PROCEEDINGS

of the

National Executive Committee

of

THE AMERICAN LEGION

National Headquarters Indianapolis, Indiana October 17-18, 2012 Table of Contents

Wednesday, October 17, 2012

Invocation...... 1 POW/MIA Remembrance Ceremony...... 1 Pledge of Allegiance...... 2 Roll Call ...... 2 Opening Remarks: National Commander James E. Koutz, Indiana ...... 4 Introduction of National Officers ...... 5 Presentation: Theodore Roosevelt, IV ...... 6 Resolution No. 1: Theodore Roosevelt, IV be Appointed Chairman of The American Legion 100th Anniversary Observance Honorary Committee...... 7 Report: Subcommittee on Resolutions...... 8 Memorial Resolutions...... 9 Eulogies: Past National Commander Michael J. Kogutek ...... 9 Earnest N. Schmit...... 11 Juan Cintron...... 12 Reports: National Judge Advocate...... 15 Finance Commission ...... 29 Resolutions: No. 2: Rescinding Resolutions that Conflict with the Charter of The American Legion...... 33 No. 3: Rescission of Outdated Resolutions...... 36 No. 4: Authorization to Purchase Paper from Bulkley Dunton Publishing Group... 36 No. 5: 2013 Enhancements to National Headquarters Computing Environment.... 37 No. 6: Sons of The American Legion Restricted Account...... 38 No. 7: Agreement with the National Veterans Legal Services Program (NVLSP) – 2012-2013...... 38 No. 8: Authorizing Withdrawal from Paid-Up-For-Life Membership Trust for Administrative Expenses ...... 39 No. 9: Authorization for Conducting History Contests...... 40 No. 10: Sales and Royalty Payments made to Departments on Emblem Sales Merchandise Sold within a Department...... 40 No. 11: Commission Paid to Departments for Discount Prescription Drug Program ...... 42 No. 12: Consolidate Heroes to Hometowns Program into Operation Comfort Warriors...... 42 No. 13: National Forensic League (NFL) Sponsorship...... 43 No. 14: Replacement and Extension of Agreement of Permanent Site of The American Legion Baseball World Series...... 45 No. 15: Mandatory Exclusive Insurance Coverage for American Legion Baseball Teams ...... 46 No. 16: Mandatory Background Check Screening for Coaches, Managers and Volunteer Staff of Junior and Senior American Legion Baseball Teams...... 48 Report: National Convention Commission...... 54 Resolutions: No. 17: Registration Procedures at the National Convention of The American Legion...... 56 iii No. 18: Amending Current Articles of Agreement ...... 57 Report: Economic Commission...... 58 Resolutions: No. 20: Support ‘Buy American’ Policy at the Department of Veterans Affairs to Create Jobs and Opportunities for Veterans...... 66 No. 21: Support Veterans Housing Repair and Modification Pilot...... 66 No. 22: Support Federal Legislation that Protects the Employment of Veterans in U.S. Postal Service Mail Processing Facilities that are Slated for Closure...... 67 No. 23: Improve Transition Assistance Program...... 68 No. 24: Federal and State Incentives for Employers to use Veterans’ Preference ... 69 No. 25: Rescinding of National Economic Commission Non-Legislative Resolutions ...... 69 Report: Internal Affairs Commission...... 76 Resolutions: No. 48: Diversity and a Veteran is a Veteran (21st Century)...... 90 No. 49: Disenfranchising (21st Century)...... 91 No. 50: Training and Education (21st Century)...... 93 No. 51: Veteran Outreach Program (21st Century) ...... 95 No. 52: The American Legion Post Operations (21st Century) ...... 96 No. 53: Cooperation with The American Legion Auxiliary and Sons of The American Legion (21st Century) ...... 98 No. 54: Rescinding of Internal Affairs Resolutions...... 99 Report: Membership and Post Activities Committee...... 109

Wednesday Afternoon Session

Announcements ...... 115 Resolution No. 64: 5-Year Membership Plan...... 115 Report: National Security Commission ...... 121 Resolutions: No. 26: Piracy Against American Flagged Vessels ...... 124 No. 27: Military Honors Detail Stipend...... 125 No. 28: National Guard Patriot Academy...... 125 No. 29: Clark Veterans Cemetery...... 126 No. 30: Standardize Care for Recovering Warriors ...... 127 No. 31: Military Service Authorized Strength ...... 128 No. 32: Enhancements to Integrated Disability Evaluation System Process...... 129 No. 33: Develop Joint Department of Defense/Department of Veterans Affairs Rehabilitation Capability ...... 130 No. 55: Protecting the Defense Budget...... 130 Report: National Children & Youth Commission...... 132 Resolutions: No. 61: Establish Children & Youth Post and Department Certificate Awards..... 136 No. 62: Violence & Vandalism in the Schools and Communities ...... 137 No. 63: Rescinding of National Commission on Children & Youth Non- Legislative Policy Resolutions...... 138 Report: Veterans Affairs and Rehabilitation Commission...... 139 Resolutions: No. 34: Department VA Voluntary Service Coordinators ...... 148 No. 35: Coalition to Salute America’s Heroes...... 149

iv No. 36: Encourage all Posts of The American Legion to Appoint or Elect a Post Service Officer and Maintain an Active Service Program ...... 150 No. 37: Department of Veterans Affairs Child Care Programs...... 151 No. 38: Legislation to Provide Reporting, Tracking, and Action Dealing with Sexual Assults at Department of Veterans Affairs Facilities ...... 152 No. 39: Women Veterans Strategic Plan ...... 153 No. 40: Extended Hours & Weekends for Veterans’ Health Care ...... 153 No. 41: Dependency and Indemnity Compensation...... 154 No. 42: Virtual Lifetime Electronic Record...... 155 No. 43: Veteran Coding on Driver’s Licenses ...... 157 No. 44: Decentralization of Department of Veterans Affairs Programs ...... 157 No. 45: Women Veterans ...... 159 No. 46: Department of Veterans Affairs (VA) Non-VA Care Programs ...... 160 No. 47: Prevent Exploitation of Veterans and Family Members Applying for Aid and Attendance ...... 162 Report: Public Relations Commission...... 165 Report: Foreign Relations Commission...... 168 Resolution No. 19: Rescinding Obsolete Resolutions Dealing with Foreign Relations. 169 Report: The American Legion Magazine Commission ...... 170

Thursday, October 18, 2012

Invocation...... 173 Roll Call ...... 173 Report: Americanism Commission...... 175 Resolutions: No. 56: Flag Display...... 181 No. 57: Boy Scouts of America ...... 181 No. 58: American Legion Boys State Program...... 182 No. 59: Oratorical Contest National Finals...... 183 No. 60: Flag Code Amendment ...... 184 Report: Legislative Commission ...... 187 Report: National Historian...... 204 Reports of the National Vice Commanders: Jeanette Rae, Nevada...... 206 Glenn A. Hickman, Ohio...... 207 David R. Hall, West Virginia...... 207 John E. Neylon, New Hampshire...... 208 James H. Holland, South Carolina...... 209 Eligibility of National Officers...... 211 Confirmation of Interim Appointments ...... 211 Confirmation of Cancellation of Post and/or Squadron Charters...... 212 Confirmation of Dates for Future Meetings...... 213 Significant Gifts to the National Headquarters Library and Museum...... 214 Report: Subcommittee on Committees ...... 216 Final Report: Subcommittee on Resolutions ...... 217 Closing Remarks: James E. Koutz, National Commander, Indiana...... 219 Benediction...... 220

Abbreviations ...... 221 Index...... 225 v PROCEEDINGS

of the

NATIONAL EXECUTIVE COMMITTEE

Wednesday, October 17, 2012

...At 9:00 a.m., the National Executive Committee was called to order by National Commander James E. Koutz, and the following proceedings were had. NATIONAL COMMANDER KOUTZ: I call this meeting to order. Facing our Colors, hand salute, one, two. ...The National Executive Committee stood and rendered a salute to the Colors. NATIONAL COMMANDER KOUTZ: We'll now have our invocation by Ronald Derrick, from Idaho, our national chaplain.

Invocation Ronald Derrick, Idaho, National Chaplain

Before I pray, I was handed this Bible this morning. It says that it is to remain in the meeting room of the National Executive Committeemen. That's not where it was found. It was somewhere kind of buried, but just so you know the Word of God survives and it's back where it belongs in this room and it will remain in this room. And it was donated by National Chaplain Tom B. Clark from Buffalo, Oklahoma on Sunday, the 2nd of May 1954. So, the Word of God survives. Let us seek Him this morning. O gracious God, You've granted us rest through the night. We ask now that You would guide our steps and give us strength through the day as we accomplish the business of this great organization. For You and for this country we have assembled. We ask that that which we do will reflect our trust in You and our love for this great country. Be with the widows and orphans. Be with those who would have the need this morning. Keep us mindful of our responsibilities to those who have served, and who are serving, and who will be serving in the armed forces. Let us never forget that we are in the forefront, the leaders to keep a light, the ideals of justice, freedom and democracy. With those principles in mind, O Lord, we ask for Your blessing upon these proceedings and I do so in Your most Holy name. Amen.

NATIONAL COMMANDER KOUTZ: We'll now have our POW/MIA Remembrance Ceremony by National Chaplain Ron Derrick.

POW/MIA Remembrance Ceremony

NATIONAL CHAPLAIN DERRICK: Resolution 288 adopted at the 67th Annual National Convention requires the designation of a POW/MIA chair at all official meetings of The American Legion. This is a symbol of thousands of American POW/MIAs still unaccounted for from all wars and conflicts involving our nation. With the POW/MIA flag positioned to my left, let it serve as a reminder for all of us to spare no effort to secure the release of any American prisoners, the repatriation of the remains of those who have been killed in action, and a full accounting of those who are still missing. Let us rededicate ourselves to this vital endeavor. 2 Proceedings of Wednesday, October 17, 2012 Pledge of Allegiance and Preamble to the Constitution of The American Legion

NATIONAL COMMANDER KOUTZ: I now call on National Sergeant-at-Arms Al Pulido from Indiana, to lead us in the pledge followed by the Preamble to the Constitution of The American Legion. ...The National Executive Committee stood and recited the Pledge of Allegiance followed by the Preamble to the Constitution of The American Legion. NATIONAL COMMANDER KOUTZ: I now call on the national adjutant for the roll call.

Roll Call National Officers

National Commander James E. Koutz, Indiana

National Adjutant Daniel S. Wheeler, Virginia

National Vice Commanders David R. Hall, West Virginia Glenn A. Hickman, Ohio James H. Holland, South Carolina John E. Neylon, New Hampshire Jeanette Rae, Nevada

Past National Commanders

Keith Kreul, Wisconsin (Excused) Richard J. Santos, Maryland Clarence M. Bacon, Maryland Ronald F. Conley, Pennsylvania John P. 'Jake' Comer, Massachusetts Hon. John A. Brieden, III, Texas Hon. H.F. Gierke, North Dakota (Excused) Thomas P. Cadmus, Michigan Miles S. Epling, West Virginia Thomas L. Bock, Colorado Robert S. Turner, Georgia Paul A. Morin, Massachusetts Dominic D. DiFrancesco, Pennsylvania (Excused) Martin F. 'Marty' Conatser, Illinois Bruce Thiesen, California (Excused) Robert W. Spanogle, Michigan William M. Detweiler, Louisiana David K. Rehbein, Iowa (Excused) Daniel A. Ludwig, Minnesota Clarence E. Hill, Florida Joseph J. Frank, Missouri Jimmie L. Foster, Alaska Anthony G. Jordan, Maine Richard M. Pedro, New York Butch L. Miller, Virginia Fang A. Wong, New York Hon. Alan G. Lance, Sr., Idaho (Excused)

National Executive Committeemen

Department Committeeman Alternate Alabama Willis Frazier Alaska James E. Pisa Arizona S. Paul Griffin Arkansas James V. Bynum California Alan C. Lennox Proceedings of Wednesday, October 17, 2012 3 Colorado Ralph P. Bozella Connecticut Richard W. Anderson Delaware Larry J. Marcouillier D. C. Arturo Rivera Florida Robert J. Proctor (Excused) Dennis R. Boland France John H. Miller Georgia Charles F. Wessinger Hawaii Andrew W. Johnson (Excused) Marvin R. Siegfried Idaho Thomas E. Mattice Illinois Luis V. Gonzalez (Excused) Larry W. Moore Indiana W. Darrell Hansel Iowa John J. Ross Kansas David O. Warnken Kentucky Randall Coffman Louisiana Charles D. Aucoin Maine Paul A. L'Heureux Maryland David E. Winpigler Massachusetts Michael E. Cassidy Mexico Michael D. Wood Michigan Thomas G. Holzgen Minnesota Raymond DeZurik Mississippi Robert E. Gosa Missouri Charles W. Goodin Montana Elmer W. Palmer Nebraska Jerry Landkamer Nevada Dale R. Salmen New Hampshire Earlon L. Beale New Jersey William Billy Mack New Mexico Prospero J. Sanchez New York Charles I. Herschlag North Carolina Jerry L. Hedrick North Dakota Curtis O. Twete Ohio William K. Balser Oklahoma Warren D. Wilson Oregon Charles E. Schmidt Pennsylvania Richard A. Coccimiglio Philippines Herbert J. Scholten Puerto Rico Alberto Rodriguez Rhode Island Normand G. Vadnais South Carolina John E. Palmer, Jr. South Dakota Paul A. Evenson Tennessee Charles R. Dornan (Excused) Alvin R. Brown Texas James E. Prendergast Utah William E. Christoffersen Vermont Richard H. Farmer Virginia George C. Lussier, Jr. Washington Michael L. Montaney West Virginia William W. Kile Wisconsin David L. Gough Wyoming William R. Wright, III 4 Proceedings of Wednesday, October 17, 2012 NATIONAL ADJUTANT WHEELER: Mr. Commander, that completes the roll call. You have a quorum. NATIONAL COMMANDER KOUTZ: I now declare a quorum. ...At this time National Vice Commander Rae assumed the Chair.

Opening Remarks James E. Koutz, Indiana, National Commander

Good morning. National Officers, past national commanders, members of the NEC, and all of our guests. George Washington once said, "When we assume the soldier, we did not lay aside the citizen." Now we all know that our military is not to engage in politics, but to me it is unconscionable that public officials are not making it as easy as possible for our military members to vote. Voting is not a political act. It is an act of citizenship. According to the Military Voter Protection Project, the number of absentee ballot requests from the military servicemembers is down by 70 percent since 2008. What's more, oftentimes when the servicemembers cast their ballots, their votes are not counted. This is absolutely unacceptable. The American Legion passed a strong resolution at our Convention this year, but we also need to let all of our home states know that we're watching this process very carefully. Nobody wants to see fraudulent ballots cast, but with today's technology, there's no reason why the Department of Defense cannot step up its efforts to send and receive electronic ballots. And no ballot should ever be discarded because of bureaucratic technicality. It is up to all of us to remind the Legion family members in our home departments how important it is for all of us to engage in this process. We're all about service, and voting is one of the most important services that we can render as citizens. During my legislative testimony a couple weeks ago, I laid out three top priorities for our lawmakers to address: The VA backlog, sequestration and credentialing. Aren't you getting worried about the VA backlog? If you owned a grocery store that was very busy, wouldn't you hire more than one cashier? The lines at the VA seem to be getting longer and longer, while the people who are waiting, have to struggle, not just with their disabilities, but with the economic uncertainty. Ladies and gentlemen, we need to break the back of the backlog. Our message is simple: When you have almost one million veterans waiting for their claims to be resolved, you better hire more staff. And here's another idea: Make sure that additional staff that you hire are mostly veterans. The American Legion is fighting for a major overhaul of licensure and certification policies as they relate to military job skills on both the national and state levels. The Vow to Hire Heroes Act and the Veterans Skills to Jobs Act of 2012 are important steps that we strongly supported and helped shape. But this is only the start of a long march to improve career opportunities for those who have served in uniform. We will continue to work with the White House, the Governors Association, the National Conference of State Legislators, and other agencies to ensure that improvements are made and that existing laws enforced. I just wrote an editorial about sequestration. It is as much of a job-killer as it is a military readiness killer. A George Mason University study estimates that the trickle- down effect of sequestration would cause the loss of 2.1 million jobs nationwide, and add another 1.5 percentage points to the current unemployment rate. Defense Secretary Leon Panetta called sequestration a crazy doomsday scenario. I was at a meeting with the secretary on October 1 in which he said, "We must be able to deal with every threat out there." I couldn't agree more. Sequestration is a real domestic threat. It makes our troops and our nation more vulnerable. It must not happen. Proceedings of Wednesday, October 17, 2012 5 We also need to get congressional candidates on record about how they would vote for the Flag Protection Amendment. We have engaged in this fight for many years now, but the principles embodied in Old Glory don't waiver. Neither should we. Now, on a positive note. Let me tell you what's working well: Our American Legion programs. I'm amazed about the outpouring of generosity I am seeing on my travels. In just four days, my home department, Indiana, raised $32,000 for Operation Comfort Warriors. I set a goal to raise one half million dollars during my year, and from what I have seen at various departments, I think we'll meet that goal. I recognize that there are many organizations out there that are helping wounded warriors, and I salute them for their efforts. But we really need to get behind our own program. No, we don't spend the millions of dollars in advertising that some groups do, but we do have a network of 2.4 million volunteers spread throughout the country. And you can be certain that when you donate your dollar, every dollar to Operation Comfort Warriors, every cent goes to helping the wounded, injured or ill veterans, not to pay salaries and fund some fancy public relations. I am looking forward to a great Legacy Run this year for which we'll not only raise money for outstanding causes, but also raise awareness of The American Legion. We all want to be at an all-time high in membership during our centennial which is less than seven years away. We're not going to make it if we don't start getting ready now. That means engaging new members so they don't exit out the door during renewal time. It means reconnecting with your local military bases, Reserve units and National Guard. It means welcome home celebrations and Blue Star Salutes. It means running a strong public relations program within your departments so the communities can be aware of all the great things your posts are doing every day. And nobody seems to know about it. And I need to know about the great things that you do so I can spread the word. I cannot underemphasize the importance of the Consolidated Post Reports. Please do what you can to ensure maximum participation. This information is extremely important when we visit Washington and remind the members of Congress just what The American Legion is doing in their home districts. Michael Peterson has a song: "It's not who we are. It's what we do." Well, I believe the rubber meets the road at the local post, and we have to do everything we can at the national level to support their efforts and help them succeed. I have no doubt that we continue to do that. Every day is veterans day. Let's have a great meeting. (Standing applause) ...At this time National Commander Koutz resumed the Chair.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, motion to receive and file the report of the National Commander. ...Second. NATIONAL COMMANDER KOUTZ: You've all heard the motion. Any discussion? Hearing none, all in favor, aye. Opposed. Received and filed.

Introduction of National Officers

NATIONAL COMMANDER KOUTZ: Introduction of national officers. Let's start out with our national vice commanders. Jeanette Rae from Nevada. Glenn A. Hickman, Ohio; David R. Hall, West Virginia; John E. Neylon, New Hampshire; James H. Holland from South Carolina. National Chaplain Ron Derrick, Idaho. National Historian N. Larry Rozier, North Carolina. National Sergeant-at-Arms Al Pulido, Indiana. (Applause) 6 Proceedings of Wednesday, October 17, 2012 Reading of Minutes of Previous Meetings

NATIONAL COMMANDER KOUTZ: We'll now have the reading of the minutes of previous meetings. RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, the minutes have been printed in digest form and distributed. I move they be approved without being read. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any discussion? All in favor say aye. Motion carried. Announcements from the national adjutant.

Announcements

NATIONAL ADJUTANT WHEELER: The National Commander's Dinner honoring the NEC is tonight at the Sheraton City Centre, Indianapolis. The reception will be held in the Circle Suite at 6:00 p.m. Dinner will be served in the Meridian Ballroom at 7:00 p.m. NECmen who have not yet submitted names of attendees will find a bright yellow or orange form on your desk. This needs to be completed and returned to Gerrie Harris who's in the back of the room. The cutoff for seating request is 10:00 a.m. this morning. So if you have a yellow form, please complete it and turn it in immediately. Tickets will be available for pickup after lunch in the front office on the third floor. That completes the announcements, sir. NATIONAL COMMANDER KOUTZ: It is now a great honor for me to introduce the grandson of the founder of The American Legion, Theodore Roosevelt, IV. His grandfather was Teddy Roosevelt, Jr., the founder of The American Legion. He is a Legionnaire from Post 1 in New York. Ladies and gentlemen, Theodore Roosevelt, IV. (Standing applause)

Presentation Theodore Roosevelt, IV

Commander, ladies and gentlemen. What a pleasure it is to be here. Now you'll learn today that it's a dangerous thing to give a microphone to a Roosevelt. (Laughter) We are genetically endowed with leather lungs, and we like to talk. Now, as most of you know, I have been deeply honored and I'm humbled by a resolution that I hope you're going to pass, to become chair of your honorary committee. And I'm also delighted to give to you a portrait painted of my grandfather. (Applause) Last week I received an extraordinary letter, and it initially doesn't have a lot to do with T.R. Jr., or The American Legion, but it is totally relevant to what you guys do and you ladies do. Edmund Morris researching in dusty alcoves in a building in New York City came across a letter written by a 14-year-old in the eighth grade who had been charged by his teacher to write an essay about the "Old Lion," President Roosevelt. How that letter managed to survive, I don't know Edmund Morris doesn't know, but it is the last sentence in this third volume on this trilogy of T.R., and the sentence, the last line is: "As part of the class exercise paying tribute to the late colonel," Thomas Meyer wrote, "He was the fulfiller of good intentions." His son read your magazine and learned a little bit about me. And that line I think could be said of The American Legion, the intentions that you are fulfilling are those of the American people for their service men and women. The American Legion is what T.R., Jr., wanted it to be, a nonpartisan advocate for our military personnel, fulfilling our best and most honorable intentions for the men and women who serve. Proceedings of Wednesday, October 17, 2012 7 The needs of our military changed in many ways, but they remain the same in many ways. With hard economic times as your commander mentioned and some of the hardest service we have seen from our veterans, our veterans need you more than ever. You know all the difficulties that veterans face, and we don't want to hear more stories like the one, a vet who had to take his case to the Yale Medical School for private diagnosis of TBI because the VA wouldn't let him be seen by a neurologist. You know that. You know what the charge is. We know what we have to do. And every vet who slips through the cracks is an indictment of our society, and we have to ensure that that doesn't happen. So, I am enormously thankful that The American Legion is such a stalwart organization that is already in place and in play, rising to the occasion as it has throughout its storied history. Thank you all very much, and I can't tell you how humbled I am to look forward to working with you as you prepare for your centennial. (Standing applause)

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, I would like to present Resolution No. 1, if I could. NATIONAL COMMANDER KOUTZ: Yes, sir. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Before I read Resolution No. 1, I would like to ask that Theodore Roosevelt, IV be out here with us beside the portrait, and I would like to ask Bob Spanogle, chairman of the 100th Anniversary Committee to be out here with us.

Resolution No. 1: Theodore Roosevelt, IV, Be Appointed Chairman of The American Legion 100th Anniversary Observance Honorary Committee Origin: 100th Anniversary Observance Committee Submitted by: Finance Commission WHEREAS, Theodore Roosevelt, Jr., envisioned a veterans service organization that would be composed of men and women who had honorably served in the U.S. Armed Forces during wartime; and WHEREAS, The organization he envisioned and helped found would be built on compassion for veterans and their families, community service, patriotic values, strong national defense, the wholesome development of young people and camaraderie; and WHEREAS, The organization would be community-based, without regard for military rank, branch of service, duty station, social standing or political persuasion; and WHEREAS, The American Legion was born of that vision and quickly grew to become and remains today the largest and most influential of all U.S. veterans service organizations; and WHEREAS, The American Legion's 100th anniversary draws near and will be celebrated between August 2018 and November 2019; and WHEREAS, A Vietnam War veteran, with service in the U.S. Navy as a SEAL, and a member of The American Legion, Theodore Roosevelt, IV, is the grandson of Theodore Roosevelt, Jr., and upholds the values that have made the organization relevant, vibrant and effective for nearly a century; and WHEREAS, The American Legion's 100th Anniversary Observance Committee recommends the formation of an honorary committee of distinguished Americans who are connected to the roots of the organization, or have been greatly influenced by some aspect of it; and WHEREAS, This resolution has been reviewed and approved by The American Legion National Internal Affairs Commission and the National Finance Commission, both of whom recommend it to the National Executive Committee; now, therefore, be it 8 Proceedings of Wednesday, October 17, 2012 RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That Theodore Roosevelt, IV, shall be appointed to serve as chairman of The American Legion 100th Anniversary Observance Honorary Committee; and, be it further RESOLVED, That Theodore Roosevelt, IV, shall recommend to the 100th Anniversary Observance Committee, for appointment through established procedures, twelve (12) others who are connected to the roots of the organization, or have been greatly influenced by some aspect of it, to join him on the honorary committee, which will meet at the call of the National Commander to hear reports about observance activities and offer guidance to the 100th Anniversary Observance Committee; and, be it finally RESOLVED, That Theodore Roosevelt, IV, in recognition of this appointment, along with his grandfather's legacy, and in gratitude for donating to The American Legion National Headquarters the original painting "Brigadier General Theodore Roosevelt, 1887-1944," by T.A. Devenish, be made a life member of The American Legion.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This has the approval of the 100th Anniversary Observance Committee, the Internal Affairs Commission, the Finance Commission, your Subcommittee on Resolutions, and Mr. Commander I move for the approval of this resolution. …Second. NATIONAL COMMANDER KOUTZ: You've heard the motion. Any questions? All in favor say, aye. All opposed. Carried. (Applause) ...At this time National Vice Commander Hall assumed the Chair. NATIONAL COMMANDER KOUTZ: First, I want to present you with your cap from Post 1 in New York. Your diamond lapel pin. (Applause) MR. ROOSEVELT: Thank you. NATIONAL COMMANDER KOUTZ: We know you already have your membership card, but here is a life membership card. MR. ROOSEVELT: Thank you very much. (Applause) NATIONAL COMMANDER KOUTZ: And here is a copy of the resolution that was just read, signed by me as national commander of The American Legion, attested by Daniel S. Wheeler, national adjutant. MR. ROOSEVELT: Thank you again. (Applause) ...At this time National Commander Koutz resumed the Chair. NATIONAL COMMANDER KOUTZ: Ladies and gentlemen, let's give a standing ovation, a round of applause. (Standing applause) I now call Jerry L. Hedrick from North Carolina, chairman of the Resolutions Subcommittee.

Oral Report: Subcommittee on Resolutions Jerry L. Hedrick, North Carolina, Chairman

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, your Subcommittee on Resolutions has been in session for the last two days going through resolutions. We will have 63 resolutions that will be presented here today coming from the commissions and committees who will make their reports. Any resolutions seeking National Executive Committee approval will follow the report of the commissions. All resolutions which have been disposed of by other action, or held for further study will be reported on as an addendum. Mr. Commander, I ask that you prepare the National Executive Committee for NEC memorializing resolutions. NATIONAL COMMANDER KOUTZ: Uncover. Proceedings of Wednesday, October 17, 2012 9 ...At this time the National Executive Committee stood in silence for the reading of the following Memorial Resolutions.

Memorial Resolutions Michael J. Kogutek, New York

WHEREAS, It has pleased almighty God, the Great Commander, to summon to His immortal legions our beloved comrade, Michael J. Kogutek, Department Commander 1968 to 1969; National Executive Committee Alternate Member 1969 to 1970; National Commander 1980 to 1981; and WHEREAS, We humbly bow to the will of Divine Providence, while ever cherishing in our hearts the memory of His distinguished service to our country and His outstanding contributions to American Legion comradeship; now therefore be it RESOLVED, That the National Executive Committee of The American Legion, in regular meeting assembled on this 17th Day of October in the year of our Lord 2012, does mourn the passing of our distinguished Legionnaire, Michael J. Kogutek, that we commend to all men His works and to God His spirit; and, be it further RESOLVED, That in token of our common grief, a copy of this resolution be presented to his family.

Eulogy for Past National Commander Michael J. Kogutek

RESOLUTIONS SUBCOMMITTEE HEDRICK: Mr. Commander, I ask that you recognize Past National Commander Fang Wong for remarks about Past National Commander Kogutek. And everybody can be seated. PAST NATIONAL COMMANDER WONG: Thank you, Mr. Commander. I come before you today to remember and honor a dear friend of The American Legion, Past National Commander Michael J. Kogutek, the first Polish-American to serve as national commander of The American Legion. He died on Thursday, August 30, 2012 in Fox Run, Orchard Park, New York at the age of 86. I have known Past National Commander Kogutek for the past 16 years. It was in January 1996 I attended my very first ever Department of New York Mid-Winter Conference in Albany. After registration, I was just walking around the courtyard, and all of a sudden I heard this loud voice yelling, shouting, "Kimlau, Kimlau." I had no idea what it was all about. I looked up and saw this man running toward me, after me, and grabbed me. That was my first encounter with Past National Commander Kogutek. He was so happy to see an Asian face among the Legionnaires, and he immediately associated me with my post, the Kimlau Post. After our formal introduction, he started naming names of members of my post, which I only heard as a young Legionnaire. And he couldn't stop telling me how much he appreciate all those fortune cookies my post supplied him for his run as national commander in Boston, back in 1980. (Laughter) Starting from that day, Past National Commander Kogutek has been a good friend and a mentor. Although we don't get to see each other too often, him being in Buffalo, and I'm being in New York City, he always finds time when the opportunity is given, whether it's Convention, mid-winter, he finds time to stop and chat. He has always been very positive and helpful in guiding a young Legionnaire toward his goals. Always, he supports me because of his friendship, and also his friendship with the Kimlau Post. He's the seventh national commander to be from the great state, Empire State of New York. He was elected The American Legion National Commander, the highest office, at our 62nd National Convention in Boston, Massachusetts. Born and raised in Lackawanna, New York, he was the son of Polish immigrants. He attended the 10 Proceedings of Wednesday, October 17, 2012 Lackawanna High School; studied industrial and labor relations at Cornell University. Earned an associate degree in science from the Empire State College. Past National Commander Kogutek earned his American Legion eligibility by serving in the United States Navy during World War II. He was a Navy Petty Officer Second Class onboard landing craft. He saw combat in New Guinea and the Philippines. Past National Commander Kogutek joined his post, Matthew Glab Post 1477 in Lackawanna as a charter member back in 1946. He held numerous leadership positions at his post, county, district and also at the national level, and also the department level. He served as post commander in 1961, Erie County commander in [19]64-65; department commander, [19]68-69. He was elected as a life member of his post in Lackawanna. At the national level, Past National Commander Kogutek served as Alternate NEC [19]69 to 70; National Advisory Committee to the National Commander, [19]81 to 83. While serving as national commander, he visited all 50 states, and traveled to the Far East, visited the land that he served during World War II. He and his family also met with President Ronald Reagan in the White House during that year. In 1992 he received one of his greatest honors; he was named to the U.S. delegation that flew on Air Force One to escort the remains of Polish Prime Minister Jan Paderewski, to Poland for internment. Mr. Paderewski, whose dying wish was to be buried in his homeland after it regained its independence. And his body had been interned at Arlington National Cemetery for more than 50 years up to that point. While searching for additional material on Past National Commander Kogutek's service to The American Legion, I happened to come across the following interview that was published in the 1980 Legion Magazine. Most interesting. I thought it's fitting to share part of that interview with you today on Past National Commander Kogutek's vision and his commitment. He's a self-made man who characterized himself as "just a grassroots Legionnaire." He directed his acceptance remarks in 1980 to all the Legionnaires, but especially to the blue cappers. He said, "You are the rock the Legion rests on, the foundation it's built on, and the base that keeps it on a strong and sure course." He told them, "If a leader is only as good as those he leads, then I say I cannot fail because I look out on some of the bravest, most courageous and most determined people the world has ever known." On the matter of national security he stated, "This country is more vulnerable today that it has been in years. Foreign governments casually invade other nations without fear of U.S. intervention. American diplomats are held hostage without fear of American reproach or retaliation. This situation, I submit, is the product of foreign powers perceiving the United States to be weak. There is no better time for us to flex our military muscles than right now. We must demonstrate to belligerent nations that the United States has the will and the might to resist aggression anywhere it may occur. We must do whatever is necessary to ensure that politicians and the Pentagon stand up to this sort of international terrorism." That's back in 1980. On the issue of membership, Past National Commander Kogutek stated, "Just living on our past glories and traditions of our organization is not enough. We have to get to the task of making sure we do something positive. Then and only then will we gain the membership, respect and image that is rightfully ours. Somewhere along the line, I would like to see The American Legion reach that magic number of three million. I'm sure that would have much more impact than saying: We have 2.7 million members, or we have 2.64 million. I just take the bull by the horns and try to get this done." He said, "We are going to get some programs, programs that may not have been clearly enough defined in the past, into the right perspective, and we are going to arouse the interest of Legionnaires everywhere and solicit their help. And more than anything else," he continued, "we are going to be heard nationally on issues that are germane to this organization and of concern to all Americans. People are going to know that The Proceedings of Wednesday, October 17, 2012 11 American Legion means business; that we know our business, and that our business is America." Again, that was back in 1980. Ladies and gentlemen, members of the NEC, I believe you will all agree with me that these words of wisdom from Past National Commander Kogutek, some 32 years ago, will stand true to this day. Maybe even more so than back in 1980. Persistent, dedicated, optimistic, concerned, thoughtful and patriotic, those are the words that the 1980 Legion Magazine described National Commander Kogutek then, and that's how we should all remember him today. It was a very sad day for me as I just completed my term as your national commander and I was on my way home from the airport that I first heard of his passing to Post Everlasting. Past National Commander Michael J. Kogutek will be dearly missed by all of us as a dear friend and as a leader of The American Legion family. Thank you. God bless you all. (Applause) NATIONAL COMMANDER KOUTZ: Please uncover.

Memorial Resolutions Earnest N. Schmit, North Dakota

WHEREAS, It has pleased almighty God, the Great Commander, to summon to His immortal legions our beloved comrade, Earnest N. Schmit, Department Vice Commander 1949 to 1950; Department Commander 1957 to 1958; National Adjutant 1967; National Executive Committee Member 1972 to 1980; and WHEREAS, We humbly bow to the will of Divine Providence, while ever cherishing in our hearts the memory of His distinguished service to our country and His outstanding contributions to American Legion comradeship; now there, be it RESOLVED, That the National Executive Committee of The American Legion, in regular meeting assembled on this 17th Day of October in the year of our Lord 2012, does mourn the passing of our distinguished Legionnaire, Earnest N. Schmit, that we commend to all men His works and to God His spirit; and be it further RESOLVED, That in token of our common grief, a copy of this resolution be presented to His family.

Similar resolutions presented to: Walter W. Bonham, Oklahoma; Michael H. Hogan, Iowa; John A. Jarosinski, Maryland; Raymond G. Howe, Mississippi; Juan H. Cintron, Puerto Rico; Francis W. Ethun, Sr., Texas.

Now the Labourer's Task is O'er Now the labourer's task is o'er; Now the battle day is past; Now upon the farther shore Lands the voyager at last. Father, in Thy gracious keeping Leave we now Thy servant sleeping J. Ellerton

Eulogy for Earnest N. Schmit

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Thank you. Mr. Commander, I think we have someone who wants to give a eulogy for Mr. Schmit. NATIONAL COMMANDER KOUTZ: Permission granted. Curtis Twete. Please be seated. 12 Proceedings of Wednesday, October 17, 2012 NEC MEMBER TWETE (ND): Thank you. Commander, members of the NEC, friends and guests. It's a point of personal privilege to be able to make some remarks about a gentleman I met early on in my Legion career. A gentleman who served a lot of years on the National Convention Commission, and whom I watched banter between he and Glenn Green, two individuals that were mentors to Paul Evenson, the NEC from South Dakota, and Ernie, to me, as the NEC of North Dakota. Ernie Schmit, retired U.S. Army Colonel and past North Dakota state American Legion commander; a past American Legion national adjutant, and appeal representative for Congressman Mark Andrews, died October 11, 2012 at the age of 95 with his two sons by his side. The passing of Ernie brings forward another recognition to a dear friend of mine, Past National Commander Spanogle, as now being the oldest living past national adjutant. Ernie could not have imagined as a 23-year-old leaving Beach, North Dakota to join the Army in 1941, that he was actually taking the first steps of a career largely in service of his country and the men and women in uniform who defend it. Just before he left for Europe during World War II, their first son, Nick, was born. Ernie returned from the war as a captain, and promptly joined The American Legion post in Beach, North Dakota, a hop, skip and a jump from the Montana border on Interstate 94. Ernie was fondly known amongst his colleagues of North Dakota as "a son of Beach" and well respected throughout the department. He was the face of The American Legion and his post in Beach, and very instrumental in seeing that many young men got to attend Boys State. He returned to Beach and became part of The American Legion post there, and also the Army Reserve unit there, and worked his way into higher ranks. Over the next 12 years in Beach, Ernie owned and operated two service stations, as well as a tire and radiator repair shop. In 1957 he ran successfully for state American Legion commander, a position that allowed him to become familiar with Legion posts and Legionnaires all around the state. That experience led to a position in the state headquarters in Fargo. He was asked to manage the former Governor John Davis' ultimately successful campaign for national American Legion commander, after which Ernie was appointed to the position of national adjutant of The American Legion in Indianapolis. He and Commander Davis toured American bases in Southeast Asia for a first-hand account of our war efforts in Vietnam. But Ernie wanted to live and work in North Dakota, so in 1967 he returned, joined the active Army and accepted responsibility for the North Dakota Selective Service, eventually working his way to the rank of colonel. Ernie's exceptional familiarity with the towns and the people of North Dakota from his past positions, prompted Congressman Mark Andrews to ask him to manage his office in Bismark, and to be North Dakota's field representative, which he did with aplomb. He had a special interest in the people and an exceptional skill for remembering their names and personal details which were very helpful to the congressman and his work in the state. In 1982, Ernie and Ann, who was a primary school teacher, both retired and began spending winters in Mesa and summers in Bismarck. A life rich with sunshine, new friends and experience. Long live the memory of your friend and mine, Ernie Schmit, past national adjutant. I thank you, Commander. (Applause)

Eulogy for Juan Cintron

PAST NATIONAL COMMANDER COMER: Mr. Commander, may I address the body? NATIONAL COMMANDER KOUTZ: Past National Commander Comer. Proceedings of Wednesday, October 17, 2012 13 PAST NATIONAL COMMANDER COMER: Comrade Commander and members of the National Executive Committee and guests. So often we come to these meetings and we listen to Jerry express various individuals that have passed on, like me today it's the first time we hear of some of these deaths, and I just want to take just a few brief moments, I will be very brief, a couple of sentences to speak about an individual that I respected so very much, it's Past National Vice Commander Juan Cintron of Puerto Rico. Juan comes from a very small department but he was very big here in the National Executive Committee room. Juan served as mayor of his hometown in Ponce, Puerto Rico and went on to become a secretary in one of the governor's staff following that. But he and his wife Alba was a very close friend of mine, and when I visited Puerto Rico beyond being a commander, he would meet me and go up to his daughter's house and have a little repast, but he was a bright, bright individual, great guy, and for those that are sitting in this room that remembers Juan, he was one the best. Thank you very much. (Applause) NATIONAL COMMANDER KOUTZ: Mr. Hedrick, anything else? RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: That's it, Mr. Commander.

Donations to American Legion Charities

NATIONAL COMMANDER KOUTZ: Ladies and gentlemen, I'll ask now for any donations to any American Legion charities. Please line up and come forward. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, while everyone is coming up here to give to the charities, I would like to put a challenge to the National Executive Committeemen and the Alternate National Executive Committeemen. Before we leave here today I challenge you, and I'll make the first donation to the Commander's Operation Comfort Warriors campaign, a $20 donation. And I challenge each NECman and alternate to do the same before we leave here today. Thank you. ...At this time National Vice Commander Hickman assumed the Chair. DEPARTMENT COMMANDER RICHARD (NC): Mr. Commander, on behalf of the World Series in Shelby, North Carolina, I have a thousand dollar check for Operation Comfort Warriors. PAST NATIONAL COMMANDER COMER: Commander, yesterday we had our New England Regional Caucus. I chaired that meeting, and during the Pledge of Allegiance to the Flag, anyone who did not have their Legion cap and salute, had to come up with five dollars. So I present to you on behalf of the Region I, $50, for 10 fellows who did not have their caps. And I don't understand why Jerry didn't include the past national commanders, so here's my twenty dollars. DEPARTMENT COMMANDER DOWSE (AZ): Commander from the nice, warm, sunny state of Arizona, I have a few checks for you. From our Post No. 42, our Grand Canyon Post in the state of Arizona, I have a check for $500 to the Children's Miracle Network. Also from the same post, our Grand Canyon Post No. 42, I have a check for $1,000 to the National Emergency Fund. I also have from our Department of Arizona, for the National Emergency Fund, a check for $6,000. And last but not least, I have a check from the Department of Arizona for Operation Comfort Warriors for $1,000. DEPARTMENT ADJUTANT WEST (TX): Good morning, commander and members of the NEC. As Ye King of Ye Steivos, I'm here this morning to report to you on our successful fundraising effort on Monday night, and we thank all of you for your efforts and participation. We raised $3,624 this year. One of the best years we've had. Commander, here for Operation Comfort Warriors, a check for $3,624. 14 Proceedings of Wednesday, October 17, 2012 DEPARTMENT COMMANDER DAVIDSON (WY): Commander, on behalf of the Department of Wyoming, I'd like to present you a check for $1,000 for Operation Comfort Warriors. DEPARTMENT COMMANDER COCCO (PA): Commander, on behalf of the great Department of Pennsylvania, I would like to present a check to the Legacy Fund for $10,000. I would like to give a little story on this check. After being elected in July, commander of the great Department of Pennsylvania, my son who lives a hundred miles away and as a Legionnaire, was in his post, and he mentioned to the couple next to him that his father was elected department commander, and that his Legacy Fund was going to be his fund. The gentleman pulled a checkbook out of his pocket and wrote this check for $10,000. NEC MEMBER COCCIMIGLIO (PA): Commander, first of all, here's my $20 so I can get out of the room. And on behalf of our American Legion Riders, our Chapter 17 in DuBois. We have a small chapter. We have an Honor Run each year, and the Honor Run is in honor of four men who died in our area in Iraq and Afghanistan, Michael Tully, Chris Loudon, Brandon Read, and sadly but in honor we add a new one, Joey Garrison. So in their honor from our American Legion Riders Chapter 17 for your Comfort Warriors Fund, $6,224. DEPARTMENT COMMANDER ROSS (IA): Mr. Commander, from the Department of Iowa, I would like to present you a check for $15,619. NEC MEMBER BEALE (NH): This from New Hampshire, my own post, Laconia, $100 for your project. I wish it were more. NEC MEMBER MILLER (FR): Mr. Commander, from the Department of France, here's $210 for Operation Comfort Warriors. UNIDENTIFIED NEC MEMBER: Mr. Commander, I would like to present a donation of $100 that was collected yesterday morning at the Southeast Commander's Breakfast. NEC MEMBER FRAZIER (AL): Commander, on my being absent from Ye Steivos and being fined $25 by Adjutant Hawk from South Carolina, I would like to make this donation and pay my fine of $100 to Operation Comfort Warriors. NEC MEMBER KILE (WV): Mr. Commander, I have $80 here for you from myself, my alternate NEC, Past National Commander Miles Epling, and I'm also going to add another $20 for Mr. Hedrick because he's originally from the state of West Virginia, but he doesn't claim us anymore. So we're going to pay that. NEC MEMBER HEDRICK (NC): God bless you, brother. UNIDENTIFIED DEPARTMENT OFFICER: Mr. Commander, from the members of FODPAL, I have a check here for $200. NATIONAL VICE COMMANDER HALL: Commander, I have three presentations. The first one is a $25 check from the Auxiliary of the 4th District of West Virginia. The second one is for $100, and that is from my home post, Post 140 in New Haven, West Virginia. And the third is whoever made the challenge to the national vice commanders for $20 each, here is our donation for that. Thank you. NATIONAL COMMANDER KOUTZ: Let me say that I know they're not in the room yet but the Sons of The American Legion has donated $30,000 to Operation Comfort Warriors. (Applause) ...At this time National Commander Koutz resumed the Chair. NATIONAL COMMANDER KOUTZ: This afternoon we'll have another opening for donations to any charity that you may wish to donate to, and we'll have the total of what was collected this morning. I will now call for the report of National Judge Advocate Philip B. Onderdonk. Proceedings of Wednesday, October 17, 2012 15 Oral Report: National Judge Advocate Philip B. Onderdonk, Jr., Maryland

Mr. Commander, members of the NEC, Legionnaires, guests. Into every life a little rain must fall, and now the lawyer has to talk. Before I do, at least give my report, the national adjutant has requested that I clarify the new documents that have been passed out so that everybody understands what is the current version of the National Constitution and Bylaws. It has the words "Charter of The American Legion" at the very top. It also includes our corporate charter at this time. It is up-to-date. So, of course, Murphy's Law also applies. The phone number on the back is wrong. It's an Americanism number and not our main number. It should be twelve hundred. And when confronted with this, the national adjutant said, and I quote, "Murphy was an optimist." (Laughter) I have to agree with him. Rules of the NEC, Revised May 9- 10, 2012. That's the current version. If you have an older version, please get rid of it. Use the new one. Okay? And now for my report. It's 29 pages but it's going to be real quick, because the first sixteen are contracts, two hundred and ten. Then we start the litigation. The Michael Newdow case, this is the Pledge of Allegiance case, still hangs on. It's questionable whether he has appealed or will appeal, but since this is in California we're taking no chances, we're keeping it open. The Jeffrey Steich case, this is in Pennsylvania. This is a case that was started by praecipe for summons. There's been no complaint. After five years it should have been dismissed if he didn't follow up. The court has let it sit there. We see no reason to waste money to send papers into Pennsylvania or go there and appear in person to say, "Please dismiss the case." If nothing happens, we'll just let it sit there. If he tries to open it up, it will be dismissed once the judge realizes it's been around so long. The Philip Paulson case, this is the Mount Soledad War Memorial where we are an amicus to protect the memorial, which is a cross, from the ACLU. And the matter is proceeding toward the Supreme Court, and we will be going. In any case where we are an amicus, our counsel serves pro bono. So, we're in good shape there. The matter is continuing. That's about all I can say. It's going to take a while. The Scott Rainey case, Veterans of Foreign Wars District 4, this was the cemetery case down in Houston. In 2007, the deputy secretary of the VA issued a memo saying the VA could control funeral ceremonies. And that the honor guards could not use, and the funerals could not use the words God or Christ in the ceremony. Now, this is a total violation of the First Amendment of the U.S. Constitution and all principles of Americanism. So we joined in that case and we won. The government says they settled, but they paid all our counsel $215,000 under the Equal Access to Justice Act. When the federal government pays that much money, I count it as a win; right? I mean, we know how they operate. (Applause) Lance Davenport versus American Atheists. This is a case where we are an amicus in support of the Utah State Police's practice of putting up crosses where an officer is killed on the highway, and we don't know when we're going to get a result on that case. There's some back and forth going. Kevin Lucey versus Prudential Insurance Company. We're an amicus in this case. Prudential Insurance handles the insurance for service personnel. They pay the money in if they die on active duty, it's a benefit of $400,000 to the family. Now this benefit is supposed to be a check. What they're getting is a checkbook, keeping the money on deposit earning over five percent, and they do give the family a half of a percent. We think that's fraud. So we have joined in that case as an amicus. The judge was on our side but just recently without briefing or hearing, he seems to have changed his position. So we are re-briefing and going up again. 16 Proceedings of Wednesday, October 17, 2012 And in fact, in our research in this matter, we find that if the person, the service personnel die in combat, Congress appropriates $400,000, which is given to the VA and given to the insurance company to give to the family. Of course, they're just getting a checkbook. But the way I do math, I would think that if the person dies in combat, that should be $800,000 to the family, because they paid for the other 400,000 that they're not getting. So we have a number of issues that we're going to be exploring in this case. That last issue of eight hundred thousand is not part of the case, but when we win the first part, then we'll consider where to go for the second part. The Alvarez case, we all know that was stolen valor. We lost. A new act has gone through the House, it hasn't gone through the Senate. The Strandlof case is another stolen valor. Obviously, kicked out because of the Alvarez decision. Lionel Guerra versus Eric Shinseki. This involves The American Legion going pro bono for a veteran. He has a number of disabilities. Two 70 percent ratings; two 40 percent ratings, and a 30 percent rating. But the VA won't rate him a hundred percent. I'm not kidding. We think it should be, so we're taking that case up. We have the Amy Vincent case. This is the case involving a car accident in Alaska. The people who caused the accident were going downhill on a long steep hill covered with ice, and they started skidding and crashed. A grandmother and a granddaughter were killed, and we believe the mother may have died later. The people on the Auxiliary side were headed for a district convention in Fairbanks. So when the lawsuit came, they're suing everybody: unit; post; district meeting; department and national. Now, we've gotten rid of two cases ever since our charter changed by simple motion to dismiss. In this case we didn't even have to file a motion to dismiss. We showed the charter change to the plaintiff's lawyer and he said, "I don't want you in my case," and kicked us out, for which we said thank you. He also kicked the Auxiliary out. I did not complain. As I represent them they will have saved a little money too. We'll take it. On other legal matters, 1,188 written opinions to the Legion; 223 manuscripts reviewed; 21 opinions to the Auxiliary. Attending all the meetings. I won't bother to read all that. It's in the written report. But I do need to talk about The American Legion National Headquarters, National Executive Committee, officers and/or key employees, questionnaire on potential conflicts of interest. This form was passed out. Now, this comes from a requirement that Congress put on for-profit corporations. It did not cover tax-exempt organizations until the IRS decided to apply it by regulation. So we're stuck with it. And it requires every member of the board of directors to disclose any conflicts of interests of that voting member. That would include the national vice commanders, national commander, each NECman and each alternate. So the forms have been passed out. It requests that you fill them out, and let me have them sometime before you leave town. It will save me having to write you a letter and you have to write back and all those details. When disclosing, you cannot disclose too much, but you can disclose too little. Remember the Senator from Alaska who didn't disclose, at least according to the attorney general's office, it turned out later that they knew they were wrong and they were just playing politics, but he lost his election because of all that publicity, and was on a fishing trip and the plane crashed and he got killed. So things can happen that way. Past National Commanders should fill out the disclosure. They do not have to yet. Now, that change will be coming one of these days, but I see no reason to alert the IRS. For example, if you have a relative that works for the department or works for a post, just put it down. It's not a conflict of interest, but if it's down there you certainly can't have anybody accuse you that you left anything out. Are there any questions? Mr. Commander, that completes my report. Thank you, sir. Proceedings of Wednesday, October 17, 2012 17 Report: National Judge Advocate P. B. Onderdonk, Jr., Maryland

