[House Report 107-569]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-569
======================================================================
TO AMEND THE CHARTER OF THE AMVETS ORGANIZATION
_______
July 12, 2002.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 3214]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 3214) to amend the charter of the AMVETS
organization, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 1
Hearings......................................................... 2
Committee Consideration.......................................... 2
Vote of the Committee............................................ 2
Committee Oversight Findings..................................... 2
Performance Goals and Objectives................................. 2
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Constitutional Authority Statement............................... 3
Section-by-Section Analysis and Discussion....................... 4
Changes in Existing Law Made by the Bill, as Reported............ 4
Markup Transcript................................................ 5
Purpose and Summary
H.R. 3214 would amend the Federal charter for the American
Veterans of World War II, Korea, and Vietnam (AMVETS).
Background and Need for the Legislation
The American Veterans of World War II were founded in 1944.
They were federally chartered in 1947. Their charter was
amended
by Congress in 1950 to allow Korean War veterans to be members
of the organization and in 1966 to allow Vietnam veterans to be
members of the organization. In 1970, Congress acted to change
the name of the organization to AMVETS--American Veterans of
World War II, Korea, and Vietnam. In 1984, the AMVETS charter
was amended to allow anyone who served honorably after 1940 to
join AMVETS. In 1990, Congress acted to allow the membership
for national guardsmen and reservists.
In 1998, at the AMVETS annual convention, the delegates
voted for an official name change from American Veterans of
World War II, Korea, and Vietnam to American Veterans to more
accurately reflect the membership of AMVETS. Additionally, the
AMVETS have voted to change the structure of their governing
body. H.R. 3214 contains language to reflect the structure
change in the statute. Finally, the organization has changed
the location of their headquarters from the District of
Columbia to Lanham, Maryland. Therefore, the ``Headquarters and
principal place of business'' section of their charter needs to
be changed to indicate they are now located in Maryland.
In order for these changes to be recognized by the
Department of Veterans Affairs the AMVETS Federal charter must
be amended.
Hearings
No hearings were held on H.R. 3214.
Committee Consideration
On April 17, 2002, the Subcommittee on Immigration and
Claims met in open session and ordered favorably reported the
bill H.R. 3214, by voice vote, a quorum being present. On July
10, 2002, the Committee met in open session and ordered
favorably reported the bill H.R. 3214 without amendment by
voice vote, a quorum being present.
Vote of the Committee
There were no recorded votes taken on H.R. 3214.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Performance Goals and Objectives
The bill would change the name of the organization to
American Veterans, the structure of the organization's
governing body, and the location of the organization's
headquarters.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 3214, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 12, 2002.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3214, a bill to
amend the charter of the AMVETS organization.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Melissa E.
Zimmerman, who can be reached at 226-2840.
Sincerely,
Dan L. Crippen, Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 3214--A bill to amend the charter of the AMVETS organization.
H.R. 3214 would make several changes to the Federal charter
for AMVETS, a veterans association. These changes would confer
no Federal benefits. Thus, CBO estimates that enacting this
legislation would result in no cost to the Federal Government.
Because H.R. 3214 would not affect direct spending or receipts,
pay-as-you-go procedures would not apply. The bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would not affect the budgets
of State, local, or tribal governments.
The CBO staff contact for this estimate is Melissa E.
Zimmerman, who can be reached at 226-2840. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article 1, section 8 of the Constitution.
Section-by-Section Analysis and Discussion
SECTION 1. AMENDMENTS TO AMVETS CHARTER
Section 1(a) changes the name of the organization from
AMVETS (American Veterans of World War II, Korea, and Vietnam)
to AMVETS (American Veterans) and also inserts the new name in
the heading of chapter 227 of title 36 and the table of
chapters at the beginning of subtitle II of title 36.
Section 1(b) changes the structure of the governing body of
the organization. The body will consist of a national
commander, two national vice commanders, a finance officer, a
judge advocate, a chaplain, six national district commanders,
and a provost marshal.
Section 1(c) changes the location of the organization's
headquarters and principal place of business from the District
of Columbia to Maryland.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
TITLE 36, UNITED STATES CODE
* * * * * * *
SUBTITLE II--PATRIOTIC AND NATIONAL ORGANIZATIONS
* * * * * * *
PART B--ORGANIZATIONS
* * * * * * *
AMVETS (AMERICAN VETERANS OF WORLD WAR II, KOREA,....
AND VIETNAM)..............................................22701]
VETS (AMERICAN VETERANS).....................................22701
* * * * * * *
PART B--ORGANIZATIONS
* * * * * * *
[CHAPTER 227--AMVETS (AMERICAN VETERANS OF WORLD WAR II, KOREA, AND
VIETNAM)]
CHAPTER 227--AMVETS (AMERICAN VETERANS)
* * * * * * *
Sec. 22701. Organization
(a) Federal Charter.--[AMVETS (American Veterans of World
War II, Korea, and Vietnam)] AMVETS (American Veterans) (in
this chapter, the ``corporation'') is a federally chartered
corporation.
* * * * * * *
Sec. 22704. Governing body
(a) * * *
* * * * * * *
(c) Officers.--(1) The officers of the corporation are a
national commander, [seven national vice commanders, one of
whom shall be a woman, a finance officer, an adjutant, a judge
advocate,] two national vice commanders, a finance officer, a
judge advocate, a chaplain, six national district commanders,
and a provost marshal.
* * * * * * *
Sec. 22706. Exclusive right to name, seals, emblems, and badges
The corporation and its State, regional, and local
subdivisions have the exclusive right to use the name ``[AMVETS
(American Veterans of World War II, Korea, and Vietnam)] AMVETS
(American Veterans)'' and seals, emblems, and badges the
corporation adopts.
