[116th Congress Public Law 35]
[From the U.S. Government Publishing Office]
[[Page 133 STAT. 1043]]
Public Law 116-35
116th Congress
An Act
To amend title 36, United States Code, to authorize The American Legion
to determine the requirements for membership in The American Legion, and
for other purposes. <<NOTE: July 30, 2019 - [S. 504]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Let Everyone Get
Involved in Opportunities for National Service Act. 36 USC 101 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Let Everyone Get Involved in
Opportunities for National Service Act'' or the ``LEGION Act''.
SEC. 2. <<NOTE: 36 USC 21703 note.>> FINDINGS AND SENSE OF
CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) Since the end of World War II, the Federal Government
has designated specific periods of war, the dates of which are
important for qualification for certain benefits or membership
in veterans organizations established by Congress.
(2) In between those recognized periods of war, during so-
called peacetime eras, the United States military has been
involved in not fewer than 12 known eras, which are unrecognized
by the United States Government as periods of war, resulting in
numerous United States personnel combat casualties.
(3) Those 12 unrecognized war eras occurred at the direction
of the then President of the United States, with full knowledge
and consent of the then Congress.
(4) The first of those 12 unrecognized war eras involving
active United States military personnel was the Greek Civil War,
fought in Greece from 1946 to 1949 between the army of the
Government of Greece, supported by active military personal of
the United States and the United Kingdom, and the Democratic
Army of Greece, the military branch of the Communist Party of
Greece.
(5) During the Greek Civil War, one member of the Armed
Forces of the United States sacrificed his life in service to
the United States, and five others suffered non-combat deaths.
(6) The second of those unrecognized war eras involving
active United States military personnel was the Chinese Civil
War, which occurred during the aftermath of World War II.
(7) During the Chinese Civil War, the United States military
equipped, trained, transported, and supplied the Kuomintang-led
Government of the Republic of China with approximately
$4,430,000,000 in its resistance to the Communist Party of
China.
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(8) During the Chinese Civil War, 14 members of the Armed
Forces of the United States sacrificed their lives in service to
the United States, 150 non-combatants of the United States lost
their lives in the war, and 51 were wounded, resulting in 215
United States military casualties.
(9) The third unrecognized war era involving active United
States military personnel is known as the Cold War.
(10) The Cold War was a period spanning from approximately
1947 until 1991 when the Soviet Union collapsed.
(11) Although no direct large-scale military fighting
occurred between the militaries of the United States and the
Soviet Union, active United States military personnel served in
multiple regional conflicts during the Cold War, resulting in
the deaths of not fewer than 32 members of the Armed Forces who
sacrificed their lives in service to the United States and not
fewer than 12 additional casualties.
(12) The fourth unrecognized war era involving active United
States military personnel is known as the China Cold War.
(13) The China Cold War started when the Kuomintang-led
Government of the Republic of China retreated to the island of
Taiwan and lasted until 1972, after President Richard Nixon
conducted a landmark state visit to China.
(14) During the military operations of the China Cold War,
not fewer than 16 members of the Armed Forces of the United
States sacrificed their lives in service to the United States.
(15) The fifth unrecognized war era involving active United
States military personnel was the Lebanon Crisis of 1958, which
involved more than 14,000 United States personnel and resulted
in the death of one member of the Armed Forces who sacrificed
his life in service to the United States and five non-combat
deaths.
(16) The sixth unrecognized war era involving active United
States military personnel was the Bay of Pigs invasion in April
1961.
(17) The Bay of Pigs invasion was a failed military invasion
of Cuba undertaken by a United States military group sponsored
by the Central Intelligence Agency that resulted in not fewer
than one death of a member of the Armed Forces who sacrificed
his life in service to the United States and 19 non-combat
deaths.
(18) The seventh unrecognized war era involving active
United States military personnel was the Cuban Missile Crisis,
which took place between October 16 and October 28, 1962.
(19) The Cuban Missile Crisis directly related to homeland
protection against the deployment of a Soviet ballistic missile
in Cuba.
(20) During the Cuban Missile Crisis, one member of the
Armed Forces sacrificed his life in service to the United States
and 19 others died as non-combatants.
(21) The eighth unrecognized war era involving active United
States military personnel was the Dominican Civil War in 1965.
(22) Operations during the Dominican Civil War resulted in
the deaths of 27 members of the Armed Forces who sacrificed
their lives in service to the United States, 20 non-combat-
related deaths, and 283 wounded.
[[Page 133 STAT. 1045]]
(23) The ninth unrecognized war era involving active United
States military personnel was the Iran Hostage Crisis, which
lasted from November 4, 1979, through January 20, 1981.
(24) The Iran Hostage Crisis involved military intervention
by the United States which resulted in the deaths of 8 members
of the Armed Forces who sacrificed their lives in service to
United States.