Contracts

The following two hundred and six (206) contracts have been reviewed or prepared: (1) Articles of Agreement by and between The American Legion and The American Legion Maryland National Convention Corporation, Inc., covering the convocation of the 2015 Convention of The American Legion in the City of Baltimore, State of Maryland, have been executed. (2) A Memorandum of Agreement by and between The American Legion and National Veterans Legal Services Program, whereby National Veterans Legal Services will provide consultations, informal training of Department Service Officers, BVA staff and claims/representatives, case work review, briefings on proposed changes in law and regulations and assistance in methods for prompt adjudication of veterans' appeal cases. (3) An Agreement by and between The American Legion and AdoptaPlatoon (AAP), whereby a link has been established to Operation Crayon referring to AAP which provides morale-lifting mail and care package support to service members deployed overseas. (4) A Service agreement by and between The American Legion and Powerware Global Services, whereby Powerware Global Services replaces and services the battery in the computer room. (5) An Agreement by and between The American Legion and Data Processing Services, Inc., whereby Data Processing Services will add 15 disc drives to the computer system and create and add drives to the computer system storage capacity. (6) An Agreement by and between The American Legion and Neighborhood E- mail, whereby Neighborhood E-mail will assist in cleaning of in-house data base and E-mail files. (7) A Service Agreement by and between The American Legion and Fuller Engineering Service Corporation, whereby Fuller Engineering will provide maintenance on the Liebert Equipment in the computer room. (8) An Agreement by and between The American Legion and Dell Marketing L.P., whereby The American Legion will market the Dell Federal Member Computer Discount Purchase Program to its various associations, employees, members and affiliates. (9) An Agreement by and between The American Legion and KBM (KnowledgeBase Marketing-Mutual of Omaha) for marketing of insurance products for Legion members. (10) An Agreement by and between The American Legion and Norlight Telecommunications, Inc., whereby Norlight Telecommunications, Inc. will provide a dedicated internet port and service of same for The American Legion's computer system. (11) Housing contract between The American Legion and Marymount University to provide for lodging and food service for American Legion Boys Nation held in July 2012. (12) A Memorandum of Understanding by and between The American Legion and The United States Army Recruiting Command (USAREC), whereby The American Legion will assist the United States Army Recruiting Command to improve the recruiting environment for Army recruiters and USAREC will 18 Proceedings of Wednesday, October 17, 2012 provide information regarding American Legion activities and special community events to local units, bulletins and newsletters. (13) An Agreement by and between The American Legion and the James G. Elliott Co., Inc. for integration into the JGECO M-PANEL Services software. (14) An Agreement by and between The American Legion and ProSidian Consulting, LLC, for research services to assess perceptions of and satisfaction with Women Veterans health care. (15) A contract by and between The American Legion and Office Max to provide office supplies, office furniture, technology and similar products. (16) Two (2) List Protection Agreements by and between The American Legion and the following companies have been executed to cover the protection of magnetic tapes used for mass-mailings to the general membership of The American Legion: Resource One Association Group Insurance Administrators (AGIA) (17) A Service Agreement by and between The American Legion and Sigma Micro Corporation for The American Legion's Technical Services Rate Retainer (TSRR) subscription for hardware, operating system and environment support. (18) A Service Agreement by and between The American Legion and Budget Truck Rental, LLC for truck rental discount program. (19) Maintenance Agreement by and between The American Legion and Comtech Group for the IBM Software subscription for the AS400 and RS6000 computer software. (20) Maintenance Agreement by and between The American Legion and City Wide of Indianapolis for structural and environmental services (cleaning) at the Geiger facility. (21) A Contract by and between The American Legion and Communications Products, Inc. for software upgrade for the existing server running Windows Server. (22) An Agreement by and between The American Legion and Voice Data Systems, LLC, for Nortel CS1000 Telephone System. (23) Maintenance and Sales Agreement by and between The American Legion and Ikon Office Solutions, Inc. for equipment maintenance. (24) An Agreement by and between The American Legion and Dydacomp Development Corporation for an updated version of mail order manager software used by Emblem Sales. (25) A License Agreement by and between The American Legion and RLX Video, Inc. This is the vendor TN Marketing uses to provide their DVD's. (26) Annual Maintenance agreement by and between The American Legion and Eaton Power Quality Corporation to provide maintenance and perform preventative maintenance checks on the Uninterruptible Power System (UPS) which regulates the power spikes to the AS400 and is the battery backup in case of a power outage. (27) A License Agreement, by and between The American Legion and Lansa Inc. for software. (28) An Agreement by and between The American Legion and Caremark Pharmacy Discount Prescription for discount prescription program. (29) A Purchase Agreement by and between The American Legion and Managing Editor, Inc. (MEI) for K4 Publishing System software to be used by the Magazine Division. (30) An Agreement by and between The American Legion and The Seven Company, LLC, a consulting service to obtain and present sponsorships, marketing agreements and marketing loyalty program agreement for The American Legion. Proceedings of Wednesday, October 17, 2012 19 (31) A Service Agreement by and between The American Legion and Koorsen Fire & Security for fire alarm and detection systems. (32) An Agreement by and between The American Legion and Sears Commercial to promote products provided by Sears Commercial as a discount benefit to Legion members and employees. (33) An Agreement by and between The American Legion and Pitney Bowes Software, Inc. for software products. (34) An Agreement by and between The American Legion and Vanguard Car Rental USA Inc. (Alamo and National), which offers car rental discount programs to Legion members. (35) An Agreement by and between The American Legion and ASC Data Service which supplies data for four-year colleges for the Need a Lift brochure. (36) An Agreement by and between The American Legion and Fundamentals Company, Inc. to provide a fundraising opportunity through the sale of magazine subscriptions for Legion members and their families. (37) An Agreement by and between The American Legion and Bulkley Dunton Publishing Group for the purchase of paper to The American Legion. (38) An Agreement by and between The American Legion and Talagy for temporary help during the 2012 national convention. (39) An Agreement by and between The American Legion and Time Warner telephone and data lines services which includes firewall management, internet "pipe," main voice lines, data line to DC office and data line to the Geiger facility. (40) An Agreement by and between The American Legion and Swift Trip, LLC, Legion Family Travel. Discount travel services for Legion members and their families. (41) An Agreement by and between The American Legion and Mid America Marketing Cancer Care Plus Insurance Program, underwritten by Family Heritage Life available to Legion members. (42) An Agreement by and between The American Legion and WebStream Productions to provide live video webcast streaming of the American Legion World Series Baseball games for 2012. (43) An Agreement by and between The American Legion and Reader's Digest Association to help utilize the DMS Program. (44) An Agreement by and between The American Legion and AT&T to upgrade the internet services to the Geiger facility. (45) A Service Agreement by and between The American Legion and Brinks for pick-up and delivery services. (46) An Agreement by and between The American Legion and OfficeMax for discounted office supplies and print and document services for Legion and SAL members. (47) An Agreement by and between The American Legion and RoadCare Plus for a discount, full-service roadside assistance program for Legion members. (48) An Agreement by and between The American Legion and Honeywell Building Solutions for integrator and/or digital video manager software products. (49) An Agreement by and between The American Legion and USAA to provide financial products and services to members of the U.S. military and their families. (50) An Agreement by and between The American Legion and Bowe Bell and Howell, the service provider for the cutters in the Geiger facility lettershop. (51) An Agreement by and between The American Legion and Michael Peterson for his CD/DVD developed for The American Legion Family. 20 Proceedings of Wednesday, October 17, 2012 (52) An Agreement by and between The American Legion and Ski Landscape Ground Maintenance Renewal which provides grounds maintenance and snow removal for the Geiger facility. (53) An Agreement by and between The American Legion and Mapsys System & Solution to renew the IBM Maintenance Agreement for peripheral equipment attached to the AS400. (54) An Agreement by and between The American Legion and Anchor Software, LLC, software used for mass mailings. (55) An Agreement by and between The American Legion and Travel Leaders provides travel management services and travel reservation fulfillment. (56) An Agreement by and between The American Legion and Mid-America Elevator Co., Inc. for maintenance of the elevators at 700 N. Pennsylvania Street building. (57) An Agreement by and between The American Legion and VDS, an upgrade and maintenance support to the Avaya phone system. (58) An Agreement by and between The American Legion and McGill Power Sales and Engineering, Inc. for the purpose of a 3-year maintenance plan for the new UPS system. (59) Agreement by and between The American Legion and TWTelecom for internet circuit upgrades. (60) An Agreement by and between The American Legion and Grand Beach Inn for American Legion Baseball participant lodging. (61) An Agreement by and between The American Legion and Specialists Marketing Services, Inc. for acquiring outside name lists for the DMS Program. (62) An Agreement by and between The American Legion and Sudden Industries to analyze ways in which the Legion and members could benefit from using mobile devices to communicate, market and promote services and programs. (63) An Agreement by and between The American Legion and PAETEC Communications for necessary connections for the purchase of the new telephone system hardware and software at the DC facility. (64) An Agreement by and between The American Legion and Weider History Group for acquiring outside name lists for the DMS Program. (65) An Agreement by and between The American Legion and Skibo Corp. and Ballavance Consulting for software for the Paychex TLO that imports pay-cycle data to Finance Division. (66) An Agreement by and between The American Legion and Xerox for CF 495 Printer and maintenance services and deliverables of their products. (67) An Agreement by and between The American Legion and AT&T for mobile device and service plan discounts. (68) An Agreement by and between The American Legion and Hear PO a discount program provider for hearing services and products for Legion/SAL members, their families and Legion employees. (69) An Agreement by and between The American Legion and The Country Club of Indianapolis for the annual Golf Outing. (70) An Agreement by and between The American Legion and @mire, inc. for work on the Digital Archive used by the Legion Library. (71) An Agreement by and between The American Legion and Hilton Hotels Corporation for lodging for World Series Baseball participants. (72) An Agreement by and between The American Legion and Pitney Bowes Postage Meter System, Lease Agreement used at the Geiger facility. (73) An Agreement by and between The American Legion and Alpha Media Group for acquiring outside name lists for the DMS Program. Proceedings of Wednesday, October 17, 2012 21 (74) A Lease Agreement by and between The American Legion and Xerox for replacement of the iGen3 digital press. It replaces the existing iGen3 currently operating on a one year extension of the original agreement. (75) An Agreement by and between The American Legion and WealthEngine, consultants for the Fundraising Division. (76) An Agreement by and between The American Legion and Stafforward Staffing for temporary staff used by Emblem Sales at the 2012 national convention. (77) An Agreement by and between The American Legion and West Point Association of Graduates United States Military Academy for advertising in their newsletter. One Hundred-thirty-two (132) Subcontractor Standard List Protection Agreements by and between The American Legion and the following companies have been executed to cover the protection of magnetic tapes used for mass mailings to the general membership of The American Legion:

4 Warranty Freedom Graphic Systems A.M. Mailing Services, LLC Fry Communications, Inc. Aberdeen American News-South Dakota Fulfillment Xcellence, Inc. Able Card, LLC FXI Acxiom G E Financial Assurance AEGON Direct Marketing Gallagher Benefit Services ALG Worldwide Logistics, Inc. Global Card Services Analytics IQ. Inc. GMAC ASC (The College Board) Goldleaf Data Corporation Audit Bureau of Circulations HNE Printers/Daily Reporter Avis and Budget Car Rental Hutchinson Company Bankers Life & Casualty Company info USA, Inc. Beta Graphics Instant Web, Inc. DBA (IWCO) Brickmill Marketing Services International Data Management Business Mailing Center Jano Graphics Careington International JH Marketing Services Caremark, LLC Confidentiality KDM CD-COM Systems Midwest, Inc. Knowledge Base Marketing, GP CES Mail Communications, Inc. Konik and Company Colonial Penn Life Insurance Company Kramers Mailing Service Commander Printed Products Life Line Screening Commercial Letter, Inc. Lighthouse List Company Cooperative Print Solutions Long Term Care Associates, Inc. Corporate Express Document & Print Mgmt. LTCR Analytics IQ, Inc. Creative Marketing Concepts Magnet Direct Crell Direct Mail Mail Computer Services Direct Daily Freeman Journal Mail Manager Database 101 Mailing Services of Pittsburgh Datagraphic Mainstreet Media Data-Mail, Inc. MCS Direct Dayton Technologies Media 1, LLC DMRA Merkle, Inc. E H Direct Midwest Direct Mailers Edge Direct Military Advantage Entiera MMP Direct and Printing Epsilon Moore Wallace Response Marketing Equifax Direct Marketing Solutions, LLC Morgan Printing, Inc. E-Target Media Mutual of Omaha Fahlgren Mortine Name-Finders List First National Bank of Omaha National General Insurance Fiserv Solutions, Inc. Nfocus Consulting, Inc. 22 Proceedings of Wednesday, October 17, 2012 North Mail, Inc. The Mailing House On line Insurance Services, LLC The Heritage Company PacifiCare The Hertz Corporation Peachtree Data, Inc. The JAY Group, Inc. PEP Direct, Inc. The Willow Group Perma-Graphics, Inc. TN Marketing PipMail Torrington Telegram-Wyoming Print Communications, Inc. Transamerica Printing Partners, Inc. TransAmerica Affinity Services, Inc. Production Services Associates, LLC Transcom Propco Marketing TransContinental Direct PSA Travalution, LLC Quadriga Art, Inc. True North Companies R.R. Donnelley & Sons Company US Monitor Richardson Sports V12 Group Ripon Printers Valley Printworks River's Edge Printing Ventura Printing Royle Printing Company VERTIS SB MailWorks Veterans Online, LLC SCI Management, LLP Virtual DBS Signature Offset Vision Printing & Graphics, LLC SIRVA Affinity Group Services Weider History Group Specialty Print Communications Wiland Direct Stephens Direct Wilson Sporting Goods Co. Strategic Marketing and Mailing Woodward Communications, Inc.

Litigation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

THE REV. DR. MICHAEL A. NEWDOW, et al., Plaintiff,

v. NO. CIV. S-05-17 LKK/DAD

THE CONGRESS OF THE UNITED STATES OF AMERICA, et al., Defendants.

This case is a continuation of the earlier Newdow flag case which was resolved in the Supreme Court by a ruling that the plaintiff had no standing to bring the case. Now, the plaintiff has had additional parties join him and has renewed his attack on the words "under God" in the Pledge of Allegiance. The district court for the Eastern District of California on September 14, 2005 ruled that the California law requiring the saying of the Pledge of Allegiance in classrooms was unconstitutional, even though the usual accommodations were present in the statute for those who did not believe they could say the pledge. The court felt it was controlled by earlier Ninth Circuit opinions. The court further ruled that the saying of the pledge at the city counsel or in the U.S. Congress was constitutional. American Legion intervened as an amicus curiae. It seems clear that now that Newdow has plaintiffs that don't have his standing problems, since they are the custodial parents of the children for whom they are suing, the matter will again be heard by the Proceedings of Wednesday, October 17, 2012 23 Ninth Circuit and ultimately, hopefully, the Supreme Court. In the most recent decision the district court ruled for the defendants. There is still no word at present on an appeal by Newdow.

COMMONWEALTH OF PENNSYLVANIA COUNTY OF SCHUYLKILL Daniel Jeffrey Steich Plaintiff S-2371-2005 v. THE AMERICAN LEGION POST NO. 575, ET AL

Defendants

The case was filed in Pennsylvania by filing a Praecipe for Summons and Summons. Under Pennsylvania law, a complaint need not be filed for several years unless the defendant insists. We see no reason to start spending the money. Accordingly, we are keeping an eye on the case. It cannot go forward until the plaintiff does file his complaint. The court has sent notice it intends to terminate this case unless a party fills out a Statement of Intention to Proceed before October 1, 2008. Despite this, the case is still pending.

SUPERIOR COURT OF THE STATE OF CALIFORNIA AND FOR THE COUNTY OF SAN DIEGO

Philip K. Paulson,

Petitioner Case No. GC 849667

v.

Charles Abdelnour, in his Official capacity as the City Clerk of the City of San Diego; Mikal Haas, In his Official Capacity as Registrar of Voters for the County of San Diego; And Does 1 to 10, Inclusive,

Respondents This case involves the Mount Soledad War Memorial which contains a cross. Plaintiffs have sued in an attempt to have the cross removed and destroyed. A judge ordered the cross removed or the city would pay penalties of five thousand dollars ($5,000) per day. The matter is currently both in the Federal courts and in the California Supreme Court. American Legion was instrumental in obtaining a stay of the penalty order in the US Supreme Court. American Legion has filed its amicus brief in conjunction with the Department of California in the California Supreme Court. The United States Congress has enacted and president signed a statute which would turn the memorial over to the federal government. Hopefully, this will put an end to the state litigation. Nonetheless, we will proceed until we know the veteran's memorial is secure. A Federal Judge ruled the cross did not violate the constitution. The plaintiffs have 24 Proceedings of Wednesday, October 17, 2012 appealed. We are assisting in opposing the appeal as an amicus. The Supreme Court ruled the case was not yet ripe and remanded. We are continuing to support the memorial.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

SCOTT RAINEY, THE VETERANS OF FOREIGN WARS DISTRICT 4, THE AMERICAN LEGION POST 586, and THE NATIONAL MEMORIAL LADIES Plaintiffs, Civil Action No. 4:11-ev-01992 vs. Jury Demanded

UNITED STATES DEPARTMENT OF VETERANS AFFAIRS and ARLEEN OCASIO, in her individual capacity,

Defendants.

The Veterans Administration Houston Cemetery has been following a November 1, 2007 memo from the undersecretary for memorial affairs, authorizing prior restraint over speech and religion in burial ceremonies. An injunction was granted allowing the Memorial Day services. American Legion Post No. 586 among others has challenged this policy. The American Legion filed an amicus brief in support of the post. A consent order has been negotiated and is pending before the judge. It amounts to a government surrender and includes payment of $215,000.00 by the United States to plaintiff's lawyers for fees and expenses. The case is over although we will continue to monitor the governments' compliance.

IN THE SUPREME COURT OF THE UNITED STATES

LANCE DAVENPORT, et al., Petitioners v. No. 10-1297 AMERICAN ATHEISTS, INC., et al., Respondents. In this case, The American Legion has filed as amicus brief in the U.S. Supreme Court supporting the Utah State Police's practice of placing crosses on the side of a road or highway where a state trooper died in the line of duty. We did the same thing in the 10th Circuit. We do not know when we will hear a result.

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS WESTERN SECTION

Kevin Lucey, et at Civil No. 10-30163-Map v. Proceedings of Wednesday, October 17, 2012 25 Prudential Insurance Co.

The American Legion is an amicus on the side of the plaintiffs against Prudential Insurance, which has the contract to underwrite the SGLI. When a service member dies on active duty, Prudential does not give a check to the beneficiary, usually the wife, as required by the law establishing the program. Prudential gives the beneficiary a checkbook with no guidance. Hence, the insurance company gets to keep all or part of the money ($400,000.00) for many months. It adds approximately ½ of 1 % interest per year to the account, but earns considerably more than 5% on the money. Plaintiffs want Prudential to follow the law, as we do. The VA objected to our joining the case. As a result, we discovered the VA had authorized the deviation from the requirements of the law. Prudential has essentially admitted all the relevant facts. Hence, we expect a settlement.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

United States of America, No.08-50345 Plaintiff-Appellee, D.C. No. v. 2:07-cr-01035-RGK-1

Xavier Alvarez, AKA Javier Alvarez, Defendant-Appellant.

This is a Stolen Valor case. Alvarez claimed a number of decorations he was not entitled to because he never served. The Ninth Circuit ruled the Stolen Valor Act unconstitutional. The U.S. Government sought certiorari. The American Legion joined as an amicus. Certiorari was granted. The American Legion filed a brief on the merits. The case was argued February 22, 2012. We lost! The solution may be another statute.

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

UNITED STATES OF AMERICA

Plaintiff  Appellant, No. 10-1358 (D.C. No. 1:09-CR-00497-REB-1) v. (D. Colo.)

RICK GLEN STRANDLOF, a/k/a Rick Duncan,

Defendant- Appellee

THE AMERICAN LEGION; CHRISTOPHER GUZELIAN,

Amici Curiae. 26 Proceedings of Wednesday, October 17, 2012 This case, another one on stolen valor, was dismissed pursuant to United States of America v. Xavier Alvarez.

IN THE SUPREME COURT OF THE UNITED STATES

Lionel Guerra, Petitioner, v. No. 11-773 Eric K. Shinseki, Secretary of Veterans Affairs, Respondent.

This case involves The American Legion proceeding as an amicus curiae with pro bono counsel on behalf of a veteran. The veteran has a number of disabilities from his combat injuries. These are: A 70% rating for an upper-extremity gunshot wound; a 70% rating for post-traumatic stress disorder; a 40% rating for injuries to his left leg and thigh; a 40% rating for injuries to his right leg and thigh; and a 30% rating for neuropathy. While none of his disabilities was individually rated at 100%, the total of the individual disabilities is 100%. The VA would not give Mr. Guerra 100%. The Federal Circuit determined that he was not entitled to 100% disability because it was giving deference to the administrative decision of the VA. This decision violates the pro-veteran canon of the U.S. law and the veterans' law. The Federal Circuit relied upon the Chevron case, which under the administrative procedure law would give deference to the administrative agency where the matter was ambiguous. In this case, the Supreme Court has already ruled in the number of cases that in an ambiguous situation involving a veteran that the court should rule in favor of the veteran. This is based upon, inter alia, Henderson v. Shinseki, another case in which The American Legion appeared as an amicus.

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT IN ANCHORAGE

AMY VINCENT, individually, and as Personal representative for the estate of Coral Hammond, and as parent and Guardian, for the use and benefit of Maizy Vincent, and MARK VINCENT, individually, and as parent and guardian, for the use and benefit of Maizy Vincent,

Plaintiffs,

vs.

SUSITNA VALLEY UNIT #35 AMERICAN LEGION AUXILIARY Case No. 3AN-12-5634 CI DEPT. OF ALASKA, AMERICAN LEGION AUXILIARY, DEPT. OF Proceedings of Wednesday, October 17, 2012 27 ALASKA, INC., THE AMERICAN LEGION AUXILIARY, THE AMERICAN LEGION, THE AMERICAN LEGION-SUSITNA VALLEY POST 335, AND THE AMERICAN LEGION, DEPT. OF ALASKA, INC.

Defendants.

On March 2, 2010, Ann Peeples was driving a GMS Sierra near Summit, Alaska, carrying Doris Thomas and Deborah Gilchrist from the Matanuska Valley to an American Legion Auxiliary district meeting in Fairbanks to sell clothing. The police report claims she was doing 50 mph or more down a hill on an ice covered road. A collision occurred resulting in death. The case was referred to the insurance companies for The American Legion and the American Legion Auxiliary. Motions to dismiss were prepared for both The American Legion and the American Legion Auxiliary on different, but similar grounds. They were granted. The case is closed as to The American Legion and the American Legion Auxiliary.

Other Legal Matters

There are a number of other legal proceedings in which The American Legion has been contacted for discovery purposes, which are not part of or named in the particular cause and a number of cases are in the beginning stages but not yet filed. The National Judge Advocate has rendered 1,188 written opinions on questions which have been submitted by the several Departments and/or Posts of The American Legion, National Officers, staff members and individual members of our organization. These opinions involved matters legal, such as contracts, probate matters, federal tax questions, torts, insurance matters, Articles of Incorporation, civil rights statutes, retirement benefits under the law and other matters of a legal nature; problems concerning the interpretation and construction of the National Constitution and By-Laws of The American Legion, policy matters, many of which matters required a great deal of legal research. In each instance, when appropriate, a copy of the opinion rendered was furnished to each of the following so that they would be acquainted with the decision affecting their Department; National Executive Committeeman, Department Commander, Department Adjutant, and the Department Judge Advocate of the Department involved. Many oral opinions were also rendered to the National Officers, National Commission Chairmen, to Department Officers, and to staff Directors of the national organization upon subjects involving matters legal, financial, administrative and policy. There were 21 written opinions rendered during the year to the National Secretary of the American Legion Auxiliary, in response to queries submitted to her for determination by me. The National Judge Advocate has also rendered oral advice on matters legal and administrative to the National Officers of the American Legion Auxiliary on many occasions during the past year.

The American Legion Magazine

The National Judge Advocate in accordance with established policy, has reviewed all manuscripts of articles destined for future publication in The American Legion 28 Proceedings of Wednesday, October 17, 2012 Magazine and The Dispatch, for the purpose of expunging statements or materials questionable in character, contained therein which might subject The American Legion to a suit in libel. To date 223 manuscripts have been reviewed and appropriate comments in connection therewith were transmitted, when necessary, to the Publisher or Editor of The American Legion Magazine.

The American Legion Retirement Plan for Employees of the National Headquarters and Subordinate Groups Thereof

In accordance with the requirements of law, The American Legion has filed all necessary returns, reports and allied documents for the calendar year 2011 with the Internal Revenue Service in connection with The American Legion Retirement Plan. The office of the National Judge Advocate also reviewed the Summary Annual Report for The American Legion Retirement Plan and arranged for the distribution thereof as required by law.

Employees' Salary Savings (401(K)) Plan

In accordance with the provisions of the Employee Retirement Income Security Act of 1974 (ERISA) The American Legion has filed all of the necessary Annual Return Reports and allied documents for the calendar year 2011 with the Internal Revenue Service in connection with the American Legion Employees' Salary Savings 401(k) Plan. The office of the National Judge Advocate also reviewed the Summary Annual Report for the Employees' Salary Savings Plan and arranged for the distribution thereof as required by law.

Parliamentary Duties

The National Judge Advocate attended the past National Convention of The American Legion and all meetings of the National Executive Committee and has served both bodies in the capacity of National Parliamentarian.

Other Duties

The National Judge Advocate also functions as counsel on matters involving labor issues, real estate law, postal regulations, corporate organizations and insurance. In addition, the National Judge Advocate functions as counsel for and a director of The Citizens Flag Alliance, Inc. In that capacity, the National Judge Advocate attends board meetings. Required charitable registrations have been transferred to the Fundraising Division.

Meetings of the National Retirement Committee and Salary Savings Committee

The National Judge Advocate, a member of The National Retirement Committee of National Headquarters, The American Legion, and Chairman of the Employee's Salary Savings Committee, has attended and participated in the meetings held by these committees during the past year. I have also, in response to requests, drafted legal and other documents for the use of National Officers of the American Legion and Officers of the American Legion Auxiliary. During the past year I have met with and attended numerous conferences with officials of outside corporations and the government for the purpose of representation or Proceedings of Wednesday, October 17, 2012 29 for the rendering of advice and guidance for and on behalf of The American Legion on matters legal and administrative. In conclusion, the National Judge Advocate wishes to thank all National Officers, Department Officials, and members of the National Executive Committee for the valuable assistance and cooperation extended to him during the past year.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, motion to receive and file the report of the national judge advocate. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. Opposed? Motion carried. I now call on Kenneth D. Danilson of Iowa, chairman of the Finance Commission.

Oral Report: Finance Commission Kenneth D. Danilson, Iowa, Chairman

Mr. Commander, members of the NEC and guests. This is the report of the Finance Commission to the Executive Committee, October 17, 2012. The Finance Commission met Monday and Tuesday, October 15-16, 2012. All commission members were present with the exception of Myron Kirby and Kevin Bartlett, who were excused. Also present were Daniel S. Wheeler, national adjutant; George A. Buskirk, Jr., national treasurer; Jeff Brown, Fort Harrison Office executive director; Peter Gaytan, Washington Office executive director; Marty Justis, Indianapolis Office executive director; Shawn Long, finance director, and George Lussier, chairman, Finance NEC Liaison Committee. Several guests joined us throughout the course of the meeting. Reports were received from the national adjutant; national treasurer; finance director; national judge advocate; the three executive directors; The American Legion Magazine Commission; the Fundraising division; the Human Resources division; the Americanism Commission; the Information Technology division; the Internal Affairs Commission, and the Membership & Post Activities Committee. Representatives of USAA presented the Finance Commission with a check in the amount of $724,590, which represents royalties earned in the third quarter of 2012. Obsolete Emblem inventory in the amount of $6,256.26 was approved for write-off. The commission also approved the removal of items that are outdated, duplicated or otherwise no longer significant to the library's archives. Jimmy A. Luther was named agent-of-record for the health and life coverage of employees of The American Legion. Requests for 2012 furniture and fixtures in the amount of $41,476 were approved, as was $12,100 in budget overruns since the commission's last meeting. The commission approved a recommendation that Crowe Horwath LLP, certified public accounts, be employed to prepare The American Legion's 2012 fiscal year audit. The commission recommends that 2013 dues be allocated as follows: $3 to The American Legion Magazine, and $10.50 to the general fund, which is the same as the previous year. The Americanism Commission reported on the great success of the 2012 American Legion Baseball World Series held in Shelby, and the excellent job done by the North Carolina volunteers who organized the event. The commission rejected two resolutions requesting combined expenditures of $26,000 for NEED A LIFT? While NEED A LIFT? Was extremely valuable resource in the past, it is now possible for individuals to easily search the internet on their own for 30 Proceedings of Wednesday, October 17, 2012 available scholarships. The Finance Commission feels that continuing to support NEED A LIFT? Would be an unnecessary and unwise use of American Legion dollars. We are currently projecting that the 2012 budget will be on target at a surplus of approximately $1.7 million. For 2013, the Finance Commission recommends for your approval a budget based on revenues of $75,172,838, expenses of $75,119,375, for a net surplus of $53,463. This budget is based on a 2013 membership of 2,325,000. The Finance Commission approved a two percent cost-of-living increase for all graded employees effective January 1, 2013. A list of resolutions recommended for your approval will follow this report.

Report: Finance Commission Kenneth D. Danilson, Iowa, Chairman October 15-16, 2012

The Finance Commission met Monday and Tuesday, October 15-16, 2012. All commission members were present with the exception of Myron Kirby (IL) and Kevin Bartlett (MI), who were excused. Also present were: Daniel S. Wheeler, National Adjutant; George A. Buskirk, Jr., National Treasurer; Jeffrey O. Brown, Fort Harrison Office Executive Director; Peter Gaytan, Washington Office Executive Director; Marty Justis, Indianapolis Office Executive Director; Shawn Long, Finance Director; and George C. Lussier, Jr., Chairman, Finance NEC Liaison Committee. Several guests joined us throughout the course of the meeting. Reports were received from the National Adjutant; National Treasurer; Finance Director; National Judge Advocate; the three executive directors; The American Legion Magazine Commission; the Fundraising division; the Human Resources division; the Americanism Commission; the Information Technology division; the Internal Affairs Commission, and the Membership & Post Activities Committee. Representatives of USAA presented the Finance Commission with a check in the amount of $724,590, which represented royalties earned in the third quarter 2012. Obsolete Emblem inventory in the amount of $6,256.26 was approved for write-off. The commission also approved the removal of items that are outdated, duplicated or otherwise no longer significant to the Library's archives. Jimmy A. Luther was named agent-of-record for the health and life coverage of employees of The American Legion. Requests for 2012 furniture & fixtures in the amount of $41,476 were approved, as was $12,100 in budget overruns since the commission's last meeting. The commission approved a recommendation that Crowe Horwath LLP, certified public accountants, be employed to prepare The American Legion's 2012 fiscal year audit. The commission recommends that 2013 dues be allocated as follows: $3 to The American Legion Magazine and $10.50 to the general fund. The Americanism Commission reported on the great success of the 2012 American Legion Baseball World Series held in Shelby, and the excellent job done by the North Carolina volunteers who organized the event. The Commission rejected two resolutions requesting combined expenditures of $26,000 for NEED A LIFT? While NEED A LIFT? was an extremely valuable resource in the past, it is now possible for individuals to easily search the internet on their own for available scholarships. The Finance Commission feels that continuing to support NEED A LIFT? would be an unnecessary and unwise use of American Legion dollars. Proceedings of Wednesday, October 17, 2012 31 We are currently projecting that the 2012 budget will be on target at a surplus of approximately $1.7 million. For 2013, the Finance Commission recommends for your approval a budget based on revenues of $75,172,838, expenses of $75,119,375, for an net surplus of $53,463. This budget is based on a 2013 membership of 2,325,000. The Finance Commission approved a 2 percent cost-of-living increase for all graded employees effective January 1, 2013. A list of resolutions recommended for your approval follows this report.

Resolutions

The Finance Commission recommends the NEC approve and adopt the 16 resolutions listed below. Copies of the resolutions accompany this report. Resolution No. 1: Theodore Roosevelt IV Be Appointed Chairman of The American Legion 100th Anniversary Observance Honorary Committee. Theodore Roosevelt IV, the grandson of American Legion Founder Theodore Roosevelt Jr., shall be Chairman of The American Legion 100th Anniversary Observance Honorary Committee. He shall also recommend 12 others to serve on the honorary committee, which shall meet at the call of the National Commander in compliance with a budget approved by the NEC. Mr. Roosevelt shall also be made a life member of The American Legion. Resolution No. 2: Rescinding Resolutions that Conflict with the Charter of The American Legion. Recommends rescinding the listed resolutions which conflict with The American Legion Charter for reasons of being obsolete, accomplished, superseded, or having been rewritten to comply with the charter change. Resolution No. 3: Rescission of Outdated Resolutions. Two NEC resolutions dealing with The American Legion Magazine are recommended for rescission because they were accomplished. Resolution No. 4: Authorization to Purchase Paper from Bulkley Dunton Publishing Group. The American Legion will negotiate a contract for the purchase of either body or cover paper stock, or both, with Bulkley Dunton Publishing Group, for a period not to exceed three years, commencing 1/1/13, with appropriate provisions for optional extension or renewal for an additional two years. Resolution No. 5: 2013 Enhancements to National Headquarters Computing Environment. Authorizes The American Legion National Headquarters to acquire hardware, software and installation services to improve reliability and meet the present and foreseeable capacity needs of the National Headquarters computer environment at a cost not to exceed $425,760. Resolution No. 6: Sons of The American Legion Restricted Account. Authorizes the donation of $125,000 – all of which is excess beyond the approved SAL Restricted Fund ceiling of $500,000 – to several American Legion charities. Resolution No. 7: Agreement with the National Veterans Legal Services Program (NVLSP) – 2012-2013. Authorizes The American Legion to enter into an agreement with the NVLSP to provide court representation, at least two national training sessions for department service officers and others, participation in a law internship program, updates and revisions of printed matter, appropriate copies of advocacy journals, as well as research services and other services as set forth in the contract, at a cost not to exceed $480,095. Resolution No. 8: Authorizing Withdrawal from Paid-Up-For-Life Membership Trust for Administrative Expenses. Authorizes the National Treasurer to withdraw up to 1.5 percent of the trust's principal as of 8/31/12, or $314,514, to cover direct administrative costs of the plan. 32 Proceedings of Wednesday, October 17, 2012 Resolution No. 9: Authorization for Conducting History Contests. Authorizes the National Historian to conduct annual history contests, with $1,000 authorized for contest awards. The rules and regulations for the history contests will be established and amended administratively by the National Historian. Resolution No. 10: Sales and Royalty Payments Made to Departments on Emblem Sales Merchandise Sold within a Department. Sets criteria for royalty payments made to Departments on Emblem Sales merchandise sold within a Department. Also recommends rescinding Resolution 31-May 1984 NEC, Resolution 38-October 1984 NEC, and Resolution 18-May 1998 NEC as superseded. Resolution No. 11: Commission Paid to Departments for Discount Prescription Drug Program. The American Legion will pay Departments a 25 percent commission on revenues received from the CVS/Caremark Discount Prescription Drug program, based upon usage of the program by members within the Department. Resolution No. 12: Consolidate Heroes to Hometowns Program into Operation Comfort Warriors. Authorizes consolidating the Heroes to Hometowns program into The American Legion Operation Comfort Warriors program, using the Operation Comfort Warriors title; that all services previously provided will be included and enhanced, with the final responsibility for execution of these programs residing with the Public Relations Commission until such time as the National Commander may deem it prudent to relocate the delivery of these services. Resolution No. 13: National Forensic League (NFL) Sponsorship. Authorizes The American Legion to sponsor the National Forensic League's high school speech and debate activities in the amount of $10,000 for the period October 2012 to October 2013. This resolution also recommends rescinding NEC Resolution 5, October 2010, and NEC Resolution 16, October 2011, both of which deal with this same subject, as superseded. Resolution No. 14: Replacement and Extension of Agreement for Permanent Site of The American Legion Baseball World Series. Authorizes extension of the current contract to host American Legion Baseball World Series tournaments with Cleveland County ALWS Baseball, Inc., through the 2019 World Series of American Legion Baseball. Said contract shall renew automatically in 2019 in five-year increments, unless the option to cancel is exercised by either party in accordance with the contract provisions. This resolution also recommends rescinding NEC Resolution 32, May 2010, "Permanent Site of The American Legion Baseball World Series" as superseded. Resolution No. 15: Mandatory Exclusive Insurance Coverage for American Legion Baseball Teams. In order to help ensure the health, safety and protection of youth participants, volunteers and spectators, all American Legion Baseball teams must purchase insurance policies from exclusive insurance carriers designated by The American Legion each season during the required online baseball registration process in order to participate in the Junior or Senior American Legion Baseball program. S. A. Van Dyk, Inc. shall continue as the exclusive liability insurance carrier, and Sentry Insurance Company shall continue as the exclusive special risk accident insurance carrier. The resolution also sets out minimum levels of mandatory coverage. Costs of purchasing mandatory insurance and any additional insurance above that which is required shall be borne by the baseball team. Resolution No. 16: Mandatory Background Check Screening For Coaches, Managers and Volunteer Staff of Junior and Senior American Legion Baseball Teams. Mandates background check screening at minimum levels, sets disqualifying criteria which would preclude individuals from serving in various positions, sets other requirements for the background check screening procedure, and strongly recommends that the respective Legion Department, Post or other organization sponsoring an American Legion Baseball team assume the responsibility for verifying this mandatory background check screening process. Proceedings of Wednesday, October 17, 2012 33

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, I move that the Finance Commission report be approved, with the exception of 16 resolutions, and there are no addenda. ...Second. NATIONAL COMMANDER KOUTZ: You heard the motion and a second. Any questions? All in favor say aye. Opposed. Approved.

Resolution No. 2: Rescinding Resolutions that Conflict with the Charter of The American Legion Origin: Finance Commission Submitted by: Finance Commission WHEREAS, Resolution No. 1 passed by the 92nd National Convention requested that the charter of The American Legion be amended; and WHEREAS, The change to the federal charter implemented by Congress reads in part that the national organization may "provide guidance and leadership to organizations and local chapters…but may not control or otherwise influence the specific activities and conduct of such organizations and local chapters"; and WHEREAS, A review of active resolutions revealed that a number of resolutions conflicted with this new provision of the charter; and WHEREAS, After review of questionable resolutions by an ad hoc committee of the National Finance Commission it was found that 105 of these resolutions are no longer relevant and can be rescinded while 17 of the resolutions are still germane to the operations of The American Legion and will be rescinded, rewritten, and submitted for action of the National Executive Committee by the appropriate commission; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That the following resolutions be and they are being rescinded as (1) accomplished, (2) obsolete, (3) superseded, or (4) to be rewritten to comply with the change in the Charter of The American Legion. No. Meeting Subject Reason 26 1919 CONV Post Activities Obsolete 65 1920 CONV Post authority Obsolete 39 1921 CONV Support for TB Assn Obsolete 217 1921 CONV Department expenses Obsolete 12 1923 Winter NEC Paris Post 1 withdrawal fm Dept Obsolete 4 1924 Spring NEC Memorials at government agencies Obsolete 2 1924 Post-Conv NEC Peace Arch Obsolete 18 1933 Fall NEC Dept quota for Natl Conventions Accomplished 512 1933 CONV Child Welfare Guide published Obsolete 522 1933 CONV Juvenile offenders Superseded 3 1935 Spring NEC Dept of New Mexico Accomplished 32 1937 Fall NEC Transfer real estate title of posts Obsolete 237 1939 CONV Post meeting order of business Obsolete 45 1940 CONV VA to provide names to DSOs Obsolete 677 1940 CONV Foreign depts Obsolete 17 1940 Spring NEC SAL Accomplished 10 1941 Fall NEC Lists of Legion posts Obsolete 550 1941 CONV C&A Conferences Obsolete 56 1945 Fall NEC Dept Employment Chmn conf. Obsolete 28 1946 Fall NEC Dept TAL Cap Mftr contract Obsolete 726 1946 CONV Laws & Regs to Post Svc Offs. Obsolete 857 1946 CONV Conv housing; TAL, ALA, 8/40, 40/8 Obsolete 5 1947 Fall NEC Restrict use of post lists Superseded 34 Proceedings of Wednesday, October 17, 2012 823 1947 CONV Dept and post medical advisor Obsolete 10 1947 Pre-Conv NEC Reorganization of Dept of Panama Obsolete 149 1947 Spring NEC Americans in foreign depts Obsolete 86 1947 Spring NEC Natl & Dept ceremonial committees Obsolete 88 1947 Spring NEC Natl colors & post flags Obsolete 30 1948 Fall NEC FODPAL Obsolete 37 1948 Fall NEC College campus posts Obsolete 23 1948 Fall NEC NHQ sustains member expulsion Obsolete 51 1949 Fall NEC Notify Depts of meetings Obsolete 70 1949 Spring NEC NCdr visits to Latin-American posts Obsolete 45 1950 Spring NEC Dept of Panama Obsolete 5 1951 Fall NEC Post rosters to include war dead Obsolete 238 1951 CONV Natl Historian plan approval Obsolete 6 1952 Fall NEC TAL affiliation with other orgs Superseded 23 1953 Spring NEC Distribution of Manual of Ceremonies Obsolete 151 1954 CONV Awards by Depts, into other depts Obsolete 596 1955 CONV Employment program post & dept Obsolete 8 1957 Fall NEC Misappropriation of "Veterans" Obsolete 31 1957 Spring NEC Silent tribute; face the flag Obsolete 543 1961 CONV Dept and post Employment Officers Obsolete 55 1962 Spring NEC Dept membership incentive goals Obsolete 146 1963 CONV Medi-Alert distribution by posts Obsolete 2 1963 Pre-Conv NEC Sale of LA Dpt property Accomplished 369 1964 CONV Officers Guide - disposal of flags Obsolete 26 1964 Spring NEC Natl Assn of Dept Historians Superseded 50 1964 Spring NEC Depts to survey Federal lands Obsolete 26 1965 Spring NEC Award for chartering new posts Obsolete 195 1966 CONV Posts donate Legion Mag subs Obsolete 34 1966 Spring NEC ALA Dept of Philippines Obsolete 11 1967 Spring NEC Posts to recognize Vietnam KIAs Obsolete 14 1968 Fall NEC Policy for release of names/adds. Superseded 30 1968 Spring NEC New post program launch - 50th Anniv. Obsolete 32 1968 Spring NEC Post History Contest 1969 Obsolete 60 1969 Spring NEC Create SAL committee; M&PA Accomplished 120 1970 CONV Post homes ADA compliance Superseded 48 1970 Fall NEC TAL life insurance for Oratorical Superseded 621 1971 CONV New post formation Obsolete 33 1971 Spring NEC Post Home tributes Obsolete 29 1972 Fall NEC One-Year post history contest Superseded 481 1972 CONV Use of Officers Guide Obsolete 479 1972 CONV Formation of new Legion posts Obsolete 22 1973 Fall NEC Authztn for post history contest Accomplished 23 1973 Fall NEC Authztn for dept history contest Accomplished 32 1976 Spring NEC Commend posts - bicentennial Obsolete 515 1977 CONV Appoint energy chairman Obsolete 517 1977 CONV Energy Conservation programs Obsolete 4 1979 Pre-Conv NEC Dept of Panama Canal Zone Obsolete 4 1980 Fall NEC Dept Membership Goal Obsolete 3 1980 Fall NEC 1981 NCmdr awards pgm Obsolete 768 1980 CONV Optn Post Home chmn ea Dept Obsolete 24 1980 Spring NEC Life Ins funds for M&PA Obsolete 7 1981 Fall NEC Life Ins funds for M&PA Obsolete 169 1981 CONV Support for Vet Outreach Centers Superseded 21 1981 Spring NEC Est SAL detachment in Panama Obsolete 34 1983 Fall NEC Cmnd posts/depts for Stat of Liberty Obsolete 24 1984 Fall NEC Dept Membership goals Superseded 21 1986 CONV Post insurance Obsolete 4 1987 Pre-Conv NEC Affinity card program Obsolete Proceedings of Wednesday, October 17, 2012 35 32 1988 Fall NEC Post roster membership information Accomplished 7 1988 Fall NEC Money Market program include posts Obsolete 35 1990 Spring NEC NEF Superseded 36 1990 Spring NEC TAL/AARP driving program Obsolete 18 1991 Fall NEC Life Ins funds for DSOs Obsolete 39 1992 CONV TAL Facilities Directory Obsolete 11 1993 Spring NEC PT Phone Home program Obsolete 27 1994 Fall NEC Provide services for Vietnam vets Superseded 171 1994 CONV Dept recognition of Law Enforcement Obsolete 152 1994 CONV 1944 GI Bill of Rights Other 38 1995 Spring NEC Oratorical contest structure Superseded 145 1996 CONV Recognition of Law Enforcement Obsolete 15 1996 Spring NEC Old Iron Sides Pennies campaign Obsolete 18 1998 Spring NEC Emblem Sales royalty to Depts Superseded 151 1999 CONV Funeral honors activity on CPR Accomplished 19 2000 Fall NEC Feres Doctrine - military privacy Obsolete 315 2000 CONV Tax exempt status for posts Obsolete 7 2002 Spring NEC Dept Firefighter of the Year Award Superseded 11 2003 Spring NEC PUFL plan update Superseded 22 2003 Spring NEC POW/MIA memorial svc Obsolete 1 2004 Spring NEC Enhanced DMS program Superseded 9 2005 Fall NEC NASCAR Obsolete 1 2005 Mail NEC NASCAR Sponsorship Obsolete 52 2005 CONV Dept Law Cadet programs Superseded 12 2006 Fall NEC Agreement with Michael Peterson Superseded 18 2006 Spring NEC Discount Rx & Money Market programs Superseded 41 2006 Spring NEC DMS-Plus solicitation Obsolete 6 2007 Spring NEC PUFL plan restatement Obsolete 635 1949 CONV Econ Conf every dept Comply with charter 21 1977 Fall NEC Boys State Program Comply with charter 14 1978 Spring NEC Active post svc officer programs Comply with charter 161 1985 CONV Flag Display Comply with charter 32 1989 Fall NEC Boy Scouts of America Comply with charter 33 1994 Fall NEC Mandatory Baseball insurance Comply with charter 25 1994 Spring NEC Exclusive Coverage - carrier Comply with charter 20 2005 Fall NEC Coalition to Salute America's Heroes Comply with charter 28 2006 Fall NEC 21st Century Comply with charter 29 2006 Fall NEC Vets Outreach program Comply with charter 31 2006 Fall NEC Post Ops - 21st Century Comply with charter 36 2006 Spring NEC Violence in the Schools Comply with charter 311 2008 CONV Dept VAVS coordinators Comply with charter

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of the Finance Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. …Second. 36 Proceedings of Wednesday, October 17, 2012 NATIONAL COMMANDER KOUTZ: You've heard the motion and second. Any questions? All in favor say aye. All opposed? Carried.

Resolution No. 3: Rescission of Outdated Resolutions Origin: The American Legion Magazine Commission Submitted by: Finance Commission WHEREAS, In accordance with resolutions of the 1959 and 1960 National Conventions, the National Executive Committee, through its Program Study Committee, has caused to be made a review of all non- legislative policy resolutions, and such action has been taken in further conference with the action of the 1936 National Convention, which established policy on the life of such resolutions; and WHEREAS, The Magazine Commission has concluded an extensive review of National Executive Committee and National Convention resolutions relating to the Magazine Division from 1919-2011; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That the following resolutions be, and they are being, rescinded by reason of (1) being obsolete, (2) accomplishment of purpose, (3) having been superseded by later resolutions, (4) being in conflict with later resolutions, (5) having been duplicated by later resolutions, (6) having no value because of later changes in programs, and (7) for other reasons.

No. 6 NEC Jan 1923 Basis for Agreement with Legion Publishing #2 Accomplished Corporation and American Legion Weekly for Year 1923 No. 31 NEC May 1937 Authorizing Account for Certain Agents of #2-Accomplished American Legion Monthly

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of The American Legion Magazine Commission, you Finance Commission, and your Subcommittee on Resolutions, therefore, I move for its adoption. …Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and second. Any questions? All in favor say aye. All opposed? Carried.

Resolution No. 4: Authorization to Purchase Paper from Bulkley Dunton Publishing Group Origin: The American Legion Magazine Commission Submitted by: Finance Commission WHEREAS, The American Legion purchases monthly in excess of 250 tons of publication-grade body paper and 28 tons of publication-grade cover paper on which to print The American Legion Magazine; and WHEREAS, It is desirable that The American Legion obtain the best possible pricing on publication-grade paper, and as much stability in that pricing as financially prudent; and WHEREAS, Bulkley Dunton Publishing Group, a business of International Paper, Inc., has offered to renew its contract with The American Legion to provide publication- grade body and cover stock at prices fixed within a range favorable to The American Legion; and WHEREAS, The staff of The American Legion Magazine Division has checked the current pricing of other major paper brokers, suppliers, and mills and finds the Bulkley Dunton contract offer to be very competitive with any pricing that might be offered by other vendors; and Proceedings of Wednesday, October 17, 2012 37 WHEREAS, Said contract would be for a period of three years starting on the 1st day of January 2013, with the option of renewing the contract for an additional two years; and WHEREAS, The American Legion Magazine Commission has reviewed said proposal and recommends its approval to the National Finance Commission, and the National Finance Commission concurs with The American Legion Magazine Commission and recommends its approval to the National Executive Committee; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion negotiate a contract for the purchase of either body or cover paper stock, or both, with Bulkley Dunton Publishing Group, for a period not to exceed three years, starting on the 1st day of January 2013, with appropriate provisions for optional extension or renewal for an additional two years; and, be it finally RESOLVED, That the National Commander be, and is hereby, authorized and directed to execute said contract after review and approval as to terms and conditions by the National Judge Advocate, and the National Adjutant be, and is hereby, authorized and directed to attest the same.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of The American Legion Magazine Commission, the Finance Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. …Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and second. Any questions? All in favor say aye. All opposed? Carried.

Resolution No. 5: 2013 Enhancements to National Headquarters Computing Environment Origin: Finance Commission Submitted by: Finance Commission WHEREAS, Many job functions, production processes and communications within the National Headquarters rely heavily on electronic equipment and computerization; and WHEREAS, The technology related to the equipment used in performing these functions changes at a very rapid rate, forcing replacement every three to five years; and WHEREAS, New equipment and software must be implemented each year to enhance the performance and expand the capabilities of our various computer systems; and WHEREAS, The National Finance Commission has reviewed the detailed listing of products ("2013 IT CAPITAL EXPENDITURES") proposed to accomplish these needed enhancements and has recommended approval by The National Executive Committee; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion National Headquarters acquire during the 2013 calendar year at a purchase price not to exceed $425,760 (or enter into leases where it is determined more prudent to do so) the necessary hardware, software and installation services to improve reliability and to meet the present and foreseeable capacity needs of the National Headquarters computer environment; and, be it further RESOLVED, That The American Legion negotiates and enters into appropriate maintenance agreements for all equipment and applicable software; and, be it finally RESOLVED, That the National Commander, after review and approval by the National Judge Advocate, is hereby authorized and directed to execute appropriate 38 Proceedings of Wednesday, October 17, 2012 purchase contracts and/or lease agreements to acquire the aforementioned and the National Adjutant is hereby authorized and directed to attest the same.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of the Finance Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. …Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and second. Any questions? All in favor say aye. All opposed? Carried.

Resolution No. 6: Sons of The American Legion Restricted Account Origin: Internal Affairs Commission Submitted by: Finance Commission WHEREAS, In the 1970s a Sons of The American Legion Liability Account was established as a restricted fund in the event of emergency such as membership decline, etc. and temporary funds were needed to meet expenses; and WHEREAS, The National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, May 4-5, 2005 by NEC Resolution No. 6 established a ceiling of $500,000 (with a variance of +/- 1.5%) for the Sons of The American Legion Liability Fund Account for each budget year ending in the month of December and be reviewed annually by Internal Affairs and the National Finance Commission at the spring meetings for adequacy and from a fiscal management viewpoint; and WHEREAS, A donation in a amount over the ceiling can be made to The American Legion approved charities that support America's veterans and youth; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That the current amount (end of budget year 2011) in the restricted fund is $687,215 and the amount to be donated or transferred in October 2012 is $125,000, which is above the +/- 1½ % of the $500,000 ceiling of the Sons of The American Legion Restricted Fund, to the following charities in the name of The Sons of The American Legion:

Child Welfare Foundation $35,000 Legacy Scholarship Fund $30,000 Operation Comfort Warriors $30,000 National Emergency Fund $30,000

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This resolution has the approval of the Internal Affairs Commission, your Finance Commission, your Subcommittee on Resolution, and I move for its adoption. …Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and second. Any questions? All in favor say aye. All opposed? Carried.

Resolution No. 7: Agreement with the National Veterans Legal Services Program (NVLSP)-2012-2013 Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Finance Commission WHEREAS, The National Veterans Legal Services Program (NVLSP) has provided The American Legion with excellent representation before the U.S. Court of Appeals for Veterans Claims and excellent training courses in the past; and WHEREAS, The American Legion and NVLSP feel that this representation and training should continue; now, therefore, be it Proceedings of Wednesday, October 17, 2012 39 RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion enter into an agreement, contract, or memorandum of understanding with the National Veterans Legal Services Program (NVLSP) to provide The American Legion court representation on cases of precedential nature, at least two (2) national training sessions annually for department service officers and others, participation in The American Legion/NVLSP Law Internship Program, updates and revisions of printed matter, appropriate copies of advocacy journals as well as research services and other services as set forth in the contract; and, be it further RESOLVED, That the costs for such services shall not exceed Four Hundred Eighty Thousand Ninety-Five Dollars and Zero Cents ($480,095.00); and, be it finally RESOLVED, That after review and approval by the National Judge Advocate, the National Commander be and he is hereby authorized and directed to execute said agreement, contract or memorandum of understanding and the National Adjutant be and he is hereby authorized and directed to attest the same.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This resolution has the approval of the Veterans Affairs and Rehabilitation Commission, the Finance Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. …Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and second. Any questions? All in favor say aye. All opposed? Carried.

Resolution No. 8: Authorizing Withdrawal from Paid-Up-For-Life Membership Trust for Administrative Expenses Origin: Internal Affairs Commission Submitted by: Finance Commission WHEREAS, Paragraph 12 of Resolution No. 6 entitled "National Paid-Up–For-Life Membership Plan Restatement and Amendment" adopted by the National Executive Committee, May 9-10, 2007, authorizes an annual withdrawal from the Paid-Up-For-Life Membership Trust Fund of not more than 1.5% of the principal of said fund with the approval of the National Executive Committee; and WHEREAS, This withdrawal is to be used for the purpose of covering the direct administrative costs of the plan, including, but not limited to, advertising/marketing, postage, printing, financial/data processing, and salaries; and WHEREAS, As of August 31, 2012, the market value of the Trust after payment of 2012 per capita to National, Departments and Posts was $20,967,628 and 1.5% of principal is $314,514; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That the National Treasurer is authorized to withdraw from the Paid-Up-For-Life Membership Trust up to the amount of $314,514, which is 1.5% of the principal as of August 31, 2012, the principal being the current market value of the assets of the Trust as reported by the trustee plus any cash receipts being held by National Headquarters on that date for transfer to the Trust; and, be it finally RESOLVED, That any sums remaining unspent for administrative costs of the Paid-Up-For-Life Program (PUFL) from the withdrawal herein authorized shall revert back to the Paid-Up-For-Life Membership Trust on January 1, 2013. 40 Proceedings of Wednesday, October 17, 2012 RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This resolution has the approval of the Internal Affairs Commission, the Finance Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. …Second. NATIONAL COMMANDER KOUTZ: You have heard the motion and we have a second. Any questions? All in favor say aye. All opposed? Motion carried.

Resolution No. 9: Authorization for Conducting History Contests Origin: Internal Affairs Commission Submitted by: Finance Commission WHEREAS, The December 2011 change to the charter of The American Legion created the need to examine and edit language within certain resolutions of the organization in order to bring a resolution into compliance with the Charter, and gave opportunity to correct deficiencies in other resolutions, the subject herein being one as originally set out in Res. 29, NEC, October 1972; and WHEREAS, History contests have been conducted by the national historian since the year 1930; and WHEREAS, Over the years various contests of entries from the post, district/county and department level have been held; and WHEREAS, Department history contests have been held since 1931 and annually since 1984 but have not always been formally approved; and WHEREAS, Resolution No. 29 approved by the National Executive Committee at the October 18-19, 1972 meeting allowed the national historian to conduct annual post history contests; and WHEREAS, With the upcoming centennial of The American Legion and to encourage the collection of the history of our organization at all levels there exists the possibility of conducting contests in special categories; now, therefore, be it RESOLVED, By The National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That the national historian be authorized to conduct annual history contests, and that $1,000.00 for awards be authorized for the contests; and, be it further RESOLVED, That the rules and regulations for the history contests be established and amended administratively by the national historian; and, be it finally RESOLVED, That the rules and regulations for the history contests may be obtained from the Office of the National Historian in the Library of The American Legion National Headquarters in Indianapolis, Indiana and will be printed in the Officers Guide and Manual of Ceremonies.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This resolution has the approval of your Internal Affairs Commission, your Finance Commission, your Subcommittee on Resolutions, and I move for its adoption. …Second. NATIONAL COMMANDER KOUTZ: You have heard the motion and we have a second. Any questions? All in favor say aye. All opposed? Motion carried.

