[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
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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
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``(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
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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.
____________________