(25) The tenth unrecognized war era involving active United
States military personnel was the Salvadoran Civil War.
(26) The Salvadoran Civil War lasted more than 12 years,
through the terms of two Presidential administrations of the
United States, and resulted in the deaths of 22 members of the
Armed Forces who sacrificed their lives in service to the United
States, 15 non-combat deaths, and 35 other casualties.
(27) The 11th unrecognized war era involving active United
States military personnel started on April 5, 1986, when the La
Belle discotheque in West Berlin, Germany, was bombed, killing
two United States soldiers and wounding 79 other members of the
Armed Forces, which triggered what became known as the Libyan
Conflict.
(28) The military operations of the Libyan Conflict included
numerous air strikes by United States military forces and
resulted in the deaths of two members of the Armed Forces who
sacrificed their lives in service to the United States.
(29) The Libyan Conflict led to the 12th unrecognized war
era involving active United States military personnel, known
collectively as the Persian Gulf Conflicts, which lasted from
July 24, 1987, through September 26, 1988.
(30) The Persian Gulf Conflicts involved United States
military missions to protect Kuwaiti-owned oil tankers which
represented the largest United States naval convoy operation
since World War II.
(31) The Persian Gulf Conflicts resulted in numerous
military operations and the deaths of not fewer than 39 members
of the Armed Forces who sacrificed their lives in service to the
United States and 31 wounded.
(32) Since the armistice that ended the hostilities of the
Korean War on January 31, 1955, nearly 100 active United States
military personnel have sacrificed their lives in service to the
United States in South Korea, and more than 132 people of the
United States have been wounded in-country.
(33) Since January 1, 1947, through all of the unrecognized
war eras involving active United States military personnel, not
fewer than 778 combat and non-combat members of the Armed Forces
have sacrificed their lives in service to the United States and
not fewer than 797 have been wounded.
(34) Since January 1, 1947, the unrecognized war eras
involving active United States military personnel who were
wounded and killed serving their country were administered under
orders from the commander in chief and with the consent of
Congress, proving that the United States has been conducting
deadly wartime service to protect the country consistently since
December 7, 1941.
(35) Eligibility for membership in The American Legion is
determined by Congress through the establishment of specific
[[Page 133 STAT. 1046]]
dates of declared and officially recognized hostilities in which
United States military personnel are on active service.
(36) The American Legion provides invaluable services to its
members and supports the community of veterans who sacrificed in
service of the United States.
(37) Membership in The American Legion allows veterans to
engage in public service activities, such as supporting Boys and
Girls State and Nation, youth mentorship programs, and benefit
assistance, career fairs, and employment assistance for
veterans.
(38) The American Legion has gone on record as supporting
the 12 unrecognized war eras involving active United States
military personnel since the beginning of World War II.
(39) The American Legion has aided, assisted, and comforted
the families of the men and women who were called to serve or
volunteered to serve during all of the unrecognized war eras and
continues to provide support to veterans of those eras.
(40) The American Legion has commended the heroic actions of
all military personnel who risked their lives in defense of
freedom during each of the unrecognized war eras involving
active United States military personnel.
(b) Sense of Congress.--It is the sense of Congress that, in
accordance with the history, tradition, and purposes of The American
Legion, it is fair, proper, and reasonable that the privilege of
membership in The American Legion should be extended to all military
personnel who served on active military duty during all of the
unrecognized war eras involving active United States military personnel.
SEC. 3. ELIGIBILITY FOR MEMBERSHIP IN THE AMERICAN LEGION.
Section 21703 of title 36, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``during any
period from--'' and all that follows through the end of
clause (vii) and inserting the following: ``during--
``(i) the period from April 6, 1917, through
November 11, 1918; or
``(ii) any time after December 7, 1941; or'';
and
(B) in subparagraph (B), by inserting ``or time''
after ``a period''; and
(2) in paragraph (2), by inserting ``or time'' after ``that
period''.
SEC. 4. NONDISCRIMINATION WITH RESPECT TO THE REQUIREMENTS FOR
HOLDING A STAFF POSITION IN THE AMERICAN
LEGION.
(a) In General.--Chapter 217 of title 36, United States Code, is
amended by inserting after section 21704 the following new section:
``Sec. 21704A. <<NOTE: 36 USC 21704A.>> Nondiscrimination
``The requirements for holding a staff position in the corporation
may not discriminate on the basis of race, color, religion, sex, or
national origin.''.
[[Page 133 STAT. 1047]]
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 36 USC 21701 prec.>> is amended by inserting after
the item relating to section 21704 the following new item:
``21704A. Nondiscrimination.''.
Approved July 30, 2019.
LEGISLATIVE HISTORY--S. 504:
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CONGRESSIONAL RECORD, Vol. 165 (2019):
June 11, considered and passed Senate.
July 23, considered and passed House.
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