Resolution No. 10: Sales and Royalty Payments Made to Departments on Emblem Sales Merchandise Sold within a Department Origin: Emblem Committee Submitted by: Finance Commission WHEREAS, The December 2011 change to the Charter of The American Legion created the need to examine and edit language within certain resolutions of the organization in order to bring a resolution into compliance with the Charter, and gave Proceedings of Wednesday, October 17, 2012 41 opportunity to correct deficiencies in other resolutions, the subject herein being one as originally set out in Res. 31, NEC, May, 1984; and WHEREAS, Resolution 31, NEC, May 1984, negated the practice of providing discounts to departments on Emblem Sales merchandise destined for resale, and instituted the practice of paying departments ten [10] percent of the annual net profit on merchandise sold by departments, and directed departments and their posts to place all orders for American Legion Emblem merchandise only with National Emblem Sales; and WHEREAS, Resolution 38, NEC, October, 1984, amended Res. 31, NEC, May 1984, and gave departments a one-time option to continue to receive discounts on resalable items, or receive ten [10] percent of the annual net profit on Emblem Sales merchandise sold by departments; and WHEREAS, Resolution 18, NEC, May 1998, further amended Res. 31, NEC, May 1984, and changed the amount paid to departments from "10 percent of net profit," to "1.75 percent of net sales," and mandated that merchandise shipped from Emblem Sales to department headquarters be shipped "FOB Shipping Point"; and WHEREAS, Resolution 42, NEC, May 2006, further amended Res. 31, NEC, May 1984, by allowing departments and their posts to purchase American Legion Emblem merchandise from American Legion licensed entities (as set out in Resolution 11, NEC, May 2005); and WHEREAS, The American Legion Emblem Sales Division, being charged with the licensing and selling of all items bearing the emblem of The American Legion, receives income from said sales; and WHEREAS, These sales are predominantly to members of The American Legion residing in the departments; and WHEREAS, It is in the best interests of The American Legion that departments participate in and benefit from the sale of the items bearing the emblem of The American Legion; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That for the protection of the name and emblem of The American Legion, departments and their posts are to place all orders for American Legion Emblem merchandise only with National Emblem Sales and/or entities licensed by The American Legion, unless otherwise authorized by the National Adjutant or the National Adjutant's designated staff representative (as set out in Res. 11, NEC, May 2005); and, be it further RESOLVED, That The American Legion shall pay to departments that do not receive discounted merchandise for resale, a 1.75 percent royalty for net catalog sales of all merchandise sold, with the exception of American Legion Auxiliary merchandise, be they either direct sales or drop ship sales made within a department; and, be it further RESOLVED, That The American Legion shall pay to departments twenty [20] percent of the net royalties received on licensed merchandise sold within a department, as stipulated in The American Legion Licensing Policies, June, 2005; and, be it further RESOLVED, That payments to departments shall be made annually in the first quarter of the year following the year in which sales were made in departments, based upon merchandise sold to members within a department; and, be it finally RESOLVED, That Resolution 31, NEC, May 1984, and Resolution 38, NEC, October 1984, and Resolution 18, NEC, May 1998, and Resolution 42, NEC, May 2006 are hereby superseded and rescinded. 42 Proceedings of Wednesday, October 17, 2012 RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This resolution has the approval of your Emblem Committee, your Finance Commission, your Subcommittee on Resolutions, and I move for its adoption. …Second. NATIONAL COMMANDER KOUTZ: You've heard the motion made and seconded. Any questions? All in favor say aye. All opposed? Motion carried.

Resolution No. 11: Commission Paid to Departments for Discount Prescription Drug Program Origin: Finance Commission Submitted by: Finance Commission WHEREAS, The December 2011 change to the Charter of The American Legion created the need to examine and edit language within certain resolutions of the organization in order to bring a resolution into compliance with the Charter, and gave opportunity to correct deficiencies in other resolutions, the subject herein being one as originally set out in Res. 18, NEC, May 2006; and WHEREAS, Resolution 2, NEC, May 1995, established an American Legion Nationwide Discount Prescription Drug Program, one such program being offered by CVS/Caremark that provides revenue to the National Organization; and WHEREAS, Resolution 18, NEC, May 2006, set the rate at which commissions are to be paid to departments at twenty-five [25] percent of the gross revenue, based upon usage of the program by members within the department; and WHEREAS, It is in the best interests of The American Legion that departments share in this revenue; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion pay departments a twenty-five [25] percent commission on revenues received from the CVS/Caremark Discount Prescription Drug Program, based upon usage of the program by members within the department.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This resolution has the approval of your Finance Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. …Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Carried.

Resolution No. 12: Consolidate Heroes to Hometowns Program into Operation Comfort Warriors Origin: Public Relations Commission Submitted by: Finance Commission WHEREAS, Operation Comfort Warriors and a previous fundraiser for Landstuhl Regional Medical Center have been undertaken as projects by several consecutive National Commanders of The American Legion since 2007; and WHEREAS, Operation Landstuhl and Operation Comfort Warriors have provided more than $1 million of assistance to wounded, injured and ill servicemembers and their families, military hospitals, VA Medical Centers, and warrior transition units; and WHEREAS, Operation Comfort Warriors has achieved recognition as a recipient of a $250,000 grant from the Pepsi Beverage Company as the first place winner of its Refresh Everything contest; and WHEREAS, Operation Landstuhl was successfully streamlined into Operation Comfort Warriors in December 2008; and WHEREAS, The Heroes to Hometowns program has assisted in the transition to civilian life for numerous severely injured service members since its creation in 2007 by Proceedings of Wednesday, October 17, 2012 43 using a strong network of volunteer coordinators in Departments and VA Medical Centers; and WHEREAS, Many of the same veterans assisted through Heroes to Hometowns are eligible for assistance through Operation Comfort Warriors; and WHEREAS, Multiple programs targeted toward assisting the same population can cause confusion, redundancies and inefficiencies; and WHEREAS, Operation Comfort Warriors has provided outreach and funding for projects at military hospitals and warrior transition units and has a strong fundraising and communication infrastructure already in place; and WHEREAS, The American Legion Charities being a 501(c)3 trust that was created to facilitate contributions that benefit various programs of The American Legion; and WHEREAS, This resolution has the concurrence of the Public Relations Commission, the Internal Affairs Commission, and the Finance Commission; now, therefore be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That Operation Comfort Warriors be an officially recognized program of The American Legion Charities that will support wounded, injured or ill military personnel and veterans by providing morale-building gifts to these individuals, their families, warrior transition units and hospitals; and, be it further RESOLVED, That the functions of the Heroes to Hometowns program be consolidated into The American Legion Operation Comfort Warriors program and use the Operation Comfort Warriors title; and, be it further RESOLVED, That the consolidated program will include all services previously provided and that these services will be enhanced; and, be it finally RESOLVED, That the final responsibility for execution of these programs will reside with the Public Relations Commission until such time as the National Commander may deem it prudent to relocate the delivery of these services.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This resolution has the approval of your Public Relations Commission, your Internal Affairs Commission, your Finance Commission, and your Subcommittee on Resolutions. I move for its adoption. …Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and a second. Any questions? All in favor say aye. All opposed. Motion carried.

Resolution No. 13: National Forensic League (NFL) Sponsorship Origin: Americanism Commission Submitted by: Finance Commission WHEREAS, The National Forensic League (NFL) has a vibrant eighty-seven year tradition as the premier high school speech and debate organization in the United States; and WHEREAS, The National Forensic League is 501(c)3 not-for-profit honorary society created to recognize high school students in speech and debate; and WHEREAS, The American Legion, through its High School Oratorical Contest "A Constitutional Speech Contest," and the National Forensic League share the same vision that every participant will be empowered to become an effective communicator, ethical individual, critical thinker, and leader in a democratic society; and WHEREAS, The National Forensic League recognizes that The American Legion is an organization whose mission promotes Americanism, is directly aligned with the goals and mission of the National Forensic League; and 44 Proceedings of Wednesday, October 17, 2012 WHEREAS, Through sponsorship of the National Forensic League in 2010, 2011, and 2012, The American Legion has reached a target audience of elite level competitors, coaches, and parents; and WHEREAS, In 2011-2012, more than 112,000 high school and middle school students, representing nearly 3,000 schools nationwide, built their communication, leadership, cognitive, and presentational skills as members of the National Forensic League; and WHEREAS, Throughout its eighty-seven years, the National Forensic League has consistently provided outstanding infrastructure and support services for high school speech and debate programs and support for other organizations and contests that promote forensics activities; and WHEREAS, The National Forensic League annually hosts the largest forensics competition in the world, the National Forensic League National Speech Tournament, in which approximately 3,500 high school students from over 900 high schools qualify and attend this most prestigious event; and WHEREAS, The National Forensic League provides unique event and award sponsorship opportunities as well as support programs to those entities that wish to receive higher levels of exposure to America's top forensics students and the 2,000 coaches and judges that accompany them; and WHEREAS, NEC Resolution No. 5, October 13-14, 2010 established the relationship with the National Forensic League and The American Legion High School Oratorical Contest "A Constitutional Speech Contest"; and WHEREAS, With the relationship between the National Forensic League and The American Legion in place, American Legion Consolidated Post Reports have revealed that participants in The American Legion High School Oratorical Contest "A Constitutional Speech Contest" increased from 3,599 students in 2010-2011 to 9,129 students in 2011-2012; and WHEREAS, The National Forensic League has proposed that The American Legion continue to be a national sponsor of National Forensic League high school speech and debate activities in the amount of $10,000, for which the National Forensic League is prepared to: Provide targeted promotion of The American Legion High School Oratorical Contest "A Constitutional Speech Contest" in five to seven departments selected by The American Legion by creating a system of event promotion and participation that has the potential to increase local level participation exponentially, Award the three national finalists in The American Legion High School Oratorical Contest "A Constitutional Speech Contest" with qualification to the 2013 National Forensic League National Speech Tournament to be held in Birmingham, Alabama, Complimentary National Tournament vending booth space for the entire week of the 2013 National Tournament, Offer sponsorship recognition in all electronic and printed publications; and WHEREAS, This resolution has been reviewed by the National Americanism Commission and with concurrence from the National Finance Commission, is recommended to the National Executive Committee for favorable action; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion is hereby authorized to enter into an agreement to be a national sponsor of the National Forensic League in the amount of $10,000 for the period of October 2012, to October 2013; and, be it further RESOLVED, That when the agreement has been drafted and finalized, the National Commander, after review and approval by the National Judge Advocate, Proceedings of Wednesday, October 17, 2012 45 be and is hereby authorized and directed to execute said agreement and the National Adjutant be and is hereby authorized and directed to attest same; and, be it finally RESOLVED, That Resolution No. 5 of the National Executive Committee, October 2010 titled, "National Forensic League Sponsorship" and Resolution No. 16 of the National Executive Committee, October 2011 titled, "National Forensic League (NFL) Sponsorship" are hereby superseded and rescinded.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This resolution has the approval of your Americanism Commission, your Finance Commission, your Subcommittee on Resolutions. I move for its adoption. …Second. NATIONAL COMMANDER KOUTZ: We have a motion and second. Any questions? All those in favor say aye. All Opposed. Motion carried.

Resolution No. 14: Replacement and Extension of Agreement of Permanent Site of The American Legion Baseball World Series Origin: Americanism Commission Submitted by: Finance Commission WHEREAS, The National Executive Committee of The American Legion in regular meeting in Indianapolis, Indiana, May 2010, adopted Resolution No. 32 titled "Permanent Site Of The American Legion Baseball World Series" designating Shelby, North Carolina, as the permanent home of the American Legion Baseball (ALB) World Series; and WHEREAS, The superlative dedication, coordination and support demonstrated by the local Shelby organizing committee, Cleveland County ALWS [American Legion World Series] Baseball, Inc., has far exceeded all goals and expectations in terms of growth, accessibility and affordability of American Legion Baseball; and WHEREAS, Shelby area citizens, business and civic leaders, baseball fans and Cleveland County ALWS Baseball, Inc., have truly embraced the Four Pillars of The American Legion and the ALB World Series through the hosting of community concerts, numerous veterans' tributes and social receptions, thereby enhancing the overall quality of the ALB World Series experience for youth participants and spectators; and WHEREAS, Cleveland County ALWS Baseball, Inc., has expressed strong desire to continue hosting the ALB World Series; and WHEREAS, Extending the commitment with Cleveland County ALWS Baseball, Inc., can potentially serve to enhance attracting long-term sponsors, advertisers and media broadcasts; and WHEREAS, This resolution has been reviewed by the National Americanism Commission, and with concurrence from the National Finance Commission, is recommended to the National Executive Committee for favorable action; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion extend the current contract to host American Legion Baseball World Series tournaments with Cleveland County ALWS [American Legion World Series] Baseball, Inc., through the 2019 World Series of American Legion Baseball; and, be it further RESOLVED, That said contract shall renew automatically in 2019 for a five (5) year term unless the option to cancel, as set out in the contract, is exercised by either party by written notice given no later than the last day of the 2018 American Legion World Series; and, be it further 46 Proceedings of Wednesday, October 17, 2012 RESOLVED, That following the first renewal term the contract may be further automatically renewed for additional five (5) year periods; and, be it further RESOLVED, That during the first and any succeeding renewal term(s) the contract may be terminated after one year notice given on or prior to the last day of the most recent American Legion World Series; and, be it further RESOLVED, That in the event of a breach the contract may be terminated on thirty (30) day written notice; and, be it further RESOLVED, That said contract shall require a minimum of two (2) members of American Legion Post 82 located in Shelby, North Carolina, and two (2) Legionnaires chosen by The American Legion Department of North Carolina, be appointed and serve on the Executive Committee of the Cleveland County ALWS Baseball, Inc.; and, be it further RESOLVED, That the dates previously determined by the National Executive Committee in Res. No. 32, May 2010, for future American Legion Baseball World Series tournaments shall remain August 16-20, 2013, and August 15-19, 2014; and, be it further RESOLVED, That the National Commander, after review and approval by the National Judge Advocate, be and is hereby authorized and directed to execute all agreements referenced herein and the National Adjutant be and is hereby authorized and directed to attest same; and, be it finally RESOLVED, That Resolution No. 32 of the National Executive Committee, May 2010 titled "Permanent Site of The American Legion Baseball World Series" is hereby superseded and rescinded.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This resolution has the approval of your Americanism Commission, your Finance Commission, and your Subcommittee on Resolutions. I move for its adoption. …Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and we have a second. Any questions? All in favor say aye. All opposed? Motion carried.

Resolution No. 15: Mandatory Exclusive Insurance Coverage for American Legion Baseball Teams Origin: Americanism Commission Submitted by: Finance Commission WHEREAS, The December 2011 change to the charter of The American Legion created the need to examine and edit language within certain resolutions of the organization in order to bring a resolution into compliance with the Charter, and gave opportunity to correct deficiencies in other resolutions, the subject herein being one as originally set out in Res. 25, NEC, May 1994 and Res. 33, NEC, October 1994; and WHEREAS, The National Americanism Commission has oversight for The American Legion Baseball program to include establishing rules and regulations for the program, both on and off the field of play; and WHEREAS, The American Legion endeavors to protect the health and safety of its American Legion Baseball participants, volunteers and spectators; and WHEREAS, The aftermath of numerous cases of child sexual molestation across the nation has demonstrated the importance for diligent protection of vulnerable populations, such as Children & Youth; and WHEREAS, It is paramount The American Legion meet its moral and ethical responsibility to parents and guardians by protecting their children from abuse and harm when participating in youth programs under the Legion brand; and WHEREAS, The nature of today's litigious society requires the Organization to also impart vigorous protection of The American Legion's emblem and trademark; and Proceedings of Wednesday, October 17, 2012 47 WHEREAS, Use of an exclusive insurance carrier providing consistency in mandatory insurance coverage for American Legion Baseball is not a matter of corporate policy, but instead an issue of striving to ensure the health, safety and protection of participants, volunteers and spectators; and WHEREAS, Since 1994, through S.A. Van Dyk, Inc., Agent of Record for The American Legion, K&K Insurance Group, Inc. has been the exclusive provider of liability insurance coverage for American Legion Baseball and Sentry Insurance Company has provided exclusive coverage in special risk accident insurance; and WHEREAS, K&K Insurance Group, Inc. and Sentry Insurance Company each possess extensive knowledge and experience with endeavors to protect the health and safety of youth participants, volunteers and spectators through their longstanding service in providing insurance coverage to The American Legion, its departments, and American Legion Baseball teams; and WHEREAS, This resolution has been reviewed by the National Americanism Commission and with concurrence from the National Finance Commission, is recommended to the National Executive Committee for favorable action; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17 - 18, 2012, That in order to help ensure the health, safety and protection of youth participants, volunteers and spectators, all American Legion Baseball teams must purchase insurance policies from exclusive insurance carriers designated by The American Legion each season during the required online baseball registration process in order to participate in the Junior or Senior program of American Legion Baseball; and, be it further RESOLVED, That through S.A. Van Dyk, Inc., Agent of Record for The American Legion, K&K Insurance Group, Inc., shall continue as the exclusive liability insurance carrier for the American Legion Baseball program and Sentry Insurance Company shall continue as the exclusive special risk accident insurance carrier; and, be it further RESOLVED, That the minimum level of mandatory coverage deemed prudent that will be provided by the exclusive carriers is established as follows: a. Liability 1) $2,000,000 per claim; no aggregate 2) $300,000 property damage 3) $5,000 medical expenses b. Sexual abuse endorsement 1) $2,000,000 per person; $2,000,000 aggregate c. Special Risk Accident 1) $25,000 special loss coverage 2) $100,000 medical expense 3) $5,000 dental expense; and, be it further RESOLVED, That the cost of purchasing mandatory insurance during the required online registration process will be borne by American Legion Baseball teams; and, be it finally RESOLVED, That teams may voluntarily purchase additional insurance above and beyond that which is required during the online registration by directly contacting either S.A. Van Dyk, Inc., or another carrier insurance of choice, cost of which shall be borne by the purchasing team. 48 Proceedings of Wednesday, October 17, 2012 RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This resolution has the approval of your Americanism Commission, your Finance Commission, and your Subcommittee on Resolutions. I move for its adoption. …Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and a second. Any questions? All in favor say aye. All opposed? Motion carried.

Resolution No. 16: Mandatory Background Check Screening for Coaches, Managers and Volunteer Staff of Junior and Senior American Legion Baseball Teams Origin: Americanism Commission Submitted by: Finance Commission WHEREAS, The American Legion endeavors to protect the health and safety of its American Legion Baseball youth players; and WHEREAS, The aftermath of numerous cases of child sexual molestation across the nation has demonstrated the importance for diligent protection of vulnerable populations, such as Children & Youth; and WHEREAS, It is paramount The American Legion meet its moral and ethical responsibility to parents and guardians by protecting their children from abuse and harm when participating in youth programs under the Legion brand; and WHEREAS, Since 1994, through S.A. Van Dyk, Inc., Agent of Record for The American Legion, K&K Insurance Group, Inc. has been the exclusive provider of liability insurance coverage for American Legion Baseball and Sentry Insurance Company has provided exclusive coverage in special risk accident insurance; and WHEREAS, K&K Insurance Group, Inc. and Sentry Insurance Company each possess extensive knowledge and experience with endeavors to protect the health and safety of youth participants, volunteers and spectators through their longstanding service in providing insurance coverage to The American Legion, its departments, and American Legion Baseball teams; and WHEREAS, K&K Insurance Group, Inc., now requires background check screening of coaches, team managers and volunteers who work directly with youth participants of American Legion Baseball teams in order to provide liability coverage at a level deemed prudent; and WHEREAS, This resolution has been reviewed by the National Americanism Commission and with concurrence from the National Finance Commission, is recommended to the National Executive Committee for favorable action; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17 - 18, 2012, That effective with the 2013 season, all coaches, managers, and volunteer staff for Junior and Senior American Legion Baseball teams must have background check screening conducted each season prior to any meetings, events, practices or games that involve youth participants; and, be it further RESOLVED, That background check screening must be conducted at the following minimum level: 1) Social security number verification and address history trace 2) Alias names national search 3) National sex offender registry search 4) National criminal database search 5) A county or statewide criminal court search within those states known to have insufficient data contributed to the national criminal database (Delaware, Georgia, North Dakota, Kentucky, Massachusetts, South Proceedings of Wednesday, October 17, 2012 49 Dakota, Wyoming, and others as may be deemed in the future); and, be it further RESOLVED, That disclosure during background check screening that contains one or more of the following disqualifying criteria will preclude an individual from serving as a coach, manager or volunteer staff of an American Legion Baseball team: 1) Conviction of a felony 2) Conviction of a crime involving a minor, regardless of the offense 3) Conviction of a crime involving force or threat of force against a person 4) Conviction of a crime in which sexual behavior is an element 5) Conviction of a crime involving controlled substances (not paraphernalia or alcohol) 6) Conviction of a crime involving cruelty to animals 7) Any sex offender registrant 8) Refusal to undergo background screening as mandated; and, be it further RESOLVED, That background check screening must be conducted by the exclusive commercial vendor engaged by National Headquarters for the screening of all coaches, managers and volunteer staff of Junior and Senior American Legion Baseball teams in order to provide screening consistency and enhanced confidentiality; and, be it further RESOLVED, That during the online registration process for American Legion Baseball teams the National Organization of The American Legion will require an acknowledgment that each coach, manager or volunteer staff of an American Legion Baseball team has been verified as having successfully passed the mandated background check screening requirements for that upcoming season; and, be it further RESOLVED, That if during the background screening process it is revealed that a team coach, manager or volunteer staff is charged with or has a case pending that involves any disqualifying criteria set out above, that individual will be prohibited from having contact with the American Legion Baseball team until legal adjudication has been made and the screening has been verified as successfully completed; and, be it further RESOLVED, That a substitute or replacement for an American Legion Baseball team coach, manager or volunteer staff at any time during the season, cannot assume any duties until background check screening as mandated has been verified as successfully completed; and, be it further RESOLVED, That if information is acquired during the playing season that a team coach, manager or volunteer staff may have sustained one of the disqualifying criteria in the interim after a required background check screening has been conducted, that individual will be prohibited from having contact with the American Legion Baseball team until accuracy of the information has been validated so as to ensure the protection of the youth participants; and, be it further RESOLVED, That it is strongly urged and recommended that the respective Legion department and/or Legion post or other organization sponsoring an American Legion Baseball team assume the responsibility for verifying that: 1) Each coach, manager or volunteer staff has successfully passed the mandated background check screening requirements for each upcoming season 2) An individual charged with or having a case pending involving disqualifying criteria is prohibited from having contact with the team until legal adjudication has been made and the screening has been confirmed as successfully completed 50 Proceedings of Wednesday, October 17, 2012 3) A substitute or replacement team coach, manager or volunteer staff does not assume any duties with the team until the background check screening is successfully completed 4) Validity of information that a team coach, manager or volunteer staff may have sustained one of the disqualifying criteria in the interim after a required background check screening 5) Non-screened adults removed from the field of play have successfully completed a background check screening prior to their return; and, be it further RESOLVED, That the National Organization of The American Legion will not fund or collect any costs associated with the mandatory background check screenings of coaches, managers and volunteer staff of American Legion Baseball teams; and, be it finally RESOLVED, That coaches, managers and volunteer staff of American Legion Baseball teams must comply with the risk management policies of The American Legion established for the enhanced protection of Children & Youth.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This resolution has the approval of your Americanism Commission, your Finance Commission, and your Subcommittee on Resolutions. I move for its adoption. …Second. NATIONAL COMMANDER KOUTZ: You have heard a motion and a second. Any questions? NEC MEMBER MARCOUILLIER (DE): Yes, sir. I have a question on this resolution, because when it states: All managers, coaches and volunteers. That's going to cut out a lot of your volunteers in the baseball program if they have to have a background check. I'm not opposed to anybody having a background check. I think the idea is good. But the part I have a problem with is the implementation by the 2013 season because that will be January 1 when we start registering teams. So it's going to be almost impossible to do by that time. And I know it goes a little later, but if these teams want to bring in their teams as of January 1, they are basically going to be unable to do this. Also by having this mandated, it's only mandated for American Legion Baseball. You're cutting American Legion Baseball almost out of the program. What's the matter with Boys State? What's the matter with Junior Shooters? What the matter with Girls State? Why is it only mandated for American Legion Baseball who has records since 1929? Just never had any incidents. Also, in Resolution 15, the insurance coverage by S.A. Van Dyk covers this under the alternate. This is my problem with Resolution No. 16. I'm not against the resolution, but the timeliness of it. I don't believe that mandating within two and a half months from now for this program to go into effect is a fair and equitable situation for American Legion Baseball. Thank you. FINANCE COMMISSION CHAIRMAN DANILSON: With regard to part of your question, and then the timing, I really don't know. That's something that Americanism is going to have to work with the departments on. One answer to why it is be being done, is because our insurance companies, in order to get the insurance coverage that we require, are requiring that we have background checks. And that's going to be more and more of the situation. We do it on Boys Nation, and in my state for Boys State we do it. And I know we don't mandate the states to do it, but I strongly recommend if you don't do it, you need to do it. But this is driven by the insurance companies and sometimes the institutions where we are housed that require background checks. NATIONAL COMMANDER KOUTZ: Yes, sir. NEC MEMBER GOODIN (MO): Commander, I have a question on the No. 1, Conviction of a Felony. You know, you can be a convicted felon with a bad check in Proceedings of Wednesday, October 17, 2012 51 Missouri. You can be a felon for a nonsupport payment. Is this an automatic exclusion if you have those sorts of felonies? FINANCE COMMISSION CHAIRMAN DANILSON: I would ask that Americanism come up here, they are the ones that have more detailed information. NEC MEMBER GOODIN (MO): Or we can have the judge clarify this. NATIONAL JUDGE ADVOCATE ONDERDONK: The reason for the conviction of a felony, any felony is in the resolution, is because a felony involves moral turpitude, and once you get in that situation, the idea from everybody was, you did not want the youth exposed to that kind of situation. NEC MEMBER GOODIN (MO): So it's my understanding then that if there's a convicted felon, then they're automatically excluded? NATIONAL JUDGE ADVOCATE ONDERDONK: That's what the requirement would be. If I may, commander, the insurance company requires it; the venues we use require it; and we've all seen the recent horror stories, not just involving a university, but involving a number of organizations. And the question also came to me about the wording of our charter and mandates, we went to outside counsel for a written opinion, and they confirmed, this is for the protection of youth, and it was strongly advised. NEC MEMBER CHRISTOFFERSEN (UT): Commander. NATIONAL COMMANDER KOUTZ: Yes. NEC MEMBER CHRISTOFFERSEN: A lot of our coaches in our program come from the schools themselves. Are schools background checks acceptable for this? FINANCE COMMISSION CHAIRMAN DANILSON: No. The answer is no. NEC MEMBER BYNUM (AR): My name is Vernon Bynum from Arkansas. I don't disagree with the contents of this. The only thing I'm objecting to is having a background check every year. You take guys, put them in the program, and check them when they come into the program, because these things get pretty expensive. Like in Arkansas, it's about $2,200 or $2,300 a year. FINANCE COMMISSION CHAIRMAN DANILSON: The cost is ten dollars. NEC MEMBER BYNUM: Well, I mean but our program costs us $2,200 or $2,300 a year. FINANCE COMMISSION CHAIRMAN DANILSON: Using the national background check program is ten dollars. NEC MEMBER BYNUM: Yeah, that's right, but that's what I'm saying, you're doing it every year on the same guys. I don't think it should be but once every three years maybe, because they go through your program, and that's the reason. FINANCE COMMISSION CHAIRMAN DANILSON: We already discussed that with the insurance companies, and also if something happens within that year you're not going to catch it. It can happen. It needs to be required to do it every year. NEC MEMBER BYNUM: Well, we'll get it this year, but if it goes into next year and it's determined he's committed a felony for that year he's been there, it won't show up on the court record until the next year. FINANCE COMMISSION CHAIRMAN DANILSON: Yeah, but at least you're not waiting three years. NEC MEMBER BYNUM: But doing it every year I think it's just too much duplication. FINANCE COMMISSION CHAIRMAN DANILSON: Okay. Thank you. NATIONAL COMMANDER KOUTZ: Past National Commander Comer. PAST NATIONAL COMMANDER COMER: I advised the Americanism Commission that I would not get up on this, but since everyone is speaking, I am going to get up, and I voiced my objection to them from the very beginning in regards to the felony. I didn't know we were that pure. A fellow turns around and gets a DUI. I don't care what it is, it's a felony. What's that to do with baseball? What I want to ask is this: Is 52 Proceedings of Wednesday, October 17, 2012 this felony situation put in there by the Americanism Commission, The American Legion, or is it mandated in writing by the insurance company? AMERICANISM COMMISSION CHAIRMAN CAOUETTE: The answer is that it's not mandated in writing. It's highly recommended in 2013. And the insurance industry is very unified in this request. It's going to be a way of life, no question about it. We already have many organizations, many groups that are using it and using it annually, and that's similar to many others to what we're conducting here. PAST NATIONAL COMMANDER COMER: So to use the verbiage of recommended, you're telling me that if I asked for the felony part was to be removed from this resolution, then I would be in order? AMERICANISM COMMISSION CHAIRMAN CAOUETTE: I don't think so. But can we get our advice from the judge advocate? PAST NATIONAL COMMANDER COMER: He's not always right. (Laughter) AMERICANISM COMMISSION CHAIRMAN CAOUETTE: I know that in many districts across the country that judge cases and district attorneys, they're not all uniform. Some states that may take two or three offenses before it's a felony, and others it's like four or five offenses and then it becomes a felony. So it would be hard to just distinguish and make this uniform across the country, so that's why our advice is to use the moral turpitude concept I guess. PAST NATIONAL COMMANDER COMER: But a felony is a felony is a felony. The idea that you get a felony because you forget to pay your wife? AMERICANISM COMMISSION CHAIRMAN CAOUETTE: No, but you could have a murderer out there. PAST NATIONAL COMMANDER COMER: I know that. That's why there's so many differences. Is there an appeals process by anyone that just has a simple driving under, or something dealing with paying his alimony to his wife? AMERICANISM COMMISSION CHAIRMAN CAOUETTE: That would probably require an appeal, yes. PAST NATIONAL COMMANDER COMER: So you could appeal it depending on what the felony is? AMERICANISM COMMISSION CHAIRMAN CAOUETTE: We're not even going to know the results. All we're going to get is a P pass, F failure. But the individual can get into the system and find out why he failed; why he passed, and that's it. PAST NATIONAL COMMANDER BRIEDEN: Commander. Being in the insurance business and understanding when they say they highly recommend, we can pass what we want as long as you're willing to pay the premium. AMERICANISM COMMISSION CHAIRMAN CAOUETTE: We have spent all of May, all of the spring and the summer months vetting numerous, numerous agencies. I don't have the exact numbers. My staff has. The risk management office of The American Legion has, Mr. Crandall. But I know that they've gone beyond two dozen I believe vendors across the country and the agent that we selected to do the background checks, he's appeared before all of the chairmen at the conference a couple weeks ago. And we're satisfied that's probably the best bang that we could get for our buck. NATIONAL COMMANDER KOUTZ: Past National Commander Conley. PAST NATIONAL COMMANDER CONLEY: Today in the construction industry, if a contractor has to go to a school to do work, they are required to do a background check on any construction worker that comes there. The felony is automatically included. It doesn't designate what the felony is, but you're excluded from working on a school project if you are convicted of a felony. Some of the areas that you get involved in, is dealing with drugs or alcohol, selling it to minors and children. I personally believe that the felony should stay in here, because I think it's a protective situation for The American Legion. We're here to protect this Proceedings of Wednesday, October 17, 2012 53 organization, and we're here to protect the children that we're given an opportunity to play American Legion Baseball. And this is throughout the whole country now, that they're doing all these background checks, and if a felony pops up in one of the areas, that it will lock you out of working on schools, whether it be you didn't pay your alimony or whether you were pushing drugs. PAST NATIONAL COMMANDER DETWEILER: Mr. Commander, if you don't pay your alimony, it's not a felony. It's a civil matter. It can be criminal, but for the most part it's civil. As far as DWI's are concerned, or DUI's, they are handled as a misdemeanor, but it could be something that if you're convicted one or more times, then you may be in the felony category. But no, that's not a felony to start with. So let's make sure we understand. Getting drunk one time and you have a wreck or something, maybe you shouldn't, but it may not be a felony. UNIDENTIFIED NECMAN: Call for a vote. NATIONAL COMMANDER KOUTZ: Any other questions? Yes, sir. NEC MEMBER SALMEN (NV): Commander, if there was changing to felony involving moral turpitude, as an explanation, without covering the rest of the felonies. Would that be more acceptable? PAST NATIONAL COMMANDER COMER: Ever try arguing moral turpitude with the attorneys? RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Call for the question. NATIONAL COMMANDER KOUTZ: Any other questions? NEC MEMBER WRIGHT (WY): It has to do with criminal courts search, you list seven states here that says they contributed insufficient data to the national criminal database, my understanding is that every jurisdiction has a minimum they have to contribute. AMERICANISM DIRECTOR DRUSKIS: Mr. Chairman, would you like me to answer that? AMERICANISM COMMISSION CHAIRMAN CAOUETTE: Yes, please. AMERICANISM DIRECTOR DRUSKIS: I would be happy to. Good morning everyone. I'm Jill Druskis, the director of Americanism and Children & Youth. And I and Mr. Crandall and several staff members have been the ones who've been helping drive a lot of the research in compiling this information. And the question was again, sir? The seven states? NEC MEMBER WRIGHT: The seven states contributing insufficient data, what is the standard? AMERICANISM DIRECTOR DRUSKIS: The standard I couldn't speak to, but this was the information that came from the commercial vendors that we talked to, from more than one actually. NEC MEMBER WRIGHT: Because there's a minimum that every jurisdiction has to report, city, county, state. I don't see how they defined that there's a lack of information from department or state unless it has to do with population they not reporting. AMERICANISM DIRECTOR DRUSKIS: I could not speak to their criteria either, but this was information we received from more than one vendor. So this was consistent information that we were continually being told from the vendors. So, it wasn't just this particular vendor who had indicated that. NEC MEMBER WRIGHT: You're talking vendor. What kind of vendor? AMERICANISM DIRECTOR DRUSKIS: Background check screening vendor that commercially provides background checks for employers and organizations like this and this type of thing. Thank you, Mr. Chairman. 54 Proceedings of Wednesday, October 17, 2012 NATIONAL COMMANDER KOUTZ: Call for the vote. You have heard the discussion. All in favor say aye. All opposed. Motion carried. The next report is the 2012 National Convention. I will give the full report in May. Order. Past Commander Brieden. PAST NATIONAL COMMANDER BRIEDEN: Commander, before you move on, I bit my tongue and the more I thought about it the more I want to make a statement. It's not to change anything, but I want to make a statement. And let me qualify also because it's going to sound like I'm against your special project, and that is not the purpose of what I'm going to be talking about, because I applaud you and I am all for it, your special project. But on Resolution No. 6, where the Sons of The American Legion contributions and what went forward, what they passed was not what you see in this resolution. They in fact, one of the things they had was $30,000 going to Fisher House. And that was changed for it to go to Operation Comfort Warriors. What I have a problem with, is they raised the money. Their national commander's special project is Fisher House. They passed a resolution and it came forward and we changed the resolution and said, "Your special project is not as important as our special project. We'll tell you where the money you raised will go." I am against that. That's wrong. We shouldn't be doing it. When we say we're an American Legion family, they're not stepsons. And I think what we've done is wrong, and I say I bit my tongue, and I feel like I can't fight it any further, and so I felt like it needed to be said. Commander, thank you. NATIONAL COMMANDER KOUTZ: Thank you. As I stated, the next item of business is the 2012 Convention. I will have a full report in May. I now call on Michael E. Walton from Illinois, chairman of the Convention Commission.

Oral Report: National Convention Commission Michael E. Walton, Illinois, Chairman

Good morning Commander Koutz, members of the NEC. Although the written report is in your packet, I would like to touch on some of the highlights of our meetings. National Commander Jim Koutz who was the president of the 2012 National Convention Corporation gave a report regarding our recently completed National Convention here in Indianapolis which was August 24 through 30. We believe that was a huge success. John Morris, president of the 2013 Convention Corporation gave a preliminary report to the commission regarding our up and coming National Convention in Houston, Texas, which will be August 23 through 29 of 2013. We also had a very concise and good report from Mr. David Priester, who is our chief judge of contests. He updated the commission on the color guard and band contests that are conducted at our National Convention, and Mr. Priester was reappointed as chief judge, and he has accepted that appointment. As you're all aware, our color guard contests were moved to Friday evening this year in Indianapolis, and it was determined to be a really good success. We had 19 color guard performances, and a crowd of over 500 spectators in attendance. The spectators and the participants all seemed to be very pleased with this change, and we plan on continuing that in Houston next year. We also are looking forward to our continued professional involvement with Mr. Priester our chief judge and his contest judges. Also in your packet you will find two resolutions. The first amends the articles of agreement between The American Legion National Headquarters and all future National Convention corporations. The second resolution explains the updated convention registration procedures. Proceedings of Wednesday, October 17, 2012 55 Also, our good friend, Director Dick Holmes, is being promoted to executive director of the John H. Geiger Operations Center. He was presented with a plaque, thanking him for his many years of service to our commission. Also, Deputy Director Bridget Robinson and Convention Coordinator Andrea Watson were both congratulated on their up and coming promotions as director and deputy director of Conventions and Meetings. All of us on the National Convention Commission have really enjoyed working with Dick, and we plan on continuing to assist him in his new position. We are also excited and also looking forward to working with Bridget and Andrea as they continue the good work for our commission. Mr. Commander, and members of the NEC, that concludes my report. Thank you for allowing me to serve.

Report: National Convention Commission Michael E. Walton, Illinois, Chairman October 15, 2012

Chairman Michael E. Walton, Illinois, at 9:00AM, October 15, 2012, called the meeting to order. Roll call was taken with all members either excused or present. The following resolutions, which are in your packets, are provided for your consideration: Amending Current Articles of Agreement between the currently contracted National Convention Corporations and National Headquarters of The American Legion which will reduce the Convention Corporations financial responsibility from an independent audit to The American Legion National Headquarters Finance Office conducting a financial review at no cost to the Convention Corporation. Registration Procedures at the National Convention of The American Legion.That all guests of The American Legion Family who are eighteen (18) years of age, or older, will be required to register prior to attempting to enter any venue of the National Convention, including shuttle bus transportation, and guests who are younger than eighteen (18) of age, and who are not delegates or alternates to the SAL or Jr. Auxiliary National Conventions will be provided a guest registration pass at no charge. The National Convention Commission appointed a Chief Judge of Contests to serve through the 2013 Fall Meetings. The Chief Judge of Contests for 2012 - 2013 is Mr. David Priester (SAL - VA). Mr. Priester has informed the Commission that he proudly accepts the appointment to serve as the Chief Judge of Contests for The American Legion. Mr. Priester gave a two hour presentation on the following items: Friday's Color Guard Competition; Band Contest; Band Parade Attendance; and Band Registration. This past convention the National Color Guard Contest was held on Friday evening, the first day of convention. The number of color guard units grew significantly from 12 performances in 2010 to 19 performances in 2012. Spectator attendance also rose to an ultimate high of 500 people. The National Convention Commission will conduct the 2013 National Color Guard Contest on Friday, August 23. Additionally, the National Commander's Championship Color Guard will once again be selected from either the Military Class or the Military Class (Open) beginning with the 2013 National Convention. Specific rule changes will be communicated to the entire Nation and to American Legion leadership on or before January 14, 2013. James Koutz, National Commander of The American Legion, and also President of The American Legion National Convention Corporation of Indiana, gave a preliminary report on the 2012 National Convention in Indianapolis, Indiana. Mr. Koutz thanked the National Convention Commission for their support and reported that, in his opinion, the 2012 National Convention was a huge success. Mr. Koutz reported that the post-parade 56 Proceedings of Wednesday, October 17, 2012 party, in his opinion, was a tremendous success and all vendors profited over $1,000 each. He reported that all known invoices had been received and paid and some registration income had been received. Five of the thirteen convention hotels had paid their rebates as of the Fall Meetings. Mr. Koutz will provide a final report at the 2013 Spring Meeting, but he projects a profit of approximately $97,000.00 of which one half would be shared with the National Organization. Chairman Walton thanked Mr. Koutz and his nearly 100 volunteers for conducting the 2012 National Convention. John Morris, President, The Texas National Convention Corporation of The American Legion, gave an initial report on the planning process for the 2013 National Convention in Houston, Texas, August 23 - 29, 2013. Planning for the 95th National Convention of The American Legion is on schedule. The headquarters hotel for The American Legion, the American Legion Auxiliary and the Sons of the American Legion will be the Hilton Americas Houston. Mr. Morris informed the National Convention Commission that almost all contracts between the hotels and the assigned Departments of The American Legion have been completed. Chairman Walton, Convention Corporation personnel, the convention and meetings planning staff and our convention technical companies will conduct a site visit to Houston, Texas, December 16 - 19, 2012. Further details will be provided as they become available. National Convention Commission members reported on their assignments during the 2012 National Convention. Reports indicated that the local Convention Corporation conducted their duties in outstanding fashion and greatly contributed to the overall success of the National Convention. A thank you from the commission was provided to Mr. James Koutz, President of the 2012 Convention Corporation for the support provided to the convention by The American Legion family of Indiana. Dates for future National Conventions are the following:

Houston, Texas August 23 – 29, 2013 Charlotte, North Carolina August 22 – 28, 2014 Baltimore, Maryland August 28 - September 3, 2015 Cincinnati, Ohio August 26 – September 1, 2016 Louisville, Kentucky August 25 – 31, 2017 Minneapolis, Minnesota August 24 – 30, 2018 Indianapolis, Indiana August 23 – 29, 2019

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Commander, motion to receive and file report of the Convention Commission, with the exception of two resolutions. ...Second. NATIONAL COMMANDER KOUTZ: You've heard the motion. We have a second. Any questions? All in favor say aye. Opposed. Carried.

Resolution No. 17: Registration Procedures at the National Convention of The American Legion Origin: Convention Commission Submitted by: Convention Commission WHEREAS, The National Convention Commission continues to monitor the registration process at the National Convention to ensure fairness to all registered delegates, alternates and guests attending the respective National Conventions of The American Legion Family; and WHEREAS, The registered delegates, alternates and guests to The American Legion National Convention pay equal registration fees and expect equal services to be provided for their fees; and Proceedings of Wednesday, October 17, 2012 57 WHEREAS, Not all delegates, alternates and guests to the respective conventions of The American Legion have, in the past, paid their applicable registration fees prior to, or during, the National Convention; and WHEREAS, The National Convention Commission desires to provide equal access to all of the various National Convention venues, including shuttle bus transportation, to all registered delegates, alternates and guests of The American Legion Family; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17–18, 2012, That all delegates and alternates to the respective National Conventions of The American Legion Family must register prior to, or during, the National Convention to ensure each attendee has the necessary credentials to enter the venues of the National Convention and without the proper credentials, access to the various venues of the National Convention, including shuttle bus transportation, will be denied; and, be it finally RESOLVED, That all guests of The American Legion Family who are eighteen (18) years of age, or older, will be required to register prior to attempting to enter any venue of the National Convention, including shuttle bus transportation, and guests who are younger than eighteen (18) of age, and who are not delegates or alternates to the SAL or Jr. Auxiliary National Conventions will be provided a guest registration pass at no charge.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This has the approval of the National Convention Commission, your Subcommittee on Resolutions, and I so move for its approval. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed? Motion carried.

Resolution No. 18: Amending Current Articles of Agreement Origin: Convention Commission Submitted by: Convention Commission WHEREAS, The National Convention Commission has reviewed signed contracts between The American Legion National Headquarters and all National Convention Corporations; and WHEREAS, Article IV, paragraph 8, 3rd priority and Article V, paragraphs 1 and 2 under Mutual Obligations of our mutually signed Articles of Agreement must be updated; and WHEREAS, The National Convention Commission hereby recommends to the National Executive Committee that the National Convention Commission be authorized to amend current Articles of Agreement between The American Legion National Headquarters and all current National Convention Corporations; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That the National Convention Commission be directed to amend the current Articles of Agreement; and, be it finally RESOLVED, That after receipt, review and approval of recommended amendments to Articles of Agreement the National Judge Advocate, be and is hereby authorized and directed to amend all current signed contracts between The American Legion National Headquarters and all current National Convention Corporations and the National Adjutant, be and is hereby authorized and directed to attest to same. 58 Proceedings of Wednesday, October 17, 2012 RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This has the approval of your National Convention Commission, your Subcommittee on Resolutions, and I so move for approval. ...Second. NATIONAL COMMANDER KOUTZ: You heard the motion and a second. Any questions? All in favor say aye. All opposed? Carried. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, can I say one thing? NATIONAL COMMANDER KOUTZ: Yes, sir. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: I've had the opportunity to work in my job as a liaison, I've been assigned to the Convention Commission for I think 12 or 14 years now. I've been in the meetings with Dick Holmes as director has been there. He's done a wonderful job, and I want to congratulate him on his new position moving out to the John Geiger Operations Center. I know we've got well-qualified people following him but I think we as NECmen, national commanders and guests here, need to offer him a great round of applause. (Standing applause) NATIONAL COMMANDER KOUTZ: Thank you. I now call on Harold D. Barnett, Georgia, chairman of the Economic Commission.

Oral Report: Economic Commission Harold D. Barnett, Georgia, Chairman

Thank you commander. Members of the NEC, fellow Legionnaires. Thank you for this opportunity to highlight some key activities of the National Economic Commission. You have your written report within your packet. I certainly will not be reading it, only highlighting a few items. I would like to start with a recent success story. The American Legion continues to partner with the U.S. Chamber of Commerce and the Department of Labor in the Hiring our Heroes program. We've been conducting over 200 job fairs each year. This is a great opportunity for you to open your American Legion posts to veteran-friendly employers. Many of them are eligible for membership in The American Legion and allows your service officers to come into your Legion post to meet veterans who are in that job search. The Economic Commission encourages every department to actively promote these events and we stand ready to assist you in any way, shape or form. The second success story has been The American Legion's leadership on licensing and credentialing the veterans entering the civilian job market. A veteran who is trained and executed occupational skills within the military should be afforded every opportunity to move those skills from the military into the civilian arena. The American Legion has been a key leader in this project dating all the way back to 1997. But as I've talked to you before, in March or February of last year, we conducted a licensing and credentialing summit in conjunction with our Washington Conference. We had over 200 stakeholders that represented the Department of Defense, civilian industry and licensing and credentialing experts at the state level. We have gotten tremendous mileage in this operation. We are currently continuing the work with TRADOC in the United States Army to rewrite their instructional manuals and their training so that it will closely match the national licensing and credentialing requirements and standards. We made key congressional testimony. I want to thank the national commander for his recent testimony as well as his highlighting of this issue earlier in his opening remarks. I'd like to also highlight an event that happened last Friday. During our credentialing meetings and summit, we have made some key contacts with union leadership, with key employers of corporations. One of those was in Chicago, the utility company. They designed a special veterans training program run by City College of Chicago in conjunction with the union and a gas company, Peoples Gas, and it was designed to train Proceedings of Wednesday, October 17, 2012 59 and place veterans in jobs in the Illinois natural gas industry. What is really wonderful is the union went out and paid for one-year membership in The American Legion. Past National Commander Marty Conatser was there at their graduation, and issued them the membership and we have the opportunity to get 300 members in this one initiative alone, and revitalize an American Legion post. I congratulate the Department of Illinois for doing that. The Economic Commission continues to advocate for educational benefits and responsive claims processing of Post -9/11 educational benefits. In conjunction with our National Convention, the commission sponsored an educational roundtable. Coming out of that was a relationship that got us a recent invite to the National Association of Veteran Program Administrators who are on the college campuses helping our veterans doing their educational benefits. A story they shared with us, was that the Indiana University campus in Bloomington is going to start an American Legion post. Those are the types of networking opportunities that we need to continue to foster through our relationships. The Economic Commission also continues to support the elimination of homelessness among veterans. It's getting better. The numbers are down. It's in your written report. We have this handbook available on the table in the rear. If you don't already have it, we gave it to all your department commanders earlier this week, and it has some wonderful toll free numbers that are really helpful for any of your individuals who are involved in homeless coordination. Lastly, the Economic Commission will sponsor a small business development workshop in conjunction with the Washington Conference, scheduled for February 26-27. This is a two day training event to help Legionnaires who want to start a small business. It's a workshop that we bring in first class presenters from both private and the government sector that navigate veteran small business owners through the maze of government regulations on veterans' preference issues; how to obtain government contracts earmarked for veterans, and grants available to veterans starting small businesses. I highly recommend you encourage this throughout your departments. As the national commander likes to say, "Everyday is Veterans' Day." Thank you, commander for your support of veterans in the area of employment opportunities, educational benefits, and eliminating veterans homelessness. I thank our staff. I have two staff members here, Director Joseph Sharpe and Deputy Director Mark Walker, and subject to your questions, this concludes my remarks.

Report: Economic Commission Harold D. Barnett, Georgia, Chairman October 15-16, 2012

The National Economic Commission met on October 15-16, 2012, at the Sheraton in Indianapolis, Indiana for the purpose of considering those matters that had previously been referred for study, and to discuss a range of other current matters.

Presiding: Harold D. Barnett (GA), Chairman

Present at the meeting were: James E. Amos (NJ) Harold Pawson, III (AK) James Fratolillo (MA) Albert M. Robotti (NJ) Mary Ann B. Roczynski (CT) Dennis E. Clausing (OH) Rick Carter (OK) Eric W. Measles (CA) Richard W. Neville (NC) Wendall J. Sandell (PA) William Christoffersen (UT) John Ross (IA) 60 Proceedings of Wednesday, October 17, 2012 Charles Goodin (MO) John Miller (France) Richard Coccimiglio (PA)

Also in attendance were: Joseph C. Sharpe, Jr. (MD), Director, and Mark Walker (DC), Deputy Director, for the Economic Division

Matters Received, Considered and Acted Upon by the Commission: Resolutions

Your Subcommittee considered Ten (10) resolutions. Four (4) were referred from the 2012 National Convention two of which is been held for further study, and one was received and recorded, two (2) were referred from the Department of Pennsylvania 2012 Executive Committee meetings; one of which is been held for further study and six (6) resolutions were forwarded to the National Executive Committee for approval.

Resolution No. 51 (TX) (2012 Natl. Conv.): Improve Transition Assistance Program Registered Resolution 2676 (PA) (2012 DEC): Federal and State Incentives for Employers to use Veterans' Preference (Origin: Economic Commission) Support a Veterans Housing Repair and Modification Pilot Program (Origin: Economic Commission) Support Federal Legislation that Protects the Employment of Veterans in U.S. Postal Service Mail Processing Facilities that are Slated for Closure (Origin: Economic Commission) Support "Buy American" Policy at the Department of Veterans Affairs to Create Jobs and Opportunities for Veterans (Origin: Economic Commission) Rescinding of National Economic Non-Legislation Resolutions

The Commission then discussed the following issues:

Licensing and Certification

The civilian workforce increasingly relies upon credentialing as a way to regulate entry into certain occupations and to promote accountability for performance and public safety. Credentialing also offers benefits to the military, and can be used to promote recruiting, retention, and professional development. Promoting civilian credentialing of service members and veterans will enable them to demonstrate to employers the comparability and value of their military education, training, and experience. Returning veterans face a lengthy credentialing and licensing process that is required for them to transition their skills, training, and experience from the military to civilian workforce. Many industry areas require specific federal and state licenses and credentials, but do not recognize military training or experience. When civilian credentialing boards and employers fail to fully recognize military education, training, and experience, the service member, veteran and America lose out. Veterans face reduced chances of obtaining a job on par with their skills and the civilian workforce cannot take full advantage of the extensive skills training in which our nation has so greatly invested. The American Legion asserts that veterans have been trained, educated, disciplined, and molded by the greatest military the world has ever seen and yet a large number of these skills are deemed non-applicable in the civilian sector. The Department of Labor's Hire Vets First lists attributes that make veterans marketable to the civilian section. The American Legion strongly agrees that veterans have attributes to make them extremely Proceedings of Wednesday, October 17, 2012 61 productive in the civilian sector. These attributes include an accelerated learning curve, leadership, teamwork, diversity and inclusion in action, efficient performance under pressure, respect for procedures, technology and globalization, integrity, consciousness of health and safety standards, and the ability to triumph over adversity. The American Legion is a leading voice in advocacy for the unique job skills veterans bring to the table. In 1997, The American Legion commissioned the report "Study of Civilian Licensure and Certification for Veterans," which detailed the problem while focusing on the areas of aircraft maintenance and healthcare. The American Legion continues to fight for a major overhaul of the licensure and certification policies as they relate to military job skills, on the national and state levels alike. The American Legion is working with credentialing and licensing agencies to help veterans receive credit for their experiences, maximize their abilities and move quickly into productive careers. The American Legion help shape and support the VOW to Hire Heroes Act and the Veterans Skills to Jobs Act of 2012; however, work remains in a long march to improve career opportunities for those who have served in uniform.

The Legion's strategy going forward includes: x Working with and counseling government agencies about the value of a workforce with military experience; x Working with the American National Standard Institute and Solutions for Information Design to advise the U.S. Army Training and Doctrine and identify 10 credentialing agencies to evaluate their instruction program; x Lobbying successfully for an industry credentialing amendment to the fiscal 2013 National Defense Authorization Bill; and, x Working closely with Congress on "The Hire at Home Act," which would amend Title 38 to require – as a condition to receive selected veteran employment and training funds – that the state ensures that training received by veteran while on active-duty is taken into consideration in granting certain state certifications or licenses. The American Legion will continue to work with the White House, National Governors Association, the National Conference of State Legislatures, government agencies such as the departments of Defense, Transportation, Energy, Labor, and others, as well as congressional representatives, military training commands, credentialing boards and the private sectors. The American Legion is in the process of creating toolkits to assist Legionnaires in advocating on a state-by-state basis to address the issues of credentialing.

