[Congressional Record Volume 168, Number 178 (Thursday, November 17, 2022)]
[Senate]
[Pages S6760-S6763]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 GRANTING A FEDERAL CHARTER TO THE NATIONAL AMERICAN INDIAN VETERANS, 
                              INCORPORATED

                                 ______
                                 

                  VAWA TECHNICAL AMENDMENT ACT OF 2022

  Mr. ROUNDS. Mr. President, I rise to discuss bipartisan legislation 
that I have introduced with Senator Lujan which would grant a Federal 
charter to the National American Indian Veterans, Incorporated, known 
as NAIV.
  The NAIV was chartered in 2004, with headquarters located on the 
Cheyenne River Sioux Tribal Reservation in South Dakota. The NAIV was 
originally established as the result of a request by former Senators 
Akaka, Inouye, and Nighthorse Campbell during a Senate Veterans' 
Affairs Committee in 2004.
  At that time, no Native American veterans organization had ever 
received a congressional charter. Sadly, that remains the case today, 
nearly 20 years later. But that omission would be fixed by this 
legislation.
  The NAIV is a nonprofit, nonpartisan organization that operates 
solely for charitable, literary, educational, scientific, patriotic, 
and civil improvement purposes. It provides a voice to

[[Page S6761]]

Native American veterans whose unique needs are not always represented 
adequately by other organizations.
  Native Americans are the highest serving race per capita in the U.S. 
Armed Forces, often serving at a rate five times over the national 
average, and have served with distinction in every U.S. conflict over 
the last 200 years. They also have some of the highest concentration of 
women servicemembers. According to a 2020 VA statistics report, there 
are over 140,000 Native American veterans across the Nation today. 
Discussions with Tribal leaders would indicate that this number is most 
likely an undercount and the true number likely approaches 200,000.
  The NAIV serves the interests and needs of Native veterans in all 50 
States. It conducts activities in collaboration with its national 
leadership and its 14 regional offices. Tribes rotate to host regional 
and State NAIV meetings. This is all done in a decentralized manner, 
respecting the independence and sovereignty of all Tribal nations.
  NAIV often has been the only national Native American veterans 
organization invited to testify before Congress on issues facing Native 
veterans nationwide. NAIV works to make sure that our Native American 
veterans receive the benefits, compensation, and resources that they 
have earned. Among its activities, NAIV provided critical support for 
construction of an American Indian Veterans Memorial at the Riverside 
National Cemetery in California.
  In addition, COVID-19 had a significant impact on Tribal 
reservations, and the NAIV secured over 5 million masks, thousands of 
gallons of hand sanitizer, and personal protective equipment to respond 
to the pandemic. It distributed these critical resources to over 375 
Tribes in 30 States at no cost to our veterans or their Tribes.
  NAIV also serves on the Disaster Response and Recovery Working Group 
of the FCC Broadband Deployment Advisory Committee and has been a 
tireless advocate of providing broadband access to Tribal communities 
throughout the Nation.
  Last week, we celebrated Veterans Day, an opportunity to honor our 
veterans for their service. Also, last week, we finally saw the 
dedication of the National Native American Veterans Memorial on the 
National Mall here in DC. While the Native American Veterans Memorial 
actually opened in 2020, due to COVID, the dedication did not occur 
until this year.
  I believe we have the opportunity today to address another overdue 
recognition of our Native American veterans by finally approving the 
Federal charter for the National American Indian Veterans, 
Incorporated, to recognize all the work the organization does on behalf 
of our Native American veterans.
  Mr. President, notwithstanding rule XXII, I ask unanimous consent 
that the Committee on the Judiciary be discharged from further 
consideration of S. 1725 and the Senate proceed to its immediate 
consideration; further, that the bill be considered read a third time 
and passed, and that the motion to reconsider be considered made and 
laid upon the table.
  The PRESIDING OFFICER. Is there objection?
  The PRESIDING OFFICER. The Senator from Hawaii.
  Ms. HIRONO. Mr. President, reserving the right to object--Senator 
Rounds, I do not object to the substance of your bill. As a member of 
the Senate Veterans' Affairs Committee, I am very much in favor of the 
contributions made to our country by Native Americans and certainly the 
Native American veterans. However, for a long time, I have been trying 
to get a very simple technical fix to the Violence Against Women Act 
that would allow Native Hawaiian organizations to serve Native Hawaiian 
women.
  As we all know, VAWA provides support to survivors of domestic 
violence, sexual assault, sex trafficking, dating violence, and 
stalking. Tragically, Native women across the country--that would be 
Alaskan Natives, Native Hawaiians, American Indian women--experience 
disproportionately higher levels of sexual violence, which is why VAWA 
includes STOP grants to provide funding for eligible Native 
organizations, nonprofits, including Native Hawaiian organizations, to 
serve Native women.
  However, in spite of the fact that Native Hawaiian women are 
represented among the disproportionately high number of survivors of 
gender-based violence and sex trafficking, and despite the fact that 
Native Hawaiian organizations are eligible for these grants, because of 
a drafting oversight, these Native Hawaiian organizations eligible for 
these grants cannot serve the Native Hawaiian community.
  It would likely shock many of my colleagues to learn about the 
gender-based violence and sex trafficking numbers in Hawaii and of sex 
trafficking survivors in Hawaii. Over 70 percent are Native Hawaiian 
women and girls. But yet, Native Hawaiian organizations cannot actually 
serve Native Hawaiian women through these grants.
  By passing this simple technical fix, we can ensure that Native 
Hawaiian women can access the benefits and support included in the 
critical Violence Against Women Act.
  I am very glad that my colleague from Hawaii is presiding as we have 
this debate.
  So now I would ask if the Senator would modify his request so that 
immediately following the disposition of S. 1725, the Senate proceed to 
the immediate consideration of S. 7, which was introduced earlier 
today; further, that the bill be considered read a third time and 
passed, and the motion to reconsider be considered made and laid upon 
the table with no intervening action or debate?
  The PRESIDING OFFICER. Is there objection to the modification?
  Without objection, it is so ordered.
  Is there objection to the request, as modified?
  Without objection, it is so ordered.
  The bill (S. 1725) to grant a Federal charter to the National 
American Indian Veterans, Incorporated, was ordered to be engrossed for 
a third reading, was read the third time, and passed as follows:

                                S. 1725

       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:

    ``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 
     (referred to in this chapter the `corporation'), is a 
     federally chartered corporation.

     ``Sec. 150402. Purposes

       ``The purposes of the corporation are those stated in the 
     articles of incorporation, constitution, and bylaws of the 
     corporation, and include a commitment--
       ``(1) to uphold and defend the Constitution of the United 
     States while respecting the sovereignty of the American 
     Indian Nations;
       ``(2) to unite under one body all American Indian veterans 
     who served in the Armed Forces of United States;
       ``(3) to be an advocate on behalf of all American Indian 
     veterans without regard to whether they served during times 
     of peace, conflict, or war;
       ``(4) to promote social welfare (including educational, 
     economic, social, physical, and 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 veterans and their families and 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 
     American Indian veterans and American society; and

[[Page S6762]]

       ``(7) to provide technical assistance to the Bureau of 
     Indian Affairs regional areas that are not served by any 
     veterans committee or organization or program by--
       ``(A) providing outreach service to Indian Tribes in need; 
     and
       ``(B) training and educating Tribal Veterans Service 
     Officers for Indian Tribes in need.

     ``Sec. 150403. Membership

       ``Subject to section 150406, eligibility for membership in 
     the corporation, and the rights and privileges of members, 
     shall be as provided in the constitution and bylaws of the 
     corporation.

     ``Sec. 150404. Board of directors

       ``Subject to section 150406, 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, 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, 
     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) Effect.--Nothing in this section interferes or 
     conflicts with any established or vested rights.

     ``Sec. 150409. Restrictions

       ``(a) Stock and Dividends.--The corporation may not--
       ``(1) issue any shares of stock; or
       ``(2) declare or pay any dividends.
       ``(b) Distribution of Income or Assets.--
       ``(1) In general.--The income or assets of the corporation 
     may not--
       ``(A) inure to any person who is a member, officer, or 
     director of the corporation; or
       ``(B) be distributed to any such person during the life of 
     the charter granted by this chapter.
       ``(2) Effect.--Nothing in this subsection prevents 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 may not make any loan to any 
     officer, director, member, or employee of the corporation.
       ``(d) No Federal Endorsement.--The corporation may not 
     claim congressional approval or Federal Government authority 
     by virtue of the charter granted by this chapter for any of 
     the activities of the corporation.

