99–006

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

2

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. 

3

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-yougo 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. 

4

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 

* * * * * * *

ø227. AMVETS (AMERICAN VETERANS OF WORLD WAR II, KOREA, 

AND VIETNAM) ..................................................................................... 22701¿

227. AMVETS (AMERICAN VETERANS) .......................................................... 22701

* * * * * * *

PART B—ORGANIZATIONS 

* * * * * * *

øCHAPTER 227—AMVETS (AMERICAN VETERANS OF 

WORLD WAR II, KOREA, AND VIETNAM)¿

CHAPTER 227—AMVETS (AMERICAN VETERANS)

* * * * * * *

§ 22701. Organization 

(a) FEDERAL CHARTER.—øAMVETS (American Veterans of 

World War II, Korea, and Vietnam)¿ AMVETS (American Veterans)

5

(in this chapter, the ‘‘corporation’’) is a federally chartered corporation. 

* * * * * * *

§ 22704. Governing body 

(a) * * *

* * * * * * *

(c) OFFICERS.—(1) The officers of the corporation are a national 

commander, øseven 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. 

* * * * * * *

§ 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 ‘‘øAMVETS (American 

Veterans of World War II, Korea, and Vietnam)¿ AMVETS (American Veterans)’’ and seals, emblems, and badges the corporation 

adopts. 

* * * * * * *

§ 22708. Headquarters and principal place of business 

The headquarters and principal place of business of the corporation shall be in øthe District of Columbia¿ Maryland. However, 

the activities of the corporation are not confined to øthe 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, 

6

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:]

7


I3214A.eps
8

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 charVerDate Jun 13 2002 22:45 Jul 12, 2002 Jkt 099006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6601 E:\HR\OC\HR569.XXX pfrm17 PsN: HR569

I3214B.eps
9

ter 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 

10

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.

Æ