Small Business

The American Legion views small business as the backbone of the American economy. It is the mobilizing force behind America's past economic growth and will continue to be a major factor as we move through the current recession. Reports show that businesses with fewer than 20 employees account for 90 percent of all U.S. firms and are responsible for more than 75 percent of all new jobs. Furthermore, there are 27 million small businesses in the U.S. and 99.7 percent of all firms are small businesses. The American Legion urges Congress to establish a direct lending program through the Small Business Administration that would offer low-interest loans to otherwise healthy veteran-owned and service-disabled veteran-owned small businesses having trouble obtaining credit for necessary operating expenses or expansion. In addition, The American Legion seeks and supports legislation to require a 5 percent goal, with set- asides and sole-source authority for federal procurements and contracts for businesses 62 Proceedings of Wednesday, October 17, 2012 owned and operated by service-disabled veterans, and businesses owned and controlled by veterans. This includes small businesses owned by Reserve component members who have been, or may be, called to active-duty, or may be affected by base closings and reductions in our military forces. The American Legion continues to work closely with business leaders and government authorities to help veteran-owned small business and increase the role of veteran-owned businesses in communities around the world. Veterans know the value of veteran employees better than anyone else, and veteran-owned small businesses are one among the best employers of veterans.

The American Legion Small Business Task Force

The American Legion Small Business Task Force sponsored a number of events this year to assist veterans, disabled veterans, Reservists and active-duty military members in obtaining employment, to include starting and growing their own businesses. x February 28-29 Washington Conference Small Business Development Workshop x August 25 National Convention Transitional and Benefits Career Fair x August 27-28 National Convention- Business Development Workshop

During The American Legion's 94th National Convention in Indianapolis, the National Economic Commission hosted a successful Small Business Development Workshop. Attendees were given 12 hours of intensive instruction on how to do business successfully with the government, and, equally important, how to sustain their relationships and stay in business. Speakers representing defense contractors spent part of the first day outlining the types of products and services sought by the government, as did experts from private industry. Speakers from financial and legal firms then presented overviews on business financing, bookkeeping, tax reporting requirements, and related topics. One of the primary issues discussed in the small business development workshop were the numerous barriers for entry into federal contracting for small businesses, which includes: weak policies that limit the effectiveness of tools that are supposed to facilitate contracting opportunities; inadequate workforce training to help contracting officers, small business advocates, and program offices to successfully use contracting tools; and a lack of coordination among and accessibility to agency training and outreach events designed to help small businesses navigate the contracting system. Action must be taken to remove these barriers and ensure veteran small businesses get access to federal contracts. The American Legion recommends that VA and SBA develop a comprehensive partnership to assist veterans who are interested in participating in federal procurement, with each department utilizing their resources to ensure proper implementation. As interpreted by Federal Court, the VA is mandated by law to purchase all products and services from SDVOSB-/-VOSB as mandated by the Veteran First law, as long as those SDVOSB-/-VOSB meet both the legal and contract requirements. Any regulations, policies, and procedures disseminated by the VA that deny SDVOSB-/-VOSB their contracting preference and priority as defined by the United States Court of Federal Claims is a violation of law. Proceedings of Wednesday, October 17, 2012 63 Veteran Homelessness

The Department of Veterans Affairs (VA) is taking decisive action toward its goal of ending homelessness among our nation's veterans. To achieve this goal, VA has developed a Five-Year Plan to assist every homeless veteran willing to accept services retain or acquire: safe housing; needed treatment services; opportunities to retain or return to employment; and benefits assistance. VA stated that they will continue to partner with the community, national and local service providers, and other state and federal agencies to provide comprehensive care to homeless veterans and veterans at-risk for homelessness. The American Legion supports the VA's Five-Year Plan that will provide supportive services and physical and mental care to homeless veterans. To fully implement that pledge to end veteran homelessness, VA is going to have to work closely with Congress to continue making responsible investments in affordable housing and supportive services programs to help more veterans and their families. Current estimates put the number of homeless veterans at approximately 67,500 on any given night, down from 2010 numbers of 76,000 or more. The American Legion recommends providing funding for a broad range of appropriate and effective interventions, including:

x Appropriation of funds for the Supportive Services for Veteran Families (SSVF) program. SSVF funds have been used effectively by community organizations to prevent many veterans from becoming homeless and to quickly assist veterans who need nothing more than short-term rental assistance and limited case management to get back on their feet. SSVF funds also can be used to pay for employment services, utility assistance, child care costs and other housing related expenses; x Congressional support for the homeless veterans Grant and Per Diem (GPD) transitional housing program. This program provides short-term housing help to homeless veterans, allowing them to get connected with jobs, supportive services and more permanent housing, ultimately allowing them to become self-sufficient. Promising new models for using GPD funds - including allowing veterans to remain in their GPD housing units once support from the program ends – and new programs focused on women veterans are helping to ensure that GPD continues to meet the ever-changing needs of returning veterans and their families; and, x Congress should provide 10,000 new HUD-VASH vouchers designed to serve homeless veterans (and in many cases their families) who need long-term housing, intensive case management and supportive services. Since 2009, 34,502 homeless veterans have been successfully housed through the HUD- VASH vouchers. The American Legion understands that a full continuum of care  housing, employment training and placement health care, substance abuse treatment, legal aid, and follow-up case management  depends on many organizations working together to provide services and adequate funding. The availability of homeless veteran services, and continued community and government support for them, depends on vigilant advocacy and public education efforts on the local, state and Federal levels. Consequently, The American Legion continues lead communities by volunteering, fundraising, and advocating for programs and resources to help homeless veterans. Furthermore, The American Legion directly provides housing for homeless veterans and their families, including facilities in Pennsylvania, North Carolina and Connecticut. One of the goals of The American Legion is to help bring federal agencies, nonprofit organizations, faith- 64 Proceedings of Wednesday, October 17, 2012 based institutions and other stakeholders to the table to discuss best practices, along with funding opportunities, so homeless veterans and their families can obtain the necessary care and help in order for them to properly transition from the streets and shelters into gainful employment and/or independent living.

Employment

The current rate of unemployment in the United States is 7.8 percent. According to the Bureau of Labor Statistics, the unemployment rate for Iraq and Afghanistan veterans is 10.9 percent. The total number of unemployed veterans from the current wars in Iraq and Afghanistan is approximately 196,000, with a total of 806,000 unemployed veterans from all eras. The American Legion has formal Memorandums of Understanding (MOU) with RecruitMilitary and Military.com that will allow The American Legion to have a presence in all of their Job Fairs around the country. The main purpose of participation in these Job Fairs is to educate veterans of their benefits, provide veterans outlets for employment and promote The American Legion. The American Legion participates in 100 Job Fairs a year through our national partnerships. In addition, The American Legion has collaborated with the U.S. Chamber of Commerce (USCC), Department of Veteran Affairs, Department of Labor, Veterans' Employment and Training Service (DOL-VETS), Employer Support for the Guard and Reserve (ESGR), various State Workforce Agencies and various corporate sponsors, in hosting numerous veteran specific Job Fairs across the nation. This new 'Hiring our Heroes' Initiative seeks to drastically lower the rising unemployment rate amongst our nation's veterans by bringing Job Fairs to many of the nation's underserved communities. USCC has set the lofty goal of hosting 400 hiring events for the 2012-13 year, of which The American Legion has pledged to host 200 venues in Legion Posts. Since the inception of this joint initiative with the USCC, The American Legion has been successful in hosting hiring events at American Legion Posts throughout the country. Furthermore, the scope of The American Legion's partnership with USCC's veteran's hiring initiative is quite a departure from the norm. Identifying the large cities have reaped the benefits of grand career expos hosted by organizations like RecruitMilitary, Military.com and Monster.com; however, The American Legion is determined to move more of these events into suburban and rural settings. The American Legion is keenly aware that unemployed veterans who do not reside near large cities were being unintentionally excluded. This is why the focus under the 'Hiring our Heroes' Initiative with USCC will not be on huge Job Fairs like those held in major cities in the past. Instead, the initiative seeks to bring smaller and reoccurring Job Fairs to underserved rural or previously inaccessible sections of the United States. Giving veterans the resources they need to succeed and linking them to hiring managers from the government, corporations and local businesses, remains the initiative's ultimate objective. As of September 30, 2012, The American Legion has conducted over 80 Job Fairs with the Chamber under the 'Hiring our Heroes' Initiative with a total confirmed Job Fairs of 144. With all the Departments combined, so far there are 221 Job Fairs being considered for this initiative. Currently, the USCC is looking to fill up their scheduling calendars for the first quarter of 2013, and the Legion is hoping that we can provide our posts as venues for the last few spots left for the year. Going into 2013-14, The USCC will scale down the program and only sponsor 100 to 150 hiring events for veterans. Hence, The American Legion is strategizing with USCC staff to identify where the best states and cities are for these events. The location of these events will occur in 2013-14 will be based upon individual state unemployment rates and places where there are substantial veteran populations. Proceedings of Wednesday, October 17, 2012 65 The American Legion's Economic Division, through its relationships, continues to play a vital role in assisting American Legion Posts to produce successful Job Fairs, small business development workshops, and employment training services throughout America and, in turn, will change the tide of the high unemployment rate among veterans.

Education

Veteran students face many of the same challenges as adult or non-traditional students: they are older and more mature, many are tending to the needs of a family and some are commuting long distances to complete their education. Military students, however, also bring with them a structure, sense of discipline and work ethic that typically far exceeds faculty expectations. With a greater number of veterans expected to enter all areas of post-secondary education in the years to come, it is important to highlight the additional leadership and other qualities and characteristics that veterans bring to the academic environment and communicate those to faculty. In October 2011, the National Executive Committee of the Economic Commission adopted resolution No. 37: "Support Regulation of For-Profit Schools and State Approving Agencies." The resolution outlined measures that were recently communicated to President Obama in a letter co-signed by several Veterans Service Organizations. On April 27, 2012, President Barack Obama signed Executive Order 13607 to help protect students and prospective students using their Post-9/11 GI Bill benefits from aggressive and deceptive targeting by post-secondary higher educational institutions. The American Legion played a major role in the execution of this executive order. Recently, the National Economic Division staff met with post-secondary higher education institution representatives, Veterans Service Organizations (VSOs), and other stakeholders, to discuss veteran higher education legislation 2013 strategy, as well as the possibility of creating a brain trust. This brain trust would include expertise in the education fields (i.e., think tanks, higher education representatives, VSOs, etc.) to begin identifying trends within higher education, and providing recommendations and solutions that can be converted into future legislation to ensure student-veterans have the ability not only to access higher education, but can obtain quality education.

Conclusion

The National Economic Commission is fully aware that it would be impossible to carry out its mandates without the active involvement of Posts, Districts, Counties, Departments and individual Legionnaires. We deeply appreciate their continued support and involvement. Chairman Barnett also thanks the National Commander, the National Adjutant, the National Executive Committee, and the staff of both the Washington and Indianapolis offices for the outstanding support and cooperation they have provided during the past year.

Addendum A

Received and Recorded

Resolution No. 137 (IA) (2012 Natl. Conv.): Support for Legislation that would Enhance and Reinforce Veterans Preference for Government Jobs 66 Proceedings of Wednesday, October 17, 2012 Held for Study

Resolution No. 192 (NY) (2012 Natl. Conv.): Securing In-State Tuition for Military Children Resolution No. 214 (IL) (2012 Natl. Conv.): Raise Ceiling on VA Home Loan for Two Legally Married Eligible Veterans Registered Resolution No. 2678 (PA) (2012 DEC): Expanding Post-9/11 Bill for Entrepreneurship

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, motion to receive and file the report of the Economic Commission with the exception of six resolutions and we have one addendum. ...Second. NATIONAL COMMANDER KOUTZ: You've heard the motion. We have a second. Any questions? All in favor say aye. All opposed. Motion carried.

Resolution No. 20: Support "Buy American" Policy at the Department of Veterans Affairs to Create Jobs and Opportunities for Veterans Origin: Economic Commission Submitted by: Economic Commission WHEREAS, To reverse the devastating impact to the economic security of veterans is to partner with the Department of Veterans Affairs to foster job creation for veterans, through the 3 million veteran small businesses, by adopting and enforcing a "Buy American" policy under the Veterans First Contracting program at the Department of Veterans Affairs; and WHEREAS, The rates and statistics of critical veteran social issues have been accelerated to higher numbers by the Department of Veterans Affairs' establishment of acquisition policies that gives no priority or preference to more than 3 million veteran small businesses and diverts more than $66 million dollars annually in contract opportunities to large businesses who sell products from overseas manufacturers to the Department of Veterans Affairs when same or similar "Made in the United States" products are available at same or lower pricing; now, therefore, be it RESOLVED, By the National Executive Committee Meeting of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion support any legislation that mandates that the Secretary of the Department of Veterans Affairs adopt and enforce a "Buy American" policy under the Veterans First Contracting program at the Department of Veterans Affairs.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This has the approval of your National Economic Commission, your Subcommittee on Resolutions, and I so move for its approval. ...Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and a second. Any questions? All in favor say aye. All opposed. Motion carried.

Resolution No. 21: Support Veterans Housing Repair and Modification Pilot Program Origin: Economic Commission Submitted by: Economic Commission WHEREAS, The American Legion is a national organization of veterans who have dedicated themselves to the service of the community, state and nation; and WHEREAS, Of America's 21 million veterans, 6 million are disabled and 1.5 million are at-risk of homelessness; and Proceedings of Wednesday, October 17, 2012 67 WHEREAS, For veterans returning home with severe injuries such as amputation or traumatic brain injury, readjustment and reintegration can be hampered by the lack of a wheelchair ramp or the ability to take a shower; and WHEREAS, This situation is partially addressed through the Specially Adaptive Housing program administered by the Department of Veterans Affairs, and this program provides grants to eligible disabled veterans and service members for housing adaptations due to disability; and WHEREAS, The Specially Adaptive Housing Program does not fully address the urgent need to help those who have honorably served this nation; and WHEREAS, A pilot program that serves veterans who are low-income or disabled and who own their homes or are living in the owner-occupied home of a family member would be extremely beneficial; and WHEREAS, The pilot program would include simple repairs to help keep veterans safe and healthy and out of more costly healthcare facilities; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion support the creation of a veterans housing pilot program for home rehabilitation and modification to augment programs like the Specially Adaptive Housing Program, to allow veterans service organizations and housing nonprofits to combine their resources with other federal funding by applying for grants through the Department of Housing and Urban Development.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This has the approval of your National Economic Commission, your Subcommittee on Resolutions, and I so move for its approval. ...Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and a second. Any questions? All in favor say aye. All opposed. Motion carried.

Resolution No. 22: Support Federal Legislation That Protects the Employment of Veterans in U.S. Postal Service Mail Processing Facilities that are Slated for Closure Origin: Economic Commission Submitted by: Economic Commission WHEREAS, As one of the largest employers of veterans and disabled veterans, approximately 25 percent of the 590,000 men and women employed by the U.S. Postal Service are veterans; and WHEREAS, The Postal Service intends to reduce its service standards that guarantee the delivery of First Class mail within 1-3 days; and WHEREAS, The reduction of delivery standards will degrade mail transit time for critical veterans' healthcare and/or claims documentation, many of which are required to arrive in designated Veterans Affairs Regional Offices with 'date-certain' deadlines; and WHEREAS, The reduction of delivery standards will permit the Postal Service to dramatically reduce its mail processing network in order to dramatically cut costs; and WHEREAS, The widespread closure of mail processing facilities will threaten approximately 35,000 postal employees, including large numbers of veterans and disabled veterans; and WHEREAS, Federal employment veterans' preference protections are inapplicable when a federal facility is closed; and WHEREAS, Federal veterans' preference protections will be upheld when mail processing facilities alternatively are downsized, but not closed; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana on October 17-18, 2012, That 68 Proceedings of Wednesday, October 17, 2012 The American Legion urge Congress to support legislation requiring the U.S. Postal Service to preserve current service standards guaranteeing the delivery of First Class mail within 1-3 days, preserving quick mail transit times for the Department of Veterans Affairs claims documentation and/or medications; and, be it finally RESOLVED, That The American Legion urge Congress to support legislation that limits closures of mail processing facilities, while protecting veterans employment within the U.S. Postal Service.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This has the approval of your National Economic Commission, your Subcommittee on Resolutions, and I so move for its approval. ...Second. NATIONAL COMMANDER KOUTZ: We have a motion and it's been seconded. Any questions? RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, may I just briefly? As being a retired member of the U.S. Postal Service, I can heartily agree with this. I know the mail service gets bad shots, but you need to contact your congressman and your people, that you don't want these mail processing facilities closed because it will delay and a lot of veterans rely on the Postal Service for delivering their medication and stuff like that. So it's our obligation if we pass this resolution, that we go back and make sure our new congressmen elected in November that they do not go forward with some of these recommendations. NATIONAL COMMANDER KOUTZ: Any other questions? All in favor say aye. All opposed. Motion carried.

Resolution No. 23: Improve Transition Assistance Program Origin: Resolution No. 51 (TX) 2012 National Convention Submitted by: Economic Commission WHEREAS, The goal of the Transition Assistance Program (TAP) is to ease the adjustment of separating service members during the difficult transition from active-duty into civilian life by offering job search assistance, medical/health services, the advising of available benefits, and other related counseling; and WHEREAS, TAP pre-separation counseling was not always integrated into the Military Separation process for service members, and not all military bases allowed nationally accredited service organizations to participate in the pre-separation or TAP briefings; and WHEREAS, The Veterans Opportunity to Work (VOW) to Hire Heroes Act mandated TAP participation in 2011 thanks to advocacy from The American Legion in response to Government Accountability Reports emphasizing the need for all eligible service members to attend TAP prior to discharge; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion request that the Department of Defense expand and standardize their existing pre-separation counseling policies to ensure that separating service members receive information regarding federal and private sector employment opportunities, GI Bill and vocational rehabilitation and employment programs; and, be it finally RESOLVED, That The American Legion urge Congress to require that the Department of Labor thoroughly review the new Transition Assistance Program for maximum effectiveness in helping servicemembers transition to civilian life and find gainful employment, while encouraging cooperation and inclusion of nationally accredited service organizations in their program. Proceedings of Wednesday, October 17, 2012 69 RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This has the approval of your National Economic Commission, your Subcommittee on Resolutions, and I so move for its approval. ...Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and a second. Any questions? All in favor say aye. All opposed. Motion carried.

Resolution No. 24: Federal and State Incentives for Employers to use Veterans' Preference Origin: Register Resolution No. 2676 (PA) DEC Submitted by: Economic Commission WHEREAS, America's men and women returning home from military service are encountering financial challenges, which includes a weakened economy, high unemployment, and a lack of affordable housing; and WHEREAS, Many companies are receiving state and federal grants and subsidies to build their businesses; and WHEREAS, There must be more incentives for companies to hire veterans; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion support any legislation that would give state and federal grants to employers who utilize veterans' preference within their hiring practices.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This has the approval of your National Economic Commission, your Subcommittee on Resolutions, and I so move for its approval. ...Second. NATIONAL COMMANDER KOUTZ: We have a motion and a second. Any questions? All in favor say aye. All opposed. Motion carried.

Resolution No. 25: Rescinding of National Economic Commission Non-Legislative Resolutions Origin: Economic Commission Submitted by: Economic Commission WHEREAS, The National Commission on Economic reviewed its resolutions in accordance with the suggested review practices recommended by the National Conventions and the 1961 Report of the Program Study Committee by the National Executive Committee; and WHEREAS, This review took place during the Economic Commission meeting held October 15, 2012, in Indianapolis, Indiana; and WHEREAS, This study has found that 210 resolutions should be rescinded because they have been superseded, accomplished and/or are obsolete; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That the following resolutions are rescinded for the reasons indicated below.

No. Year Meeting Title (Brief) Reason 4 1919 Natl Conv American Legion Organization to Employ Ex- Obsolete service Men and Women 30 1939 NEC Nov Chairman of National Employment Committee Obsolete and the Director of Employment be directed to attend next Convention at Boston 33 1939 NEC Nov Continuation of Employment Conferences Obsolete 237 1939 Natl Conv Unemployment shall be adopted as order of Business Obsolete at All Post Meetings 70 Proceedings of Wednesday, October 17, 2012 279 1939 Natl Conv Legion Sponsor Conference of experts to develop Obsolete Program of Employment 23 1941 NEC Nov Employment Resolutions Obsolete 37 1942 NEC Apr Change in Committee Name Obsolete 39 1942 NEC Apr Elimination of Discrimination Obsolete 37 1943 NEC Nov Veterans' Employment Representative Obsolete 228 1943 Natl Conv Veterans' Employment Service to retained as a Obsolete Distinct Entity 34 1943 NEC Apr Veterans of World War I be placed in our Obsolete Government Industrial Plants 31 1944 NEC Nov Subsequent Injury Fund Law Obsolete 34 1944 NEC Nov National Employment Conference Obsolete 709 1944 Natl Conv National Employment Program of The American Obsolete Legion 3 1944 Pre Conv Commending Labor for adhering to "No Strike" Obsolete Pledge 15 1944 NEC Apr Adequate Employment to carry Programs into Effect Obsolete 16 1944 NEC Apr Commending Bruce Stubblefield Obsolete 32 1944 NEC Apr Meetings of the National Labor Relations Committee Obsolete 55 1945 NEC Nov American Jewish Committee Donation of $25.00 to Obsolete Conduct a contest on Employment Problems 56 1945 NEC Nov Conference of Department Employment Chairman Obsolete 84 1945 Natl Conv Industry and Labor be Liberal in giving preference Obsolete to veterans 657 1945 Natl Conv American Labor and Management Conference Obsolete 39 1945 NEC July Film Portraying proper placement of physically Obsolete Disabled Veterans 40 1945 NEC July Radio Program depicting proper placement of Obsolete physically Disabled Veteran 41 1946 NEC Nov Right to Employment Obsolete 862 1946 Natl Conv National Employment Program Obsolete 42 1947 NEC Nov Citations to Employers Employing Disabled Veterans Obsolete 45 1947 NEC Nov Sale of Government War Housing Obsolete 46 1947 NEC Nov Revision of Building Codes Obsolete 62 1947 NEC Nov American Federation of Labor stand on Communism Obsolete 174 1947 Natl Conv Oppose Laying off of Qualified Veterans in Naval Obsolete Yards 479 1947 Natl Conv Recommend Rochester or similar plan to alleviate Obsolete Housing Shortage 768 1947 Natl Conv VHA and VA agree on Appraisal Policies Obsolete 827 1947 Natl Conv National Employment Conference in 1948 Obsolete 866 1947 Natl Conv Conference of Building Industry and Veterans Obsolete be sponsored 4 1947 PRE Conv Employment Conditions Obsolete 41 1947 NEC Fall Reemployment Rights in Universal Military Obsolete Training Legislation 70 1947 NEC July Citation to Mr J M Eaton and the American Mutual Obsolete Alliance 75 1947 NEC July Authorize a National Advisory Committee for Obsolete Community Development 76 1947 NEC July Program of Community Development Obsolete 439 1948 Natl Conv Citation to Honorable Arthur Flemming Obsolete 329 1948 Natl Conv Indict Violators of Veterans Housing Laws Obsolete 429 1948 Natl Conv Reduction in Force Regulations of Civil Service Obsolete Commission 475 1948 Natl Conv Restrictive Building Codes of Municipalities must Obsolete be changed 761 1948 Natl Conv Economic Commission to Hold Nine Regional Obsolete Proceedings of Wednesday, October 17, 2012 71 Conferences 762 1948 Natl Conv Citations to Employers of Physically Handicapped Obsolete 763 1948 Natl Conv Investigate Apprenticeship Limitations as Obsolete Established by VA 770 1948 Natl Conv National Housing Committee to study various Obsolete Housing Plan 69 1948 NEC May Veterans' Homestead Act Provisions be Incorporated Obsolete in the TEW Bill 72 1948 NEC May Oppose Increase of the 4% Interest Rate of Obsolete Government Insured Loans 79 1948 NEC May Recommend State of Washington Plan for Job Obsolete Replacement 80 1948 NEC May Funds for Continuance of Adequate Veterans' Obsolete Administration 82 1948 NEC May Amend Selective Service Bill Providing for Veterans Obsolete Reemployment 84 1948 NEC May Reappoint Advisory Committee to the National Obsolete Employment Committee 87 1948 NEC May Support Bill on Promotions of Field Postal Service Obsolete Employees on Military Furlough 115 1949 Natl Conv Study Situation of Rent Control Obsolete 393 1949 Natl Conv Restriction of Age Limit in Apprenticeship Training Obsolete 395 1949 Natl Conv Anti-Disability and Anti-Discrimination for Veterans Obsolete in all Government and Procurement Contracts 634 1949 Natl Conv Reaffirm Community Development Program Obsolete 650 1949 Natl Conv Federal Housing Administration and Federal Obsolete Reserve Suggestions 30 1949 NEC Apr Federal Government Efficiency Rating Systems Obsolete 36 1949 NEC Apr Delay in Subsistence Allowances 40 1949 NEC Apr Importations from Czechoslovakia Particularly Obsolete in the Rubber and Shoe Industries 31 1950 Natl Conv Definite Service Programs for Agricultural and Obsolete Conservation Committee 60 1950 Natl Conv Work Classifications of Displaced Persons Obsolete 111 1950 Natl Conv Economic Sanctions Against Trade with Russia Obsolete 296 1950 Natl Conv Urge Priority in the use of Builders for Homes Obsolete 297 1950 Natl Conv Faulty Construction of G.I. Home Obsolete 668 1950 Natl Conv Condemn All Hoarding, Especially Building Supplies Obsolete 58 1950 NEC May Approve Extension of Rent Control Bills Obsolete 59 1950 NEC May Commendation to Texas Employment Commission Obsolete 60 1950 NEC May Convention Committee on Economics Obsolete 53 1951 Natl Conv Soil and Water conservation Program Obsolete 117 1951 Natl Conv National Committee on Agriculture and Obsolete Conservation Program 119 1951 Natl Conv Condemn Job Selling to Veterans in any Form Obsolete 582 1951 Natl Conv Elimination of Excessive Costs in Building Codes Obsolete 13 1951 NEC May Sufficient Funds be Allocated to United States Civil Obsolete Service Commission 18 1951 NEC May Veterans' Preference in all Federal Government Superseded Positions 19 1951 NEC May Employment of Veterans in Defense Connected Obsolete Industries 20 1951 NEC May Employment of Personnel of National Organization Obsolete of The American Legion 21 1951 NEC May The American Legion Program on Agriculture and Obsolete Conservation 22 1951 NEC May Certificates of Reasonable Value Obsolete 23 1951 NEC May Regulation X Obsolete 72 Proceedings of Wednesday, October 17, 2012 49 1952 Natl Conv Provisions of Regulation X Be Relaxed Obsolete 248 1952 Natl Conv Commend National Legislative Commission for Obsolete Defeating Bill to Destroy Veterans' Preference 249 1952 Natl Conv Endorse "Know Your Government" Campaign to Obsolete Enlighten Public About Federal Employees 332 1952 Natl Conv Creation of Advisory Committee to Counsel with Obsolete Loan Guaranty Officer of Veterans Administration to Insure supply of home mortgage funds 418 1952 Natl Conv Attorney for G.I. Loans Obsolete 584 1952 Natl Conv Surrender of Guaranty by Lenders Holding G.I. Loans Obsolete 586 1952 Natl Conv Authorize Funds for Regular Meetings of the Obsolete Agriculture and Conservation Committee 588 1952 Natl Conv Judge Advocate Act as Friend of the Court in Cases Obsolete Involving Separations of Veterans under Guise of Government Reorganization 589 1952 Natl Conv Funds for National Economic Commission to hold Obsolete three Regional Economic Conferences this Next Year 591 1952 Natl Conv Judge Advocate to Act as Friend of the Court in the Obsolete Case of Ford Motor Company VS. Huffman (RE-Employment Rights) 594 1952 Natl Conv Nation-Wide Contest for Suitable Slogan for Obsolete Employment of the Physically Handicapped and Older Worker 628 1952 Natl Conv Endorse Principles of Soil Conservation Districts Obsolete 3 1952 NEC May Employment for Veterans Over 45 Obsolete 4 1952 NEC May Tulelake Area Be Open to Homestead Entry Obsolete 5 1952 NEC May Stop Infestation of Spruce Beetles to Conserve Obsolete Timber Resources 7 1952 NEC May Mills Resettlement Project Land be Opened to Obsolete Homestead Entry for Veterans 8 1952 NEC May Extend for Ten Years the Law giving Veterans Certain Obsolete Benefits in Connection with the United States Public Lands 9 1952 NEC May Direct Loan Program be Extended to June 30, 1957 Obsolete 11 1952 NEC May Readjustment Allowance Benefits for those serving Obsolete During Present Emergency 12 1952 NEC May Amend Public Law 346 to include Veterans of Korean Obsolete Action 13 1952 NEC May Civil Service Preference for those in Armed Services Obsolete after April 28, 1952 61 1953 Natl Conv NEC Authorize and Provide Funds for Meetings of the Obsolete Agriculture and Conservation Committee 225 1953 Natl Conv Oppose Legislative Riders to Appropriations Bills Obsolete to Permit Dismissal of Government Employee without Civil Service Protection and the Provisions of Veterans' Preference Act 306 1953 Natl Conv Provisions of Section 3.102 of the United States Civil Obsolete Service Rules be put into Operation Again 411 1953 Natl Conv Proposed Changes in the Administration and Obsolete Operation Of the GI Home Loan Program 500 1953 Natl Conv Educational Requirements for Vocational Counselors Obsolete 598 1953 Natl Conv Community Development Program be Reactivated Obsolete and Revitalized 600 1953 Natl Conv Activities of the National Economic Commission be Obsolete Given More Emphasis and an Adequate Budget Provided 13 1953 NEC May Retention of Veterans Preference in Reorganization Obsolete And Re-Classification 14 1953 NEC May Violations of the Veterans' Preference Act of 1944 Proceedings of Wednesday, October 17, 2012 73 16 1953 NEC May Members of Armed Forces used in Lieu of Civilian Obsolete Personnel as Provided in Table of Organization 22 1954 NEC May Court Action involving violations of the Veterans' Obsolete Preference Act 23 1954 NEC May Handicapped Employees in Federal Civil Service Obsolete 25 1954 NEC May No Additional Retention Credits be given for Obsolete "Outstanding" Performance Ratings 6 1954 NEC May Legal Authority of United States Civil Service Obsolete Commission In Court Actions 27 1954 NEC May Civil Service Commission Review the Matter of Obsolete Competitive Levels 36 1954 NEC May Oppose Transfer of the G.I. Home Loan Program Obsolete 38 1954 NEC May Protection of Home from Bankruptcy of Builder or Obsolete Developing Company 42 1954 NEC May Agriculture and Conservation Program Obsolete 44 1954 NEC May National Economic Commission's Program Obsolete 46 1954 NEC May Boulder Canyon Project Act to include Veterans of Obsolete Korean Conflict 16 1955 Natl Conv Oppose any Abridgement of Veterans' Preference Obsolete Rights As the Leasing of Government Farmland 160 1955 Natl Conv Actively Support the Urban Renewal Program Obsolete 247 1955 Natl Conv Veterans Administration take strict measures to Obsolete Prevent Shoddy Construction of GI Homes 286 1955 Natl Conv Endorse Activities of Farmers Home Administration Obsolete 469 1955 Natl Conv Increase Maximum amounts of VA Direct Loans in Obsolete Alaska To $20,000 563 1955 Natl Conv The American Legion assist in Court Fight of Myers Obsolete Vs Stassen for Veterans' Preference 596 1955 Natl Conv Revitalize Employment Program at National Obsolete Departmental, and Post Levels 600 1955 Natl Conv Protection of Veterans Returning to Pre-Service Obsolete Positions as to Rights of Promotion ETC. 603 1955 Natl Conv National Judge to Advocate Participate in Court Cases Obsolete Involving Violations of Veterans' Preference 605 1955 Natl Conv Community Acceptability in Position of Rural Mail Obsolete Carrier 608 1955 Natl Conv Statement of Objectives and Procedure of the Obsolete Committee On Agriculture and Conservation 10 1956 NEC Oct Preference in Government Work for Veterans living in Obsolete France 15 1956 Natl Conv Orders for opening for temporary Postal Employees Obsolete and for Christmas Assistants in Postal Service be placed with State Employment Services 247 1956 Natl Conv Condemn Practice of Abolishing Positions held by Obsolete Veterans and Re-Establishing same under other Guises 16 1957 NEC Nov Seek Legislation Amending the Mutual Security Act Obsolete of 1952 27 1957 Natl Conv Law Be Amended to allow Widow of a Veteran to rent Obsolete an Apartment in Federal Housing Projects 48 1957 Natl Conv Revise Federal Civil Service Employment Regulations Obsolete To include Mentally Ill Rehabilitated Veterans 107 1957 Natl Conv National Association of Veterans Employment Council Obsolete (NAVEC) 120 1957 Natl Conv Oppose PL 836 (Public Law) as it Circumvents Obsolete Veterans' Preference 229 1957 Natl Conv Protect the Civil Service Rights of Veterans under Obsolete Veterans' Preference Clause of Federal Civil Service Act 243 1957 Natl Conv Oppose Elimination by Title II of HR 3350 and S 932 Obsolete 74 Proceedings of Wednesday, October 17, 2012 (Regarding) Rights now Possessed by Hearing Examiners 293 1957 Natl Conv Corrective Action be taken to Remedy Laxness of Obsolete Postmaster Hiring Veterans as Auxiliary Help during the Christmas Rush 396 1957 Natl Conv National Citation be Presented to Pan American World Obsolete Airways for Program of the Physically Handicapped 439 1957 Natl Conv Oppose Recruitment of Personnel through Private Obsolete Employment Agencies 607 1957 Natl Conv Amend HR 6476 (House Representatives) Pertaining to Obsolete Corrective Action taken by an Administrative Officer 608 1957 Natl Conv Civil Service Commission establish an amended system Obsolete Of appeals for veterans 17 1958 NEC Oct Union-Management Consultations for Veterans Obsolete Organization 59 1958 Natl Conv US Department of Agriculture to strengthen work Obsolete of Soil Conservation Service 199 1958 Natl Conv Comment the United States Civil Service System Obsolete 298 1958 Natl Conv Employment of Veterans 575 1958 Natl Conv Commendation for assistance in finding Employment Obsolete for Veterans 621 1958 Natl Conv GI Home Loan Program be Publicized Obsolete 622 1958 Natl Conv Incorporate into all Building Codes an American Obsolete Standard for Residential Construction 631 1958 Natl Conv Employment of Veterans in Post Office during Obsolete Christmas Season 1 1958 NEC May Postmasters Remedy Laxness in Hiring Veterans Obsolete during The Christmas Rush Season 14 1958 NEC May Re-Filing of Brief Relative to Veterans' Preference Act Obsolete (White versus Gates and Brucker Case) 27 1958 NEC May Appointment of Postmasters of First, Second, and Obsolete Third Class Post Offices be made by Postmaster General under Civil Service Laws 29 1959 NEC Oct File Amicus Curiae Brief Supporting Intent of Obsolete Veterans' Preference Case 590 1959 Natl Conv Expedite Eligibility Determinations on Veterans Obsolete Claims for Unemployment Compensation 624 1959 Natl Conv Memorial to Gilbert Bates Obsolete 2 1959 NEC May Stream Pollution Control Obsolete 487 1961 Natl Conv Employment of Americans without Age Discrimination Obsolete 543 1961 Natl Conv Urging Fullest Utilization of Department and Post Obsolete Employment Officers 19 1969 NEC Oct Employers of the Year Award for Hiring Veterans Superseded 146 1990 Natl Conv Publicizing Non Competitive Appointment of Eligible Obsolete Veterans 22 1994 NEC Oct Support Free, Fair and Open Competition in High Obsolete Technology Marketplaces 104 1994 Natl Conv Veterans' Preference and Spouse Preference in Obsolete Department of Defense Jobs 1 1996 PRE Sept. Job Training Partnership Grant Contract Obsolete 2 1996 NEC May Participation in Veterans Organizations Homeless Obsolete Council 116 1997 Natl Conv United States Savings Bond Program Obsolete 8 1998 NEC Oct Urging the Fullest Utilization of Department and Obsolete Employment Officers 234 1998 Natl Conv United States Saving Bonds Program Obsolete 2 1998 NEC May Support for Decennial Census in the Year 2000 Obsolete 4 1998 NEC May Support for Veterans Mean Business Pilot Project Obsolete 123 1999 Natl Conv Job Protection for Service Connected Veterans Superseded Proceedings of Wednesday, October 17, 2012 75 Requiring Visits at VA Facilities 42 1999 NEC May Hire Quality Obsolete 2 2000 PRE Conv Veterans' Preference Legal Action Obsolete 31 2001 Natl Conv Support Revision of Veterans' Employment and Superseded Training Service Performance Standards 35 2001 Natl Conv Home Loan Guaranty Program Superseded 164 2001 Natl Conv National Employment Service Award Recipients Superseded National Employment Award Recipient 20 2002 NEC Oct Disabled Veterans be Identified as a Veterans' Obsolete Preference Category in Affirmative Action Programs 23 2002 NEC May National Employment Service Award Recipients Superseded 31 2004 Natl Conv Provide Payment of Death Benefit if Montgomery Obsolete GI Bill is not Used 36 2004 Natl Conv Qualified Veterans' Mortgage Bonds Obsolete 42 2004 Natl Conv Reaffirm Support for the Transitional Assistance Superseded Program 44 2004 Natl Conv Support Improvement of Veterans' Employment Superseded and Training Service 52 2004 Natl Conv Hire a Veteran Week 69 2004 Natl Conv Delimiting Date for Using the GI Bill Superseded 131 2004 Natl Conv Support Preference for Veteran Owned Business Superseded 140 2004 Natl Conv Support the Small Business Loan Program in VA Superseded 289 2004 Natl Conv Support Improvements of Veterans' Employment Superseded And Training Service (VETS) Performance Standards 303 2004 Natl Conv Veterans Small Business Opportunities Superseded 360 2004 Natl Conv Veterans Hiring Preference from Employers with Superseded Federal Contracts or Grants 4 2004 NEC May Applaud the Local Veterans Employment Obsolete Representative Program on its 60th Anniversary 15 2005 NEC May Veterans' Small Business Opportunities 201 2006 Natl Conv Support improvements in the Reporting Programs Superseded Of the Veterans' Employment and Training Service 25 2008 NEC Oct Support Revision of Veterans' Employment and Superseded Training Service (VETS) Performance Standards 223 2008 Natl Conv Veterans' Small Business Opportunities Superseded 352 2008 Natl Conv Amend Federal Student Financial and Means Test Obsolete for Veterans 356 2008 Natl Conv Support Improvements to Veterans Employment Superseded and Training Service (VETS) Training Standards 363 2008 Natl Conv Capital for Service-Disabled Veterans and Reservists Superseded 26 2009 Natl Conv Veterans' Preference for Housing in Department of Superseded Housing and Urban Development 73 2009 Natl Conv Full Funding and Staffing for the Veterans' Superseded Employment and Training Service and its Programs 17 2010 NEC Oct Support Funding for Additional Housing for Superseded Homeless Veterans with Families 18 2010 NEC Oct Reauthorize and Fund Veterans Affairs Small Superseded Business Loan Program 19 2010 NEC Oct Support Rollover of IRA Accounts without Penalty Superseded or Tax Liability of Permanent and Total 100% Service- Disabled Veteran with Individual Unemployability 20 2010 NEC Oct Support a Veteran-Centric Website for Employment Superseded 21 2010 NEC Oct Support and Strengthen the Servicemembers Civil Superseded Relief Act 22 2010 NEC Oct Support Veterans Hiring Initiative in the Superseded Department of Veterans Affairs 196 2010 Natl Conv Support Revision of Veterans' Employment and Superseded Training Service Performance Standards 76 Proceedings of Wednesday, October 17, 2012 215 2010 Natl Conv Support Staffing Local Veterans' Employment Superseded Representatives As Required by Law 335 2010 Natl Conv Veterans' Employment Initiative Superseded

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This resolution has the approval of your National Economic Commission, and your Subcommittee on Resolutions. I move for its approval. ...Second. NATIONAL COMMANDER KOUTZ: You have heard the motion and it's been seconded. Any questions? All if favor say aye. All opposed. Motion carried. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Attached to this report, Mr. Commander, is Addendum A. I move the action of the National Economic Commission become the action of the National Executive Committee. ...Second. NATIONAL COMMANDER KOUTZ: You heard the motion and we have a second. Any questions? All in favor say aye. All opposed. Motion carried. Thank you very much. I now call on Larry J. Besson, Illinois, Internal Affairs Commission chairman.

Oral Report: Internal Affairs Commission Larry J. Besson, Illinois, Chairman

Good morning. Members of the National Executive Committee, my fellow Legionnaires, ladies and gentlemen. You have my written report on our actions and deliberations. I commend them to your attention. I commend the great work that the SAL has done this past year, all the way from the national level down to the state and down to the local level. It's a great job that this organization does in raising the money that they use for the programs that they support. Another thing, at your desk is a pamphlet on a new program that I want to draw attention to. Leadership, Education And Development training program, or better known as LEAD. We discussed this earlier this week in the Department Commanders and Adjutants Conference. Each of you has this brochure at your desk which explains the program, and we'll take a few minutes to briefly discuss it. LEAD is a one-day eight-hour training session designed to provide professional development training for your posts, districts, department and national members. National staff, subject matter experts, will cover a wide range of topics relevant to the operation of The American Legion National staff travel, lesson plans, handouts, and training material will be provided at no cost to the department. Departments are responsible for identifying and providing the training facility and audiovisual equipment. Any combination of the 21 offered classes may be selected making up eight hours of instruction, and one classroom is needed for each eight-hour session. If departments desire the repeat of a session or a selection of more than eight hours of training, additional classrooms and equipment may be required. Any training can be conducted in conjunction with a current planned department function, such as the fall or spring, district or department conferences or conventions. No social events or social openings are required. They will be strictly a training session. Hopefully, this will be included as part of your department training plan. Mr. Commander and distinguished members of the National Executive Committee, I want to discuss with you today a subject we discussed at our Internal Affairs Commission meeting on Monday. That subject is membership. I think we all agree that membership is a concern. We have seen our membership steadily decline, and none of us have been immune to this. Our departments and posts have been impacted. What are we doing that is not right? There is probably no one in this room who was here when The American Legion first reached that three million mark in 1946, the 3.3 Proceedings of Wednesday, October 17, 2012 77 million to be exact. What a wonderful time that must have been. It was quite a feat, if you think about it. How they were able to do this without the social media, mobile phones, emails, and radio and television campaigns that we have today. They took it personal and asked the folks to join, and gave them a reason to stay. We know that they were involved in more communities throughout this great nation than we are today. They must not have been territorial or unwilling to ask a veteran to be a part of the bigger idea. They must not have cared how many members a post had, and how many posts there were in your community. They knew how to reach out to a fellow "Battle Buddy" in need. If he didn't show up at his post, they went and looked for him. They couldn't have had any barriers in working with all veterans. They shared a single purpose: Making America a better place to live for our veterans. What most of us do not realize, is that over 2,500 posts were started during the push for 3.3 million members. Posts were used as a catalyst by which to grow the organization. Posts where veterans resided – sound familiar? Why can't we grow to 16,000 posts? What is stopping us? I will come back to this point a little later. How can we once again reach the pinnacle of being an organization whose foundation is based on membership of 3.3 million members, and located in most communities where they are? What could we do for our veterans in Washington and our state capitols if we had those 3.3 million members? Let's begin by keeping our approach simple. We need to bring in more members than we lose, and keep the ones that we already have. Sounds simple, doesn't it? But here is the hard part. We as leaders have to be able to influence those around us who want to do the same. Are we up to this challenge? I feel that we have reached a time where we as leaders of The American Legion must make a number of decisions that will have a far-reaching and long-lasting impact on membership. Your Internal Affairs Commission and M&PA Committee believe that it is time to take another hard look at where we want the membership to be in the future. With the data that the national staff has provided, and there is a copy at each of your desks, it shows where our veterans are today, and where we have posts and how many. Yes, you probably can find numbers to disagree with the ones in front of you, but the point is, we have not done the job to the max to give every veteran the same opportunity that we have experienced in this room. We need to provide opportunities to veterans to belong to a post that is located in their community. We need to look at our future and grow this organization for those to come. I know I don't want to be labeled as a member of a dying organization. Our challenge, in a nutshell, is to reverse a trend. Stop the membership slide and design a long-term plan at all levels to get us there. By no means do we want you to leave this room feeling defeated and believing our organization is in such a state that we can't recover from years of decline. We are still an organization to be reckoned with, and the support of such programs as Operation Comfort Warriors, Legacy Scholarship and our youth programs are proof of that. I want us to see what we discuss this morning as a launching pad to do better. As you know, hope is not a method. We need to do something and we need to do it now. Considering the serious losses endured by many other organizations. We have done plenty well as an organization and we have done a lot of things right. However, our membership has not fared to our potential. Since 1994 our membership has been on a downward trend, and we have to reverse it. That will require some work on our part, but it can be done. Seven years ago, Past National Commander Spanogle delivered a presentation to the entire leadership. During those meetings in his message, Bob pointed out that if we didn't change things, it would be crazy to expect better results. Even though the briefing focused on the DMS program, his remarks covered all aspects of membership. He stated we would find ourselves in five 78 Proceedings of Wednesday, October 17, 2012 years with a membership number of 2.5 million. Well, that membership seven years later is 2.4 million. A shrinking number affects things. Fewer members; less activities. Less new membership; less new ideas, fewer volunteers, and the list goes on. As we get closer to celebrating the 100 year anniversary, let us know not to forget the things that got us here. A strong membership base and active posts in the local community that were designed to improve the quality of life for America's veterans, their families and their communities. As veterans, we know better than anyone the importance and value of service. Let us be willing to show others what this means. As leaders, we must dream great dreams and imagine the future of the great organization then brings it back into the plans in such a way that our members can understand. We must be able to draw strength from the fact that others have succeeded where we have succeeded. Everyone in the room is here because of the success of others. And we in turn must develop our successors. Change is hard work. Leading change means doing two jobs at once: Getting the organization through today, and getting the organization into tomorrow. Most of our members will be slow to understand the need for change. Most would prefer the future to look like today. To make the change needed across the organization in membership requires a very personal and very hands-on approach; taking a direct action and building the confidence necessary for leaders at all the levels to let go of the way we are doing business today and move into the future. It will require telling some large posts in a community that we are going in and establishing more posts in that community because the veteran population will support it. It will require taking headquarters post members and building posts. We will shake the foundations of some, and lift the spirits of others. We need to break down the walls, the floors and the ceilings and examine every community where we can better serve our veterans, their families, by creating a new post. Let's be open to new ideas. Let's serve as mentors for others. Let's build posts in every community where one is needed. Let's continue to remind ourselves that a veteran is a veteran. These are all things that were pointed out to us in October 1997 through a document known as the Blueprint for the 21st Century. I like to call it a tool for success. This document spells out very clearly what is required to continue to be successful in the 21st century. Your Internal Affairs Commission reviewed the report again, along with the supporting resolutions. We are recommending that we approve these six resolutions again, with minor wording changes, because they truly set a blueprint for the future. One highlight in particular in the document was the need to build posts. This area of building posts had such an impact on one department and one person that he immediately returned to the department, conducted training and put into place a team to oversee doing nothing but revitalizing and building posts across his state. I feel it would be better to hear from the man himself on how important this area of building membership was from the department. Mr. Commander, I would like to call upon Al Ford from Michigan to the podium for a few remarks. NATIONAL COMMANDER KOUTZ: Permission granted. LEGIONNAIRE FORD (MI): Thank you Chairman Besson. Commander Koutz, past national commanders, members of the NEC and guests, it's good to be here in our National Headquarters again. And thanks for allowing me a few moments to talk about our great organization, and especially about membership and post development. It wasn't that many years ago that I sat in this room as the NECman from Michigan and heard then the past national commander from Minnesota, Dan Ludwig, give a report from the 21st Century Committee findings. One of the things that he said in his report jumped right out at me, and it was: If we are going to survive and grow in the 21st century, we will need to have an American Legion post in every community that has a high school and population large enough to Proceedings of Wednesday, October 17, 2012 79 support a Legion post. Let me repeat that, because I think it's important. He said if we are going to survive and grow in the 21st century, we will need to have an American Legion post in every community that has a high school and population large enough to support a Legion post. I thought wow, what an ambitious goal. Because I knew in Michigan we had six hundred plus high schools and only a little over 300 Legion posts. And on the way back to Michigan, my department commander, John Mella and I were discussing the meetings that took place, and he asked me if I would look into forming a new committee to investigate forming new posts and help to revitalize existing posts that were having problems in membership. Being recently retired at that time, I had some extra time so I agreed to try. A new committee was formed and we called it the New Post/Post Revitalization Committee. And it was an immediate success. That first year we formed and/or revitalized 20 Legion posts. Through the years in Michigan, the post development program has had some bumps in the road, most of them caused by petty Legion politics, but overall this program has been very good for Michigan. Since this committee was formed, we have started new and/or revitalized 117 posts. The latest new post, a little over a week ago, we set up a recruiting drive in the community of Highland Park, a suburb of Detroit, actually looks like a war zone, and signed up 63 veterans to form a new post. And since I left there a week ago Saturday, those folks have continued to do recruiting and have signed up fifty-one more. Talking to them a couple days ago they told me that they needed more application forms. Their goal is to have three hundred new members by the first of the year. (Applause) The next new post in Michigan will happen in a couple of weeks, on November 3, and the list goes on. At the beginning of each Legion year, in July, I take a survey of all the posts in our department and highlight the ones that appear to be having problems in membership. At that time I also do a survey of all the communities in our state that do not have Legion posts. And I send this information out to our new department executive committee (DEC), the commander and the district commanders and the membership directors and all those folks, and suggest to them that we give these struggling posts our immediate attention and offer them our help. This past July my survey showed that we had 70 existing posts that were struggling to get their membership in, and we had 30 communities in our state that should have a new American Legion post. And folks, in there lays the problem. I sent this result of this survey to all our 16 district commanders, and 16 alternate commanders, and I only had four folks that responded out of thirty-two. I don't think we as leaders of this great organization are getting the message across to our districts, that membership is the most important job or part of their job. Some way we have to get this message across. A few moments ago I told you since this committee was formed in Michigan, we formed or revitalized 117 posts. That's a true statement. What I didn't tell you is, that 24 of those posts have since had to turn in their charters and disband. I think the majority of those posts that failed, could have been saved if the district commanders would do a better job monitoring and offering help where needed. The largest cities in our state, and I think perhaps in your states, also has the biggest potential for growth. Cities in Michigan like Detroit and Warren and Flint and Lansing, we have neglected way too long. We need to go back in those cities and inspire those existing posts in those cities to expand their membership, and if they do not want to expand, we should go in and form a new post. I know in Detroit, not many years ago, we had 23,000 Legionnaires. They were in four districts in Detroit and 46 posts. Today, they have a little over 700 Legionnaires, not 23,000. We have only one district. We folded up three of them. And we have only 16 posts, not 46. Where did all those Legionnaires go and all those veterans go? Some of them died, but the vast majority of them are still there. We have less than one percent of 80 Proceedings of Wednesday, October 17, 2012 the eligible veterans in that city belonging to The American Legion, and I do believe this is the same story in most larger cities. If your departments do not have a Post Development Committee in place, you need to go home and encourage them to start one right now. I found in our department that one of the biggest sources that I have for folks that are ready to volunteer to help in post development, are past department commanders. In Michigan, they step up to the plate whenever I give them a call and they are really an asset to the Post Development Committee, and I think that all departments should lean on their past department commanders to give them help in post development. Our national M&PA team is ready and more than willing to help and get you started down the road to future growth, and folks, the price is right, because there's no charge for their service. One area for potential growth in our departments is the colleges and universities. In the state of Michigan we have over 15,000 student veterans enrolled in these colleges and universities. We should go to those schools and talk to those student vets and offer to do their service work and help them get the VA benefits they were promised. If our service is good enough, they will want to join. Just last year I went to the St. Clare Community College in Port Huron and talked to the student veterans about VA benefits, and told them what The American Legion could do in helping them get their benefits that they were promised. And within the next 30 days of my meeting there with them, went back and we formed American Legion Post 408 in Fort Gratiot of Student Veterans of America. Let's face it, folks, the future of our great organization is enrolled in these colleges and universities today. Let's make sure they get the VA benefits they were promised and they'll be our leaders tomorrow. Legionnaires, if we're going to be a three million member plus organization by our 100th birthday, you've got to go to work right now. Let's go back to our departments and get those post development teams working, and let us all pledge our support to give them a hand. Three million plus members in The American Legion on our 100th Anniversary is not pie in the sky. It is a doable realistic goal. We have more eligible veterans now than we have ever had in the history of our nation. We have 15 million eligible veterans to seek out and ask them to join our organization. That's a pretty good pool of eligible veterans. You need to go to work on it. With all the tools we have available to us today and your sincere desire and commitment, we can achieve that goal. Thanks for listening. God bless you and God bless America. (Applause) INTERNAL AFFAIRS COMMISSION CHAIRMAN BESSON: Thank you, Al. There are many other tools that have been designed and put into place but never used by some and Chairman Rohan will review them in her report that follows me. Let me let you in on a little secret. The problems cannot be solved from within these walls and this building staff and members alone. It will take those of us in this room being and becoming the leaders we need to be, to influence those around us at the department, district, county and post level, to do their part to make this organization grow. At the National Convention I heard in the hallways and in the lobbies how nice it would be that we would attain an all-time high by our 100th Anniversary. It's not pie in the sky. It is possible. I heard the national commander mention it. I was thinking as I was driving back home to Illinois, and I woke up my wife and I said, "They are right. I think we can do this." Right now we have 14,000 posts and 2.4 million members, which is roughly 200 members per post. If we grow by 2,000 posts, like our World War II father's did, we would be able to reach the 3.3 million, just like that. What a legacy we could leave for those that follow. What has to be done to achieve this lofty goal? I reflect on all the tools that we have that our father's didn't have, and that they were lacking. We just need the will of each of us in this room to go to our departments and start the ball rolling. We just can't continue to do business as usual. As I said before, hope is not a method. We need to set goals and Proceedings of Wednesday, October 17, 2012 81 develop plans and achieve them. When membership is declining, The American Legion becomes less effective and less important at all levels. So what do we want to do? Where do we want to go? I say let's go to an all-time high in 2019. Commander and members of the National Executive Committee, thanks for listening, and rest assured your Internal Affairs Commission and the M&PA Committee will do everything in its power to assist and restore our membership. This concludes my report except for our resolutions.