* * * * * * *
Sec. 22708. Headquarters and principal place of business
The headquarters and principal place of business of the
corporation shall be in [the District of Columbia] Maryland.
However, the activities of the corporation are not confined to
[the District of Columbia] Maryland but may be conducted
throughout the States, territories, and possessions of the
United States.
* * * * * * *
Markup Transcript
BUSINESS MEETING
WEDNESDAY, JULY 10, 2002
House of Representatives,
Committee on the Judiciary,
Washington, DC.
The Committee met, pursuant to notice, at 10:17 a.m., in
Room 2141, Rayburn House Office Building, Hon. F. James
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
Chairman Sensenbrenner. The Committee will be in order. A
working quorum is present.
It is the intention of the Chair to deal with the three
veterans bills en bloc and then the two private bills en bloc
before getting to the homeland security bill, H.R. 5005.
The first item on the agenda is the consideration of H.R.
3838, 3214, and 3988, which, without objection, will be
considered en bloc. The Chair recognizes the gentleman from
Pennsylvania, Mr. Gekas, the Chairman of the Subcommittee on
Immigration, Border Security, and Claims, for a motion.
Mr. Gekas. Mr. Chairman, the Subcommittee on Immigration,
Border Security, and Claims reports favorably the bills H.R.
3838, H.R. 3214, and H.R. 3988, and moves their favorable
recommendation to the full House.
Chairman Sensenbrenner. Without objection, the bills will
be considered as read and open for amendment at any point.
[The bill, H.R. 3214, follows:]
Chairman Sensenbrenner. The Chair recognizes the gentleman
from Pennsylvania to strike the last word.
Mr. Gekas. I thank the Chair.
These three bills attend to membership problems that have
been encountered by three of our esteemed veterans
organizations: the American Legion, the VFW, and AMVETS. In
each case, the current language of their charters prevents
veterans from succeeding conflicts or wars or battles to be
eligible for respective membership in those organizations.
For instance, in the VFW problem, the veterans from the
action in Somalia and Kosovo would be ineligible under the
current charter language. This would cure that and mean--it
would allow those which were actually conflicts and people
actually died, those would be cleared up in the language of the
new charter.
As to the AMVETS, which was currently--is currently
restricted to American veterans of World War II, Korea, and
Vietnam, the language is changed to allow people to join who
had been in consequent conflicts and wars after those three. So
people in Desert Storm and Desert Shield, for instance,
otherwise ineligible, would now become eligible for the AMVETS.
In the Legion, by quirk of the current language, the people
who are veterans of Desert Shield and Desert Storm again and
Iraq, Bosnia, Kosovo, and Afghanistan would not be eligible to
join the American Legion. This language, as we propose, would
allow them to qualify for those.
I ask for unanimous approval of these three bills.
Chairman Sensenbrenner. The gentlewoman from Texas, Ms.
Jackson Lee.
Ms. Jackson Lee. Thank you very much. Let me indicate my
support for these three bills, which, again, would amend the
Federal charter of the American veterans of World War II under
H.R. 3214, and would--World War II, Korea, and Vietnam vets, to
reflect changes made at their 1998 convention, and in H.R. 3838
would amend the Federal charter of the Veterans of Foreign
Wars. This legislation would allow any member of the Armed
Forces who received hostile fire or imminent danger pay to be a
member of the VFW. And I agree with taking them en bloc, and
H.R. 3988, this bill makes a technical amendment to the
membership qualifications language of the Federal charter of
the American Legion. We're doing as we have been asked and
reviewed, and, therefore, I ask my colleagues to unanimously
support this legislation as we move forward.
Mr. Coble. Mr. Chairman?
Chairman Sensenbrenner. Without objection, all Members may
insert opening statements in the record at this point.
Are there amendments? The gentleman from North Carolina.
Mr. Coble. Mr. Chairman, I move to strike the last word and
will not consume my 5 minutes.
Chairman Sensenbrenner. The gentleman is recognized for 5
minutes.
Mr. Coble. I'd like to ask the gentleman from Pennsylvania
a question, if I may.
Mr. Gekas, it is my belief that the agencies involved
endorse these proposals.
Mr. Gekas. That's correct. The individual organizations
themselves approve, of course, and many of the current members
approve, from what we've been able to discern, and future
members, of course, would like to see----
Mr. Coble. I thank you.
Reclaiming my time, Mr. Chairman, I'm a member of the VFW
and the American Legion Post back in North Carolina, and I
can't speak nationally but I know back home our post continues
to suffer the loss of membership of younger members. Most of
our members are--I don't mean in the geezer stage, but at least
we're advancing in age, and I think--I think these proposals
will address that and probably bring--why is everybody smiling
when I say ``geezer'' and looking at me?
But I yield back, Mr. Chairman, and endorse passage.
Chairman Sensenbrenner. Without objection, the gentleman
from North Carolina's name will be stricken from the roll of
geezers.
Are there amendments? [Laughter.]
Chairman Sensenbrenner. Hearing none, the Chair notes the
presence of a reporting quorum. The question occurs on the
motion to report H.R. 3838, 3214, and 3988 favorably en bloc.
Those in favor will say aye. Opposed, no.
The ayes appear to have it, and the motion to report
favorably is adopted.
Without objection, the Chairman is authorized to move to go
to conference pursuant to House rules. Without objection, the
staff is directed to make any technical and conforming changes,
and all Members will be given 2 days, as provided by the rules,
in which to submit additional dissenting, supplemental, or
minority views.