[House Report 107-571]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-571

======================================================================



 
TO AMEND TITLE 36, UNITED STATES CODE, TO CLARIFY THE REQUIREMENTS FOR 
                   ELIGIBILITY IN THE AMERICAN LEGION

                                _______
                                

   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. 3988]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 3988) to amend title 36, United States Code, to 
clarify the requirements for eligibility in the American 
Legion, 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..........................     2
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........................     2
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................................................     4

                          Purpose and Summary

    H.R. 3988 would make a technical amendment to the 
membership qualifications language of the Federal charter for 
the American Legion.

                Background and Need for the Legislation

    Currently, under the statute, veterans who get out of 
service are eligible to become members of the American Legion 
if they served since: ``August 2, 1990 through the date of 
cessation of hostilities, as decided by the United States 
Government'' and ``was honorably discharged or separated from 
that service or continues to serve honorably after that 
period.'' The United States Government has never issued a 
cessation of hostilities decision. For those who are no longer 
serving, they have discharge papers stating they served 
honorably during that period. However, servicemen who served 
since August 2, 1990 and are still on active duty have no 
discharge papers for the period, and are not serving after the 
cessation of hostilities, but during that period.
    The amendment would simply change the standard for 
qualification to say ``continues to serve during or after that 
period'' to make clear that membership is open to the thousands 
of active duty personnel who served during operations Desert 
Shield, Desert Storm, and all the operations that followed in 
Iraq, Bosnia, Kosovo, and Afghanistan.

                                Hearings

    No hearings were held on H.R. 3988.

                        Committee Consideration

    On April 17, 2002, the Subcommittee on Immigration and 
Claims met in open session and ordered favorably reported the 
bill H.R. 3988, 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. 3988 without amendment by 
voice vote, a quorum being present.

                         Vote of the Committee

    There were no recorded votes taken on H.R. 3988.

                      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 allow active duty personnel who have served 
in military operations and are still on active duty to become 
members of the American Legion.

               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. 3988, 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. 3988, a bill to 
amend title 36, United States Code, to clarify the requirements 
for eligibility in the American Legion.
    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. 3988--A bill to amend title 36, United States Code, to clarify the 
        requirements for eligibility in the American Legion.
    H.R. 3988 would make several changes to the Federal charter 
for the American Legion, 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. 3988 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. CLARIFICATION OF REQUIREMENTS FOR ELIGIBILITY IN THE 
                            AMERICAN LEGION

    Section 1 amends 36 U.S.C. 21703(2) to allow military 
personnel who have served honorably during or after August 2, 
1990, to be eligible for membership in the American Legion.

         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 (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

             SECTION 21703 OF TITLE 36, UNITED STATES CODE

Sec. 21703. Membership

    An individual is eligible for membership in the corporation 
only if the individual--
            (1) * * *
            (2) was honorably discharged or separated from that 
        service or continues to serve honorably during or after 
        that period.

           *       *       *       *       *       *       *


                           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. 3988, 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.

                                  
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