Report: Internal Affairs Commission Larry J. Besson, Illinois, Chairman October 15-16, 2012

Chairman Larry J. Besson (IL), called an assembly of the Internal Affairs Commission to order at 9:00 a.m., October 15, and at 8:30 a.m., October 16, in 314A, National Headquarters, Indianapolis, Indiana. Currently in the National Emergency Fund there is $3.1M. We have given $57,290 in grants this year and received $223,961 in donations so far this year. The 2012 Legion College will be held October 29-November 2, 2012. There are 53 students enrolled plus two staff this year from 35 departments. We discussed Leadership, Education And Development, (L.E.A.D) which is a one day, eight hour training session designed to provide professional development training for posts, districts and department level members. National staff subject matter experts will cover a wide range of topics relevant to the operations of The American Legion. Subject matter experts, any lesson plans, handouts and training materials will be provided at no expense to departments. Departments are responsible for identifying and providing the training facility and audio visual equipment. Any combination of 21 offered classes may be selected, making up eight hours of instruction. One classroom is needed for each eight hour session. If department desires a repeat of sessions or selects more than eight hours training, additional classrooms and equipment may be required. All training can be conducted in conjunction with current planned department functions such as winter, district or department conferences and conventions. No social event or special openings are required. This will be strictly a training session. My report consists of the following sections: Standing Committee Reports; Program and Internal Action Reports; and Actions on Assigned Resolutions.

I. Standing Committee Reports

Membership and Post Activities Committee Fifty-two Departments exceeded the 50% target date on September 12, 2012. The 55% target date is October 17, 2012 and fifty-two Departments have already made this target. Our current National percentage is over 66%. We expect by the 55% target to be better than 70%. Currently 85,000 DMS members have been acquired for the 2013 membership year. The goal for the 2013 membership year is 210,000 members. This group of members will receive their first communication in mid-November. Information in this mailing and e-mail will place an emphasis on transferring to a local post as well as highlight issues and projects in which The American Legion is involved. This will be followed up in the months to come with additional mailings and e-mails. 82 Proceedings of Wednesday, October 17, 2012 Constitution And By-Laws Committee Vincent M. Gaughan (IL), Chairman, Constitution and By-Laws Committee reported that they had no resolutions to come before the Committee. They recommended that a new committee be appointed to upgrade or revise the Godwin Report to more accurately reflect the current state of military operations in the United States Armed Forces.

II. Program Reports

Sons of The American Legion This past year the Sons of The American Legion strengthened their commitment to the Legion Family and achieved positive gains in all areas. They attained an all-time high in membership, for the 38th year in a row. As of October 12, 2012 we have a total reported membership of 350,973 members for 2012. This represents 100.7% of our prior membership. The current membership year, 2013, is starting off strong. We are currently at 64,640, which is 16% of our goal of 400,000. The SAL was the single largest contributor to The American Legion Child Welfare Foundation in 2012 raising $506,264.29. At the National Executive Committee Fall meeting this past weekend over $9,532 was donated to the Foundation. This gives us a total to date of over $90,461, which is 20% of our goal of $450,000. In addition to the CWF donations, the Sons of The American Legion also received $3,575 for other charities. One hundred seventy six (176) National Executive Committeemen, Alternates, Commission and Committee members attended the 2012 Fall National Executive Committee meeting representing forty-eight (48) Detachments. We also had eleven (11) guests, for a total of 187 attendees. The Member Training and Development Committee presented the eighteenth Annual Detachment Commanders' National Instructional Institute. Thirty eight (38) Detachment Commanders attended the Detachment Commanders conference on Saturday, October 13th. They were honored to have the Director of Public Relations, Joe March, address our membership. Director March spoke on the state of Public Relations today and how it is ever changing. Everything you do affects the perception of people. In Public Relations we are separated into three areas: Community Relations, Media Relations and Internal Relations. The Operation Comfort Warrior program was reviewed and was very well received by the members. Overall, the feedback from our attendees was very positive. There were seven resolutions presented to the Internal Affairs and the National Executive Committee for consideration. All seven were recommended for approval. There were six received and recorded for nominating for National Vice Commanders handled by Internal Affairs. The Sons of The American Legion is continuing to strive to assist The American Legion in all aspects. Our dedication to the veterans and their families can only strengthen our bond within the Legion Family. We will continue to insure more productive, in-depth programs so that the Sons of The American Legion will become a stronger asset to The American Legion. The Sons of The American Legion will continue to work for the benefit of our veterans who helped make this country great and for the children who will help make this country even greater. They continue to see increased participation within the Commissions and Committees of our National Executive Committee from which our further growth is ensured. The war on terrorism, which has put our troops in harm's way, has only Proceedings of Wednesday, October 17, 2012 83 strengthened our resolve to ensure the success of the programs of The American Legion Family. At the forty-first National Convention in Indianapolis, Indiana there were 895 registered delegates, six alternates and 73 guests representing 50 Detachments. They received the donations for Legion charities totaling over $59,369 from various Squadrons and Detachments with the highest being $44,778 for the Child Welfare Foundation. One highlight of the Convention was the presentation of our second "Triple Nickel Award". In order to receive this award a Detachment must be over 105% membership, charter five new Squadrons and achieve an 85% renewal rate all by July 1st. The Detachment of Iowa and the Detachment of Wisconsin were the award recipients. Our membership goal for 2013 is 400,000 members. To attain this goal our membership committee has initiated the "Membership Bandwagon" membership campaign. Members who excel in recruiting members will receive special recognition.

III. Resolutions

Internal Affairs Action on Assigned Resolutions

Approved and Forwarded to the Resolutions Subcommittee

Resolution No. 48 (Internal Affairs) Diversity and A Veteran in a Veteran (21st Century) Resolution No. 49 (Internal Affairs) Disenfranchising (21st Century) Resolution No. 50 (Internal Affairs) Training and Education (21st Century) Resolution No. 51 (Internal Affairs) Veteran Outreach Program (21st Century) Resolution No. 52 (Internal Affairs) The American Legion Post Operations (21st Century) Resolution 53 (Internal Affairs) Cooperation with The American Legion Auxiliary and Sons of The American Legion (21st Century) Resolution No. 54 (Internal Affairs) Rescinding of Internal Affairs Resolutions Approved and forwarded to the Finance Commission Resolution No. 1 (Internal Affairs) Theodore Roosevelt, IV, be Appointed Chairman of the American Legion 100th Anniversary Observance Honorary Committee Resolution No. 6 (Internal Affairs) Sons of The American Legion Restricted Account Resolution No. 8 (Internal Affairs) Authorizing Withdrawal from Paid-Up-For Life Membership Trust for Administrative Expenses Resolution No. 9 (Internal Affairs) Authorization for Conducting History Contests Resolution No. 12 (Internal Affairs) Consolidate Heroes to Hometowns Program Into Operation Comfort Warriors

Other Resolutions

Disposition of all other resolutions is addressed in Addendum A.

Conclusion

Thank you for your assistance and for giving us the opportunity to appear before you. Our commission is "Still Serving America." 84 Proceedings of Wednesday, October 17, 2012 Addendum A Report to Subcommittee on Resolutions

The Internal Affairs Commission recommends the indicated action on the listed resolutions, which are presently before this body for disposition.

Rejected

Resolution No. 3 (FR) (2012 Natl. Conv.): Department of France Representative on the 100th Anniversary Observance Committee Resolution No. 6 (AZ) (2012 Natl. Conv.): Additional Names to be Added to the Vietnam Veterans Memorial

Hold for Further Study

Resolution No. 13 (MT) (2012 Natl. Conv.): Establish Cyberspace Joint Ad Hoc Committee Register Resolution No. 2673 (NC) (2012 DC): Replace Quotation on World War II Memorial Register Resolution No. 2666 (UT) (2012 DEC): Recognition of the Sons of The American Legion National Commander and National Vice Commanders Register Resolution NO. 2669 (IN) (2012 DEC): Men's Auxiliary Resolution No. 202 (CT) (2012 Natl. Conv.): Study of Membership Administration Resolution No. 92 (IL) (2011 Natl. Conv.): Include Department Service Officer Website Link on Annual Dues Notice Resolution No.264 (IL) (2010 Natl. Conv.): Department Service Officer Information on Dues Notices

Referred to Membership & Post Activities Committee

Register Resolution No. 2674 (NC) (2012 DC): Amend Resolution 14: "Affirmative Consent for Transfer" National Executive Committee, October 13-14, 2010

Addendum B

Internal Affairs Commission Report to National Executive Committee The American Legion October 13-14, 2012

Disposition of Action of Sons of The American Legion

In compliance with Resolution 21 "entitled", "Establish Procedure for Handling Matters Originating from SAL National Conventions and SAL National Executive Committees", adopted by the National Executive Committee of The American Legion at its meeting April 30-May 1, 1973, this is to report disposition made by the Internal Affairs Commission of SAL actions taken at the National Executive Committee October 17-18, 2012. Proceedings of Wednesday, October 17, 2012 85 Approved

Resolution SAL NEC 1-F12 Background Screening Procedures and Policies for Sons of The American Legion Youth Program Volunteers Resolution SAL NEC 2-F12 Donations from the SAL Reserve Fund (as amended) Resolution SAL NEC 3-F12 Rescinding Non-Legislative Resolutions from the SAL VA&R Commission, Ride to Recovery Program Resolution SAL NEC 6-F12 Creation of Sons Special Ad-hoc Committee on Leadership Development Resolution SAL NEC 7-F12 Support of the Oratorical Program Resolution SAL NEC 8-F12 Establishment of the Sons Public Relations Awards, Snapshots of Service Resolution SAL NEC 9-F12 Support for the Stolen Valor Act (as amended)

Received and Recorded

Resolution SAL NC 1-12 Endorsement of Bradley R. Schroenghamer (NM) for National Vice Commander Resolution SAL NC 1-12 Endorsement of Randall L. Eicher (OH) for National Vice Commander Resolution SAL NC 3-12 Endorsement of Charles R. Keith (WY) for National Vice Commander Resolution SAL NC 4-12 Endorsement of William J. Lloyd (WA) for National Vice Commander Resolution SAL NEC 4-F12 Endorsement of David L. Swafford (UT) for National Vice Commander Resolution SAL NEC 5-F12 Endorsement of Robert L. Turner (CT) for National Vice Commander

No.: SAL Res 1 – Fall 2012 Title: Background Screening Procedures And Policies For Sons of The American Legion Youth Program Volunteers Origin: Internal Affairs Commission WHEREAS, An economic news release by the Bureau of Labor Statistics, U.S. Department of Labor, shows that nearly 26 percent of all volunteer hours worked throughout the United States in 2011 were contributed toward educational or youth- related organizations; and WHEREAS, Youth programs of the Sons of The American Legion rely heavily upon dedicated volunteers willing to contribute time and skills for executing essential functions of the programs; and WHEREAS, The aftermath of recent high-profile allegations of child sexual molestation across the United States has demonstrated the importance for ensuring protection of vulnerable populations; and WHEREAS, Through numerous resolutions over the years The American Legion and Sons of The American Legion has advocated for guarding against child neglect and abuse; and 86 Proceedings of Wednesday, October 17, 2012 WHEREAS, Screening, clearly established polices, instruction, and oversight are all effective elements of volunteer management that can help uphold the integrity and safety of a youth program and mitigate the risk and liability to an organization; and WHEREAS, Resolution 4, approved by the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on May 9-10, 2012, that The American Legion implement procedures that will require background screening of volunteers selected to staff national tournaments of American Legion Baseball, The American Legion Boys Nation, The American Legion National Oratorical Contest, The American Legion National Junior Shooting Competition, and National Boy Scout Jamborees effective in 2013 and that said background screenings be conducted annually prior to the start of each program; and said background screenings only be conducted by the vendor authorized by the National Organization of The American Legion; and WHEREAS, Resolution 12, approved by the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on May 9-10, 2012, strongly encouraged the departments of The American Legion to establish background screening procedures and policies similar to those of the National Organization for volunteers supporting youth programs conducted within their departments; now, therefore, be it RESOLVED, By the National Executive Committee of the Sons of The American Legion in regular meeting assembled in Indianapolis, Indiana, October 13-14, 2012, That background screening procedures and policies be established by the Sons of The American Legion for our Sons support staff to the National American Legion's National Americanism Commission, Children & Youth Commission, and the Child Welfare Foundation Committee be conducted no later than with the execution of each program in 2013 and every year thereafter, and, be it further

No.: SAL Res 1 - Fall 2012 Title: Background Screening Procedures And Policies For Sons of The American Legion Youth Program Volunteers Origin: Internal Affairs Commission RESOLVED, That background screening procedures and policies be established by the Sons of The American Legion which require all appointees to the National Americanism, National Children & Youth Commission, and the National Child Welfare Foundation Committee to complete a favorable screening each year prior to commencing on said Commission/Committee appointment; and be it finally RESOLVED, That Detachments of the Sons of The American Legion are strongly urged and encouraged to establish screening procedures and policies, similar to those of the National Organization for those volunteers supporting youth programs conducted within their departments.

No.: SAL Res 2 – Fall 2012 Title: Donations from the SAL Restricted Account Origin: National Commander Huntzinger WHEREAS, In the 1970's a Sons of The American Legion Liability Account was established as a restricted fund in the event of emergencies such as membership decline, etc., and temporary funds were needed to meet expenses; and WHEREAS, The National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, May 4-5, 2005 by NEC Resolution No. 6 established a ceiling of $500,000 (with a variance of +/- 1.5%) for the Sons of The American Legion Liability Fund Account for each budget year ending in the month of December and be reviewed annually by the Internal Affairs Commission of The Proceedings of Wednesday, October 17, 2012 87 American legion at the spring meetings for adequacy and from a fiscal management viewpoint; and WHEREAS, The Sons of The American Legion Restricted Fund is presently over the variance established; and WHEREAS, By assembly of the National Executive Committee of The Sons of The American Legion held on October 13-14, 2012 in Indianapolis, Indiana do hereby recommend to the Internal Affairs Commission that said funds be distributed from this fund; and RESOLVED, By the National Executive Committee of the Sons of The American Legion, in regular meeting assembled in Indianapolis, Indiana on October 13-14, 2012, That the following funds be disbursed from the SAL Restricted Fund to the charities in the amounts indicated;

Child Welfare Foundation $35,000 Legacy Scholarship Fund $30,000 Operation Comfort Warriors $30,000 National Emergency Fund $30,000

NOTE: Amended by SAL Internal Affairs Subcommittee to replace Fisher House Foundation with Operation Comfort Warriors and all others remain the same.

No.: SAL Res 3 - Fall 2012 Title: Rescinding Non-Legislative Resolutions from the SAL Veterans Affairs and Rehabilitation Commission Origin: Veterans Affairs and Rehabilitation Commission WHEREAS, The Veterans Affairs and Rehabilitation Commission of the Sons of The American Legion has conducted a review of National Executive Committee and National Convention resolutions; now, therefore, be it RESOLVED, By the National Executive Committee of the Sons of The American Legion, in regular meeting assembled in Indianapolis, Indiana on October 13-14, 2012, That the following resolutions be rescinded for being obsolete, accomplishment of purpose, being superseded by later resolutions, being in conflict with later resolutions, being duplicated by later resolutions, having no value because of later changes in program, or other reasons No. Year Meeting Title (brief) Reason 1 2011 Fall Support of American Legion Accomplished Resolution No. 19 (May 6 -7, 2009) the Ride to Recovery Program

No.: SAL Res 6 – Fall 2012 Title: Creation of Special Ad-hoc Committee on Leadership Development Origin: National Convention WHEREAS, The continued success of the Sons of The American Legion depends on the strength of its' leadership; and WHEREAS, The Sons of The American Legion is committed to the development of its' future leaders; and WHEREAS, The Sons of The American Legion exhibit such commitment through the Member Training and Development Committee with the various training programs; and 88 Proceedings of Wednesday, October 17, 2012 WHEREAS, The Sons of The American Legion needs to foster a clear path to meet and exceed the expectations of the parent organization, The American Legion; now therefore let it be RESOLVED, That the Sons of The American Legion in National Executive Committee assembled in Indianapolis, Indiana, October 13 – 14, 2012, that the Sons of The American Legion National Organization create a special ad-hoc committee entitled "Committee on Leadership Development"; and be it further RESOLVED, That the committee will consist of a Chairman, the National Adjutant, the National Judge Advocate and six (6) additional SAL members to be appointed by the National Commander, and that no additional call-ins will be allotted; and be it further RESOLVED, That the committee will begin its work upon the approval of this resolution and exist until their final recommendations are presented to the Commanders Advisory Committee for dissemination to a regularly convened meeting of the National Executive Committee; and be it finally RESOLVED, That the purpose and responsibilities of this committee will be to create a comprehensive plan, which will include, but not be limited to: x Actions required to enhance the processes for development of future leaders at all dimensions of the program. x Creation of a Mission Statement to allow the vision to be sustained and maintained. x Outline 3-5-7 year plans which will enhance the abilities of our leaders to fulfill the obligations we have to our veterans, communities and The American Legion. x Augment, develop and suggest additional training and development programs to support the growth of future leaders. x Examine current processes and programs to provide improvement recommendations which can lead to better continuity for the programs.

No.: SAL Res 7 – Fall 2012 Title: Support of the Oratorical Program Origin: Americanism Commission WHEREAS, The American Legion Oratorical Contest exists to develop deeper knowledge and appreciation for the U.S. Constitution; and WHEREAS, The American Legion Oratorical Contest teaches important leadership qualities and an understanding of the duties, responsibilities, rights and privileges of American citizenship; and WHEREAS, The Sons of The American Legion pledge to uphold and defend the Constitution of The United States; and WHEREAS, The education of our nation's youth is a prime objective of the Sons of The American Legion; and WHEREAS, The American Legion Oratorical Contest offers some of the most generous college scholarships available to high school students which can be used at any college or university in the United States; now, therefore, be it RESOLVED, By the National Executive Committee of the Sons of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2012 that the Sons of The American Legion encourage all Detachments, Districts and Squadrons to take a greater participation in volunteering and promoting The American Legion Oratorical Contest. Proceedings of Wednesday, October 17, 2012 89 No.: SAL Res 8 – Fall 2012 Title: Establishment of the Sons of The American Legion Public Relations Awards Origin: Public Relations Commission WHEREAS, The Sons of The American Legion were formed to carry on the principles of The American Legion; and WHEREAS, The Sons of The American Legion Squadrons, Districts and Detachments carry on the programs of those principles; and WHEREAS, The Sons of The American Legion work to promote the programs and principals during activities and events; therefore, be it RESOLVED, by the National Executive Committee of the Sons of The American Legion in regular meeting assembled in Indianapolis, IN on October 13-14, 2012, that the "Snapshots of Service", a photo contest be established to facilitate public relations for presentations and social media use based on the Four Pillars of our founding organization; and , be it further RESOLVED, That Sons of The American Legion Squadrons encourage member participation in "Snapshots of Service" to show the workmanship and service we provide for towards the programs of the Four Pillars of The American Legion, and, be it further RESOLVED, Plaques will be awarded to the first two place Squadron winners (1st and 2nd) of each area of the Four Pillars; Americanism, VA & R, National Security and Children & Youth; and, be it further RESOLVED, the rules and criteria for judging will be: x Photos must be based on the Four Pillars of the American Legion x Americanism, Veterans Affairs and Rehabilitation, Children & Youth, National Security x Photos must be in a digital jpg or tiff format x Photos to become the property of the Sons of The American Legion x Photos must not have a right of restriction x Photos must contain members of the Sons with their covers or identifiable clothing on during the activity or event and a brief history of the event x Squadrons may submit a maximum of 3 photos per category x Plaques will be awarded the two best entries in each category x Submit your entries to National SAL web master at [email protected] x Contest will run each year from the 1st of August to thirty days prior to national convention x Photos need to be from this time period x Judging x Quality of photo x Best symbolizes the support for the Four Pillars by the Sons of The American Legion x Have Sons of The American Legion member or members in it. x Must be submitted from a Squadron; and, be it finally RESOLVED, that the contest begin at the close of the Fall NEC meeting.

No.: SAL Res 9 – Fall 2012 Title: Support Stolen Valor Act Origin: Legislative Commission WHEREAS, The Stolen Valor Act as amended in 2005, as part of the U.S. Code, stated that making false representation, verbally or in writing, that a person has been awarded decorations or medals for acts of valor in the military service, to be a criminal violation; and 90 Proceedings of Wednesday, October 17, 2012 WHEREAS, The U.S. Supreme Court on June 28, 2012, ruled that the Stolen Valor Act was an unconstitutional abridgement of Free Speech under the First Amendment, and; WHEREAS, Our Parent Organization (The American Legion) adopted Resolution No. 283, Titled "Amend Stolen Valor Act", as part of the 94th Annual Convention, Indianapolis, Indiana. That urged the Congress of The United States, to "amend the Stolen Valor Act, Title 18, Part I, Chapter 33, Section 704, to provide that the elements of fraud be incorporated into previous Stolen Valor legislation such that accomplishes the same goal as the previous legislation and passes Constitutional muster"; and WHEREAS, on September 12, 2012, The Stolen Valor Act legislation overwhelmingly passed in the United States House of Representatives that would make it a crime to profit from lying about military honors; and WHEREAS, "We male descendants" of veterans of all wars, seek to protect the rights and privileges earned by all who have served in the military, especially those who exhibited acts of valor, usually without regard for self, and have be properly awarded decorations or medals for those acts; now therefore be it RESOLVED, By Sons of The American Legion, National Executive Committee assembled in Indianapolis, Indiana, October 13 and 14, 2012, sincerely urge that the United States Senate, work with the United States House of Representatives, to adopt this legislation, that protects the honor of those whose acts of Valor, have been properly recognized, and send it to the President for signature.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, motion to receive and file the report of Internal Affairs Commission, with the exception of seven resolutions. There are two addenda. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All there favor say aye. All opposed. Carried.

Resolution No. 48: Diversity and a Veteran is a Veteran (21st Century) Origin: Internal Affairs Commission Submitted by: Internal Affairs Commission WHEREAS, The National Commander's 21st Century Ad Hoc Committee met and reported to the National Executive Committee, October 15-16, 1997, its findings and recommendations and six resolutions were approved by the National Executive Committee in May 1998; and WHEREAS, The National Commander's 2006 Ad Hoc Committee on Membership Retention, which met July 5 and 6 and July 24 and 25, 2006 recommended all six resolutions be reaffirmed because of their importance on the membership program of The American Legion for the future; and WHEREAS, That Resolution No. 27, dated May 6, 1998, subject as above, was reaffirmed by the 2006 Fall National Executive Committee as Resolution No. 27, dated October 18-19, 2006; and WHEREAS, The American Legion, founded in 1919, as a fraternal veterans' organization based upon firm comradeship born out of war service, and dedication to equitable treatment for all veterans, particularly the disabled, their widows, and their orphans; and WHEREAS, The American Legion affirmed its continued commitment and support to all our comrades, their children, their widows and orphans and the generations to come during the Minneapolis Convention, September 6-8, 1994; and WHEREAS, A veteran is a veteran, regardless of race, religion, gender, creed or age and is eligible to belong to The American Legion as long as he or she meets the prescribed eligibility requirement; and Proceedings of Wednesday, October 17, 2012 91 WHEREAS, American Legion posts are made up of war time veterans from all walks of life, who gave of themselves, sacrificed so much and asked for so little in return to become eligible to be a member of The American Legion; and WHEREAS, It is the responsibility of elected and appointed officials at all levels of The American Legion to ensure that our governing document, the National Constitution and By-Laws is strictly enforced and adhered to; and WHEREAS, By virtue of membership in The American Legion, members are entitled to certain benefits including access to any American Legion post; and WHEREAS, Due to the importance of this resolution in the foundation of our membership plans for the future, Resolution #27 (NEC, October 2006) should be rescinded and replaced by this resolution to keep all six of the original 21st Century resolutions together; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion strongly recommends that every level of The American Legion (departments, districts, counties and posts) review its Constitution and By- Laws and those of superior bodies within the organization to ensure it is in compliance with the rules that govern this organization; and, be it further RESOLVED, That a veteran is a veteran, regardless of race, religion, gender, creed, age, or war era, and is eligible to belong to The American Legion as long as he or she meets the prescribed eligibility requirements; and, be it further RESOLVED, Departments, districts, counties and posts dedicated to the programs of The American Legion are urged not to take unwarranted actions that may lead to barriers that hamper the growth, support of programs and active community involvement that may adversely affect the growth of The American Legion; and, be it further RESOLVED, That we operate with a common focus, derived from cooperation and fraternal relationships developed from working together at all levels of the organization, for the sole intent and purpose of carrying out the duties and responsibilities commonly shared at each level of The American Legion; and, be it finally RESOLVED, That Resolution No. 27, of the National Executive Committee, October, 2006, titled, "Diversity and a Veteran is a Veteran" (21st Century) is hereby superseded and rescinded.

RESOLUTIONS SUBCOMMITTEE MEMBER SCHMIDT: This resolution has the approval of the Internal Affairs Commission, the Resolutions Subcommittee, and therefore, I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: We have a motion and a second. Any questions? All in favor say aye. All opposed. Carried.

Resolution No. 49: Disenfranchising (21st Century) Origin: Internal Affairs Commission Submitted by: Internal Affairs Commission WHEREAS, The December 2011 change to the charter of The American Legion created the need to examine and edit language within certain resolutions of the organization in order to bring a resolution into compliance with the Charter, and gave opportunity to correct deficiencies in other resolutions, the subject herein being one as originally set out in Resolution No. 28, NEC, October 2006; and WHEREAS, The National Commander's 21st Century Ad Hoc Committee met and reported to the National Executive Committee, October 15-16, 1997, its findings and 92 Proceedings of Wednesday, October 17, 2012 recommendations and six resolutions were approved by the National Executive Committee in May 1998; and WHEREAS, The National Commander's 2006 Ad Hoc Committee on Membership Retention, which met July 5 and 6 and July 24 and 25, 2006 recommended all six resolutions be reaffirmed because of their importance on the membership program of The American Legion for the future; and WHEREAS, That Resolution No. 28, dated May 6, 1998, subject as above, was reaffirmed by the 2006 Fall National Executive Committee as Resolution No. 28, dated October 18-19, 2006; and WHEREAS, The number of American Legion posts has shown an annual reduction at a time when veterans' population is increasing; and WHEREAS, This trend must be reversed if The American Legion is to afford every veteran an opportunity to become a member; and WHEREAS, Every community should have the benefit of an active American Legion post that supports American Legion programs; and WHEREAS, The original 21st Century Report recommended an American Legion post for every high school in the community in order to offer appropriate American Legion programs to high school students, which today is still a very valid concept but because of the consolidation of schools in the communities across the Nation does not provide adequate number of posts for all the eligible veterans to become a member of a post in their local community in order to provide this support; and WHEREAS, Departments are urged to review the veteran population data in the counties in their state as compared to the location of posts and if there is not a post for every 200 veterans located in the local community there should be a major emphasis to start new posts in order to service all veterans as well as the local school systems with The American Legion programs; and WHEREAS, A reduction of Posts directly reflects the decline in membership within each Department; and WHEREAS, A strong presence within the community begins with an active American Legion Post; and WHEREAS, The National Executive Committee on January 15, 1923, approved a resolution to allow the establishment of new posts regardless of location and without undue outside interference; and WHEREAS, Resolutions approved at the 1965 National Convention in Portland, Oregon and the 1971 National Convention in Houston, Texas, recommended that new post development be a priority project of department commanders; and WHEREAS, Due to the importance of this resolution in the foundation of our membership plans for the future, Resolution #28 (NEC, 2006) should be rescinded and replaced by this resolution to keep all six of the original 21st Century resolutions together; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That the formation and revitalization of American Legion posts be a recommended priority which only the Department Commander or the Department Executive Committee controls in accordance with Article IX Section 1 of the National Constitution; and, be it further RESOLVED, As long as all of the required obligations are met for the establishment of a post, no individual post, county, or district shall have the authority to deny any individual(s) the opportunity to start or revitalize a post, that the final decision on all post charter applications will be made by the Department Commander or Department Executive Committee; and, be it further Proceedings of Wednesday, October 17, 2012 93 RESOLVED, That no post charter will be cancelled without the department attempting to revitalize the post in question and attempts made by the department to start a new post within the same calendar year for every post submitted for cancellation to the National Executive Committee; and, be it further RESOLVED, That departments are urged to form new posts in communities where there exists a large veteran population in order to provide veterans an opportunity to choose which post they desire to belong as well as make it more convenient for the veteran; and, be it finally RESOLVED, That Resolution No. 28, of the National Executive Committee, October, 2006, titled "Disenfranchising" (21st Century) is hereby superseded and rescinded.

RESOLUTIONS SUBCOMMITTEE MEMBER SCHMIDT: This resolution has the approval of the Internal Affairs Commission, the Resolutions Subcommittee, and therefore, I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: We have a motion and a second. Any questions? All in favor say aye. All opposed. Carried.

Resolution No. 50: Training and Education (21st Century) Origin: Internal Affairs Commission Submitted by: Internal Affairs Commission WHEREAS, The National Commander's 21st Century Ad Hoc Committee met and reported to the National Executive Committee, October 15-16, 1997, its findings and recommendations and six resolutions were approved by the National Executive Committee in May 1998; and WHEREAS, The National Commander's 2006 Ad Hoc Committee on Membership Retention, which met July 5 and 6 and July 24 and 25, 2006 recommended all six resolutions be reaffirmed because of their importance on the membership program of The American Legion for the future; and WHEREAS, That Resolution No. 30, dated May 6, 1998, subject as above, was reaffirmed by the 2006 Fall National Executive Committee as Resolution No. 30, dated October 18-19, 2006; and WHEREAS, Their specific assignment was to study "the future needs of the veterans to which The American Legion needs to adapt its programs and activities as we enter the 21st Century"; and WHEREAS, The Internal Affairs Commission is the subordinate body to formulate and recommend policies and to oversee the implementation of adopted policies relating to activities conducted for organizational purposes; and WHEREAS, The American Legion is fundamentally a patriotic organization, dedicated and devoted to advancing the ideals of America—justice, freedom, democracy, and loyalty; and WHEREAS, The American Legion has always touted these basic principles, they do not come without exacting a price for the rank and file; and WHEREAS, Service and membership go hand-in-hand, so do progress and growth through active support and participation as a result of education and training; and WHEREAS, Our world is a universal information database, with its leaders and forerunners being those that use these powerful tools as cornerstones to ensure a quantitative and qualitative edge over other systems and/or groups; and WHEREAS, This must be accomplished through the effectiveness and abilities of our leaders at all levels of the organization; it is essential they are given the opportunity, the orientation, and knowledge about American Legion programs and activities; and 94 Proceedings of Wednesday, October 17, 2012 WHEREAS, Due to the importance of this resolution in the foundation of our membership plans for the future, Resolution #30 (NEC, 2006) should be rescinded and replaced by this resolution to keep all six of the original 21st Century resolutions together; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That all levels of The American Legion leadership are urged to develop a standard for its leadership to include a knowledge about programs, activities, goals and objectives of the organization in order to do their best and be more proactive towards the needs of those they serve; and, be it further RESOLVED, That leadership at all levels (National through Post) are urged to recommend to all candidates for office to consider taking and successfully completing the on-line version of The American Legion Extension Institute course; and, be it further RESOLVED, That every department of The American Legion be encouraged to start and staff a comprehensive training seminar/college (also known as Legion College) for the purpose of training its leaders; and, be it further RESOLVED, That the National Organization of The American Legion develop a training environment, seeking a better-trained cadre of leadership that may include the use of computer technology/communications, written materials, teleconferencing, other electronic media, workshops, conferences, and seminars; and, be it further RESOLVED, That all levels of The American Legion be strongly and resolutely urged to develop and execute a continuing education program pertaining to The American Legion programs for leadership and members; and, be it finally RESOLVED, That Resolution No. 30, of the National Executive Committee, October, 2006, titled "Training and Education" (21st Century) is hereby superseded and rescinded.

RESOLUTIONS SUBCOMMITTEE MEMBER SCHMIDT: This resolution has the approval of your Internal Affairs Commission, your Resolutions Subcommittee, therefore, I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and you heard a second. Any questions? NEC MEMBER MARCOUILLIER (DE): I have a question. NATIONAL COMMANDER KOUTZ: Go ahead. NEC MEMBER MARCOUILLIER: In reading this, you're asking departments to start a Legion College, am I correct under the resolution? You're recommending that? COMMISSION CHAIRMAN BESSON: Yes. We are encouraging that each department start, by us going with a train the trainer, we're going to train the people and we want you as a department to start your own Legion courses, and that's not to say that national will not come in or that the Legion course will not be taught at the National Convention. But that has also brought up that your state could also do the training. NEC MEMBER MARCOUILLIER: Who's going to pay for that? Is that a department cost? COMMISSION CHAIRMAN BESSON: You mean at the department level? NEC MEMBER MARCOUILLIER: Right. COMMISSION CHAIRMAN BEESON: The department would pay for that. NEC MEMBER MARCOUILLIER: And for the trainees to come in. COMMISSION CHAIRMAN BESSON: The train the trainer will be paid for by national. Proceedings of Wednesday, October 17, 2012 95 NATIONAL COMMANDER KOUTZ: Any other questions? Hearing none, all in favor say aye. All opposed. Carried.

Resolution No. 51: Veteran Outreach Program (21st Century) Origin: Internal Affairs Commission Submitted by: Internal Affairs Commission WHEREAS, The December 2011 change to the charter of The American Legion created the need to examine and edit language within certain resolutions of the organization in order to bring a resolution into compliance with the Charter, and gave opportunity to correct deficiencies in other resolutions, the subject herein being one as originally set out in Resolution No. 29, NEC, October 2006; and WHEREAS, The National Commander's 21st Century Ad Hoc Committee met and reported to the National Executive Committee, October 15-16, 1997, its findings and recommendations and six resolutions were approved by the National Executive Committee in May 1998; and WHEREAS, The National Commander's 2006 Ad Hoc Committee on Membership Retention, which met July 5 and 6 and July 24 and 25, 2006 recommended all six resolutions be reaffirmed because of their importance on the membership program of The American Legion for the future; and WHEREAS, That Resolution No. 29, dated May 6, 1998, subject as above, was reaffirmed by the 2006 Fall National Executive Committee as Resolution No. 29, dated October 18-19, 2006; and WHEREAS, The number of American Legion posts has shown an annual reduction at a time when the veteran population is increasing; and WHEREAS, This trend must be reversed if The American Legion is to afford every veteran an opportunity to become a member; and WHEREAS, Training seminars such as Membership Workshops and Legion colleges are provided to educate The American Legion membership about benefits and services to all veterans; and WHEREAS, Every community should have the benefit of an active Legion post that supports Legion programs; and WHEREAS, Active Duty installations, Reserve Centers and National Guard Armories are located in communities and are an active part of that community; and WHEREAS, Today's military force is an all volunteer force; and WHEREAS, The American Legion is composed of an all volunteer membership; and WHEREAS, Due to the importance of this resolution in the foundation of our membership plans for the future, Resolution No. 29 (NEC, 2006) should be rescinded and replaced by this resolution to keep all six of the original 21st Century resolutions together; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That all levels of The American Legion are urged to develop a comprehensive plan to educate and provide service to Active, Reserve Component and National Guard eligible military personnel currently in uniform, recently retired, and separated about the value and benefits derived from membership in The American Legion; and, be it further RESOLVED, That all levels of The American Legion are urged to develop a recruiting campaign targeted at eligible military personnel currently serving on Active Duty, in the Reserve Components and The National Guard, and, as well develop a working relationship with The Adjutant General of the state, reserve 96 Proceedings of Wednesday, October 17, 2012 center commanders and active duty military installation commanders; and, be it finally RESOLVED, That Resolution No. 29, of the National Executive Committee, October, 2006, titled "Veteran Outreach Program" (21st Century) is hereby superseded and rescinded.

RESOLUTIONS SUBCOMMITTEE MEMBER SCHMIDT: Resolution No. 51 has the approval of the Internal Affairs Commission, the Resolutions Subcommittee, therefore, I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: You have heard the motion and a second. Any questions? All in favor say aye. All opposed. Carried.

Resolution No. 52: The American Legion Post Operations (21st Century) Origin: Internal Affairs Commission Submitted by: Internal Affairs Commission WHEREAS, The December 2011 change to the charter of The American Legion created the need to examine and edit language within certain resolutions of the organization in order to bring a resolution into compliance with the Charter, and gave opportunity to correct deficiencies in other resolutions, the subject herein being one as originally set out in Resolution No. 31, NEC, October 2006; and WHEREAS, The National Commander's 21st Century Ad Hoc Committee met and reported to the National Executive Committee, October 15-16, 1997, its findings and recommendations and six resolutions were approved by the National Executive Committee in May 1998; and WHEREAS, The National Commander's 2006 Ad Hoc Committee on Membership Retention, which met July 5 and 6 and July 24 and 25, 2006 recommended all six resolutions be reaffirmed because of their importance on the membership program of The American Legion for the future; and WHEREAS, That Resolution No. 31, dated May 6, 1998, subject as above, was reaffirmed by the 2006 Fall National Executive Committee as Resolution No. 31, dated October 18-19, 2006; and WHEREAS, The American Legion is composed of individuals having a basic common bond by serving their country in a wartime period; and WHEREAS, These citizen soldiers, while serving on active duty defending the principles of our democracy, have received a high level of useful discipline and training, and through these associations and experiences during military life, plus the application of prudent logic and wisdom, have built the activities and programs of our great organization; and WHEREAS, It is critical that this rich tradition be preserved for future generations, and in order to remain informed and competitive with other groups and associations, doing business through time-tested methodology must always be subject to reflection, review, and change as necessary, in order to maximize influence in our communities, states, and Nation; and WHEREAS, Our quality service to veterans which they have earned and deserve, can be dramatically enhanced if The American Legion urges the following at all levels of the organization: 1. ensure post operations are legal 2. provide continuous training 3. include hands-on instruction 4. utilize new technology i.e., Internet, email, office automation, public relations 5. make appropriate changes as necessary Proceedings of Wednesday, October 17, 2012 97 6. current leaders serve as mentors by teaching, guiding, counseling and tutoring those being passed the mantle of leadership; and WHEREAS, Due to the importance of this resolution in the foundation of our membership plans for the future, Resolution #31 (NEC, 2006) should be rescinded and replaced by this resolution to keep all six of the original 21st Century resolutions together; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That all department, district, county and local American Legion leaders are urged to develop a leadership plan that stresses the need of mentoring and training of all post officials in such areas as: 1. Developing and executing post mission statements 2. Developing and executing a five-year plan to include description in each of the following areas: post activities, programs, budgets to include financial projections, membership and public relations/communications 3. Development of a constitution and by-laws to include proper charter filing, incorporation, report filing to include Consolidated Post Report, maintaining a proper check and balance system to include audit, risk management (liability, property and event insurance), and proper writing of resolutions 4. Formation and training of committees based on the size and mission of the post in the local community 5. Develop programs in conjunction with the Auxiliary and the Sons of The American Legion to welcome new veterans into the community with emphasis on welcoming our wounded warriors home through the "Operation Comfort Warriors" program to their communities 6. Reaching out to all veterans in the community and listening to their concerns; and, be it further RESOLVED, That departments, districts, and counties are urged to develop an integrated coordinated assistance visit plan, or sometimes referred to as Post Responsibility Audit (copy in Officer's Guide and Manual of Ceremonies) so every post is visited by one level of leadership at least once a year to review the aforementioned areas with the post leadership; and, be it further RESOLVED, That the American Legion believes that each post is a community based wartime veterans organization known for helping all veterans, families and children in the community and where social programs will not supersede the reason The American Legion was founded in 1919 and where the image is associated with "Service First"; and, be it further RESOLVED, That when referring to an American Legion post in all official documents, publications, signage, and advertising that the word "post" be used instead of club, hall or other term; and, be it finally RESOLVED, That Resolution No. 31, of the National Executive Committee, October, 2006, titled "The American Legion Post Operations" (21st Century) is hereby superseded and rescinded.

RESOLUTIONS SUBCOMMITTEE MEMBER SCHMIDT: Resolution No. 52 has the approval of your Internal Affairs Commission, your Resolutions Subcommittee, therefore, I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and you heard a second. Any questions? Hearing none, all in favor say aye. All opposed. Motion carried. 98 Proceedings of Wednesday, October 17, 2012 Resolution No. 53: Cooperation with The American Legion Auxiliary and Sons of The American Legion (21st Century) Origin: Internal Affairs Commission Submitted by: Internal Affairs Commission WHEREAS, The National Commander's 21st Century Ad Hoc Committee met and reported to the National Executive Committee, October 15-16, 1997, its findings and recommendations and six resolutions were approved by the National Executive Committee in May 1998; and WHEREAS, The National Commander's 2006 Ad Hoc Committee on Membership Retention, which met July 5 and 6 and July 24 and 25, 2006 recommended all six resolutions be reaffirmed because of their importance on the membership program of The American Legion for the future; and WHEREAS, That Resolution No. 32, dated May 6, 1998, subject as above, was reaffirmed by the 2006 Fall National Executive Committee as Resolution No. 32, dated October 18-19, 2006; and WHEREAS, A portion of the Preamble of the National Constitution of The American Legion states, "to consecrate and sanctify our comradeship by our devotion to mutual helpfulness"; and WHEREAS, A portion of the Preamble of the National Constitution of the American Legion Auxiliary states "to consecrate and sanctify our association by our devotion to mutual helpfulness"; and WHEREAS, A portion of the Preamble of the National Constitution of the Sons of The American Legion, a program of The American Legion, states, "to consecrate and sanctify our friendship by our devotion to mutual helpfulness"; and WHEREAS, The American Legion, the American Legion Auxiliary, and the Sons of The American Legion preambles state, "to inculcate a sense of individual obligation to the Community, State, and Nation"; and WHEREAS, The vision of The American Legion, American Legion Auxiliary, and the Sons of The American Legion is to help and assist veterans and their families, therefore, in the spirit of rendering support and assistance, all must work together for the same principle; and WHEREAS, Due to the importance of this resolution in the foundation of our membership plans for the future, Resolution #32 (NEC, 2006) should be rescinded and replaced by this resolution to keep all six of the original 21st Century resolutions together; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That all department, district, county and local American Legion leaders are urged to develop a cooperative relationship with the American Legion Auxiliary and Sons of The American Legion; and, be it finally RESOLVED, That Resolution No. 32, of the National Executive Committee, October, 2006, titled, "Cooperation with The American Legion Auxiliary and Sons of The American Legion" (21st Century) is hereby superseded and rescinded.

RESOLUTIONS SUBCOMMITTEE MEMBER SCHMIDT: Resolution No. 53 has the approval of your Internal Affairs Commission, your Resolutions Subcommittee, therefore, I call for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: We have a motion and you've heard a second. Any questions? Hearing none, all those in favor say aye. All opposed. Motion carried. Proceedings of Wednesday, October 17, 2012 99 Resolution No. 54: Rescinding of Internal Affairs Resolutions Origin: Internal Affairs Commission Submitted by: Internal Affairs Commission WHEREAS, The National Commission on Internal Affairs reviewed its resolutions in accordance with the suggested review practices recommended by the National Conventions and the 1961 Report of the Program Study Committee by the National Executive Committee; and WHEREAS, This review took place during the Internal Affairs Commission meeting held October 15, 2012, in Indianapolis, Indiana; and WHEREAS, This study has found that 429 resolutions should be rescinded because they have been superseded, accomplished and/or are obsolete; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That the following resolutions are rescinded for the reasons indicated below:

No. Year Meeting Title (Brief) Reason 429 1923 Convention American Legion Weekly Obsolete 446 1923 Convention American Legion Weekly Obsolete 447 1923 Convention American Legion Weekly Obsolete 448 1923 Convention American Legion Weekly Obsolete 449 1923 Convention American Legion Weekly Obsolete 463 1925 Convention American Legion Weekly Obsolete 367 1926 Convention National Radio Broadcasting Obsolete 11 1928 Spring NEC Post History Award Superseded 407 1928 Convention "American Legion Monthly" Should Print Resume Of Obsolete Privileges Of Veterans 522 1928 Convention Contact Between American Legion Monthly And American Legion Obsolete 15 1929 Spring NEC (Ratify) Membership Trophies Superseded 11 1930 Fall NEC Award To Prime Minister Of Greece Accomplished 13 1930 Spring NEC Annulled Resolution On Macnider And Emery Trophies – Accomplished Replicas To Be Presented To Department Of Hawaii 469 1931 Convention Membership Campaigns Obsolete 450 1932 Convention Ex-Officio Memberships On National Child Welfare Committee Accomplished 11 1934 Fall NEC Assembling For Purpose Of Urging Upon Congress Passage of Obsolete Legislation Authorizing Immediate Payment Of Adjusted Service Certificates 3 1935 Spring NEC Department Of New Mexico Accomplished 421 1936 Convention National Convention Corporation To Have A Committee Etc., Obsolete To Handle Deaths Occurring At Conventions 127 1937 Convention Basic Quota Change Departmental Allocations At Conventions Obsolete Be Based On Comparison Of Current Membership And That Of Preceding Year 422A 1937 Convention Sons Of The American Legion Committee Created Obsolete 677 1940 Convention Foreign Departments (Handling Of) Accomplished 550 1941 Convention Annual Conference Of Department Commanders And Adjutants Accomplished 22A 1941 Fall NEC Sons Of The American Legion Publicity Obsolete 22B 1941 Fall NEC Sons Of The American Legion Director Obsolete 16 1942 Fall NEC Membership For Those Who Lose Their Lives In Service Obsolete 633 1943 Convention Big Ten Membership Contest Superseded 634 1943 Convention Policy Of Sons Of The American Legion Obsolete 21 1944 Fall NEC Short Form Of Initiation Ceremony Accomplished 36 1944 Fall NEC Adequate Gasoline Allowance For Legion Service Officers And Obsolete Rehabilitation Workers 156 1944 Convention Amend Ritual For Closing Of Legion Meetings Accomplished 310 1944 Convention Revise Our Ceremonies And Rituals To Involve WWII Veterans Accomplished 706 1944 Convention Public Relations And Publicity Obsolete 708 1944 Convention World War II Liaison Accomplished 47 1945 Fall NEC Citation To Eddie Cantor For Aid In Gifts For Yanks Who Gave Accomplished 51 1945 Fall NEC Strict Adherence To Constitutional Provision That All Obsolete Members Pay The $1.00 Yearly Dues 175 1945 Convention Secure Membership Of Every WWII Veteran And Urge Obsolete Every Post To Own A Home 100 Proceedings of Wednesday, October 17, 2012 11 1946 Fall NEC Advisory Committee to the National Commander Superseded 25 1946 Fall NEC Sale Of Cards Showing Officers' Parts At Initiations Etcetera Obsolete 110 1946 Spring NEC Committee Meet One Day Prior To The Pre-Convention Meeting Accomplished Of The National Executive Committee In San Francisco, California 270 1946 Convention Balloting On Membership Applications In Post Meetings Obsolete 857 1946 Convention Allocations Of Housing Department Delegations To National Obsolete Convention 80 1947 Spring NEC Films Of Ceremonies Obsolete 84 1947 Spring NEC Changes In Manual Of Ceremonies Accomplished 28 1947 Fall NEC Advisory Committee to the National Commander Superseded 8 1948 Spring NEC Affiliation Of Copenhagen Post, The American Legion, Accomplished With Department Of France 9 1948 Spring NEC Affiliation Of Aruba Esso Post No. 1 With Department Of Panama Accomplished 10 1948 Spring NEC Affiliation Of Guam Post, The American Legion, With The Accomplished Department Of Hawaii 29 1948 Fall NEC Surety Bond Plan For Persons Handling American Legion Funds Accomplished 30 1948 Fall NEC Foreign Departments And Outlying Posts Accomplished 37 1948 Spring NEC American Legion Radio Appreciation Awards Accomplished 31 1949 Fall NEC Aerial Membership Roundup Obsolete 32 1949 Fall NEC Aerial Membership Roundup Obsolete 51 1949 Spring NEC Survey Burials Of World War II Dead U.S. In Russian Territory Accomplished 52 1949 Fall NEC Army And Navy General Hospital Hot Spring NECs Arkansas Obsolete 52 1949 Spring NEC American Legion Representatives On War Memorial Council Obsolete 71 1949 Fall NEC Advisory Committee to the National Commander Superseded 22 1950 Fall NEC Visual Aids To Stimulate Membership Effort Obsolete 24 1950 Fall NEC National Radio Meeting Of The American Legion Obsolete 44 1950 Spring NEC Charter Of Post Number 69, Vermont Accomplished 45 1950 Spring NEC Change Name To Department Of Panama Canal Zone Obsolete And Refer To It As A Territorial Department 5 1952 Fall NEC Pre-Vu Membership Roll Calls At Each National Convention Obsolete 17 1952 Spring NEC Final Membership Record Of A Deceased Member Accomplished 27 1952 Spring NEC More Courteous Service At All National Cemeteries Accomplished 23 1953 Spring NEC Annual Distribution Of Manual Of Ceremonies To Each Accomplished Post Commander 14 1954 Convention Continue Child Welfare Program As American Legion Project Accomplished 54 1954 Spring NEC Rescind Army Order Not Permitting Burials On Saturdays And Obsolete Sundays In National Cemeteries 5 1955 Pre-Conv NECommendation To Mrs. Amy Wilson, Jr. Accomplished 59 1955 Spring NEC Oppose Legislation To Provide Money In Lieu Of A Obsolete Government Headstone 16 1956 Spring NEC Return Of American War Dead From Behind The Iron Superseded And Bamboo Curtains 32 1956 Fall NEC American Battle Monuments Commission Control All Accomplished American War Monuments In France 58 1956 Fall NEC Revised Program Of Public Relations Obsolete 61 1956 Fall NEC Front Cover Of American Legion Magazine To Be Used Accomplished At Least Twice A Year As Membership Stimulus 31 1957 Spring NEC Legionnaires Standing In Silent Tribute To Departed Accomplished Comrades Will Face The Flag 183 1957 Convention Provide Headstone For The Qualified Decedent Wife Of A Accomplished Deceased Veteran Interred In Any State Cemetery 3 1958 Pre-Conv NEOffice Of Public Affairs Under The Secretary Of Defense Accomplished 4 1958 Pre-Conv NEContinuous Membership Certificates Recognizing Obsolete Membership For Ten, Twenty-Five And Forty Years 202 1959 Convention Woman's Shirt Without Necktie Be Approved For Women Accomplished Members Of The American Legion 267 1959 Convention Designate 1960 As General John J. Pershing Centennial Year Accomplished 21 1960 Fall NEC Affiliation Of Bermuda Post No. 1 With Department Of New York Accomplished 67 1960 Spring NEC Foreign Post Affiliation Accomplished 8 1961 Fall NEC Affiliation Of Tokyo Post No. 38 With The American Accomplished Legion Department Of Hawaii 20 1961 Fall NEC Membership Dates Of The American Legion Accomplished 22 1961 Fall NEC National Rifle Association Pistol And Rifle Program For Obsolete The Use By Sons Of American Legion Squadrons 45 1961 Spring NEC Appointments To The Pershing Hall Operating Committee Accomplished 49 1961 Spring NEC Changes In "The Manual of Ceremonies" of The American Legion Accomplished Proceedings of Wednesday, October 17, 2012 101 51 1961 Spring NEC Deleting Official Representation Of The Forty And Eight Accomplished From The Advisory Board Of The National Child Welfare Commission And The Education And Scholarship Committee 3 1962 Fall NEC Affiliation Of Generals Ward And Chennault Post No. 1 Superseded (China) With The Department Of Hawaii 6 1962 Fall NEC Affiliation Of San Tome Post No. 1, Barcelona, Venezuela, Accomplished With The Department Of New York 7 1962 Fall NEC Affiliation Of Havana, Cuba, Post No. 1 With Department Accomplished Of New York 47 1962 Spring NEC Amending "Manual Of Ceremonies" Of The American Legion Accomplished 49 1962 Spring NEC Telegraphic Roll Call And Big Ten Membership Competition Accomplished 50 1962 Spring NEC Affiliation Of Bermuda Post No. 1 Of The American Legion, Accomplished Hamilton, Bermuda, With The Department Of New York 55 1962 Spring NEC Department Membership Incentive Goals Obsolete 381 1962 Convention Appreciation To Netherlands People For Building Cemetery At Accomplished Margraten For United States War Dead 2 1963 Fall NEC Affiliation of Guantanamo Bay Post 1 (Cuba) with Accomplished Department of New York 2 1963 Pre- NEC Sale Of American Legion, Department Of Louisiana, Accomplished Headquarters Property 11 1963 Spring NEC Printing National Motto "In God We Trust" On Postage Stamps Obsolete 12 1963 Spring NEC Amending "Manual Of Ceremonies" Of The American Legion Accomplished 41 1963 Spring NEC Formula For Membership Incentive Goals Obsolete 146 1963 Convention Medic-Alert Emblems Be Issued By American Legion Posts Accomplished 301 1963 Convention Urging United States Government To Issue Surplus M-1 Accomplished Rifles To Veterans Organizations 371 1963 Convention "Service To God And Country" Be New Theme For Accomplished Former "Back To God" Program Of The American Legion 444 1963 Convention National Cultural Center, Washington, D.C. Obsolete 3 1964 Convention American Legion Life Membership Study Plan Proposal Accomplished 11 1964 Fall NEC Authorize Chartering Of Brigadier General Joseph N.Dalton Accomplished Post No.41, La Trinidad, Benguet, Mountain Province, Philippines 13 1964 Fall NEC Authorize Chartering Of Joseph J. Sadowski Post No. 2, Ulm, Accomplished Germany, Affiliated With Department Of France 18 1964 Spring NEC Charter Application For John F. Kennedy Post No. 22, Accomplished Mainbullau/Main Miltenberg, Germany 19 1964 Spring NEC Telegraphic Roll Call And Big Ten Competition Superseded 20 1964 Spring NEC Air Mail Roundup Wings Obsolete 21 1964 Spring NEC Authorize Chartering Of Cape Canaveral Post No. 40 And Accomplished John F. Kennedy Post No. 25, Department Of The Philippines 25 1964 Spring NEC London, England, Post No. 1 Transferred From France Accomplished To New York 50 1964 Spring NEC Survey By Departments Of Federal Lands Suitable For Obsolete National Cemeteries 53 1964 Spring NEC Redesignation Of The Group Insurance Committee; Definition Of Accomplished Its Purposes, Composition, And Reassignment To The National Finance Commission 61 1964 Spring NEC Implementation Of Cemetery Policy Accomplished 63 1964 Spring NEC International Amity Award Winners For 1964 Accomplished 635 1964 Convention Modification Of Present Restrictive National Cemetery Obsolete Policy Of The Federal Government 7 1965 Fall NEC Authorize Chartering Of Capt. James Canfield Fisher Accomplished Post No. 42 Cabanatuan City, Philippines 8 1965 Fall NEC Authorize Chartering Of Gen. Felicismo Torres Post Accomplished No. 43 Camiling, Tarlac, Philippines 23 1965 Spring NEC Changes In 'The Manual Of Ceremonies' Of The American Legion Accomplished 138 1965 Convention Conduct Of People Visiting National Cemeteries Obsolete 1 1966 Spring NEC Authorize Chartering Of Hohenfels Post No. 13, Hohenfels, Accomplished Germany 2 1966 Spring NEC Authorize Chartering Of Raymond Howard Post No. 8, Accomplished San Miguel De Allende, Gto, Mexico 14 1966 Spring NEC 50th Anniversary Observance Of Founding Of Accomplished The American Legion 15 1966 Spring NEC Commemoration Of Fiftieth Anniversary Of First American Accomplished Legion National Convention In Minneapolis, Minnesota 16 1966 Fall NEC Authorize Issuance Of Charter For American Legion Post Accomplished Nos. 44, 47, And 50, Department Of The Philippines 102 Proceedings of Wednesday, October 17, 2012 17 1966 Spring NEC Commemoration Of 50th Anniversary Of St. Louis, Accomplished Missouri, Caucus Of The American Legion 18 1966 Fall NEC Authorize Chartering Of Mike Ver American Legion Post Accomplished No. 46, San Pablo City, Republic Of The Philippines 19 1966 Fall NEC Appointment Of A Committee To Study Hospitalization Accomplished And Sick Benefit Plan For American Legion Members 19 1966 Spring NEC International Amity Award Winners For 1966 Accomplished 20 1966 Fall NEC Commemoration Of Fiftieth Anniversary Of St. Louis, Accomplished Missouri, Caucus Of The American Legion, May 6, 7, 8, 9, 1969 24 1966 Spring NEC Future Changes In Manual Of Ceremonies Accomplished 31 1966 Spring NEC Oppose Burial In National Cemeteries Of Individuals Accomplished Convicted Of Treason 32 1966 Spring NEC Authorize Chartering Of General Emilio Aguinaldo Post 45, Accomplished Cubao, Quezon City, Philippines 34 1966 Spring NEC Referral Of Resolution Creating American Legion Accomplished Auxiliary Department In The Philippines To The National Organization Of The American Legion Auxiliary 195 1966 Convention Commending The American Legion Magazine And Suggesting Accomplished That Posts Donate A Subscription To High Schools And Colleges 695 1966 Convention American Legion Membership Enrollment Program For 1967 Accomplished 4 1967 Spring NEC Urge Continuation Of Special Insurance Indemnity Accomplished Committee With Final Report To National Executive Committee No Later Than Fall NEC, 1967, Meeting 6 1967 Fall NEC Designate American Legion National Headquarters Accomplished Museum The Emil A. Blackmore Museum 7 1967 Fall NEC Authorize Issuance Of Charters To Posts Nos. 48, 49, Accomplished And 52, Department Of Philippines 7 1967 Spring NEC Charter Post No. 42, Wake Island, Department Of Hawaii Accomplished 8 1967 Spring NEC Charter For Post No. 44, Monkey Mountain, Vietnam, Accomplished Department Of Hawaii 9 1967 Spring NEC Charter For Post No. 53, At Iloilo City, And No. 51 At Accomplished Dagupan City, Department Of The Philippines 10 1967 Spring NEC Charter For Post No. 54, Kalibo, Aklan, Philippines, Accomplished Department Of The Philippines 11 1967 Fall NEC Authorize Issuance Of Charter To Post No. 11, Department Of Accomplished France 14 1967 Spring NEC Asking United States Post Office Department To Establish Obsolete March 15, 1969 Issuance Date For American Legion 50th Anniversary Commemorative Postage Stamp 17 1967 Spring NEC Establishing Seating Priorities For National Commander's Obsolete Annual Dinner To Members Of Congress 267 1967 Convention Maintain Strong Counter-Subversive Activities Section At Obsolete National Headquarters 568 1967 Convention Gold 50-Year Consecutive Membership Card Obsolete 8 1968 Convention Adopt Senate Resolution No 13 To Establish A Senate Accomplished Committee On Veterans Affairs 11 1968 Fall NEC Family Honors Program Accomplished 13 1968 Fall NEC Confidentiality Of Veterans Administration Lists Of Separatees Accomplished 14 1968 Fall NEC Policy On Release Of Names And Addresses Of Members Accomplished And Posts Of The American Legion 18 1968 Spring NEC Transfer Of Stockholm Post No. 1 To Department Of France Accomplished 21 1968 Spring NEC Memorial Tribute To Mr. Walt Disney Accomplished 22 1968 Fall NEC Temporary Charter Authorized For Colin D. Macmanus Accomplished Post No. 1, Department Of France, When Provisions Of Resolutions Of Resolution 42, NEC, April 29-30-May 1, 1959, Have Been Complied With 26 1968 Spring NEC Authorize Issuance Of Charter To Oton Post No. 55, Accomplished Department Of The Philippines 27 1968 Spring NEC Authorize Issuance Of Charter To Capt. Conrado D. Accomplished Yap Post No. 57, Department Of The Philippines 28 1968 Spring NEC Authorize Issuance Of Charter To War Veterans Service Accomplished Post No. 59, Department Of The Philippines 29 1968 Spring NEC Authorize Issuance Of Charter To Saipan Post No. 351, Accomplished Department Of California 30 1968 Spring NEC Launching Of A New Post Program During The 50th Obsolete Anniversary Of The American Legion Proceedings of Wednesday, October 17, 2012 103 31 1968 Spring NEC Authorize Modification Of The 50th Anniversary Accomplished Medallion For American Legion Auxiliary Purposes 165 1968 Convention Revise American Legion Membership Recruitment Accomplished Literature So As To Attract Women War Veterans 381 1968 Convention Natl Conventions Of Tal Held Before Labor Day Superseded 438 1968 Convention Asking Tal To Accept The Rights To The Musical Accomplished Composition To Accompany The Preamble To The Constitution Of Tal By Paul Wendel 2 1969 Special Issue Temporary Charter To Saigon Post No. 34 Accomplished 2 1969 Fall NEC Authorize Issuance Of Temporary Charter To Dwight D. Accomplished Eisenhower Post No. 13, Augsburg, Germany To Be Affiliated with Department Of France 2 1969 Spring NEC Support Anti-Litter Programs Accomplished 4 1969 Spring NEC Charter For General Rafael Jalandoni Post No. 61, Roxas Accomplished City, Department Of Philippines 6 1969 Spring NEC Transfer of Post in Puerto Rico Department to Department of Accomplished Virginia 16 1969 Spring NEC Printing Of Words 'For God And Country' On All Official Accomplished Stationery And Publications Of The American Legion 39 1969 Spring NEC Appreciation To The City Of St. Louis, Missouri, For Assisting Accomplished The American Legion In Observing Its Golden Anniversary 48 1969 Spring NEC Placing A Bronze Bust Of General Dwight D. Eisenhower In Obsolete American Legion National Headquarters Museum 49 1969 Spring NEC Encourage Awarding Of Life Membership To 50-Year Members Accomplished And Developing Less Expensive Life Membership Cards 2 1970 Fall NEC Charter for Heidelberg American Legion Post No. 3, Accomplished Heidelberg, Germany, Department Of France 27 1970 Spring NEC Charter For Barney Condo Post No. 2, Department of Canada Accomplished 28 1970 Spring NEC Charter for Dinaluphian Post No. 63, Department of Philippines Accomplished 30 1970 Spring NEC Charter for President Manuel L. Quezon Post No. 66 Accomplished Department of the Philippines 31 1970 Spring NEC Charter for Naga City Post No. 68, Department of the Philippines Accomplished 42 1970 Spring NEC Appointment of Committee to be Known as 'The Spirit of '76 Accomplished Committee' 46 1970 Spring NEC Prisoners Of War Pay Accomplished 51 1970 Fall NEC Problems Of Pollution And Degradation Of Our Biological Superseded Environment Assigned To Jurisdiction Of The National Internal Affairs Commission 54 1970 Fall NEC National Per Capita Dues Increase From $2.00 To $2.50 Obsolete Recommended To Be Effective With Dues Transmitted After January 15, 1972 120 1970 Convention That American Legion Posts In Planning New Buildings Or Superseded Remodeling Existing Buildings Adopt Architectural Barriers Program So Post Home Is Accessible To The Disabled Veteran 590 1970 Convention Formation of Associations of, or Training Seminars for, Obsolete American Legion Club Managers 23 1971 Fall NEC Reinstate Charter Post 415, Arkansas Accomplished 24 1971 Fall NEC Authorize Issuance Of Charter To Post No. 11, Sembach, Accomplished Germany, to be Affiliated with Department of France 25 1971 Fall NEC Authorization for Temporary Charter for Post No. 21, Accomplished Crailsheim, Germany, to be Affiliated with Department of France 26 1971 Fall NEC Authorize Issuance of Charter to Post No. 10, Cuernavaca, Mexico Accomplished 27 1971 Fall NEC Authorization for Eleven New Posts in Department of Philippines Accomplished Upon Submission of Required Documentation 33 1971 Spring NEC Tribute In American Legion Halls, Post Homes, Etc. Accomplished 34 1971 Spring NEC Authorize Issuance of Four Temporary Charters to Posts in Accomplished Department of the Philippines 35 1971 Spring NEC Authorize Issuance of Temporary Charter to Puerto Vallarta Accomplished Post No. 9, Department of Mexico 36 1971 Spring NEC Authorize Issuance of Four Temporary Charters to Posts in Accomplished West Germany and Affiliated with the Department of France 37 1971 Spring NEC Authorize Issuance of Temporary Carter to A. Joyce Kilmer Accomplished Post No. 4 in Ireland, and Affiliated with Department of Canada 42 1971 Spring NEC Urges Support of June 5 Clean up America Program Accomplished 3 1972 Fall NEC American Legion National Hypertension Screening Program Accomplished 4 1972 Fall NEC Temporary Charter to Post 5 and Post 10, Department of France Accomplished 5 1972 Fall NEC Temporary Charter to Post 47 and Post 48, Department of Hawaii Accomplished 104 Proceedings of Wednesday, October 17, 2012 6 1972 Fall NEC Temporary Charter to Post 26, Post 71, Post 86, Department Accomplished of Philippines 6 1972 Spring NEC Authorize Issuance of Temporary Charter to Post No. 69, Accomplished Department of Philippines 7 1972 Spring NEC Authorize Issuance of Temporary Charter to Post No. 85, Accomplished Department of Philippines 8 1972 Spring NEC Authorize Issuance of Temporary Charter to Post No. 4, Accomplished Department of Panama Canal Zone 9 1972 Spring NEC Authorization for Presentation of International Amity Award Accomplished 16 1972 Spring NEC Authorize Issuance of Temporary Charter to Post No. 4, Accomplished Department of France 372 1972 Convention Personal Appearance Of American Legion Youth Program Obsolete Participants 479 1972 Convention Urging The Formation Of New Posts Accomplished 15 1973 Fall NEC Abolish National Sons Of The American Legion Committee Accomplished And Transfer Duties To National Internal Affairs Commission 19 1973 Spring NEC Authorization For Four Temporary Charters Of Posts To Be Accomplished Affiliated With The Department Of France 20 1973 Spring NEC Authorize Issuance Of Temporary Charter To Ernest Harmon Accomplished Post No. 8 Located In Stephenville, Newfoundland And Affiliated With The Department Of Canada 22 1973 Spring NEC Local Cooperation In Anti-Litter And Environmental Accomplished Improvement Program 24 1973 Spring NEC Authorize Issuance Of Temporary Charter To Karlsruhe Post Accomplished No. 78, Located In Karksruhe, Germany, And Affiliated With The Department Of France 440 1973 Convention Support Be Counted Again Program Obsolete 2 1974 Pre-Conv NEAuthorize Issuance Of Temporary Charter To Post No.15, Accomplished Department Of France 6 1974 Fall NEC Amendments To National Constitution Of Sons Of The Obsolete American Legion 17 1974 Spring NEC Harry S. Truman Post No. 2, Department Of France Accomplished 18 1974 Spring NEC Mazatlan Post No. 11, Department Of Mexico Accomplished 19 1974 Spring NEC San Sebastian Post No. 87, Department Of Philippines Accomplished 7 1975 Fall NEC Authorize Issuance Of Temporary Charter To Post No.79, Accomplished In Heilbronn, West Germany, To Be Affiliated With The Department Of France 8 1975 Fall NEC Authorize Issuance Of Temporary Charter To Post No.88, Accomplished Guihulngan, Negros Oriental, Philippines, To Be Affiliated With The Department Of The Philippines 9 1975 Fall NEC Authorize Issuance Of Temporary Charter To Post No.90, Accomplished In Malabon, Rizal, Philippines, To Be Affiliated With Department Of The Philippines 10 1975 Fall NEC Authorize Issuance Of Temporary Charter To Post No.91, In Accomplished Tampakan, South Cotabato, Philippines, To Be Affiliated With Department Of The Philippines 11 1975 Fall NEC Authorize Issuance Of Temporary Charter To Post No.93, Accomplished Dipolog City, Philippines, To Be Affiliated With The Department Of The Philippines 12 1975 Fall NEC Authorize Issuance Of Temporary Charter To Post No.94, Accomplished Mendz, Nunez, Cavite, Philippines, To Be Affiliated With Department Of The Philippines 13 1975 Fall NEC Authorize Issuance Of Temporary Charter To Post No.96, San Accomplished Jose, Occidental Mindon, To Be Affiliated With The Department Of The Philippines 14 1975 Fall NEC Authorize Issuance Of Temporary Charter To Post No.97, Accomplished Pasay City, Philippines, To Be Affiliated With The Department Of The Philippines 20 1975 Spring NEC Transfer Post 43 (China), Now Affiliated With Department Of Superseded Hawaii, To Department Of New York; Re-Designate Post No. 1 (China); And Adjust Department Quotas According 21 1975 Spring NEC Authorize Issuance Of Temporary Charter To Post No. 91, Accomplished Davao City, Philippines, To Be Affiliated With The Department Of The Philippines 22 1975 Fall NEC Authorize Issuance Of Temporary Charter To Post No.76, Accomplished Zweibruecken, West Germany, To Be Affiliated with Department Of France Proceedings of Wednesday, October 17, 2012 105 22 1975 Spring NEC Authorize Issuance Of Temporary Charter To Post No. 89, Accomplished Guinobatan, Albay, Philippines, To Be Affiliated With Department Of The Philippines 23 1975 Spring NEC Authorize Issuance Of Temporary Charter To Post No.72, Accomplished Midsaysp, North Catabato, Philippines, To Be Affiliated With Department Of The Philippines 24 1975 Spring NEC Authorize Issuance Of Temporary Charter To Post No. 49, Accomplished Taipei, Taiwan, Republic Of China, To be affiliated with Department Of Hawaii 25 1975 Spring NEC Authorize Issuance Of Temporary Charter To Post No.7, Accomplished Vancouver, British Columbia, To Be Affiliated With The Department Of Canada 26 1975 Spring NEC Authorize Issuance Of Temporary Charter To Post No. 16, Accomplished Located In Friedberg, Germany, To Be Affiliated With The Department Of France 2 1976 Pre-Conv NEAuthorize Issuance Of Temporary Charters To Foreign Posts Accomplished 6 1976 Fall NEC Study Membership At Large Accomplished 7 1976 Fall NEC Dual Membership Study Accomplished 14 1976 Spring NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 17 1976 Fall NEC Authorize Issuance Of Temporary Charter To Foreign Post Accomplished 32 1976 Spring NEC Commendation Of American Legion Posts For Outstanding Accomplished Participation In Bicentennial Observance 145 1976 Convention Revision In The American Legion Membership Roster Accomplished 306 1976 Convention American Legion Magazine--Exposure Of Communist Menace Accomplished 2 1977 Pre-Conv NEAuthorize Issuance If Temporary Charters To Foreign Posts Accomplished 17 1977 Fall NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 21 1977 Spring NEC Annual Telegraphic Roll Call Superseded 22 1977 Spring NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 23 1977 Spring NEC Temporary Assignment Of Far East Posts To The Department Accomplished Of Alaska 24 1977 Spring NEC Change In Department Affiliation For General Claire Accomplished Chennault Post No. 49., Taipei, Taiwan, Republic Of China 31 1977 Spring NEC Special Membership Meeting Accomplished 35 1977 Spring NEC Paid-Up-For-Life Membership Patch And Pin Accomplished 36 1977 Spring NEC Authorize Issuance Of Temporary Charter To Foreign Post 50 1977 Spring NEC Assignment Of Responsibility Of Matters Concerning Energy Obsolete And Environment 514 1977 Convention Urging The President And Department Of Energy To Implement Obsolete Policy And Plans To Reduce Energy Usage In The United States 515 1977 Convention Appointment Of An Energy Chairperson At The Department, Obsolete District, County And Post Level Of The American Legion 516 1977 Convention Support The Administration Policy To Decrease Reliance On Obsolete Foreign Fossil Fuels And Develop Our Internal Energy Resources, Available And Prospective 517 1977 Convention Initiation Of Energy Conservation Programs Within American Obsolete Legion Departments 518 1977 Convention American Legion-Sponsored Forums on Energy And Environment Obsolete 2 1978 Pre-Conv NEAuthorized Issuance Of Temporary Charters To Foreign Posts Accomplished 3 1978 Fall NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 5 1978 Convention Reaffirmation Of The Energy Program Of The American Legion Superseded 8 1978 Spring NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 9 1978 Spring NEC Change In Department Affiliation For Seoul Post No. 6 Of Accomplished Seoul, Korea 14 1978 Convention Energy Superseded 85 1978 Convention Energy Superseded 130 1978 Convention Upholding The United States Right To Name Landmarks Superseded 200 1978 Convention Energy Superseded 251 1978 Convention Energy Superseded 514 1978 Convention Urge Adoption And Support Of A National Organ Donor Obsolete Registration Program 4 1979 Pre-Conv NEName Change For The Department Of Panama Canal Zone Accomplished 8 1979 Fall NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 11 1979 Spring NEC Regional Leadership Conferences Accomplished 16 1979 Spring NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 36 1979 Spring NEC Association Status With Labelle Industries Obsolete 37 1979 Spring NEC Pilgrimage To Paris Accomplished 106 Proceedings of Wednesday, October 17, 2012 3 1980 Fall NEC 1981 National Commander's Membership Incentive Awards Obsolete Program 4 1980 Fall NEC Department Membership Goal Obsolete 5 1980 Fall NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 11 1980 Spring NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 12 1980 Spring NEC Diamond Jubilee Certificate Accomplished 21 1980 Fall NEC Regional Conferences Accomplished 22 1980 Fall NEC Urge Continued Support Of The Kidney Foundation Education Accomplished Program 24 1980 Spring NEC Use Of American Legion Life Insurance Funds For Supporting Accomplished The Activities And Programs Serving The Interest Of The Membership And Post Activities Section 177 1980 Convention Place A Suitable Memorial Marker At Graveside Of Ignace Jan Accomplished Paderewski In Arlington National Cemetery To Commemorate And Perpetuate His Service To The American Legion 503 1980 Convention Vietnam Veterans Memorial Fund Incorporated Accomplished 7 1981 Fall NEC Use Of American Legion Life Insurance Funds For Supporting Accomplished The Activities And Programs Serving The Interests Of The Membership And Post Activities Section 21 1981 Spring NEC Establishment Of A Detachment Of The Sons Of The American Obsolete Legion In The American Legion Department Of Panama Canal 23 1981 Spring NEC Post Transfer Accomplished 24 1981 Spring NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 3 1982 Pre-Conv NEContract With Marden-Kane, Inc. Accomplished 4 1982 Fall NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 19 1982 Spring NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 66 1982 Convention Offer American Legion Extension Institute On Flexible Discs Obsolete For Blind Veterans Or Visually Handicapped 2 1983 Pre-Conv NEAuthorize Issuance Of Temporary Charters To Foreign Posts Accomplished 25 1983 Spring NEC Usage Of American Legion Emblem On Pennsylvania Accomplished Automobile License Plates 26 1983 Spring NEC Per Capita Dues Increases For The Sons Of The American Legion Accomplished 27 1983 Spring NEC Post Charter Cancellation Accomplished 28 1983 Spring NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 31 1983 Fall NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 34 1983 Fall NEC Commend Departments And Subordinate Bodies Of The American Accomplished Legion For Programs Supporting Restoration Of Statue Of Liberty 35 1983 Fall NEC Urge Department Of The Interior To Issue Demonstration Permits Obsolete To Persons Who Will Perpetuate A Deep Respect For The Vietnam Veterans Memorial 37 1983 Fall NEC Change In Sons Of The American Legion Membership Obsolete Delinquent Dates 136 1983 Convention Distribution Of Food To The Needy Accomplished 347 1983 Convention Energy Accomplished 24 1984 Fall NEC Department Membership Goals Obsolete 34 1984 Spring NEC Authorize Issuance Of Temporary Charter Of Foreign Post Accomplished 329 1984 Convention National Convention Scheduling Obsolete 13 1985 Spring NEC Authorize Issuance Of Temporary Charter To A Foreign Post Accomplished 283 1985 Convention National Pr Television Message (Supporting DMS) Accomplished 1 1986 Pre-Conv NEAuthorize Issuance Of Temporary Charters To Foreign Posts Accomplished 15 1986 Spring NEC Bequest To The American Legion Accomplished 27 1986 Spring NEC Transfer Of Post #292, Isabel La Cotolica, Madrid, Spain, Accomplished From Department Of Maryland To Department Of France 29 1986 Spring NEC Authorize Issuance Of Temporary Charter To A Foreign Post Accomplished 34 1986 Convention Transfer Of American Legion Energy Program To The Accomplished Washington Office Of The American Legion 36 1986 Fall NEC Use Of The American Legion Emblem On Pre-Need Grave Obsolete Markers 37 1986 Fall NEC Authorize Issuance Of Temporary Charter To A Foreign Post Accomplished 304 1986 Convention American Legion Youth Programs Liability Insurance Accomplished 1 1987 Pre-Conv NEAuthorize Issuance Of Temporary Charter To Foreign Posts Accomplished 22 1987 Spring NEC Support The Norman Rockwell Museum Fund Drive At Obsolete Stockbridge, Massachusetts 24 1987 Spring NEC "Manual Of Ceremonies" Change Accomplished 25 1987 Spring NEC Authorize Issuance Of Temporary Charter To Foreign Posts Accomplished 33 1987 Fall NEC Authorize Issuance Of Temporary Charter To Foreign Posts Accomplished Proceedings of Wednesday, October 17, 2012 107 35 1987 Fall NEC Transfer Of Wayne E. Marchand Post No. 28, Okinawa, From Accomplished Department Of Hawaii To Department Of The Philippines 2 1988 Pre-Conv NEAuthorize Issuance Of Temporary Charters To Foreign Posts Accomplished 25 1988 Spring NEC Transfer Of Wayne E. Marchand Post No. 28, Okinawa, From Accomplished Department Of Hawaii To Department Of Philippines 26 1988 Spring NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 1 1989 Pre-Conv NEAuthorize Issuance Of Temporary Charters To Foreign Posts Accomplished 31 1989 Spring NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 5 1990 Fall NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 45 1990 Spring NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 281 1990 Convention Memorial To United States Armored Forces Obsolete 1 1991 Pre-NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 27 1991 Spring NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 32 1991 Fall NEC Authorize Issuance Of Temporary Charter To Foreign Post Accomplished 32 1991 Spring NEC World War II Commemoration Committee Accomplished 3 1992 Fall NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 9 1992 Fall NEC Authorization For American Legion Magazine To Publish A Accomplished Compilation Of World War II Letters 17 1992 Spring NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 36 1992 Spring NEC Direct Membership Solicitation Study Solutions Accomplished 37 1992 Spring NEC Creation Of Special Committee To Formulate Plans For Accomplished Observance Of 75th Anniversary Of The American Legion 6 1993 Fall NEC Presidential Medal Of Freedom Obsolete 8 1993 Fall NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 24 1993 Spring NEC Change In Meetings Procedure Obsolete 25 1993 Spring NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 44 1993 Spring NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished Supplemental 1 1994 Pre-Conv NEIssuance Of Charter To Foreign Post Accomplished 10 1994 Spring NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 11 1994 Spring NEC 50th Anniversary Of The GI Bill Accomplished 12 1994 Spring NEC The American Legion As Historic Landmark Accomplished 14 1994 Fall NEC Support Women In Military Service For America Foundation Accomplished 22 1994 Spring NEC Smithsonian Exhibit Of The Enola Gay Accomplished 13 1995 Spring NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 28 1995 Fall NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 32 1995 Spring NEC Legal Immunity For Volunteers Accomplished 42 1995 Convention Sponsor And Support Salute To Japanese American Veterans Accomplished 64 1995 Convention National Media Coverage For Military Personnel Obsolete 91 1995 Convention Restoration Of Liberty Memorial Accomplished 93 1995 Convention The Enola Gay Accomplished 94 1995 Convention The Enola Gay Accomplished 100 1995 Convention Commercial Vendors At The Vietnam Veterans Memorial Accomplished 139 1995 Convention Support George C. Marshall Home Preservation Fund Accomplished 7 1996 Fall NEC Use Of Orange Flag Accomplished 14 1996 Spring NEC Flags Of Freedom Foundation, Inc. Accomplished 15 1996 Spring NEC Old Ironsides Pennies Campaign Obsolete 18 1996 Fall NEC Endorsement Of The National Military Heritage Museum Accomplished And Society, St. Joseph, Missouri 20 1996 Fall NEC The National Armed Forces History Hall Of The National Obsolete Museum Of American History 258 1996 Convention Legal Immunity For Volunteers Superseded 2 1997 Pre-Conv NEAuthorize Issuance Of Temporary Charters To Foreign Posts Accomplished 2 1997 Spring NEC Authorize Issuance Of Temporary Charters To Foreign Posts Accomplished 25 1997 Spring NEC Membership Awards Contract Obsolete 26 1997 Spring NEC World War II Memorial (Fundraising) Accomplished 23 1998 Spring NEC President Truman's Executive Order 9981 Accomplished 332 1998 Convention Legal Immunity For Volunteers Superseded 7 1999 Fall NEC Authorize Issuance Of Temporary Charter To Foreign Posts Accomplished 8 1999 Fall NEC Nyroon Chadee American Legion Post No. 1992 Transfer From Accomplished The Department Of Louisiana To The Department Of New York 9 1999 Fall NEC Future National Information Conferences Accomplished 21 1999 Fall NEC National Vietnam War Museum Obsolete 23 1999 Fall NEC National D-Day Memorial, Virginia Accomplished 149 1999 Convention Support The National Veterans Hall Of Honor Accomplished 151 1999 Convention Include Funeral Honors Activity In Consolidated Post Report Accomplished 108 Proceedings of Wednesday, October 17, 2012 3 2000 Spring NEC Change In Eligibility Of Membership In The American Legion Accomplished 11 2000 Fall NEC Change Of Carrier For The American Legion Life Insurance Plans Accomplished 23 2000 Convention Newfoundland American Legion Post No. CN09 Transfer From Accomplished Department Of Massachusetts To The Department Of Maine 23 2000 Spring NEC Authorize Issuance Of Temporary Charter To Foreign Posts Accomplished 25 2000 Fall NEC Authorize Issuance Of Temporary Charter To Foreign Posts Accomplished 47 2000 Spring NEC Support Establishment Of Freedom Museum, Inc. Of Virginia Obsolete 190 2000 Convention Newfoundland American Legion Post No. CN09 Transfer Accomplished From Department Of Massachusetts To Department Of Maine 315 2000 Convention Tax Exempt Status Of Posts Obsolete 2 2001 Pre-Conv NEAuthorize Issuance Of Temporary Charters To Foreign Posts Accomplished 17 2001 Spring NEC Authorize Issuance Of Temporary Charter To Foreign Posts Accomplished 94 2001 Convention National D-Day Museum Accomplished 103 2001 Convention World War II Memorial Accomplished 15 2002 Spring NEC Flight 93 Passengers To Be Awarded Heroism Medal Accomplished 26 2002 Spring NEC Authorize Issuance Of Temporary Charter To Foreign Posts Accomplished 11 2003 Spring NEC National Paid-Up-For-Life Membership Plan Update Accomplished 22 2003 Spring NEC POW/MIA Memorial Services Accomplished 24 2003 Spring NEC POW/MIA Day Of Remembrance Accomplished 25 2003 Spring NEC Authorize Issuance Of Temporary Charter To Foreign Posts Accomplished 29 2003 Fall NEC Authorize Issuance Of Temporary Charter To Foreign Posts Accomplished 163 2003 Convention Replacement Of The Marble Monument On Tomb Of The Obsolete Unknowns At Arlington National Cemetery 1 2004 Spring NEC Enhanced Direct Mail Solicitation (EDMS) Program Superseded 2 2004 Spring NEC Authorize Issuance Of Temporary Charter To Foreign Posts Accomplished 10 2004 Spring NEC Reaffirmation For National D-Day Memorial, Bedford, Virginia Accomplished 26 2004 Fall NEC National Leadership And Information Conferences Accomplished 1 2005 Mail Nascar Sponsorship (2005-2007 Nascar Busch Series) Accomplished 1 2005 Pre-Conv NEAuthorize Issuance Of Temporary Charter To Foreign Posts Accomplished 1 2005 Spring NEC Building The Membership Base For The American Legion Superseded Through Direct Mail Solicitation 9 2005 Fall NEC Nascar Sponsorship (2005-2007 Nascar Busch Series) Accomplished 12 2005 Spring NEC Authorize Issuance Of Temporary Charter To Foreign Posts Accomplished 25 2006 Fall NEC Cancellation Of Post Charter For Post GR165 Accomplished 26 2006 Fall NEC Cancellation Of Post Charter For Eifel Post GR20 Accomplished 27 2006 Fall NEC Diversity And A Veteran Is A Veteran (21st Century) Superseded 28 2006 Fall NEC Disenfranchising (21st Century) Superseded 29 2006 Fall NEC Veteran Outreach Program Superseded 30 2006 Fall NEC Training And Education (21st Century) Superseded 31 2006 Fall NEC The American Legion Post Operations (21st Century) Superseded 32 2006 Fall NEC Cooperation With The American Legion Auxiliary And Sons Superseded Of The American Legion (21st Century) 41 2006 Spring NEC Direct Mail Solicitation-Plus (DMS Plus) Program Superseded 8 2007 Spring NEC Sons Of The American Legion Restricted Account Accomplished 108 2007 Convention Recondition Vietnam Memorial Documents In Washington, DC Accomplished 226 2008 Convention Flight 93 National Memorial Accomplished 244 2008 Convention Support Creation Of Vietnam Veterans Memorial Center On Superseded The National Mall 33 2010 Spring NEC Sons Of The American Legion Restricted Account Accomplished 1 2011 Convention Appreciation To Host City Accomplished 7 2011 Spring NEC Authorization For The American Legion And Legion Racing Obsolete To Enter Into An Agreement With Us Coin Boards, LLC, To Raise Funds For The Legion Racing Freedom Car 24 2011 Fall NEC Termination Of The American Legion Relationship With Accomplished Team Johnson Motorsports 28 2011 Fall NEC Authorize Issuance Of Temporary Charter To A Foreign Post Accomplished

RESOLUTIONS SUBCOMMITTEE MEMBER SCHMIDT: The resolution has the approval of your Internal Affairs Commission, and your Resolution Subcommittee, therefore, I call for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: You heard the motion and we have a second. Any questions. Hearing none, all in favor say aye. All opposed. Motion carried. Proceedings of Wednesday, October 17, 2012 109 RESOLUTIONS SUBCOMMITTEE MEMBER SCHMIDT: Mr. Commander, attached to the Internal Affairs Commission report is Addendum A and Addendum B. I move that the actions of the Internal Affairs Commission become the action of the National Executive Committee. ...Second. NATIONAL COMMANDER KOUTZ: Motion made. I heard a second. Any questions? All in favor say aye. All opposed. Motion carried.

Appointment of Committees: Males Spouse Eligibility Ad Hoc Committee The American Legion Riders Advisory Committee

NATIONAL COMMANDER KOUTZ: I now call on our national adjutant to read the names of the committees for approval of the National Executive Committee. NATIONAL ADJUTANT WHEELER: The commander recommends the following appointments be made: Male Spouse Eligibility Ad Hoc Committee: William M. Detweiler, Louisiana, chairman. David O. Warnken, Kansas, vice chairman. Charles E. Schmidt, Oregon; Ronald F. Conley, Pennsylvania; Paul A. Evenson, South Dakota; Denise H. Rohan, Wisconsin, and Todd E. White, Wyoming. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: I so move, Mr. Commander, the approval of the recommendations. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded to approve. Any questions? All in favor say aye. All opposed. Carried. NATIONAL ADJUTANT WHEELER: The national commander recommends to the members of the NEC that the following members be appointed to The American Legion Riders Advisory Committee to Internal Affairs: Terry L. Woodburn, Illinois, chairman. Thomas J. Haynes, Texas, vice chairman. John Moffitt, Arizona; Michael N. Kirchoff, Florida; Robert B. Sussan, Virginia; David L. Gough, Wisconsin; Don Behrens, Sr., Kansas; Alaina Murphy, New Hampshire; Bill Kaladas, Michigan. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander I move for approval of the recommendations of the national commander. ...Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and second. Any questions? All in favor say aye. Opposed. Carried. I now call on Denise Rohan from Wisconsin, Membership and Post Activities Committee chairman.

Oral Report: Membership and Post Activities Committee Denise H. Rohan, Wisconsin, Chairman

Commander, members of the National Executive Committee, thank you for allowing me to be with you today. You have a copy of my written report in front of you. Included in the report are updates on the current 2013 membership campaign. Please take time to review it. We are off to a good start for 2013, and we hope that the trend will continue. Today is the 55 percent target date, and 52 departments have already met or exceeded that target. We are optimistic that the membership slide will end in 2013. As Chairman Besson alluded to during his report, we have a challenge in front of us, and I certainly hope that we are all up to that challenge. In six years we celebrate a milestone. It's our 100th birthday. Wouldn't it be great to be able to celebrate that point in our history by once again achieving an all-time high. Imagine what message that would send to the communities across this nation and abroad, that The American Legion is as strong as we have ever been. We have stood alongside and behind our veterans, their families, and our communities for all these years. And we will remain a force to be reckoned with for another hundred years. Getting to that all-time high point will require some work on all of 110 Proceedings of Wednesday, October 17, 2012 our parts. There is so much to be done, and that's why we need a plan beginning now that will assist us to reach that all-time high of 3.3 million and 16,500 posts by 2019. To do this, we don't need to reinvent the wheel. The proven tools are already in place and they are working to assist us toward this goal. With one exception. We need leaders and members at all levels of our organization to commit to doing this work. This, ladies and gentlemen, will be your charge. National staff cannot do this for us. The national staff can give you knowledgeable personnel to assist you and the administrative support that you may need. But the job of accomplishing this task lies solely on us. As leaders you should not be asking your members to do anything that you are not willing to do yourself. It is discouraging for the national staff to come into an area to assist with post development and a revitalization only to have the key leaders of that department missing in action. What kind of message is that sending to the Legionnaires who did show up and are there to do the work? It's encouraging to have hundreds of members willing to transfer from the headquarters' holding post into local posts. You would expect that these members would be welcomed with open arms. Instead, they are met with excuses as to why a post doesn't want them: Claiming they are not eligible because of the way that they were recruited. Dislike for the DMS program continues to dominate meetings across this country. I would like to remind everyone here that the DMS program has accounted for close to four million members during its life cycle. Imagine where we would be without it. Isn't that right, Mister NEC from Virginia? George Lussier is a product of the DMS program. It's been discouraging when a veteran students organization group asks for assistance in hosting events on campus or at an American Legion post, and young veterans never hear back from that post. It leaves a bad taste in their mouth. And you not only lose that one prospective member, but you're losing all their friends. I get a little passionate when we talk about forming relationships, because we're not just talking about membership numbers, we're talking about veterans. Veterans who may need our assistance. This breaking down of relationships should get you fired up as well. We are better than this. Rather than breaking down relationships, we should be building relationships because membership is based on those relationships. We should be actively participating in transitional assistance programs in every military community. We should be working with organizations like Marine For Life programs; the Student Veterans Association; transition assistance programs; the National Guard and Reserves; Operation Comfort Warriors. The list goes on and on. At the very least, you should know the military recruiters who are coming to your towns each month to meet with the students there. Those of us sitting in this room should at least know the name of your state adjutant general. The adjutant general is responsible for all of the Guard members in your state. Our National Guard and Reservists need to know that we have their back, and that we are more than just a checkbook. Posts have been very generous about giving monetary donations, but to continue to hand over money with nothing in return which will eventually cause resentment among our members. When I say get to know your military leaders, I mean be there to give them a hand. Meet them face-to-face. Offer to create newsletters for their FRG leagues. Spend breakfast with them on drill weekend. Hold parties for them and their families, before, during and after their deployment. Get them to think of you as part of their family because we are a part of the military family. And let them know that we want them to be a part of our family, The American Legion family. Let them see you and get familiar with you and let them know what we stand for. And when they return home, help them find employment by sponsoring job fairs. Help the businesses in your community to understand the special skills that these well- trained, well-disciplined military personnel can bring to their businesses. Proceedings of Wednesday, October 17, 2012 111 As we show again and again that The American Legion is there for them, we're not only showing our current day servicemembers about our good work, we are also helping veterans of all eras to understand our work in our communities across this great nation. It's time to move membership from the back seat to the front seat, and help veterans understand that in order for us to continue to help current and future veterans, we need members to pay it forward, and the best way to do that is to become a member of an organization that has almost a hundred years of proven service. Now maybe we've just been too busy doing everything else that we forget that membership should be a priority for all of us. Just talking about it and putting it on paper isn't enough anymore. We need to execute. We must be about membership. We have seen the turning in and the dismantling of posts to the point where the total number has fallen below 14,000. In some cases, many of these posts could have been saved with just a little more work. In other cases, we're closing last man standing posts, but we're forgetting to start a new post where those were once standing. Membership and posts are the lifeblood of The American Legion, and it's time to put a plan into action that will restore those glory days that some of you may remember. We want bragging rights to be able to say to this country with all certainty, that our three million members make The American Legion the country's largest veterans service organization. We are already off to a better start than our forefathers were in 1945. In 1945 membership was 1.7 million. Today it is 2.4. Between 1945 and 1946, membership increased by more than 1.6 million. 1.6 million in just one year. We have six years to just get one million of those members. Now I know that our forefathers had a fire in their belly for The American Legion, and they cared about veterans. And we need that same motivation now, all the way down to the post level. Now I know many of you are thinking that you have no idea how difficult this is going to be. A million members while maintaining our old ones. I'm asking a lot. You're absolutely right. I am asking a lot. This is not going to be a walk in the park. I can tell you, however, that it's imperative for us to follow some simple rules and we will see some positive results. First, set aside personal interests and turn our thoughts and our full attention to the tasks that's at hand, and what is best for all of us, for this organization that we love, The American Legion. The second thing we must do is to have one single goal and one single plan that everyone follows regardless of who is in charge. Thirdly, we have the following criteria to assist in sustaining growth and retention both short-term and long-term. One, build new posts and provide assistance to the struggling posts. Two, have a functioning department membership team. Three, utilize headquarter post members to develop and revitalize American Legion posts. Four, have an effective means to communicate with your members. Five, participate in a reconnect program. Six, increase your number of traditional new starts and have a plan around building new posts. Most of us are probably not aware that when the all time high was attained in 1946, there were more than 2,500 new posts formed that year. At the same time, there was an eligible veterans pool of around 16 million. There are more than 14 million veterans who right now have the potential to be members of The American Legion. Fourteen million who do not have a post home and it's probably because no one has ever asked them. Now, we know we're not going to sign all of them up, but it is not going to be from lack of trying. We may not know who they are, but we do know where they are. In front of you is your state's eligible population broken down by counties. Represented in this report are the numbers of posts, the total of members, both traditional and DMS, veterans 112 Proceedings of Wednesday, October 17, 2012 population with total number and the percentages in the eligible pool, total number and percent. This report shows you where your greatest potential lies, and where you might want to focus your efforts. Just imagine, over the next six years using those new posts as a catalyst for growth. With 2,500 new posts being formed, and an average of sustained membership of over two hundred, it gives you the potential of 500,000 members that puts us halfway to the million member point needed for that all-time high. You don't have to wait for someone else or for the staff here at national to design a plan for you to start. You can start right now. Everyone here already possesses the knowledge and the expertise to do this. Nothing I've talked about today should be new to any of us. Just follow the two simple rules: Sign up more members than you did last year, and do a better job keeping the members that you already have. It's been a long time coming, and each of the departments represented here need to take an active role if we're going to accomplish our mission. We need to challenge ourselves. Our goals can no longer be set by sustaining membership or as it has been in the last several years, basing membership goals on membership less than our previous goal. We must have goals that will move us forward. No one, and I mean no one should be exempt from being involved. It will take a collective effort from all of us to pull this off. It can be done. I promise that I, along with the Membership Committee and the national staff are here to assist you any way that we can. Commander Koutz, thank you for allowing me this time. (Applause)

Report: Membership and Post Activities Committee Denise H. Rohan, Wisconsin, Chairman

2013 Renewal Campaign

The 2013 membership campaign has gotten off to a great start. Fifty-two Departments exceeded the 50% target date on September 12, 2012. The 55% target date is October 17, 2012 and fifty-two Departments have already made this target. Current 2013 membership is 1,327,973. Our current National percentage is over 66% - nearly 2% higher than this same time last year. We hope this total by the target date is able to exceed 70%. In 2012 we finished with just over 96% in the area of traditional members – renewals and new starts combined. It will be imperative that we not lose ground in these areas if we expect to meet our goal for 2013. Both areas currently are running comparable to last year. Names of those DMS 99 members who have renewed are being provided to the Departments and are also used in the post development program. Access to these members is available through myLegion.org. The 189,000 members acquired in 2012 will continue to receive additional communications in the form of post cards and e-mails. In addition, these members will receive seven renewals rather than the standard five. It is hard to say how much of an impact the additional mailings will have on the DMS renewals but the communication remains critical in informing the members of ongoing topics of The American Legion. The second renewal was just completed. Post development efforts are on an upswing. Efforts have taken place in Tennessee, California, Illinois, Michigan and Vermont. Upcoming events during the months of November and December will include; Kansas, Wisconsin, Utah, Arizona, Massachusetts, California, Illinois and New York. On average each one of these events are producing from 200-350 new, renewed and transferred members. With the change Proceedings of Wednesday, October 17, 2012 113 from focusing on efforts one post at a time to entire Districts we have been able to expand training and of course receive better results.

2013 DMS Campaign

Currently 85,312 members have been acquired – 5,697 less than this same time last year. The goal for the year is 210,000 members. This group of members will receive their first communication in mid-November. Information in this mailing and e-mail will place an emphasis on transferring to a local post as well as highlight issues and projects in which The American Legion is involved. This will be followed up in the months to come with additional mailings and e-mails.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, motion to receive and file the report of the Membership and Post Activities Committee. There are no resolutions and no addendum. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Motion carried. Thank you, Denise. Mr. Adjutant, are there any announcements? NATIONAL ADJUTANT WHEELER: No, sir, I have no announcements. NATIONAL COMMANDER KOUTZ: We'll recess for lunch and be back in here at 1:30 p.m. promptly. Stand, salute the Colors. ...The National Executive Committee rendered a salute to the Colors. ...At 12:25, p.m., the National Executive Committee stood in recess.

Wednesday, October 17, 2012, Afternoon Session

...At 1:30 p.m., the National Executive Committee was called to order by National Commander James E. Koutz, and the following proceedings were conducted. NATIONAL COMMANDER KOUTZ: Salute the Colors. ...The National Executive Committee stood and rendered a salute to the Colors.

Announcements

NATIONAL COMMANDER KOUTZ: Be seated. I now call on National Adjutant Dan Wheeler for some announcements. NATIONAL ADJUTANT WHEELER: This morning we raised for Children's Miracle Network $500; NEF $7,000; Legacy Run $10,000 and the remainder of that is $31,487. Fifteen hundred and forty dollars of which was in cash from the NEC. So all together this morning, $49,007 was raised, of which $31,487 was for the Commander's project, Operation Comfort Warriors. And those of you who had the pleasure of serving with Nancy Vaughn, as national commanders or aides to the national commander, she is having a surprise 'thank you' party in Room 301 at 2:30. She doesn't know anything about this.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, could I approach? NATIONAL COMMANDER KOUTZ: Jerry Hedrick. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, members of the National Executive Committee and friends. I sat in here this morning and I listened to Larry Besson talk about our membership problems. I heard Al Ford come up here and give a very moving speech about membership and what's going on in his own state. Then I heard the National Membership and Post Activities Chairman Denise, get up here and give a very appealing speech to us about membership. Now, you guys did get a 30 minute lunch. I took the subcommittee back to the subcommittee room, and I told them that I thought, listening to what they all said, that we need to start something in motion to start some kind of plan to look at our membership if we're going to even think about reaching our goal by the 100th anniversary of The American Legion. So Mr. Commander, with your approval, we came up with a resolution from the subcommittee that we would like to present at this time, if it's okay. NATIONAL COMMANDER KOUTZ: Yes, sir. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Now, nobody has a copy of that resolution. If the staff passes these out before I read the resolution, they will be coming down the aisles with them. While they are doing that, you'll hear a few more speakers, and I know the staff folks, they give a very detailed plan, pretty detailed of what Larry and Al and Denise said. But I think that there's a couple other people that would like to talk to you, not to be that long, but membership is the life blood of this organization. If we don't have membership, we can't have anything else. It involves our programs. It involves everything. I hope that you'll support this resolution. I will be reading the resolution in its entirety.

