation, let it be our pledge that when they return home, we
leave no veteran behind.
Mr. Speaker, I support H.R. 1755 because it is an important
affirmation of our commitment to honor the service of disabled veterans
with actions that fulfill our commitment to them and their families,
and which are worthy of a grateful nation.
This is also the reason that I co-sponsored the H.R. 333, the
Disabled Veterans Tax Termination Act, which increases veteran's pay
and disability compensation and maintains secure, dependable and
reliable veterans' programs, especially for disabled veterans is very
important.
And it is why I also strongly supported and voted to pass H.R. 3202,
the Veterans Access, Choice, and Accountability Act of 2014, which
expands access to health care for veterans, addresses the shortage of
health professionals in the VA, ensures access to care for rural
veterans, and provided funding to establish 27 new VA clinics,
including a new research facility in Houston.
And it is why as Chair of the Homeland Security Subcommittee on
Transportation Security, I championed the Helping Heroes Fly Act (H.R.
1344), which improves airport security screening for wounded and
severely disabled service members and veterans by ensuring personal
privacy and consistent application of efficient screening procedures so
that our selfless disabled veterans never again have to face lengthy,
invasive, and even humiliating screening procedures at our airports.
I urge all Members to join me in voting to pass H.R. 1755.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Goodlatte) that the House suspend the
rules and pass the bill, H.R. 1755, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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