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

       ``The corporation shall maintain its status as an 
     organization exempt from taxation under 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 member of the corporation, the board of 
     directors, or any committee having authority under the board 
     of directors; and
       ``(3) at the principal office of the corporation, a record 
     of the names and addresses of all members of the corporation 
     having the right to vote.
       ``(b) Inspection.--
       ``(1) In general.--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 a member, for any proper 
     purpose, at any reasonable time.
       ``(2) Effect.--Nothing in this section contravenes--
       ``(A) the laws of the jurisdiction under which the 
     corporation is incorporated; or
       ``(B) the laws of those jurisdictions within the United 
     States and its territories within which the corporation 
     carries out activities in furtherance of the purposes of the 
     corporation.

     ``Sec. 150412. Service of process

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

     ``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 acting within the 
     scope of their authority.

     ``Sec. 150414. Failure to comply with requirements

       ``If the corporation fails to comply with any of the 
     requirements of this chapter, including the requirement under 
     section 150410 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 submit to Congress 
     an annual report describing 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).
       ``(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 for subtitle 
     II of title 36, United States Code, is amended by inserting 
     after the item relating to chapter 1503 the following:

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


  A bill (S. 7) to make a technical amendment to the Violence Against 
Women Act of 1994, and for other purposes was ordered to be engrossed 
for a third reading, was read the third time, and passed as follows:

                                  S. 7

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``VAWA Technical Amendment Act 
     of 2022''.

     SEC. 2. GRANTS TO COMBAT VIOLENT CRIMES.

       (a) Amendment.--Section 2001(d) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10441(d)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by inserting ``or Native 
     Hawaiian'' after ``Indian'';
       (B) in subparagarph (B), by inserting ``or Native 
     Hawaiian'' after ``Indian'';
       (C) in subparagraph (C)--
       (i) by inserting ``or Native Hawaiian communities'' after 
     ``tribal communities''; and
       (ii) by inserting ``or Native Hawaiian'' after ``Indian''; 
     and
       (D) in subparagraph (D)--
       (i) by inserting ``or Native Hawaiian communities'' after 
     ``Indian tribes''; and
       (ii) by inserting ``or Native Hawaiian'' after ``against 
     Indian'';
       (2) in paragraph (2)--
       (A) in subparagraph (A)(iii), by inserting ``or Native 
     Hawaiian communities'' after ``Indian tribes''; and
       (B) in subparagraph (B), by inserting ``or Native Hawaiian 
     communities'' after ``Indian tribes''; and
       (3) by adding at the end the following:
       ``(6) Native hawaiian defined.--In this subsection, the 
     term `Native Hawaiian' has the meaning given that term in 
     section 801 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4221).''.
       (b) Technical and Conforming Amendment.--Section 
     40002(a)(42) of the Violence Against Women Act of 1994 (34 
     U.S.C. 12291(a)(42)) is amended--
       (1) in subparagraph (A)--
       (A) by inserting ``, Native Hawaiian organizations, or the 
     Native Hawaiian community'' after ``Indian service 
     providers'';
       (B) by inserting ``, organizations, or communities'' after 
     ``member providers''; and
       (C) by inserting ``or Native Hawaiian'' after ``designed to 
     assist Indian''; and
       (2) in subparagraph (B)--
       (A) in clause (i), by inserting ``, organizations, or 
     communities'' after ``member service providers''; and
       (B) in clause (ii), by inserting ``or Native Hawaiian 
     communities'' after ``tribal communities''.

     SEC. 3. EFFECTIVE DATE.

       This Act shall become effective one day after enactment.

  The PRESIDING OFFICER. The Senator from South Dakota.
  Mr. ROUNDS. Mr. President, I wanted to say how pleased I am to 
finally see this bill pass the U.S. Senate. I want to underscore, 
again, the situation of recognizing the important work done by the NAIV 
to benefit our Native American veterans.
  I particularly want to recognize the work done by Mr. Don Loudner of 
Mitchell, SD, who has led the NAIV since its inception in 2004. Don has 
served as an Army officer and is a combat veteran of the Korean war. He 
served with my father in the National Guard in South Dakota, as well. 
He also served in the Bureau of Indian Affairs and the Census Bureau 
and has spent decades supporting our Native American veterans. I want 
to thank

[[Page S6763]]

him for his 70 years of service to our Nation.
  The PRESIDING OFFICER. The Senator from Hawaii.
  Ms. HIRONO. Mr. President, I would just like to commend my colleague 
for his work with the Native American veterans and for working with me 
to pass S. 7, which is a very necessary bill for Native Hawaiian women. 
Aloha.
  The PRESIDING OFFICER. The Senator from South Dakota.
  Mr. ROUNDS. I would also like to thank Senator Hirono for the open 
communication that we have received in coordinating and successfully 
passing these pieces of legislation.
  I yield the floor.

                          ____________________