Resolution No. 64: 5-Year Membership Plan Origin: Subcommittee on Resolutions Submitted by: Subcommittee on Resolutions WHEREAS, The Membership & Post Activities Committee and the Internal Affairs Commission have demonstrated to the National Executive Committee that they are confident that The American Legion can grow its membership if there was a commitment 116 Proceedings of Wednesday, October 17, 2012 from national to the post level in developing and implementing a long-range plan at all levels of the organization; and WHEREAS, The essential element in growing our membership is developing new posts in communities where we have a population of veterans that are not members of The American Legion and consolidating posts where advisable; and WHEREAS, They believe that the direction provided by the 21st Century Report is more relevant than ever, and that the necessary membership tools already exist to grow our posts; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That the National Executive Committee, having full confidence in the ability of the Internal Affairs Commission and the Membership & Post Activities Committee, does hereby direct that they develop an integrated five-year strategic plan for the purpose of developing posts and growing membership; and, be it further RESOLVED, That once this plan has been accepted by the National Executive Committee, that it will be revised as required at the end of each membership year and those revisions shall be reported to the National Executive Committee; and, be it further RESOLVED, That the five-year strategic plan for growing membership shall be presented to the National Executive Committee at its May 2013 regularly scheduled meeting; and, be it further RESOLVED, That while it would be expedient to task only the Membership & Post Activities Committee with developing a five-year plan, that the National Executive Committee does hereby direct the National Commander and National Adjutant to make available to said committee any and all resources currently available to draft such a plan, and the National Adjutant is authorized to expend reasonable travel funds in order to bring no more than seven Legionnaires, not including the Chairmen of Internal Affairs and Membership & Post Activities, with the required experience and knowledge in membership to no more than two meetings in Indianapolis for the purpose of finalizing the plan; and, be it finally RESOLVED, That every community having a significant population of veterans deserves the opportunity to have an American Legion post, and no department shall thwart or impede such an initiative.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This comes from the Subcommittee on Resolutions, and Mr. Commander, I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and you heard a second. Any discussion? RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Yes, Mr. Commander. I would like to start this discussion. I sat right there in that chair and I was very impressed with what all three people said to me. I've been a member of this Executive Committee for 18 years. And I was here at the start of the three million, and now I don't like to say declining, but we're decreasing in our membership. We have got to have some plan if we as an organization, and everybody I'm looking at out here this afternoon, you've been sent here because you are one of the leaders in your own department. You are the right arm of your department to this organization. And we were sent here to do the good of The American Legion, and what other good could it be, than growing our membership. The tools are here. You heard all that. I'm not going to repeat all that. The tools are here, but if you as a leader, don't take this resolution back to your departments and ask them to grow a five year plan for their departments, to grow its membership, and if we all Proceedings of Wednesday, October 17, 2012 117 do that, we can reach the attainable goal that we're talking about. But we have to do something. As you heard them say, if we take DMS out of this membership equation, we're less than two million members. If DMS can mail a letter out to any member, if they sign up 150,000 members in one year, surely to God we could go to our own departments and local communities and either create posts or grow our membership. I'm as guilty as anybody. North Carolina, we have 726,000 eligible veterans. You know what our department membership is? Thirty-nine thousand. Figure that. Nationally there's 16 million veterans available. We have 2.4 million. That's equates to roughly a little over 14 percent of our membership base. They're out there. I don't have the golden plan, the golden egg as they may say, but you as leaders, I've got confidence that you can go out there and do what it takes to get this membership base moving forward again. We all love this organization or you wouldn't be up here spending your time and your money to come here with The American Legion. We all love it. And I set here for the last five or six years and we do resolution after resolution for the good of The American Legion. But this is one time that we need to put a lot of emphasis on our membership program. I ask you, please, when you leave here, don't put this in a folder and then not take it out. You've got to take this resolution back; get your membership team, and not only your membership team, your whole department that comes to your meetings. You've got to enthuse them and explain to them. Now I don't like to be a negative person. I'm not negative. I like to be positive. If you stay positive, you can make things happen. You start saying, "Well, we can't do this, we can't do that," then that's what you're going to do. We've got to think we can grow our membership, and I know we can. I plead to you. Please go back with this resolution and then when we come back at the May meeting, the national commander I'm sure will have a group of people he's got in mind to come to some meetings here, to present a plan at the May meeting that will help all of us to go even farther, but right now we need to go back and be prepared to get ready for what this committee will do, so when the May meeting comes, we will have that plan that we said we're in place, all we need is some ideas we can take back. You've all got wonderful ideas. Al Ford has done wonderful starting new posts throughout the communities. The 21st Century Report. I was here when that was brought up. I'm begging you. I use that word begging. Please go home with the good of The American Legion to heart. How many people think you can do it, raise your hand. Come on. If you don't think you can do it, you shouldn't be sitting in this room. That's the way I feel about it. You think we can't grow membership, we got the wrong person here. God bless you, thank you. (Applause) NATIONAL COMMANDER KOUTZ: Any other discussion? Commander Jake. PAST NATIONAL COMMANDER COMER: Mr. Commander, through you to Jerry. Jerry, I know the fire in your belly, and I compliment you on that fire, and we're all with you. I just want to ask a technical question so as not to avert this resolution, because we still have time to bring it back if what I think is wrong, but you tell me if you have already looked into it. This does not have the approval of the Finance Commission, and you're asking for money for seven individuals to come to Indianapolis. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: I can't answer that. NATIONAL COMMANDER KOUTZ: Commander, the Subcommittee has done this before and the NEC has approved all expenditures without being approved by the Finance Commission beforehand. PAST NATIONAL COMMANDER COMER: Just raised the point. NATIONAL COMMANDER KOUTZ: And the NEC has all the authority for all expenditures of this money. Any other questions? 118 Proceedings of Wednesday, October 17, 2012 NEC MEMBER SCHMIDT (OR): Commander, and members of the NEC. Charles Schmidt, Department of Oregon. I rise to support Resolution 64. We've heard a lot about membership this morning in the reports from our chairmen and also from Mr. Al Ford. And we've also heard some things about the Blueprint for the 21st Century. And if you've had a chance to read that blueprint that's in the Officer's Guide 2012, as it says, the resolution is still relevant today as it was the day it was written. And it says specifically that service to our veterans begins with our membership base. Our membership is us. It's what we do. It's how we do it. It is our voice on Capitol Hill, and our membership base will determine how strong that voice is. We need a strong voice in this day on Capitol Hill with all the issues that our veterans are going through such as employment, health care and jobs. We need to keep that voice strong, and to keep that voice strong is through a strong membership. We cannot afford for that voice to become a soft whisper. Also, our posts form that foundation for which our Four Pillars stand on. It enables our members through their post activities to go out and serve the community, serve our state and serve our nation. You know, since the birth of our organization, we have enjoyed some milestones, significant milestones in membership that you've heard this morning, and we also heard this morning that since the 1990s our membership has been on a gradual descending glide slope. And to use Air Force term, we need to grab the stick. It's time to grab the stick and gain some altitude in our membership numbers. My comrades of the National Executive Committee, we are here to help guide and direct this organization, just as those before us have done. And we should be inspired by those who have left us a legacy for us to carry on. We've heard of some words of two of those individuals this morning. Teddy Roosevelt, Jr., and Past National Commander Kogutek. It's time for the NEC to approve Resolution 64, so we can carry on that legacy. It's our watch. We have to look at ourselves. How do we want our organization to look by the time it comes for that 100 year celebration. We've heard it's not going to be necessarily a pie in the sky, but through our efforts, not only in this room, but when we get home, perhaps it won't be the pie in the sky, but it will certainly be icing on the cake. So I recommend that we approve Resolution 64. That the competent Internal Affairs staff, commission and our membership team go to work and prepare a five-year strategic plan. But again, that doesn't solve the problem. That just points us in the right direction. It will be up to us once we receive that plan and approve that plan and accept that plan, as Jerry said, then it's up to us to take it home and share it, disseminate it, implement it and execute it. I ask your support for Resolution 64. (Applause) NATIONAL COMMANDER KOUTZ: Any other questions? Past National Commander Conley. PAST NATIONAL COMMANDER CONLEY: First of all, I commend Jerry and his subcommittee for passing up some of their lunch time to go back and write this resolution. And I know everybody in here is saying, "Oh not again. Somebody else is going to get up and speak about membership." But I want to talk about how we went today from the past to where we are now. By having Mr. Roosevelt here and presenting us a picture of his grandfather, and about exactly what happened and transpired back when this organization first started. Nobody at that time had any negative attitudes. They all had a positive attitude on how they were going to go out and they were going to do something for the veterans of this nation. That's the same commitment that each of you have made here today. We're going to do the same thing. We're going to go out and work for the veterans of this nation. The national commander can tell you when he went and testified before Congress just a couple weeks ago, the congressmen turned around and said that he looks forward to the report he gets from The American Legion dealing with the hospitals and what we find Proceedings of Wednesday, October 17, 2012 119 out and what's going on. Those veterans in those hospitals and veterans in this nation are depending on The American Legion. But what happens with any company, a company goes under if they don't have a good plan to stay in business. So we need a plan to stay in business. You can't operate one year at a time. You're all here as National Executive Committeemen, but it's been said over and over again, that you are the board of directors of this corporation. As a corporation, we have to have a plan. We have to carry this corporation into the future. Some of us already have been advised of the 21st Century Report, but we need to pull ourselves together, try to develop a five-year plan and continue that plan each and every year so that we're in a business to say in business for the good of this country. That's what we need to do. This is the greatest organization and I'm so proud to have an opportunity to serve in The American Legion. But one of the things that we do, and Jerry mentioned it, we become defeatists. We give reasons why we can't succeed. In my own department they sit down and they develop a budget every January with an automatic 5,000 member decrease to operate that budget. If your department operates with a deficit of membership each and every year, you've already committed yourself to be defeated. So you have to sit there and develop a plan. The first thing you have to do is stop the slide. Then the next thing you have to do is develop a plan on how you're going to grow in the future. I'm a hundred percent behind Jerry and his committee, and I totally thank them for taking the time to write this resolution, and I wholeheartedly support it. (Applause) PAST NATIONAL COMMANDER COMER: Comrade Commander, NECmen Jerry and Charlie and Past National Commander Conley have put it all together in the right form. I move the question. NATIONAL COMMANDER KOUTZ: Commander Jake would you withdraw your motion until Fang gets done? PAST NATIONAL COMMANDER COMER: For Fang Wong? Seeing he's a Past National Commander, I withdraw it. PAST NATIONAL COMMANDER WONG: Thank you. Good afternoon members of the NEC. It gives me great honor and pleasure to hear that we are taking a look at Resolution No. 64. Four years ago when I started my press to be your national commander, I started looking for information, and I came upon the report of the 21st Century. I had a chance to look through it, and I thought it was great. I actually used that the last couple of years when I was a candidate, and some of you have heard some of the things that I put out at that time. So I'm not going to bore you with the details, or the six resolutions generated out of the 21st Century. I just wanted to point out a couple things. The most critical point of the 21st Century plan, basically they ask The American Legion, at all levels to commit in a visionary leadership at any level. They ask that we empower and encourage our comrades to use the ideas to make things better. And the key point that I picked out of the 21st Century plan is they ask for continuous process improvement. I passed it on. I looked at the six resolutions. I thought they were all great. The problem starts when I start traveling as your national commander and I visited the departments. We have great people out there, the problem is, why do we go down by five percent in membership every year, when we have so many great leaders out there? I came away at the end of my year with a couple things that I felt we needed to be looking at and considering. It's a problem of accountability. Every year we have a new commander. A national commander, department commander, district commander, post commander. Every year we have a new commander. Every commander has ideas on how to do things, and yet at the end of the year, everybody did a good job, great job, and every year we fail to get a hundred percent. I don't consider my year as successful as some of you have been trying 120 Proceedings of Wednesday, October 17, 2012 to tell me, trying to impress me, but you did a good job. No, I didn't. We didn't get the hundred percent. Why should I walk away and feel good about it? Accountability is what we need to take charge of. You need to take that seriously. The other thing is continuity, because we change leadership at every level every year, people always come in and think that I have a better idea than the last guy. I want to do it my way. And the next year there's a smarter guy comes around and says I want to do it my way. And every year we try to reinvent the wheel. And that goes on and on and on. Third thing, communication. We walk away from here with tons and tons of paperwork. We turn on computers and we get all kinds of great things, programs that will help you keep membership. But it's pretty bad if your national commander goes out there and saying to prospective members that this is what The American Legion will do for you, blah, blah, blah blah, a,b,c,d,e,f, and that individual goes out to the post or changes from the DMS post to one of your local posts, and finds out that the posts have no clue of what you're doing. What does that tell that individual? Either the national commander is a liar, or The American Legion is not what The American Legion is all about. I walked away after one year, 366 days plus this year is a leap year, I got an extra day, and I walked away and I said that accountability, continuity and communication is what's causing the problem. I love this plan. Why? Because for the first time that if we adopt this and put forward a plan, that will help our future commander to do the job much easier. The plan is simple. Here's the goal. All he has to do or she has to do is follow that, and at the end of a certain period, you measure. Are we there? If we're not there, why? How come we're not there, and make your corrections. If you're there or you pass that, great, continue on. Simple. But it won't happen if you don't know where you start; you don't know where you are; you don't know where you're going as an organization. So it's important that we have a plan to help the commander to guide him and also give a clear message to everybody involved where we're going. You know, I happen to remember this morning when you talked about Past National Commander Kogutek. He said something about membership, and I thought it was pretty important. He said, "I just take the bull by the horns and try to get things done." We're going to get some programs that may not have been clearly enough defined in the past, into the right perspective. And we're going to arouse the interest of the Legionnaires everywhere to solicit their help. Well, this body, 14 years ago, adopted those six resolutions. In 2006 we reconfirmed them and adopted the resolutions again. Just this morning you voted for the same six resolutions. Great thing. I think it's about time that we put those six resolutions together and build a plan based on the meat inside those resolutions so that national could tell you clearly where we're heading. You could take it back to your department and develop your plan to tell your department membership where you want to take your department, and hopefully your districts and your posts will develop their plan, because everybody is a little brick of this great wall. China. That's how we built it. (Laughter) That's the importance of adopting the resolution. It's important that we have a plan, so that next year we don't have to stand here and tell you how important membership is. Everybody agrees membership is important. How we do it is more important. So thank you for the opportunity. I hope we get this through, and I hope that we start our first step tomorrow. Thank you very much. Thank you Commander. (Applause) NATIONAL COMMANDER KOUTZ: Thank you. Past National Commander Ludwig. PAST NATIONAL COMMANDER LUDWIG: Thank you, commander. Good afternoon. I'm really excited about what I'm hearing and seeing here today. We really have a challenge. Let me just give you a couple numbers that I hope will scare you as much as they scare me. Proceedings of Wednesday, October 17, 2012 121 How many people represent departments of 50,000 members or less? Okay. In Minnesota we work pretty hard in membership, but in the last 20 years my department has gone down 50,000 members. We were at 137,000 members at one time, and now we're at about 87,000. We still have over 20 percent market penetration which isn't probably all that bad on the average. But this needs to stop. Twenty percent market penetration would be, as a national average, should be easily achievable. That's one out of five and we're at 14 percent. If everybody would have done what Al Ford and his committee and the Department of Michigan did, if everybody would have responded in like manner, we would have 2,500 more posts today than we do. And we'd probably have somewhere in the neighborhood of 300,000 to 400,000 more members than we have. So we have a shining example that when you put the emphasis and the effort, we can make it happen. Ladies and gentlemen, I too, like all of you, love this organization, and I want to see it thrive and be healthy and be embracing to these young war veterans that are coming home today. We need to give them a vibrant home to be a part of. It's our challenge and it's our future. Let's support the resolution, and then more importantly let's go home and make it work. Thank you. (Applause) NATIONAL COMMANDER KOUTZ: Any other questions? Seeing none, you've heard the motion and second. All in favor of this resolution say aye. All opposed. Motion carried. I now call on G. Michael Schlee, Department of Maryland, for the National Security Commission report.

Oral Report: National Security Commission G. Michael Schlee, Maryland, Chairman

Thank you national commander. You have a written copy of the report in front of you. I would just like to highlight some of the important issues. Your National Security Commission met on Monday. We were honored to have in our audience three past national commanders, Clarence Bacon, Tony Jordan and Dave Rehbein, and we thank them for their attendance and participation. After the introductions we considered 13 resolutions duly before the commission. Of that number, eight are recommended for approval. Of the eight, four of those resolutions deal with the processing and care for our wounded and ill armed forces members. A fifth resolution supports the Patriot Academy run by the National Guard, which I promised to bring before you at the Pre-NEC meeting prior to the 94th National Convention. Following this discussion of resolutions, we had an update briefing and a long- ranging discussion on the defense budget and sequestration. We reviewed what was going on, what will happen if nothing occurs on January 1. The effect which has been described to us by Secretary of Defense Leon Panetta is devastating on the armed forces. As a result of this far-reaching and comprehensive discussion, we drafted a resolution which I think is now Resolution No. 55 that you will be considering after my formal report. Your National Security Commission strongly believes that kicking the can down the road is not the way to provide for the national defense, and that's precisely what we're doing now. If you want some additional information on both the defense budget and the effects of sequestration, at the 94th National Convention on Monday afternoon we held about a four-hour national security symposium at the convention center. You have a copy of the DVD on your desk. It's good stuff. Four experts from Washington, and believe it or not, there are some experts in Washington. (Laughter) Including former Congressman Ike Skelton of Missouri, former chairman of the House Armed Service Committee discussed the issues, discussed the effects of sequestration, and spell it out in an abbreviated version that is on your desk. 122 Proceedings of Wednesday, October 17, 2012 Following that discussion the commission also discussed at length what I believe is a national disgrace, and that's the declining of requests for absentee ballots by military members. If there are national disgraces, this is one we should all hang our heads about. The figures I saw is there were 70 percent less requests for absentee ballots than there were in the 2008 election. So that's shameful. I want to commend our national commander for the excellent statement he put out last Friday and for including this important issue in his opening remarks this morning. On Tuesday your commission reconvened jointly with Foreign Relations. We heard the consul general of Israel to the Midwest. Additionally, your National Security Commission separately that afternoon or late that morning, and recommended approval of Resolution No. 55. In closing, I do want to acknowledge the staff. We have Director John Stovall, Deputy Director Joe Grassi, and Freddy Gessner hiding behind the pillar over there. And I thank them for all the support they give. I certainly want to thank you, national commander, members of our NEC Liaison Committee and members of this National Executive Committee for your continued support. National defense is everybody's business. The opening of a very important document which I carry around with me frequently, I did it for years and then started carrying it again, this Constitution opens with the lines: We the people. And on the fourth line down, it says: To provide for the common defense. It's our responsibility. Thank you, gentlemen. (Applause)

Report: National Security Commission G. Michael Schlee, Maryland, Chairman October 15-16, 2012

An executive session of the National Security Commission met on October 15, 2012 in the Circle Center Conference Room of the Sheraton Hotel, Indianapolis, Indiana, to discuss current national security issues facing the United States and review and consider 13 resolutions. National Security Commission Chairman Schlee opened the meeting and welcomed Past National Commander Clarence Bacon of Maryland, Past National Commander Tony Jordan of Maine, and Past National Commander David K. Rehbein of Iowa. The National Security Commission was honored by their attendance and very appreciative of their participation in the commission's business discussions. The committee and council chairmen were introduced and thanked for their service. The commission proceeded to consider the 13 resolutions. After review and discussion, eight resolutions are recommended by the commission for approval: Piracy Against American Flagged Vessels; Military Honors Detail Stipend; National Guard Patriot Academy; Clark Veterans Cemetery; Standardize Care for Recovering Warriors; Military Services Authorized Strength; Enhancements to Integrated Disability Evaluation System Process; and Develop Joint Department of Defense/Department of Veterans Affairs Rehabilitation Capability. The recommended action on five additional resolutions is contained in Addendum A of this report. Director John Stovall gave an in-depth presentation on the current status of the questions surrounding the upcoming defense budget. In terms of the Defense Budget, the specter of sequestration is looming over the military, the government and the entire economy unless Congress and the Administration take action now. The Defense Department is facing disastrous additional cuts of $500 billion. Secretary of Defense Leon Panetta has said these additional cuts would be "devastating" to the military. Proceedings of Wednesday, October 17, 2012 123 An additional resolution was drafted, coordinated with our Legislative Commission and approved by the commission for your consideration which strongly opposes the devastating cuts of sequestration and urges that we -- The American Legion – energize our plan to counter this threat to our national security. We firmly believe that "kicking the can down the road" is no way to provide for the common defense. This resolution reiterates the American Legion's support for a fully funded military, and demands that Congress stop any further cuts to the defense budget. This is a vitally important issue that affects every aspect of our national security. To get more excellent information on the budget and the state of the military today, I strongly encourage you to watch online the 2012 national security symposium, which was held during this year's national convention. Symposium speakers include defense budget expert Mackenzie Eaglen from the American Enterprise Institute; Marine Lt. Col. Joseph Gallagher III; former House Armed Services Chairman Ike Skelton; and Vice President of Military Programs at Allison Transmission, retired General Ed Dyer. To view it, simply go to www.legiontv.org, click on the "on demand" tab and select "watch" for "symposium event." A copy of the edited DVD of this symposium is available to each of you to assist in your support of the efforts to keep American strong and avert the crippling effect of sequestration on our defense and our men and women in harm's way. The commission also discussed concerns over reports that numbers of absentee ballot requests from servicemembers are down by 70 percent since 2008. In response, The American Legion is urging the Department of Defense (DoD) to step up its efforts in the final weeks before Election Day to get out the vote among its troops. We applaud National Commander James Koutz for his strong statements on behalf of our fighting men and women published last week. The National Security Commission echoes the National Commander's words when we say "There is no reason why our troops – serving far from home and in harm's way – should be denied their right to vote because of failures in the military bureaucracy." On Tuesday, October 16, the National Security and Foreign Relations Commissions met in joint session at the Circle Center Conference Room of the Sheraton Hotel in Indianapolis. We received a briefing on US-Israel relations and security cooperation from the Consul General of Israel to the Midwest Roey Gilad. In a separate session, the National Security Commission reviewed the new resolution (Protecting the Defense Budget) and heartily recommends its approval by this august body. The National Security Commission thanks National Commander James E. Koutz, our NEC Liaison and the distinguished members of the National Executive Committee for their continuing support.

Addendum A

Received and Recorded

Resolution No. 188 (VA) (2012 Natl. Conv.): Heroes Vote Initiative

Disposed of Administratively

Resolution No. 185 (GA) (2012 Natl. Conv.): Heroes to Hometowns (H2H) Wounded Warriors (W2) Program Resolution No. 194 (MI) (2012 Natl. Conv.): K-9 Veterans Day Resolution No. 245 (PR) (2012 Natl. Conv.): Sergeant Cartagena Resolution No. 246 (PR) (2012 Natl. Conv.): USS Ponce 124 Proceedings of Wednesday, October 17, 2012 RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Motion to receive and file the report of the National Security Commission with the exception of nine resolutions and one addendum. ...Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and second. Any questions? All in favor say aye. All opposed. Motion carried.

Resolution No. 26: Piracy Against American Flagged Vessels Origin: Resolution No. 12 (MT) 2012 National Convention Submitted by: National Security Commission WHEREAS, The United Nations Security Council recently adopted a resolution calling for a thorough international response to piracy; and WHEREAS, The Security Council has reiterated its condemnation of maritime piracy and armed robbery at sea off the coast of Somalia; and WHEREAS, The Security Council declared that flag states must assume this fight against piracy; and WHEREAS, The Security Council resolution renewed its calls on state and regional organizations that have the capacity to take part in the fight against piracy to do so in accordance with its resolution and international law by deploying naval ships, arms and military aircraft, and through seizures of boats, vessels and any other equipment used to carry out acts of maritime piracy or for which there is reasonable ground to suspect that they will be put to such use; and WHEREAS, The resolution adopted unanimously by the Security Council recognized the need to investigate and prosecute not only suspects arrested at sea, but all those who facilitate piracy, including key figures of criminal networks involved in organizing, financing and benefiting from piracy; and WHEREAS, The Security Council also extended for another year the authorization under which states and regional organizations cooperating with the Transitional Federal Government (TFG) may enter Somalia's territorial waters to suppress piracy and use all necessary means to stop the crime; and WHEREAS, Member states are urged to assist Somalia, at the request of the TFG and with notification to the UN Secretary General, to strengthen its capacity to bring to justice those using the country to plan, facilitate or engage in acts of piracy and armed robbery at sea, stressing that any such measures must be consistent with international human rights law; and WHEREAS, The Security Council reiterated its decision to continue its consideration of the establishment of the specialized anti-piracy courts in Somalia and other states in the region with international participation and support; and WHEREAS, The Security Council urged all states to take appropriate actions under their existing domestic law to prevent the illicit financing of acts of piracy and the laundering of its proceeds; and WHEREAS, The Security Council also calls upon states, in cooperation with the international police organization, Interpol, and the European law enforcement agency, Europol, to further investigate international criminal networks involved in piracy off the coast of Somalia, including those responsible for illicit financing and facilitation; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion requests the President of the United States to direct the Secretary of Defense to provide the military force necessary to protect American flagged merchant vessels transiting areas of known pirate activities; and, be it further Proceedings of Wednesday, October 17, 2012 125 RESOLVED, That the President of the United States encourage the Congress of the United States to enact legislation to severely punish those found guilty of committing piracy against American flagged vessels; and, be it finally RESOLVED, That the government of the United States cooperate with international law enforcement agencies to investigate those criminal networks providing illicit financial assets and laundering of proceeds.

RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: This resolution has the approval of the National Security Commission, your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: You have heard the motion and second. Any questions? All in favor say aye. All opposed. Carried.

Resolution No. 27: Military Honors Detail Stipend Origin: Resolution No. 191 (NY) 2012 National Convention Submitted by: National Security Commission WHEREAS, The Veteran Service Organization (VSO) Honor Guards support the National Guard, US Army, US Marine Corps, US Navy, US Air Force, and US Coast Guard in presenting military honors for eligible Veterans; and WHEREAS, Provided by law, a Military Honor Guard Detail shall consist of not less than two members of the Armed Forces; of whom one member of the detail shall be a representative of the service of the deceased veteran; and WHEREAS, The Military Honor Guard Unit will, at a minimum, perform a ceremony that includes folding and presentation of the American Flag to the next of kin and the playing of Taps; and WHEREAS, The VSO, in the absence of the Military Honor Guard Unit, will perform all aspects of a Military Honors Funeral; and WHEREAS, In the past, Department of Defense budgeted a stipend to the VSO Honor Guard Detail in the amount of $50.00 per funeral to help toward travel, maintenance of weapons, and upkeep of uniforms in the absence of Military Honor Guard; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion urge the Congress and Department of Defense to reinstate the stipend for Veteran Service Organization Military Honors Details.

RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: This resolution has the approval of the National Security Commission and your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: You heard the motion and second. Any questions? All in favor say aye. All opposed. Carried.

Resolution No. 28: National Guard Patriot Academy Origin: National Security Commission Submitted by: National Security Commission WHEREAS, The National Guard Patriot Academy, located at the Muscatatuck Urban Training Center in Butlerville, Indiana, was an institution established in 2009 for a pilot program dedicated to giving high school dropouts the opportunity to join the National Guard, obtain an education and give back to the community; and WHEREAS, The Patriot Academy was the first and only accredited high school for soldiers to be run by any branch of the U.S. Armed Forces; and 126 Proceedings of Wednesday, October 17, 2012 WHEREAS, The Patriot Academy operated as a full-time Title 10 National Guard Military Academy in an academic atmosphere that provided student soldiers with the resources to earn a high school diploma as well as cultivate personal growth with life, military, and employment training; and WHEREAS, In the last three years 443 student soldiers have received state of Indiana accredited high school diplomas from the Patriot Academy; and WHEREAS, The Patriot Academy students soldiers contributed more than 15,000 hours of community service to non-profit organizations, charities and local schools such as participating in Veterans Day and Memorial Day ceremonies, contributing in river clean-up events and planting trees in cities and county parks among other community improvement efforts; and WHEREAS, In 2012, the National Guard was given a directive by the Secretary of Defense to find and implement cuts to its budget and subsequently the decision was made to end Patriot Academy pilot program; and WHEREAS, The American Legion recognizes the success demonstrated by the National Guard Patriot Academy since 2009; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion urges the Administration, Congress and the Department of Defense to re-establish The National Guard Patriot Academy Program in Butlerville, Indiana; and be it further RESOLVED, That The American Legion urges the Administration, Congress and the Department of Defense to expand the National Guard Patriot Academy Program to other states by establishing new pilot programs across America.

RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: This resolution has the approval of the National Security Commission and your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor of the motion say aye. All opposed. Carried.

Resolution No. 29: Clark Veterans Cemetery Origin: Register Resolution No. 2675 (PA) 2012 DEC Submitted by: National Security Commission WHEREAS, The United States closed its military bases in the Philippines in 1992; and WHEREAS, The devastation caused by the volcanic eruption of Mount Pinatubo in 1991 caused the United States Air Force (USAF) to leave Clark Air Base on the Philippine island of Luzon; and WHEREAS, For almost fifty years the USAF maintained the Clark Veterans Cemetery on the U.S. Clark Air Base; and WHEREAS, This cemetery was established in 1948 to receive and honor the remains from four other United States military cemeteries that date back to the Spanish American War, cemeteries Fort Stotsenburg One and Two, the Canacao Naval Hospital at Sangley Point, and the Fort William McKinley Army Cemetery in Manila; and WHEREAS, Over eight thousand veterans and their families and others authorized for U.S. interment repose in the Clark Veterans Cemetery, with more than half being the American veteran dead of all services; and WHEREAS, Following the base closure in 1991 the Clark Veterans Cemetery fell into disrepair and disgrace because provision was not made by the United States Government for its perpetual care; and Proceedings of Wednesday, October 17, 2012 127 WHEREAS, Veterans of Foreign Wars Post 2485, with assistance of members of The American Legion, have labored since 1994 to maintain the military cemetery and honor the hallowed ground and the traditions of warrior burial without support of the United States Government; and WHEREAS, An Associated Press news article on the depressing state of the cemetery and the valiant efforts of retired veterans to support and sustain it recently appeared in newspapers throughout the United States on the fourth of July 2011; and WHEREAS, The United States Government, through the Department of Veterans Affairs and the American Battle Monuments Commission, provides eternal and perpetual care for other military cemeteries wherein are buried our valorous comrades; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That the American Legion calls upon Congress, the Administration, and the Department of Defense to reassume its century old responsibility for the care and maintenance of this U. S. Military cemetery, (Clark Veterans Cemetery) located in the Philippines, and with that act further honoring those servicemembers interred there who made the ultimate sacrifice for our country.

RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: This resolution has the approval of the National Security Commission and your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Carried.

Resolution No. 30: Standardize Care for Recovering Warriors Origin: National Security Commission Submitted by: National Security Commission WHEREAS, Combat operations during the Global War on Terror have resulted in thousands of casualties among our military servicemembers; and WHEREAS, Advances in medical treatment have resulted in the savings of thousands of lives that would otherwise have been lost; and WHEREAS, The military services have assumed the responsibility of bringing their wounded, ill and injured members to an state of optimum recovery before discharge or return to duty; and WHEREAS, Optimum recovery for many of those wounded, ill and injured involves long periods of recovery and rehabilitation; and WHEREAS, The wounded, ill or injured servicemember is told that their primary mission is recovery with many, particularly active duty Army and Marines, being assigned to a Warrior Transition Unit (WTU) whose unit mission is recovery of the members of the unit; and WHEREAS, Not all branches of service subscribe to the WTU concept and for various reasons, those branches with WTUs do not assign all their wounded, ill and injured to those units; and WHEREAS, For those wounded, ill and injured not assigned to a WTU, conflict inevitably arises between the servicemember's duty to the unit mission and their assigned personal mission of recovery; and WHEREAS, While it is recognized that family involvement enhances and speeds recovery, those wounded, ill and injured in the reserve component forces are often isolated from family members in comparison to active component servicemembers whose families are moved to be close to the recovering warrior; and 128 Proceedings of Wednesday, October 17, 2012 WHEREAS, These discrepancies in treatment environment create additional obstacles to recovery for those not assigned to a WTU and those isolated from their family thereby delaying recovery; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion urges the Department of Defense (DoD) to standardize treatment environments for their wounded, ill and injured across all branches and components of service; and, be it further RESOLVED, That as part of this standardization all wounded, ill and injured servicemembers be evaluated as to the projected period to reach optimum recovery; and, be it further RESOLVED, That for those wounded, ill and injured judged to have a recovery period exceeding 90 days that without exception: 1. A wounded, ill or injured service member from the active component be assigned to a Warrior Transition Unit-type unit with permanent change of station orders; 2. A wounded, ill or injured servicemember from the reserve component be offered placement on Title 10 orders with assignment to a Warrior Transition Unit-type unit and authorized movement of immediate family members to the location of assigned unit at DoD expense; and 3. For those wounded, ill or injured servicemembers assigned to a Community Based Warrior Transition Unit, centralized case management should be established; and, be it finally RESOLVED, That for those wounded, ill or injured servicemembers whose initial evaluation indicates a recovery period of less than 90 days and who are assigned to regular units, that follow-up evaluations be made every 30 days to monitor recovery progress and if recovery progress is judged to be impeded by unit assignment, that assignment to a Warrior Transition Unit-type unit be authorized.

RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: This resolution has the approval of the National Security Commission and your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: You've heard a motion and second. Any questions? All in favor say aye. All opposed. Motion carried.

Resolution No. 31: Military Service Authorized Strength Origin: National Security Commission Submitted by: National Security Commission WHEREAS, As withdrawal of troops from Iraq and Afghanistan continues; and WHEREAS, Concurrent with these withdrawals, it is anticipated reductions in authorized strength levels may occur; and WHEREAS, Even though combat operations may cease, recovering warriors from those combat operations continue recovery while in uniform; and WHEREAS, Even without large scale combat operations, military servicemembers will continue to be wounded and injured in small-scale operations, injured in training, and become ill; and WHEREAS, Counting those wounded, ill and injured against the authorized strength of the military services increases pressure to discharge those wounded, ill and injured servicemembers before optimum recovery is reached; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion urges Congress to pass legislation exempting those wounded, Proceedings of Wednesday, October 17, 2012 129 ill and injured servicemembers assigned to Warrior Transition Units from the authorized strength level of each service; and, be it finally RESOLVED, That Congress make special appropriation to ensure that Warrior Transition Units are not forced to compete with other units to receive adequate funding and to ensure that Warrior Transition Units are capable of expansion to meet surges in casualty levels.

RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: This resolution has the approval of the National Security Commission and your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any discussion? All in favor say aye. All opposed. Carried.

Resolution No. 32: Enhancements to Integrated Disability Evaluation System Process Origin: National Security Commission Submitted by: National Security Commission WHEREAS, The Disability Evaluation System (DES) and the more recent Integrated Disability Evaluation System (IDES) were intended to provide a smooth transition from military to civilian life for wounded, ill and injured members of the military; and WHEREAS, The IDES is fulfilling that objective albeit with long-elapsed periods between entry into IDES and discharge with service-connected compensation established; and WHEREAS, Some wounded, ill and injured servicemembers have entered into the IDES system but later found fit to return to duty causing disruptions in their military career; and WHEREAS, Completion of the IDES process results in the servicemember being discharged in civilian life with significant disabilities and handicaps to obtaining gainful employment; and WHEREAS, The Vocational Rehabilitation and Employment (VR&E) program of the Department of Veterans Affairs (VA) assists those with service-connected disabilities to prepare for, find and keep suitable employment; and WHEREAS, Currently it is necessary for a wounded, ill or injured servicemember to obtain a memorandum rating of 20% or more from the VA to be eligible for the VR&E program; and WHEREAS, It is known that disability ratings adjudicated at discharge will often be re-evaluated later in life, resulting in re-examination of the IDES records; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion urges the Department of Defense (DoD) to evaluate the processes used to admit servicemembers into the Integrated Disability Evaluation System (IDES) to ensure only those likely to separate from the military enter IDES; and, be it further RESOLVED, That DoD and the Department of Veterans Affairs (VA) expand their memorandum of understanding so that all wounded, ill and injured servicemembers be eligible for the Vocational Rehabilitation and Employment program immediately upon entry into IDES; and, be it finally RESOLVED, That electronic records of all IDES information be created for each servicemember in IDES and that such records be created in a format to enable transfer to and use by the VA. 130 Proceedings of Wednesday, October 17, 2012 RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: This resolution has the approval of the National Security Commission and your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Carried.

Resolution No. 33: Develop Joint Department of Defense/Department of Veterans Affairs Rehabilitation Capability Origin: National Security Commission Submitted by: National Security Commission WHEREAS, Over 11 years of war has seen the development of considerable rehabilitation expertise and resources within the Department of Defense(DoD); and WHEREAS, As the current war draws down, the demand for those resources and expertise will begin to decline, resulting in the potential diminishing of DoD resources, expertise and staff; and WHEREAS, The recovering warriors utilizing those resources and expertise will transition into the Department of Veterans Affairs (VA); and WHEREAS, The VA will continue to have a long-term need for rehabilitation expertise and resources; and WHEREAS, Collaboration between DoD and VA would preserve the expertise developed by DoD, enhance the rehabilitation capabilities of VA and facilitate the seamless transition of recovering warriors from DoD to VA; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion urge the Department of Defense (DoD) and Department of Veterans Affairs (VA) to form a partnership to promote interagency collaboration and co-location/integration of rehabilitation capabilities; and, be it finally RESOLVED, That DoD and VA work together to develop the necessary guidance for rehabilitation facilities in the interest of maintaining the knowledge and experience of the staff as well as develop policies, guidance and training for staff in co-located DoD/VA rehabilitation facilities.

RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: This resolution has the approval of the National Security Commission, your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and second. Any questions? All this favor say aye. All opposed. Carried.

Resolution No. 55: Protecting the Defense Budget Origin: National Security Commission Submitted by: National Security Commission WHEREAS, The Constitution of the United States of America states in its opening words "We the People" and "to provide for the common defense"; and WHEREAS, One of The American Legion's founding pillars is National Security; and WHEREAS, The primary function of the federal government is to ensure the security of the American people; and WHEREAS, As the world's sole superpower, a strong, adequately funded American military is essential for global peace and prosperity in the 21st century; and WHEREAS, Cuts to the defense budget totaling $487 billion over the next decade have already been enacted; and Proceedings of Wednesday, October 17, 2012 131 WHEREAS, Further pending sequestration cuts of $500 billion to the defense budget pose a grave threat to military readiness and the security of the United States; and WHEREAS, Without a proactive effort by Congress within the next 76 days to protect the Department of Defense, their budget will be reduced by nearly $1 trillion over the next decade; and WHEREAS, The American Legion has passed numerous resolutions demanding Congress and the Administration to halt further cuts to defense funding, including Resolution No. 1, which was passed at the Fall 2011 meeting of the National Executive Committee, again at the Spring 2012 meeting of the National Executive Committee, and reiterated during the 2012 National Convention; and WHEREAS, As a champion for a strong national defense, The American Legion has taken a myriad of actions to avert the upcoming disastrous effects of sequestration on our national security, to include meetings with all members of the Supercommittee, conducting a comprehensive National Security Symposium, and setting this issue as the highest priority at our Capitol Hill visits to scores of congressional offices earlier this month; and WHEREAS, At the meeting of the National Security Commission on October, 15, 2012, members expressed the strongest sense of urgency and concern that the time to reach a satisfactory solution is quickly running out; therefore, be it RESOLVED, By The National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion continue its efforts "to provide for the common defense" and use all means at its disposal to stave off sequestration cuts to the defense budget.

RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: This resolution has the approval of the National Security Commission and your Subcommittee on Resolutions and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? ...At this time National Vice Commander Neylon assumed the Chair. NATIONAL COMMANDER KOUTZ: Members of the National Executive Committee, distinguished guests, and Mr. Chairman. As this resolution just stated, the primary function of the federal government is to ensure the security of the American people. By reducing the defense budget and therefore our military readiness as a political football, our elected representatives are failing to carry out their constitutional duties to adequately provide for the common defense. If Congress and the administration do not take action before January 1, the Department of Defense will suffer disastrous mandatory cuts of $500 billion. On top of the nearly $500 billion in cuts already enacted. This is unacceptable. This issue should be our top priority. The security of the United States hangs in the balance, therefore, I'm taking the following actions, actions to ensure every tool at our disposal is brought to bear. First, I call on the Legislative Commission chairman to activate the National Legislative Council to urge their elected officials and representatives to solve the problem now. Second, I call on the commander of the Sons of The American Legion to likewise mobilize his legislative resources. And I ask the president of The American Legion Auxiliary to do the same. Third, I call on each member of the National Executive Committee to contact their respective members of congress and ask that their constituents do the same. Two weeks ago I had the honor of visiting with Secretary of Defense Leon Panetta. Among the many topics discussed, I told him in no uncertain terms that The American Legion expects our officials in Washington, D.C., to put aside the bipartisan politics, and protect the defense budget from these catastrophic cuts, especially at a time when our men and women are fighting and dying on the battlefield. 132 Proceedings of Wednesday, October 17, 2012 When I entered the United States Army in 1969, it was a fulfillment of something I had dreamed about since I was a young boy. At that age I had faith in my national leaders from the president on down. They were sending me into battle with the best equipment, and when the battle was over, the country would keep its promises to me and my family. The American Legion is made up of patriots who care deeply about this country, and have made great sacrifices on its behalf, often in blood. Today, I ask you once again to step forward and join me in a clear strong voice on this vital issue. Sequestration must not be allowed to go through. Time is running out and we must act now. Our men and women in uniform, as well as those who will take up the call in the future are depending on us. Thank you. (Applause) NATIONAL VICE COMMANDER NEYLON: Is there any further discussion? All in favor say aye. Opposed. Ayes have it. ...At this time National Commander Koutz resumed the Chair. RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: Attached to the report is Addendum A. I move the action of the National Security Commission become the action of the National Executive Committee. ...Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and a second. Any questions? All in favor say aye. All opposed. Carried. I now call on Dennis R. Boland from Florida, Commission on Children & Youth.

Oral Report: Commission on Children & Youth Dennis R. Boland, Florida, Chairman

Thank you, Commander. Good afternoon. Before I start, I would like to thank the Children & Youth staff of Americanism, Director Jill Druskis; Deputy Director Bob Caudell; Assistant Director Jason Kees, and also Secretary Lorrie Wykoff for the job they do. It's amazing to be a chairman and, you know, they do so much for us and make us look good, but that's where it lies on our national staff. (Applause) The National Commission on Children & Youth met at the Sheraton Hotel on Monday and Tuesday, October 15-16, 2012. The commission examined our Children & Youth materials. The Make Halloween a Safe and Fun Night continues to be the most popular publication with nearly 40,000 brochures distributed to posts, units, squadrons and individuals during the 2011-2012 year. In total during this time period, the commission distributed over 234,366 brochures and certificates to assist posts in serving the children of our community. For 2012, the Temporary Financial Assistance program has awarded grants totaling $649,606.71 and benefitting 1,273 children. Our greatest strength as a Legion family has always been demonstrated most effectively by our volunteer involvement at the post level. A prime example of this is our Family Support Network. So far this year, the Legion has averaged over 40 calls per week for assistance. On Sunday, The American Legion Child Welfare Foundation awarded $734,220 to 20 non-profit organizations. Summaries of these grants are contained in your written report. The Foundation grant awards since 1954 now total over $12.5 million. At this time I would like to call our Past National Commander, John P. "Jake" Comer, to the podium, please. As you all know, Jake just lost his beloved wife, and I have the honor of having one of these sitting on my desk at my house also. But Jake, as president of the board of directors, it is indeed an honor for me to present this memorial plaque in honor of Elsie Bailey Comer. The memory of your loved one will live in the grateful lives of children forever blessed by this generous gift, presented by The American Legion Child Welfare Foundation, Incorporated. (Applause) PAST NATIONAL COMMANDER COMER: Well, thank you very much. I'm very honored to receive this from the Child Welfare Foundation, going back to 1987 when the Proceedings of Wednesday, October 17, 2012 133 commanders under my leadership and the Auxiliary and the Sons raised a $1,168,000 for Child Welfare. But this year when my wife died, I put it in the newspaper to send donations, and that's what you did and so did Legionnaires throughout the nation. And I understand it's up to around $2,500 already. On behalf of Elsie, God love you, she was the Auxiliary chairman of the Child Welfare Foundation the year she died. Thank you. (Applause) COMMISSION CHAIRMAN BOLAND: The Annual National Children & Youth Conference was held on September 16-18, educating 100 Legion family representatives and guests from 48 departments on current children's issues and the programs of the National Commission on Children & Youth. Participants are now equipped with the resources for conducting Children & Youth programs and conferences within their own departments. Next year the conference will be held September 21 to 23 for what promises to be another informative weekend. Commander, at this time I would like to take a point of privilege and speak about my brother. NATIONAL COMMANDER KOUTZ: That would be all right, sir. COMMISSION CHAIRMAN BOLAND: You know, we have a thing that started in Florida, and we say, "My brother from a different mother." And I know you all know who I'm talking about. Robert 'Bob' Proctor. This guy has so much stamina it's unbelievable. And he just believes that he is doing well, and he is doing well, except for sometimes he has a fall back that the doctors say that he has. I received an e-mail from his wife, Ruthie. They're talking about taking his spleen out. They want to do another bone marrow on him. And his potassium is getting rather high and he may have to go on dialysis again. But I have never seen a more positive person. Positive about life. And positive about getting back to this NEC board so he can meet and greet you and thank you for what you do for The American Legion, because that's where his heart is. I would ask you, it's been two and a half years now since Bob has, how do I say it, received this problem that he has in life. He's had many bumps over the last two and a half years, and what keeps him going is your emails and your cards. I would ask you again, after this meeting, please send them. Thank him for the job he does, because he does do the job while he's at home. My job as his alternate is to go around and preach what he has set forth for the Department of Florida. You all know I love the man as my brother. He's so positive. I know he's going to get over this, and I look forward to seeing him coming back. Thank you, Mr. Commander and members of the National Executive Committee, the commission thanks you for your continued support, and this concludes my report. (Applause)

Report: Commission on Children & Youth Dennis R. Boland, Florida, Chairman October 15 – 16, 2012

The National Commission on Children & Youth met at the Sheraton Hotel City Centre, Library Room, 21st Floor in Indianapolis, Indiana on Monday and Tuesday, October 15 - 16, 2012. The meeting was convened at 9:00 a.m. and the roll was taken. Following opening remarks, the minutes of the National Convention meeting were approved. Materials Update The Commission examined Children & Youth areas of concern, annual programs and Children & Youth materials. The "Make Halloween a Fun and Safe Night" continues to be the most popular publication with nearly 40,000 brochures distributed to posts, 134 Proceedings of Wednesday, October 17, 2012 units, squadrons and individuals during the 2011 – 2012 program year. This unique brochure educates children and parents choosing to participate in Halloween trick-or- treating about potential safety hazards and informs them how to avoid them. During the 2011 – 2012 program year, the Commission distributed 234,366 free brochures and certificates to assist posts in serving the children of their communities. As per Commission request, the staff continues to review and revise the Legion's Children & Youth brochures to ensure timely, pertinent and accurate information. Temporary Financial Assistance Commission members received a report on the Temporary Financial Assistance (TFA) program illustrating the positive impact the Legion has on veterans and their families. During the 2011 – 2012 program year, the national organization approved cash grants totaling over $877,219. These funds were used to help maintain the basic (shelter, utilities, food, and clothing) and medical needs of 1,596 children of eligible veterans located in communities throughout this nation. For 2012, grants totaling $649,606.71 have been awarded benefitting 1,273 children. Annual Children & Youth Conference The sixth annual national Children & Youth Conference was held on September 21- 23, 2012 at the Sheraton Hotel City Centre in Indianapolis. This conference educated 100 Legion family representatives and guests from 48 departments on current children's issues and the programs of the National Commission on Children & Youth. Conference participants learned practical implementation strategies for the programs presented and are now equipped with the resources for conducting children & youth programs and conferences within their own respective departments. As our Children & Youth programs work best due to a concerted effort from all members of the Legion family, please encourage the Children & Youth representatives from your Auxiliary and SAL to consider joining us next year for what promises to be another informative weekend. Children & Youth Expenditures & Contributions Annually, as it has for the past 89 years, the Commission on Children & Youth records activities from the more than 14,000 posts of The American Legion, 9,500 units of the American Legion Auxiliary and 5,000 Sons of The American Legion squadrons. In addition, the expenditures of departments and of the national organization are obtained for the 12-month period of June 1 through May 31, and combined with these reports. For the 2011 – 2012 Children & Youth program year, including contributions to the American Legion Child Welfare Foundation, posts, squadrons, units and departments of The American Legion and affiliated organizations reported a grand total of $13,160,467 in expenditures and contributions. American Legion Child Welfare Foundation, Inc. The American Legion Child Welfare Foundation, in its 58th year, has awarded $734,220 to 20 non-profit organizations for 2013. These grants were determined during the annual meeting of the Board of Directors, held at the Sheraton Hotel City Centre in Indianapolis, Indiana on Sunday, October 14, 2012. The following is a brief summary of the grants awarded this year: American Academy of Pediatrics of Elk Grove Village, Illinois was awarded $12,180 for their project, "Connected Kids." This grant will update and enhance the content of Connected Kids, taking into account new forms of violence (i.e. cyber bullying) and new research on issues related to exposure to violence and toxic stress. Childhood Leukemia Foundation of Brick, New Jersey was awarded $60,000 for their project "Hope Binders." Grant will produce and distribute 2,000 Hope binders to 200 hospitals across the nation. The binders assist families with the task of tracking and prioritizing medical information and costs associated with their child's treatment. Children's Organ Transplant Association (COTA) of Bloomington, Indiana was awarded $43,050 for their project "Bowling for Life." Grant will produce "Bowling for Proceedings of Wednesday, October 17, 2012 135 Life" fundraising materials such as templates for events with step-by-step instructions, media releases, social networking tips, etc. CureSearch for Children's Cancer of Bethesda, Maryland was awarded $25,500 for their project "Childhood Cancer Care for the Whole Patient: CureSearch Webinar Series. This grant will provide funding for three webinar programs to help families manage the psychosocial aspects for having a child with cancer. Darkness to Light of Charleston, South Carolina was awarded $45,486 for their project "Helping Military Families Prevent Child Abuse." The grant will produce and distribute 15,000 "sets" of child abuse prevention educational materials customized for military families to 33 Armed Forces YMCAs in the United States. Diabetes Education & Camping Association (DECA) of Huntsville, Alabama was awarded $40,000 for their project "D-Source: The New and Improved Website of U.S. Diabetes Camps." Grant will reconstruct the DECA website to improve member camp's and the public's ability to access online information about diabetes camps for youth and families. Huntington's Disease Society of America of New York, New York was awarded $30,000 for their project "Talking to Your Children about Huntington's Disease Handbook." Grant will fund a comprehensive handbook to guide parents through the process of explaining HD to a child, their peers, and respective school. Immune Deficiency Foundation of Towson, Maryland was awarded $48,500 for their project "The Little Zebra – A Children's Storybook." The grant will produce an illustrated children's storybook that will help explain primary immunodeficiency disease (PIDD) to a child or their peers. Juvenile Diabetes Research Foundation of New York, New York was awarded $39,500 for their project "Type One – The Teen Years." The grant will produce a DVD that will help teens understand the importance of maintaining a healthy balance of diet, exercise, and insulin intake. Mercy Flight Southeast, Inc. of Leesburg, Florida was awarded $17,394 for their project "Project Outreach SE USA 2012." Grant will update and reprint the original Mercy Flight tri-fold information brochure which includes contact information to request transportation and an opportunity to donate to Mercy Flight and volunteer as a pilot or "earth angel." National Autism Association of Attleboro Falls, Massachusetts was awarded $58,000 for their project "Big Red Safety Box Program." Grant would produce 3,000 safety kits to be given free to families of children with Autism Spectrum Disorder (ASD). National Center for Learning Disabilities of New York, New York was awarded $45,000 for their project "LD Navigator for Pediatric Healthcare Professionals." This grant will produce the "Ask the Expert" videos, to be included in the toolkits to help pediatricians and pediatric nurse practitioners serve the learning disabled. National Court Appointed Special Advocate (CASA) Association of Seattle, Washington was awarded $40,000 for their project "Ready, Set, Raise! I am for the child tools and training for grassroots activation." Grant will produce the "Ready, Set, Raise! Project" of an activation guide with two toolkits for grassroots activation in local CASA markets. National Exchange Club Foundation of Toledo, Ohio was awarded $24,530 for their project "Believe in the Blue 2013 – What do I do when my child…?" Grant will produce 44,000 "What to do when my child…?" booklets, 40,000 tip cards, 26,000 "message" magnets and 500 posters. National Marfan Association of Port Washington, New York was awarded $25,000 for their project "KidZone Online Community Space." Grant will create and maintain Marfan KidZone, an online space that will make it possible for children with 136 Proceedings of Wednesday, October 17, 2012 Marfan syndrome and their families to access age appropriate information and activities to help them understand their condition. Our Military Kids of McLean, Virginia was awarded $60,000 for their project "Strengthening the Our Military Kids Brand." Grant will produce and distribute a public service announcement and conduct a PR campaign. Spina Bifida Association of Washington, DC was awarded $45,000 for their project "Educating Children with Spina Bifida on Health Issues They are Facing." Grant will produce and distribute copies of the books "Detour Ahead" and "Another Way to Go" to support the needs of children with SB and their parents. SuperSibs! of Palatine, Illinois was awarded $16,210 for their project "SuperSibs! SibSPEAK Website." Grant will fund the creation of website for teens called SibSPEAK. The National Children's Cancer Society of St. Louis, Missouri was awarded $15,870 for their project "Moving Mountains." Grant will provide an activity book for children ages 6-12 with cancer and a pamphlet for college age students. US Sportsmen's Alliance Foundation of Columbus, Ohio was awarded $43,000 for their project "Trailblazer Adventure Program – Blazing an Outdoor Trail." Grant will produce informational handouts and newsletters, and enrich website. Riley Children's Hospital Tour On Monday afternoon the Commission toured Riley Children's Hospital located in Indianapolis. Riley Hospital is a Children's Miracle Network hospital serving over 250,000 patient visits annually. Resolutions The Children & Youth Commission considered three resolutions; "Establish Children & Youth Post and Department Certificate Awards," "Violence & Vandalism in the Schools and Communities," and "Rescinding of National Commission on Children & Youth Non-Legislative Policy Resolutions." The Children & Youth Commission recommends the approval of these resolutions. Mr. Commander, and members of the National Executive Committee, this Commission thanks you for your continued support. Working together, we will continue to make a difference in the lives of young people across this nation. As one of the four pillars of this great organization, the National Commission on Children & Youth has been so tasked from our beginning, and we remain unwavering in our commitment to ensure a safe and healthy future for our nation's greatest natural resource our Children & Youth.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Commander, motion to receive and file the report of Commission of Children & Youth with the exception of three resolutions, there are no addenda. ...Second. NATIONAL COMMANDER KOUTZ: You heard the motion and second. Any questions? All in favor say aye. All opposed. Motion carried.

Resolution No. 61: Establish Children & Youth Post and Department Certificate Awards Origin: Commission on Children & Youth Submitted by: Commission on Children & Youth WHEREAS, The National Commission on Children & Youth for many years has prepared an annual report of Children & Youth expenditures and activities based on annual written department Children & Youth reports; and WHEREAS, The national compilation of such reports has proven to be of immeasurable value in calculating the level of activity of the Children & Youth program and the dissemination of the report to the general public has reflected great credit upon the organization; and Proceedings of Wednesday, October 17, 2012 137 WHEREAS, Resolution No. 558 of the National Executive Committee (October 1950) and Resolution No. 132 of the National Executive Committee (August 1952) originally established authority to recognize posts, districts and departments conducting outstanding Children & Youth programs by issuing certificate awards; and WHEREAS, Resolution No. 36 of the of the National Executive Committee, (May 1981) titled "Rescinding of National Children & Youth Commission Resolution" authorized the rescinding of resolutions for various reasons, of which Resolution No. 558 of the National Executive Committee (October 1950) and Resolution No. 132 of the National Executive Committee (August 1952) were inadvertently rescinded; and WHEREAS, The National Commission on Children & Youth continued issuing the certificate awards; and WHEREAS, The National Commission on Children & Youth wishes to continue recognition of posts, districts and departments having outstanding Children & Youth programs with certificate awards; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That authority be formally reinstated for the National Commission on Children & Youth to continue its certificate awards that recognize posts, districts, and departments conducting outstanding Children & Youth programs; and, be it finally RESOLVED, That the National Commission on Children & Youth continue to issue and send the certificates to posts, districts and departments.

RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: This resolution has the approval of the Commission on Children & Youth and your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and second. Any questions? Hearing none, all in favor say aye. All opposed. Motion carried.

Resolution No. 62: Violence & Vandalism in the Schools and Communities Origin: Commission on Children & Youth Submitted by: Commission on Children & Youth WHEREAS, The December 2011 change to the Charter of The American Legion has created the need to edit the language within certain resolutions of the organization in order to bring a resolution into compliance with the Charter, the subject herein being one such resolution; and WHEREAS, Juveniles account for approximately 24 percent of the total U.S. population and account for 12.6 percent of crimes as reported by the 2010 FBI Uniform Crime Report; and WHEREAS, Although juvenile crime has dropped by 23 percent since 2001, numerous government-supported institutions nationwide, specifically schools, are still experiencing serious, violent acts of crime and criminal damage; and WHEREAS, Our nation's schools should be a safe haven for teaching and learning, free of crime and violence; and WHEREAS, There is nothing inherent in the nature of schools that produces crime and violence, and problems in schools are almost always the result of problems, such as poverty, bullying, or alienation, already existing in communities and families; and WHEREAS, Any instance of crime or violence at school not only affects the individuals involved, but may also disrupt the educational process and affect bystanders, the school itself, and the surrounding community; and WHEREAS, Every child has a right to attend a school that is safe and secure, conducive to learning and free of fear; now, therefore, be it 138 Proceedings of Wednesday, October 17, 2012 RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion recommends school boards and national and state education agencies, in conjunction with parents and community members, develop and implement programs that create effective violence prevention strategies for the local schools, to include consistent, fair and responsible "zero tolerance" policies; and, be it further RESOLVED, That The American Legion urges local law enforcement to implement effective programs combating juvenile delinquency in coordination with the Department of Education, community citizenry and other agencies within the criminal justice system; and, be it finally RESOLVED, That posts are urged to assist those in the educational community and criminal justice system to work closely together with communities and families in efforts to reduce juvenile delinquency in schools and our communities.

RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: This resolution has the approval of the Commission on Children & Youth and your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: You have heard the motion and a second. Any questions? Seeing none, all in favor say aye. All opposed. Motion carried.

Resolution No. 63: Rescinding of National Commission on Children & Youth Non- Legislative Policy Resolutions Origin: Commission on Children & Youth Submitted by: Commission on Children & Youth WHEREAS, In accordance with resolutions of the 1959 and 1960 National Convention, the National Executive Committee, through its Program Study Committee, has caused to be made a review of all non-legislative policy resolutions, and such action has been taken in further conference with the action of the 1936 National Convention which established policy on the life of such resolutions; and WHEREAS, The National Commission on Children & Youth has concluded an extensive review of seventeen (17) National Executive Committee and National Convention resolutions relating to the National Children & Youth Program from the year 1919 through 2012; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That the following resolutions be and they are being rescinded by reason for (1) being obsolete, (2) accomplishment of purpose, (3) being superseded by later resolutions, (4) being in conflict with later resolutions, (5) being duplicated by later resolutions, (6) having no value because of later changes in program; and (7) for other reasons.

Proposed Children & Youth Resolutions to be Rescinded (1) Being obsolete: Resolution No. 15 - Special Service To Dept. Of Col. For Child Welfare, National Convention 1933 Resolution No. 463 - Division Area "E" Of Child Welfare Into Two Areas, National Convention 1933 Resolution No. 513 - The Present Mimeographed Compilation Of Child Welfare Legislative Reference Information Be Put Into More Practical Print, National Convention 1933 Resolution No. 517 - Continued Use Of Uniform Report, National Convention 1933 Proceedings of Wednesday, October 17, 2012 139 Resolution No. 522 - Departments Urged To Study Condition In Institutions And Courts In Their Respective States, National Convention 1933 Resolution No. 524 - Further Study And Consideration Of The Important Question Of Scholarship And Education Facilities Available To Needy And Ambitious Children Of World War Veterans, National Convention 1933 Resolution No. 100 - Child Welfare Area Field Workers, National Convention 1935 (2) Accomplishment of purpose: Resolution No. 519 - Appreciation To Agencies For Education Material For The Area Conference, National Convention 1933 Resolution No. 520 - Appreciation To Representatives At The American Legion Child Welfare Meetings And Conferences, National Convention 1933 Resolution No. 523 - Appreciation To Lincoln Memorial University At Harragote, TN For Interest And Helpfulness, National Convention 1933 (3) Being superseded by later resolutions: Resolution No. 34 – Bill Of Rights For Foster Children, May 1974 NEC Resolution No. 525 - Recommend The Committee On Education On War Orphans Be Continued, National Convention 1933 (4) Being in conflict with later resolutions: Resolution No. 514 - At Least Half The Income From The Endowment Fund Be Allocated To Use In The American Legion's Child Welfare Work, National Convention 1933 Resolution No. 515 - At Least $10,000 Be Budgeted And Allocated From Other Than Endowment Fund Income To The Headquarters Administrative Expenses Of The National Child Welfare Division Before Other Allocations Of General Funds Are Made, National Convention 1933 Resolution No. 516 - Area Child Welfare Conferences Be Continued, National Convention 1933 (5) Having no value because of later changes in program: Resolution No. 518 - The National Child Welfare Committee And Division Continue Its Participation In The National Conference Of Social Work, National Convention 1933

RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: This resolution has the approval of the Commission on Children & Youth and your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and second. Any questions? Hearing none, all in favor say aye. All opposed. Motion carried. I now call on Michael D. Helm, Nebraska, chairman of the Veterans Affairs and Rehabilitation Commission.

Oral Report: Veterans Affairs and Rehabilitation Commission Michael D. Helm, Nebraska, Chairman

Mr. Commander, members of the National Executive Committee and guests. The VA&R Commission met on October 15 and 16 in the Sheraton Hotel, and our commission brings 15 resolutions forward for your consideration. My full report is before you but I want to address three areas of concentration for the VA&R Commission. They are: The claims backlog; issues associated with women veterans, and volunteer suicide prevention coordinators at all Department of Veterans Affairs medical centers. 140 Proceedings of Wednesday, October 17, 2012 First, I would like to discuss the claims backlog. In regard to claims, we are concerned with three items: the size of the backlog, the average processing time, and the accuracy of the decisions. The rising backlog of claims, which is estimated to be just under 900,000 is hard to overcome when you consider the delay in number of days to process claims is averaging 250 days, and the quality of claims decisions. The secretary of VA's goal is to process claims in 125 days with 98 percent accuracy. While this is a lofty goal, considering VBA's current averages, The American Legion has several recommendations to improve the claims process. First we have to hire more adjudicators. Second, the adjudicator work credit system needs to be enhanced in order to tie quality into claims processing, not just have VBA receive credit for the quantity of claims processed. Third, we recommend veterans receive interest on their claims after VA's 125-day claims processing goal. Concerning women veterans. In 2010, The American Legion conducted a Women Veterans Survey with 3,012 women veterans in order to better understand their health care needs through VA. The survey found while there were improvements in the delivery of VA health care to women veterans, challenges with service quality in the following areas remained: tangibles, reliability, responsiveness, competence, courtesy, communication, credibility, security, access and understanding. Since the survey, VA&R staff provided testimony on the Hill and worked with the VA in order to determine how to fix the problems associated with women veterans. However, gaps still exist and the lack of services provided to women veterans needs to be remedied. Currently, the VA's Strategic Plan only has one objective that addresses the needs of women veterans: Empower women veterans. One of the purposes of the goal is to ensure VA programs are responsive to the needs of women. However, there is no performance measure that helps the VA to measure the goal. The System Worth Saving Task Force recognizes these gaps and has selected women veterans as the focus for fiscal year 2012. In health care, the System Worth Saving program is the primary health care evaluation tool to evaluate the quality and timeliness of VA health care. The System Worth Saving Task Force encourages your participation in our site visits to your states. Your input is critical to understanding state and local concerns that you have heard from women veterans. Volunteer Suicide Prevention Coordinator. As the American Legion strives to achieve a goal of providing over one million hours of service at the VA Voluntary Services, VAVS program, we look for new ways to get involved in order to make a substantial difference for veterans and their families. We have identified a new, rewarding and crucial opportunity of for The American Legion to take a lead on and that is suicide prevention. Too many of our comrades who have served this nation proudly are taking their own lives before their time. As Congress, the Department of Defense and the VA looks for ways to improve suicide prevention programs, we need to take a proactive stance. How can we do this? How about an American Legion Suicide Prevention Volunteer Coordinator at every VA medical center. Departments will be contacted to encourage a volunteer to register at their local VA medical center as The American Legion's Suicide Prevention and Referral Assistance Volunteer. These volunteers will help the local VA Medical Center Suicide Prevention Coordinator set up training with state, district and local posts. Additionally, the volunteer can distribute suicide prevention program materials to the department, district and local posts, and encourage veterans in crisis to contact VA's National Crisis Hotline, which is 1-800-273-8255, or 273-TALK, This position has been endorsed and created by the VA Voluntary Services, so now is the time to take advantage of filling those openings. I wanted to highlight these three areas because they are all concerns on the grassroots level. The numbers are large, whether you are talking about the claims Proceedings of Wednesday, October 17, 2012 141 backlog, women in need of quality health care, or veterans who feel their only option is suicide. The real fact though, members of the NEC, is that those numbers in reality, come from just one veteran in your department that needs you to reach out and make his or her life better now, before it is too late. I ask you all to become involved immediately and lead your department in individual veteran health care. Mr. Commander, the VA&R Commission and staff congratulate you on a great report before Congress on October 3, and we look forward to serving you and this great organization in the coming year. At this time I would like to recognize my staff from D.C. Please stand and be recognized. Verna Jones, director; Jacob Gadd, deputy director for health care; and Brian Bertges, assistant director for research and policy. (Applause) Mr. Commander that concludes my report.

Report: Veterans Affairs and Rehabilitation Commission Michael D. Helm, Nebraska, Chairman October 15-16, 2012

The National Veterans Affairs and Rehabilitation Commission met on October 15- 16, 2012, at the Sheraton- Panorama A, 21st Floor for the purpose of considering those matters that had previously been referred for study and to discuss other current matters.

Presiding: Michael D. Helm (NE), Chairman Present at the meeting were: Howard L. Darter, Jr. (CA) Steve Sweet (MS) Marty R. Goley (KY) William R. Bob Wallace (WA) Don E. Mathis (TN) Douglas W. Wooddell (CO) Eddie D. Mohler (OH)

Also in attendance were PNC Richard Pedro, PNC Jake Comer, PNC Ronald Conley, and PNC William Detweiler. Veterans Affairs and Rehabilitation Division staff members present were: Verna L. Jones (NC), Director; Jacob B. Gadd (DC), Deputy Director for Health Care; and Brian Bertges (FL), Assistant Director for Research & Policy.

Matters Received, Considered and Acted Upon by the Commission:

Resolutions

Your Commission considered twenty-three (23) resolutions. Ten (10) resolutions were referred for consideration by the 2012 National Convention. One (1) resolution was referred from the Pennsylvania Department Executive Committee. Thirteen (13) resolutions were brought forward by the Veterans Affairs & Rehabilitation Commission. Fifteen (15) resolutions were forwarded to the National Executive Committee for adoption:

Resolution No. 47 (Res. No. 9 (MT)) and (Res. No. 45 (UT)) (2012 Natl. Conv.): Prevent Exploitation of Veterans and Family Members Applying for Aid and Attendance Resolution No. 38 (Reg. Res. 2677 (PA)) (DEC): Legislation to Provide Reporting, Tracking, and Action Dealing with Sexual Assaults at Department of Veterans Affairs Facilities Resolution No. 46 (Origin VA&R): Department of Veterans Affairs, (VA) Non-VA Care Programs 142 Proceedings of Wednesday, October 17, 2012 Resolution No. 45 (Origin VA&R): Women Veterans Resolution No. 44 (Origin VA&R): Decentralization of Department of Veterans Affairs Programs Resolution No. 43 (Origin VA&R): Veteran Coding on Driver's Licenses Resolution No. 42 (Origin VA&R): Virtual Lifetime Electronic Record Resolution No. 41 (Origin VA&R): Dependency and Indemnity Compensation Resolution No. 40 (Origin VA&R): Extended Hours & Weekends for Veterans' Health Care Resolution No. 39 (Origin VA&R): Women Veterans Strategic Plan Resolution No. 7 (Origin VA&R): Agreement with the National Veterans Legal Services Program (NVLSP)-2012-2013 (Submitted by: Finance Commission) Resolution No. 37 (Origin VA&R): Department of Veteran Affairs Child Care Programs Resolution No. 36 (Origin VA&R): Encourage All Posts of The American Legion to Appoint or Elect a Post Service Officer and Maintain an Active Service Program Resolution No. 35 (Origin VA&R): Coalition to Salute America's Heroes Resolution No. 34 (Origin VA&R): Department VA Voluntary Service Coordinators

The Commission then discussed the following issues:

Claims Update The VA continues to struggle with the backlog of claims. There are currently over 892,000 claims pending waiting on compensation and pension entitlement. Of those claims, 66 percent or 588,602 have been waiting over 125 days. The American Legion will continue to bring suggestions and solutions to the VA as to how they can overcome the back log. One of the many ways the VA is attempting to overcome the back log is move into the future of being paperless. This process won't happen overnight as they struggle with many files that are paper and may never become electronic. But for those new files coming in the VA is trying to speed up the process by scanning the paper into electronic system. There are four major web based software programs the VA is pushing: eBenefits, Veterans Benefits Management System, Stakeholders Enterprise and Digits to Digits: x eBenefits has reached over 1.5 million users and the DoD is making it mandatory for all service members to register. eBenefits is a portal; a central location for veterans, service members, and their family members to research, find, access, and in time, manage their benefits and personal information. As of today, a veteran can download their DD Form 214, view their benefits status and download VA letters. It's a quick and easy way for a veteran to retrieve their certificate of eligibility to apply for a VA home loan guaranty at any mortgage company. Another portion we have requested and the VA is building into eBenefits is searching and selecting representation. Veterans will be able to search by the state they reside and find the closest DSO to them, allowing the veteran to receive the best available assistance available. x Veterans Benefits Management System or VBMS is a cornerstone of VA's claims transformation strategy and is intended to streamline the rating process and quality of claims. VBMS integrates a business transformation strategy to address process and people with a paperless claims processing system. This program will be introduced to 18 VA Regional Offices by December of this year. By the end of 2013, all Regional Offices will be on line and using VBMS. Proceedings of Wednesday, October 17, 2012 143 x Stakeholders Enterprise Portal or SEP is another web based program designed by the VA for Veterans Service Organizations such as The American Legion. When using SEP, our DSOs will be able to accept or decline electronically submitted requests for representation. DSOs will be able to see the status of the claim along with documents that have been submitted to support the claim. They will also have the capability of scanning and uploading documents into the Veteran's file. Once the document is uploaded it will automatically and immediately feed into VBMS for the VA to review and use as supporting evidence. x Digits to Digits or D2D is another initiative the VA is trying to work with veterans service organizations. D2D is designed for private software programs to electronically submit files into the VA servers. DSOs using private software such as VIMS, or VetraSpec to assist veterans will have the capability to schedule and upload files directly to the VA anytime of the day. VA&R has conducted quality reviews at the RO's to assess quality, timeliness and accuracy of the adjudication of recently adjudicated AL claims. At the completion of the visits we provided the VA with a debrief containing our findings, both positive and negative. The briefings are designed to provide the VA with trends that they can use for training the personnel. These visits give us a bird's eye view of what issues need to be addressed and what avenues we need to make suggestions and offer avenues to resolve those issues.

System Worth Saving Update

Quality of Care and Patient Satisfaction Report The System Worth Saving Task Force focused on quality of care and patient satisfaction programs at the Department of Veterans Affairs (VA) for the spring 2012 report. The purpose of the report was to evaluate how VA tracks and manages quality of care, patient safety and patient satisfaction at the national and facility levels. The committee developed an objective assessment (mail-out questionnaire and in-facility questionnaire) to determine how quality is defined, measured, managed and how facilities demonstrate accountability for quality of care and patient satisfaction. The objectives of the report were to (1) understand what improvements have been made in VA quality of care and patient satisfaction historically, (2) determine which areas of quality of care and patient satisfaction could be enhanced, (3) assess the primary challenges and gaps of quality of care and patient satisfaction, and (4) make recommendations to Congress and VA on how to improve quality of care and patient satisfaction initiatives. From April 2012 to June 2012, the System Worth Saving Task Force conducted 25 VA Medical Center facilities site visits which were: Manhattan, NY; Lyons, NJ; Memphis, TN; Nashville, TN; St. Louis, MO; Cincinnati, OH; Columbus, OH; Milwaukee, WI; Chicago, IL; Vancouver, WA; Tacoma, WA; Des Moines, IA; Omaha, NE; Baltimore, MD; Washington, DC; Charleston, SC; Columbia, SC; San Francisco, CA; Sacramento, CA; Durham, NC; Salisbury, NC; San Diego, CA; Long Beach, CA; New Orleans, LA and Biloxi, MS. In addition, town hall meetings were conducted at local American Legion posts nearby VA Medical Centers being visited to solicit feedback from veterans on their quality of care. While VA has provided high quality of care to our nation's veterans the System Worth Saving Task Force provided the following recommendations to VA on quality of care and patient satisfaction: 144 Proceedings of Wednesday, October 17, 2012 Quality of Care x VA Central Office (VACO) needs to ensure that VISN Strategic Plans are distributed to VISNs and VA Medical Centers (VAMC) in a timely manner so the VA facilities can plan and provide the correct measures being tracked for the fiscal year. x VA Central Office needs to delineate between the creation of VHA directives or measures that needs to be tracked. x VHA directives need to be condensed, similar to Veterans Benefits Administration (VBA) Fast Letters, to provide updates to the field and guidance on how a program/directive should be implemented. In the current form, a directive's length typically exceeds 10 pages and is difficult to implement. x VACO needs to create a VHA Executive Hiring Task Force to assess the numbers of vacancies and positions with acting staff across the country and to swiftly hire these positions as permanent positions. Additionally, a policy should be developed and enforced on succession planning for hiring executive leadership and critical hospital staffing positions. x The VHA needs to convene a hiring and tracking task force to monitor and speed up the hiring of primary and specialty care positions. VHA needs to establish strategies to expedite the hiring of critical health care positions such as doctors and nurses. x A national ID card should be developed for enrolled veterans with a photo and barcode and/or fingerprint ID process to ensure patient identification. This will help prevent medication and/or lab errors to improve patient safety. x The quality of care and patient satisfaction measures developed and tracked within VA Central Office, VISN and VA medical centers should be based on evidence based practices throughout the VHA system. Additionally, VA needs to conduct an extensive review of the over 500 measures currently being tracked for efficiency and effectiveness. x The VA medical facilities need better integration between PACT providers and specialty care providers for continuity of services. x VACO needs to continue to support the field by expanding virtual collaborations with health care providers, researchers, educators, etc. in order to provide valuable and accurate communication throughout all entities of the Veterans Health Administration. x The VA needs to provide a more comprehensive and technical training program for risk managers so they can perform their jobs in a professional, effective and timely manner.

Patient Satisfaction x The facility should continue to improve on its phone system and scheduling for appointments. It is recommended that the facility decentralize the scheduling process and assign veterans respective PACT teams with the responsibility to send an introductory patient letter with contact information for the PACT team, the PACT scheduler and/or volunteers can assist with making all of the veterans appointment (personalize letters and reminder appointment calls with contact information for the PACT team). x The medical center needs to hire more patient advocates and utilize volunteers to address, analyze and track patient care issues and concerns Proceedings of Wednesday, October 17, 2012 145 x The SHEP scores data needs to be sent to VA medical facilities in a timely manner, rather than a three to six month wait in order to adequately evaluate and measure "real-time" quality of care and patient satisfaction x The VHA needs to adopt a single and consistent patient satisfaction survey tool such as Truth point or Press Ganey to utilize as the main tracking tool to make it more efficient and effective to gather results. x Representatives from the veterans' community should be involved and serve as a member of the facility's Customer Service Board and Patient Satisfaction Committee meetings. The VAVS National Advisory Committee has brought forward this recommendation to senior VA officials. The Health Care Policy staff is scheduling a meeting within the next two weeks with Dr. Petzel, VA's Under Secretary of Health to present the findings and recommendations of the Quality of Care and Patient Satisfaction report. The Health Care Policy staff is also working with Roxane Rusch, VA's Acting Assistant Deputy Under Secretary for Quality, Safety and Value to provide response and feedback on the recommendations. The report has been posted to The American Legion's website and printed copies of the report were distributed to Senate and House Veterans Affairs committees. The Media Marketing division in the Washington DC has also distributed local press releases with the findings and recommendations of the report.

Women Veterans Report American Legion National Commander James E. Koutz appointed the following System Worth Saving Task Force Members for 2012: Chairman, Ralph Bozella (CO), Vice Chairman, R. Michael Suter (NY), Past National Commander Ronald F. Conley (PA), Past National Commander Paul A. Morin (MA), Tom Mullon (MN), Vickie Smith- Dikes (GA) and Patrick R. Rourk (NY). On October 4-5, the System Worth Saving Task Force held a planning meeting for the next focus for its VA Medical Center site visits which will be women veterans. Women veterans are the fastest growing demographic serving the military and enrolling in the VA for their healthcare. Since 2000, women veteran enrollees in VA have doubled from 159,000 to 337,000 and these numbers are expected to continue to grow because of the increasing numbers of women veterans in the military who will be eligible for VA benefits. During the meeting, representatives from the White House, Senate and House congressional staffers, women veterans roundtable, VA Central Office Women Veterans Office and Veteran Integrated Service Network (VISN) 5 director presented on challenges and best practices in the delivery of VA medical care to women veterans. In addition to the presentations, the task force and staff worked together a System Worth Saving Task Force Strategic Plan, formulated questionnaires for the site visits and selected VA sites for visitation. The System Worth Saving Task Force will be visiting 15 facilities – Buffalo, NY; Togus, ME; Fargo, ND; Chicago, IL; Tampa, FL; Dublin, GA; Salem, GA; Tuscaloosa, AL; Coatesville, PA; San Antonio, TX; Spokane, WA; St. Cloud; MN; Wilkes-Barre, PA; Madison, WI and Las Vegas, NY. During the site visits, System Worth Saving Task Force Members and staff will be meeting with the executive leadership of the facility, women veterans program manager, enrollment/business office, Operation Enduring Freedom (OEF)/Operation Iraqi Freedom (OIF) and Operation New Dawn (OND) Program Manager, Mental Health, Military Sexual Trauma Coordinator, Suicide Prevention Coordinator, Facility Women Veterans Health Committee, Facility Manager and Environment of Care. 146 Proceedings of Wednesday, October 17, 2012 The objectives of the System Worth Saving women veterans report are to 1) understand what perceptions and barriers prevent women veterans with enrolling in VA; 2) determine what quality of care challenges women veterans face with their VA healthcare and 3) provide recommendations and steps VA can take to improve these access barriers and quality of care challenges. The visits will be conducted between November 2012 and April 2013 with the final report published at the 2013 National Convention. The System Worth Saving Task Force will send a letter of invitation to the Department Commanders, Department Adjutants, Department Service Officers, NECman, Past National Commanders and/or their Department designee within their state that is visited to request they accompany the National Staff (Field Service Representative) and National Commander's appointed System Worth Saving Task Force Member on the visit. The presence of local representation provides invaluable insight into issues encountered by veterans in the local community and we hope the Departments will participate in the site visits during the coming year. The task force will also be conducting town hall meetings near VA Medical Center facilities at American Legion posts the night prior to these VA site visits to hear firsthand from veterans in the local community on their quality of care and patient satisfaction experiences at their VA Medical Centers. The town hall meeting is open to any veteran that utilizes the VA Medical Center. During the town hall meeting, the task force will distribute surveys and ask women veterans to provide feedback and share positive and areas of concern with their healthcare at the VA Medical Center. In addition, the System Worth Saving Task Force is continuing to invite Members of Congress on site visits that fall within their districts. The Legislative Division is assisting in this effort by sending invitation letters to Members of Congress and confirming their attendance. The DC Media Marketing unit is also sending local media advisories to VA Medical Center areas two days prior to our site visits to promote the System Worth Saving Site Visit and Town Hall meeting. If you have any questions about Women Veterans programs or System Worth Saving site visits, please contact Jacob Gadd, Deputy Director for Healthcare at (202)861-2700 or by email at [email protected].

Legion Volunteering According to the VHA 37 Part 1, as of the third quarter, the VAVS numbers are as follows: 8,126 RS volunteers have donated 648,141 hours, with an additional 47,317 occasional hours, bringing our overall total for FY2012 to 795,458. As of the report, we are also represented on 159 VAVS Committees across the nation. Since the report, we have increased representation on the number of VAVS committees. This will increase the communication to the posts that fall within the catchment area of the VA Medical Centers. However, the average age of the volunteer is climbing upwards. We are losing volunteers through the PIV/Non PIV process, the inability to physically perform the duties, and to the Post Everlasting. We need to improve our recruitment of new volunteers. "The Power is in the Ask." The American Legion's 2012 Legion Goals and Priorities are to: 1) Continue to increase the number of new VA Voluntary Service (VAVS) volunteers and increase total hours – One Million Voluntary Service Hours Campaign; 2) Continue to encourage American Legion Departments to nominate a Department Volunteer Coordinator; 3) Advocate for increased efficiency with Personnel Identification Verification (PIV) cards and the VSS system; 4) Increase reporting at the NCA Cemeteries; and (5) Develop an American Legion Suicide Prevention Volunteer Coordinator for every VA Medical Center. Proceedings of Wednesday, October 17, 2012 147 The first American Legion 2012 Volunteer Goal is to increase the number of new VA Voluntary Service (VAVS) volunteers and increase total hours – One Million Voluntary Service Hours Campaign. In 2011, The American Legion had an increase of 2,442 volunteers, which put us to a total of 8,807. The number of hours logged by regularly scheduled volunteers went up by 3,855. Even though we showed progress in these two categories, are overall contributions went down. In FY 2010, we had a total of 943,829 hours of service in support of the VAVS Program. The total for FY 2011 was 938,306. The total cost savings, based on an independent sector volunteer rate of $21.36 per hour, is $20.2 million. The National VA&R Commission's plan to achieve this milestone is to set attainable, but challenging goals on the Annual Joint Reviews, and work to fill all open VAVS representative positions at the VA Medical Centers and increase logging of hours at the NCA Cemeteries and Regional Offices. The second goal is that Departments nominate a Department Volunteer Chairmen, responsible for the overall successful operation of volunteer programs in the state. The Department VAVS Chairman develops and maintains the VAVS Department Points of Contact database including: District Commanders, VA Hospital Representatives and Deputy Representatives and Post VAVS Chairmen ensuring communications at all levels. In addition, the Department Volunteer Coordinator will provide department leadership, districts, posts and members with opportunities to serve in veteran focused adaptive sports such as cycling, VA Suicide Prevention and Referral Program, moving into the realm of adaptive sports, and volunteer programs to support Veteran Housing- Rebuilding Together and Habitat for Humanity. The third goal is working with VACO in order to increase the efficiency of the PIV card system and the VSS program. Currently, The American Legion is losing volunteers that are having difficulties getting through the security bureaucracy that currently exists. Some volunteers currently have to wait months before being certified, which may deter them from volunteering at the VA. Additionally, there are recommendations that also will call for increased efficiency of communication between VAVS chiefs and the Veteran Service Organizations. The fourth goal is to increase the reporting of volunteer hours at NCA cemeteries. Currently, many of the hours that are conducted by volunteers of honor guards and grounds keeping are going unreported. We are encouraging the VA to install the VSS program at all NCA sites in order to ensure that the occasional and regular hours put in by Legionnaires at the cemeteries are being captured. If the VA moves in this direction, it could lead to VAVS representatives at all of the National Cemeteries, which will increase the contributions of The American Legion. The fifth goal is to develop an American Legion Suicide Prevention Volunteer Coordinator for every VA Medical Center. Departments will be contacted to encourage a volunteer to register at their local VA Medical Center as the American Legion Suicide Prevention and Referral Assistant Volunteer. These volunteers will help the local VA Medical Center Suicide Prevention Coordinator set up training with state, district and local posts. Additionally the volunteer can distribute Suicide prevention program materials to the Department, District and local posts and encourage veterans in crisis to contact VA's National Crisis Line- 1 (800) 273- 8255 (TALK). The position has been endorsed and created by the VA's Voluntary services, so now is the time to take advantage of filling the openings. Volunteer applications would be coordinated through the approval and certification of the Department Adjutants. The American Legion currently holds the chairperson position for the recommendations subcommittee and will be presenting at the VAVS Executive Committee Meeting on October 24th-26th. There will be a total of seven recommendations: (1) Changing the membership requirements for voting purposes 148 Proceedings of Wednesday, October 17, 2012 (2) PIV/Non-PIV ID Access (HSPD-12) (3) PIV/Non-PIV Standardized at Facility Level (4) Different ID cards for volunteers (5) NCA & VBA to have VSS and VAVS Committees (6) Expand National Awards to include NCA & BVA Awards (7) Improvements to Volunteer Transportation Network

Addendum A

Rejected Resolution No. 159 (WA) (2012 Natl. Conv.): Department of Veterans Affairs (VA) to Require Quality Timeliness Customer Service (QTC) to Hire Specialists for Compensation & Pension Examinations Resolution No. 177 (GA) (2012 Natl. Conv.): Reinstate Vietnam Veterans with Agent Orange Exposure in the Department of Veterans Affairs Priority Group 6 Resolution No. 210 (CA) (2012 Natl. Conv.): Patriot Outreach Program Resolution No. 243 (PH) (2012 Natl. Conv.): Support Legislation to Classify Certain Service of Military Forces in the Philippines as Active Duty for the Purpose of Obtaining Department of Veterans Affairs Benefits

Hold for Further Study Resolution No. 41 (CO) (2012 Natl. Conv.): Creation of National Veterans Support Network

Dispose of Administratively Resolution No. 43 (CO) (2012 Natl. Conv.): Proper Burial for the Troops of the 3rd and 5th Calvary Resolution No. 160 (WA) (2012 Natl. Conv.): Petition the Department of Veterans Affairs (VA) and Congress for a Community-Based Outpatient Clinic (CBOC) in Silverdale, Washington Resolution No. 240 (NE) (2012 Natl. Conv.): Hot Springs Veterans Affairs Medical Center

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Commander, motion to receive and file the report of Veterans Affairs and Rehabilitation Commission with the exception of 14 resolutions. We have one addendum. ...Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and second. Any questions? All in favor say aye. All opposed. Motion carried.

Resolution No. 34: Department VA Voluntary Service Coordinators Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, The December 2011 change to the Charter of The American Legion has created the need to edit the language within certain resolutions of the organization in order to bring a resolution into compliance with the Charter, the subject herein being one such resolutions; and WHEREAS, The American Legion is a highly regarded member organization of the Department of Veterans Affairs Voluntary Service (VAVS) program and holds membership on its National Advisory Committee; and WHEREAS, In the last program year over 7,574 Legion regularly scheduled volunteers provided 909,137 hours of service on behalf of our hospitalized veterans, valued in excess of $17 million dollars; and Proceedings of Wednesday, October 17, 2012 149 WHEREAS, This is an huge responsibility and as the need for volunteers continues to grow, The American Legion must increase our level of commitment, not only to recruit additional volunteers but to ensure the responsible management of those volunteers; and WHEREAS, In 2007, a survey was distributed to all VAVS Representatives and Deputy Representatives, which indicated that communication between National Headquarters office and their local communities could be improved; and WHEREAS, The current requirements of state leadership over the VAVS Representatives and Deputies vary by state and in some cases, Department Service Officers, Commanders and/or Adjutants do not have a single coordinator to act as a liaison for the Department to ensure the flow of communication from local levels and national; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That the Departments be encouraged to submit the name and contact information of a duly appointed Veterans Affairs Voluntary Service (VAVS) Department Coordinator, under the Department Veterans Affairs and Rehabilitation (VA&R) Department Committee who will provide leadership and support for all Certified Representatives and Deputies within their respective departments; and, be it finally RESOLVED, That the contact information for the VAVS Coordinator should be forwarded to the National Headquarters after the Department elections.

RESOLUTIONS SUBCOMMITTEE MEMBER CASSIDY: This has the support of your Veterans Affairs Committee on Rehabilitation Commission, and the Subcommittee on Resolutions, therefore, I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Carried.

Resolution No. 35: Coalition to Salute America's Heroes Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, The December 2011 change to the Charter of The American Legion has created the need to edit the language within certain resolutions of the organization in order to bring a resolution into compliance with the Charter, the subject herein being one such resolutions; and WHEREAS, To date, over one million men and women have served in the global war on terror; and WHEREAS, There are currently approximately one thousand permanently disabled veterans and one to two thousand severely wounded veterans of the global war on terror; and WHEREAS, In addition to the physical disabilities that these veterans are now dealing with, many are faced with additional financial hardships that have lead to disconnected utilities, repossessed vehicles and eviction from their homes; and WHEREAS, The Coalition to Salute America's Heroes is raising funds to aid in assisting severely wounded/injured veterans of the war on terror; and WHEREAS, The American Legion has a network of highly trained Department Service Officers (DSOs) located in every state that could help identify veterans who need financial assistance, counseling and/or help in preparing for and securing quality jobs or income-generating opportunities from their own homes; and WHEREAS, The DSOs could help families needing assistance when visiting recuperating loved ones in military hospitals and facilitate the process by verifying the accuracy of financial information and needs provided by each veteran; and 150 Proceedings of Wednesday, October 17, 2012 WHEREAS, The mission of The American Legion for over 93 years has been to help veterans and their families rebuild their lives through the GI Bill of Rights, advocating for rehabilitation programs, and community work; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion support the objective of the Coalition to Salute America's Heroes in their effort to identify severely disabled veterans without financial obligation to The American Legion.

RESOLUTIONS SUBCOMMITTEE MEMBER CASSIDY: This has the support of the Veterans Affairs and Rehabilitation Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Carried.

Resolution No. 36: Encourage all Posts of The American Legion to Appoint or Elect a Post Service Officer and Maintain an Active Service Program Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, The December 2011 change to the Charter of The American Legion has created the need to edit the language within certain resolutions of the organization in order to bring a resolution into compliance with the Charter, the subject herein being one such resolutions; and WHEREAS, The American Legion since 1919 has emphasized the need for a strong and active service program at the community level; and WHEREAS, The Post Service Officer is an essential first link in the chain of service which The American Legion has pledged to provide all veterans and their dependents regardless of residence; and WHEREAS, The Post Service Officer is in the best position to make contact with those veterans and dependents who need and are eligible for Federal benefits; and WHEREAS, An active Post service program is an important membership factor in that it is a living demonstration of The American legion's "devotion to mutual helpfulness;" and WHEREAS, The strength and quality of the service programs conducted by Department and National Headquarters of The American Legion are in large part dependent upon the strength and quality of service programs conducted by local Posts of The American Legion; and WHEREAS, Information given the National Veterans Affairs and Rehabilitation Commission by Departments for consideration in the National Lenker Service Trophy Award indicates there are a substantial number of Posts of The American Legion that have neither an active Post Veterans Affairs and Rehabilitation Committee nor Post Service Officer; and WHEREAS, The Commission believes that the absence of such Committee and Post Service Officer serves to lower the prestige of the Post and of The American Legion if members of the community must look elsewhere for assistance relative to claims for veterans benefits and services; and WHEREAS, It appears that veterans benefits programs are increasingly under attack from various sources, thus rendering the service efforts of The American Legion more than ever important; and WHEREAS, The Commission recommends that the National Headquarters of The American Legion should again urge that all Posts establish and support a Post Veterans Proceedings of Wednesday, October 17, 2012 151 Affairs and Rehabilitation Committee and to stress the need for an active working Post Service Officer; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion encourage all Post Commanders to establish a standing Veterans Affairs and Rehabilitation Committee; and, be it finally RESOLVED, That The American Legion encourage all Post Commanders to appoint or elect an active, working and informed Post Service Officer.

RESOLUTIONS SUBCOMMITTEE MEMBER CASSIDY: This has the approval of the Veterans Affairs and Rehabilitation Commission, your Subcommittee on Resolutions, I therefore move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: You heard the motion and second. Any questions? Seeing none, all in favor say aye. All opposed. Motion carried.

Resolution No. 37: Department of Veterans Affairs Child Care Programs Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, The Department of Veterans Affairs' (VA) mission is to provide for those who have borne the battle; and WHEREAS, The veteran should not be penalized in receiving access to health care because they have children; and WHEREAS, In 2010, the VA was granted authority under the Caregivers and Veterans Omnibus Health Services Act of 2010, Public Law 111-163, Section 205, to carry out a two-year pilot program to assess the provision of care for the children of qualified veterans; and WHEREAS, The program was officially launched in October 2011 at three VA Medical Centers in Buffalo and Northport New York and American Lake (Tacoma), Washington; and WHEREAS, Upon completion of the pilot program a report will be submitted to Congress on the finding, recommendations, and conclusions for the continuation of the program; and WHEREAS, The VA would need Congress to provide an extension of authority in order to continue providing child care services beyond the two-year pilot; and WHEREAS, A memorandum VAOPGCADV 7-2009, from the VA Office of The General Counsel provided a legal opinion on the authority to provide child-care for Veterans Health Administration (VHA) patients, which addressed the legal barriers that prevent VA from providing child-care for VHA patients when the patients have appointments at a VHA facility; and WHEREAS, The VA is not authorized to operate child-care facilities for VHA patients; and WHEREAS, VA may provide child-care services in VHA facilities only if Congress expressly granted that authority to VA and/ or if child-care is "included by necessary implication" in the authority granted VA; and WHEREAS, Currently no statue authorizes VHA or VA in general to provide child- care at VHA facilities; and WHEREAS, However Congress has authorized VA to operate child-care centers to benefit VA employees and Federal government employees such as The Department of Defense stated; and WHEREAS, Under 38 U.S.C. 1701 (6) the words "medical services" includes inter alia, examination, treatment, rehabilitative services, and other services such as surgical, dental, optometric, and preventive health services; and 152 Proceedings of Wednesday, October 17, 2012 WHEREAS, Hospital care is defined as medical services rendered in the course of the hospitalization of any veteran; and WHEREAS, Hospital care also includes other supplies or services as the Secretary of Veterans Affairs determines to be reasonable and necessary; and WHEREAS, Under 1701 (6) (F) medical services is directly related to the medical care of the veteran such as wheelchairs and clothing to accommodate prostheses; and WHEREAS, The memorandum concluded that it would be unreasonable to conclude that child-care may constitute a service that the Secretary of Veterans Affairs could make available; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion urge Congress to pass legislation to provide child care services to veterans with children in order for the veteran to receive access to the quality care that they have earned.

RESOLUTIONS SUBCOMMITTEE MEMBER CASSIDY: This has the approval of your Veterans Affairs and Rehabilitation Commission, your Subcommittee on Resolutions, therefore, I move for its adoption, Commander. ...Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and the second. Any questions? All in favor say aye. All opposed. Motion carried.

Resolution No. 38: Legislation to Provide Reporting, Tracking, and Action Dealing with Sexual Assaults at Department of Veterans Affairs Facilities Origin: Register Resolution No. 2677 (PA) DEC Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, Our men and women returning home from military service and all veterans deserve the highest level of health care, which includes both quality and safety; and WHEREAS, Department of Veterans Affairs (VA) does have a policy on sexual assault prevention; however, with the influx of an increasing women veterans population, the policy should be updated and refined; and WHEREAS, There is a report issued by the Government Accountability Office (GAO), GAO-11-736T, dated June 13, 2011 calling for Improvements Needed for Monitoring and Preventing Sexual Assaults and Other Safety Incidents which detailed serious security lapses in VA's reporting system for such incidents delivered earlier in 2011; and WHEREAS, There is a need for legislation to increase the safety of patients and staff and improve upon inconsistencies in tracking, reporting, and action; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion encourage Congress to pass legislation in order to ensure reporting, tracking, and actions taken upon incidents of sexual assaults at each Department of Veterans Affairs (VA) facility including: x Tools to assess the risk of individual veterans x Mandatory security training x Physical security precautions (surveillance cameras, panic alarm systems) x Criteria and guidance for employees communicating and reporting incidents to specified supervisory personnel, VA law enforcement officials and the VA Office of Inspector General Proceedings of Wednesday, October 17, 2012 153 x An oversight system within the Veterans Health Administration x Procedures for VA law enforcement officials investigating, tracking and closing reported incidents.

RESOLUTIONS SUBCOMMITTEE MEMBER CASSIDY: This has the approval of the Veterans Affairs and Rehabilitation Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Carried.

Resolution No. 39: Women Veterans Strategic Plan Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, In the Department of Veterans Affairs (VA) Strategic Plan for FY 2010-2014, the only objective that dealt with women veterans directly was Integrated Objective 2: Empower Women Veterans; and WHEREAS, The purpose of the objective is: x Promote recognition of contributions of women x Ensure VA programs are responsive to the needs of women veterans x Educate women about VA benefits and services; and WHEREAS, There is no performance measure that deals with the responsiveness of the needs of women veterans; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion urge the Department of Veterans Affairs (VA) to develop a new women veterans' national strategic plan; and, be it further RESOLVED, In the strategic plan, VA address women veterans' access, outreach, culture and communication training for VA staff as well as women veterans quality of care and gender-specific women veterans programs; and, be it further RESOLVED, That the Veteran Integrated Service Network (VISN) and VA Medical Centers establish respective VA facility operational plans to meet the requirements of the national strategy plan; and, be it finally RESOLVED, That the VA Central Office develop performance measures to address all components of the women veterans objectives in order to ensure the needs of women veterans are met through the VA's Women Veterans Strategic Plan.

RESOLUTIONS SUBCOMMITTEE MEMBER CASSIDY: This has the approval of your Veterans Affairs and Rehabilitation Commission, your Subcommittee on Resolutions, therefore I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and second. Any discussion? All in favor say aye. Opposed. Carried.

Resolution No. 40: Extended Hours & Weekends for Veterans' Health Care Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, The Department of Veteran Affairs' (VA) mission is to provide for those who have borne the battle; and WHEREAS, Veterans employed in the civilian workforce may require more flexible hours to meet their health care needs, because they have not accrued an adequate amount of personal leave to use for health care appointments; and 154 Proceedings of Wednesday, October 17, 2012 WHEREAS, Eligible veterans should not be denied access to VA healthcare due to a lack of flexible health care appointments; and WHEREAS, Veterans with children also may require flexible hours to meet their health care needs; and WHEREAS, Extended hours such as early mornings, evenings and weekend appointments should be made available at all VA facilities to include primary and specialty care; and WHEREAS, Offering extended hours for veterans may reduce no-show rates by providing flexible appointments; and WHEREAS, Additional clinic hours are not possible due to chronic short staffing; and WHEREAS, Staffing limitations would affect patients from receiving health care on a timely basis; and WHEREAS, The VA's premium and overtime compensation should be competitive with the private sector for employees who contribute overtime and weekend work; and WHEREAS, The Veterans Health Administration developed Directive 2012-023, Extended Hours Access For Veterans Requiring Primary Care Including Women's Health and Mental Health Services At Department Of Veterans Affairs Medical Centers And Selected Community Based Outpatient Clinics on September 5, 2012; and WHEREAS, The directive was rescinded on September 11, 2012 by VHA Notice 2012-13; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, The Department of Veteran Affairs (VA) provide extended hours and weekend appointments for both primary and specialty care at all VA medical facilities in addition to their regular hours of operation; and, be it finally RESOLVED, That the VA recruits and hires additional staff to accommodate the rising need of weekend and extended hours for appointments in both primary and specialty care.

RESOLUTIONS SUBCOMMITTEE MEMBER CASSIDY: This has the approval of your Veterans Affairs and Rehabilitation Commission, your Subcommittee on Resolutions, therefore, Commander, I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? Seeing none, all in favor say aye. All opposed. Motion carried.

Resolution No. 41: Dependency and Indemnity Compensation Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, The American Legion is an organization of war veterans who have dedicated themselves to the service of the community, state and nation; and WHEREAS, The Veterans Millennium Benefits Act, Public Law 106-11, authorized payments of Dependency and Indemnity Compensation (DIC) benefits to the survivors of former Prisoners of War (POWs) who died after September 30, 1999, and who were continuously rated totally disabled due to a service-connected disability for a period of not less than one year immediately preceding death; and WHEREAS, There are thousands of widows whose spouse was a former POW who died before September 30, 1999, and who was rated totally disabled for over one year for a service-connected disability; and WHEREAS, These widows are not able to become eligible for DIC because their husband's death was before September 30, 1999; and Proceedings of Wednesday, October 17, 2012 155 WHEREAS, A surviving spouse who remarries on or after December 16, 2003, and on or after attaining age 57, is entitled to continue to receive DIC; and WHEREAS, By placing an age on eligibility for DIC the US Government is forcing surviving spouses to not move forward with life; and WHEREAS, When other survivor benefit programs were liberalized, they usually covered the widows of veterans who died before the enactment of the law, e.g. deaths from cancers from Agent Orange; and WHEREAS, Dependency and Indemnity Compensation (DIC) is paid to the widows and widowers of service-connected disabled veterans who die as a result of their service- related condition or who at the time of death were rated 100% service-connected disabled for at least ten years; and WHEREAS, Many veterans don't reach the 100% level until they are much older and their condition has worsened; and WHEREAS, The spouse has usually been the primary care giver and companion for these disabled veterans throughout the veteran's lifetime and the VA compensation has been a primary means of support; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion shall sponsor and support legislation to amend section 1318 of title 38, United States Code, to remove the date of September 30, 1999; and, be it further RESOLVED, That The American Legion petition Congress to eliminate the age criteria for a surviving spouse to remarry and continue to receive Dependency Indemnity Compensation (DIC); and, be it finally RESOLVED, That The American Legion petition Congress to reduce the number of years that a veteran must have a 100% rating from ten years to one years for eligibility of DIC payments.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This resolution has been approved by the Veterans Affairs and Rehabilitation Commission, your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All those in favor say aye. All opposed. Motion carried.

Resolution No. 42: Virtual Lifetime Electronic Record Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, On April 9, 2009, President Obama provided direction to the Department of Defense (DoD) and Department of Veterans Affairs (VA) to develop a Virtual Lifetime Electronic Record (VLER), which would create a unified lifetime electronic record for members of the Armed Services; and WHEREAS, The VLER plans to include administrative and medical information for service members from when they first join the service throughout their lives until they are laid to rest; and WHEREAS, The VLER plan seeks to expand the departments' health information sharing capabilities by enabling access to private sector health data as well; and WHEREAS, VLER is a federal, inter-agency initiative to provide portability, accessibility and complete health, benefits and administrative data for servicemembers, veterans and their beneficiaries; and WHEREAS, DoD and VA for years have yet to fully implement a bilateral medical record between both agencies with no target end date in sight; and 156 Proceedings of Wednesday, October 17, 2012 WHEREAS, Approximately 2.1 million members of the military have served in Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn and are returning home in unprecedented numbers needing care for their injuries and illnesses sustained in service to our nation; and WHEREAS, Failure to implement a bilateral medical record and VLER to date has caused significant delays in the veterans' treatment process from DoD to VA because the VA treatment team does not have full access to the patient's DoD records and have to rely on a patient's self report of their medical history and symptoms; and WHEREAS, Servicemembers and veterans are forced to make copies of their records at their last duty station or submit a request to the National Personnel Records Center in St. Louis, which can take months to process; and WHEREAS, Veteran service organizations, such as The American Legion, have not been invited to VLER meeting to provide stakeholder input and sharing of mutual concerns; and WHEREAS, The American Legion has over 2,000 accredited department (state) and county veteran service officers that will continue to need access to Veteran Benefit Administration databases in order to file for VA benefits and claims for those claimants represented; and WHEREAS, The American Legion is concerned that within VA's three branches – Veterans Health Administration (VHA), Veterans Benefits Administration, and National Cemetery Administration – there are numerous computer-based programs that are inoperable between these branches which are not addressed in the VLER plan; and WHEREAS, Because a bilateral medical record is not currently available, there is not an ability for a patient's record to be flagged at the time of injury/illness occurred during military service, which makes it difficult and more time-consuming for DoD/VA physicians and raters to find proof of service connection; and WHEREAS, Currently VA has the ability to send patients encrypted email messages and a VHA program, Myhealthyvet, allows patients to refill their VA prescriptions, view their labs and receive VA wellness reminders but does not allow VA patients to schedule appointments online; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion urge Congress to provide oversight to the Department of Defense (DoD) and Department of Veterans Affairs (VA) to ensure that the Virtual Lifetime Electronic Record (VLER) is fully implemented by Fiscal Year 2013; and, be it further RESOLVED, That The American Legion urge DoD and VA to implement VLER no later than FY 2013 to ensure returning servicemembers' medical records are able to be accessed by both agencies which will improve the timeliness and delivery of VA health care and claims benefits; and, be it finally RESOLVED, That The American Legion recommend the following be included in design and implementation of VLER: x Include veteran service organizations, such as The American Legion, in VLER meetings to offer stakeholder input and sharing of mutual concerns; x Allow servicemember records to be flagged at the time of injury/illness in the military to speed up processing of VA benefits (health care and claims) during and after discharge; x Ensure computer systems and programs within the Veterans Health Administration, Veterans Benefits Administration, and National Proceedings of Wednesday, October 17, 2012 157 Cemetery Administration are interoperable and able to communicate with each other; x Allow VA patients to be able to make appointments online by choosing the day, time and provider and that VA sends a confirmation within 24 hours.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This has the approval of the Veterans Affairs and Rehabilitation Commission, your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. Those opposed. Motion carried.

Resolution No. 43: Veteran Coding on Driver's Licenses Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, The American Legion is a national organization of veterans who have dedicated themselves to the service of the community, state and nation; and WHEREAS, There are over a dozen states which have passed legislation to provide a "Veterans Drivers License" and some of these states are Connecticut, Florida, Georgia, Indiana and Texas; and WHEREAS, In these states a veteran no longer has to carry a copy of their discharge papers to prove their service; and WHEREAS, This makes it simple for a veteran to get a discount at a hotel or retailer such at Home Depot or Jiffy Lube; and WHEREAS, Some businesses no longer will accept the DD-214 as proof, because it does not contain a photograph; and WHEREAS, By adding the veteran coding, you prevent the veteran from exposure to identity theft, because the DD-214 contains the veteran's social security number; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion shall sponsor and support legislation to add veterans status to all state identification cards and driver's licenses.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This resolution has been approved by your Veterans Affairs and Rehabilitation Commission, your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Motion carried.

Resolution No. 44: Decentralization of Department of Veterans Affairs Programs Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, The Department of Veterans Affairs (VA) has been gearing towards a centralized model of decision-making within the Veterans Health Administration (VHA) and Veterans Benefits Administration (VBA); and WHEREAS, Centralization of contracting has created problems for individual facilities such as a two-day pileup of hazardous waste outside a Boston VA Medical Center (VAMC) due to a lapse in contract that could have been prevented by local contracting officers; and WHEREAS, Centralization of Internet Technology (IT) removed the ability of individual facilities to be flexible with their programming needs; and 158 Proceedings of Wednesday, October 17, 2012 WHEREAS, Centralization of information leads to siloing among the Administrations; for example when processing a claim, the VBA and the VHA do not have the ability to access or view the other administration's records in their entirety; nor can the Appeals Management Center (AMC) view images in records that might be useful in rating decisions; and WHEREAS, According to an article published in the Annual Review of Public Health in 2009 called "Extreme Makeover: Transformation of the Veterans Health Care System" by Drs. Kizer and Dudley, centralization of decision-making authority markedly slows down the process; and WHEREAS, Centralization fosters animosity between agencies that are forced to compete for IT funding; for example the Office of Research and Development (ORD) reported that it was unable to finance select projects because all resources went to the VBA claims IT program programs; and WHEREAS, The VistA computer program that the VHA uses to track medical records was created by doctors at local facilities, and is now regarded as one of the best IT systems in the world; and WHEREAS, If the VBA and VHA shared a common appointment scheduling system for Compensation and Pension (C&P) exams, their respective employees would be able to schedule and reschedule appointments as needed; and WHEREAS, If VBA liaisons were placed within VAMCs, communication between administrations, namely the communication between raters and physicians, would be increased, therefore reducing error and turnaround time for processing claims; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion supports decentralization of programs associated with the Veterans Benefits Administration (VBA) and the Veterans Health Administration (VHA); and, be it further RESOLVED, That the Department of Veteran Affairs (VA) decentralizes its decision making, accompanied by a demarcation of responsibilities and a plan for holding its decision-makers accountable; and, be it further RESOLVED, That the VA restores contract-making authority and Internet Technology programs to VA Medical Centers at the local level and Regional Offices (ROs); and, be it further RESOLVED, That VBA and VHA structure their relationship using a bottom- up approach similar to Baldrige's Model of Excellence, which will allow for a rapid model of change to occur at the operator level; and, be it finally RESOLVED, That VBA and VHA share a common records system and increased access to one another's programs in order to facilitate information exchange and process claims more efficiently.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This resolution is approved by your Veterans Affairs and Rehabilitation Commission, your Resolutions Subcommittee, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? Seeing none, all in favor say aye. All opposed. Motion carries. Proceedings of Wednesday, October 17, 2012 159 Resolution No. 45: Women Veterans Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, Women veterans are the fastest growing demographic serving in the military and enrolling in the Department of Veterans Affairs (VA) for their healthcare treatment; and WHEREAS, Since 2000, women veterans receiving healthcare from VA has doubled from 159,000 to 337,000 and these numbers are expected to grow because of the increasing numbers of women veterans in the military that will be eligible for VA health care enrollment and services; and WHEREAS, Women veterans face many barriers and challenges with enrolling for and receiving their VA care due to a number of reasons such as: not identifying as a veteran; not being recognized as a veteran by VA employees and staff; lack of awareness and understanding of their VA health care benefits; and the stigma and perceptions that VA is a "all male" health care system; and WHEREAS, According to VA, women veterans are 30 percent less likely to enroll for healthcare than their male counterparts, which is as a result of many factors that include, but are not limited to: lack of awareness of benefits, fragmentation of care from limited access to gender specific care (OB/GYN, Mammography), and obtaining compensation benefits through the Veterans Benefits Administration; and WHEREAS, The VA only dedicated .5 full time employee in order to coordinate outreach and conduct analysis at the Veteran Service Integrated Network (VISN) level; and WHEREAS, In 2009, the Government Accountability Office (GAO) conducted a study that identified a number of challenges VA faced in their delivery of healthcare to women veterans including: space constraints (i.e. configuration of exam rooms, bathrooms and privacy needs) and hiring providers with specific training and experience in women's healthcare, in particular with mental health for treatment of Post Traumatic Stress Disorder (PTSD) or Military Sexual Trauma (MST); and WHEREAS, In 2011, The American Legion conducted a Women Veterans Survey with 3,012 women veterans in order to better understand their healthcare needs through VA; and WHEREAS, The survey found while there were improvements in the delivery of VA healthcare to women veterans, challenges with service quality in the following areas remained: tangibles, reliability, responsiveness, competence, courtesy, communication, credibility, security, access and understanding; and WHEREAS, Female service members have been allowed entry into previous male specified military occupations, such as combat arms support jobs, have assumed more leadership positions and have increased presence as hazardous occupations; and WHEREAS, According to the 2012 Department of Veterans Affairs (VA) Women Veterans Task Force Report, a higher percentage of female veterans (22%) are diagnosed with mental health problems; and WHEREAS, According to the VA, one out of every five women veterans using the VA healthcare system screen positive for military sexual trauma (MST); and WHEREAS, MST is associated with a range of health and economic consequences such as Post Traumatic Stress Disorder (PTSD), higher levels of depression, eating disorders, anxiety, adjustment disorders, sexually transmitted infections, genitourinary problems, substance abuse disorders, and homelessness; and WHEREAS, Women veterans suffering from PTSD as a direct result of MST face significant odds when applying for disability compensation from the Veterans Benefits Administration (VBA) even though research shows that women veterans disproportionately file for PTSD claims based on MST; and 160 Proceedings of Wednesday, October 17, 2012 WHEREAS, A 2010 decision by the VA to relax the evidentiary standards for PTSD applies only to combat veterans or those exposed to hostile fire, but specifically excludes PTSD diagnosed as a result of MST; and WHEREAS, Currently, beyond the effects of PTSD, there remains limited data to show the long-term effects of combat on women veterans; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion support the VA establishment of a women veterans awareness training program that educates employees about the changing roles of women in the military, their combat-related exposures and Military Sexual Trauma sensitivity; and, be it further RESOLVED, That The American Legion work with the Department of Veterans Affairs (VA) in order to ensure that the needs of the current and future women veteran populations are met; and, be it further RESOLVED, That the VA increases the amount of outreach to women veterans through awareness campaigns, benefits education, and community organizations; and, be it further RESOLVED, That the VA dedicate one full-time employee at the Veterans Integrated Service Network level in order to analyze data on women veterans and to help Women Veterans Program Managers conduct outreach; and, be it further RESOLVED, That the VA provides full comprehensive health services for women veterans department wide; and, be it finally RESOLVED, That the VA conduct long-term studies in order to show the impact of combat on women veterans.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This resolution was approved by the Veterans Affairs and Rehabilitation Commission, your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and a second. Any questions? All in favor say aye. Opposed. Motion carried.

Resolution No. 46: Department of Veterans Affairs (VA) Non-VA Care Programs Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, Title 38, United States Code, Section 1703a states when Department of Veterans Affairs (VA) facilities are not "capable of furnishing economical hospital care or medical services because of geographical inaccessibility or are not capable of furnishing the care or services required, the Secretary may contract with non-Department facilities in order to furnish medical care"; and WHEREAS, According to the Veterans Health Administration (VHA), if a medical service or procedure cannot be provided in a timely manner by VHA due to capability, capacity or accessibility, the service may, with approval, be fee-based or contracted outside of VA; and WHEREAS, In congressional testimony in 2012 The American Legion stated, "The American Legion urges VHA to reconsider its national non-VA purchased care policies to allow VA Medical Centers to use their best judgment and discretion to prevent veterans from being forced to drive hours to a VA facility for several routine and reoccurring appointments"; and WHEREAS, Many of the 152 VA facilities have different policies and procedures with the justification, approval and appeals process for non-VA purchased care decisions, which does not always take into account the veterans' unique medical situation and distance they travel to their closest facility; and Proceedings of Wednesday, October 17, 2012 161 WHEREAS, VA does not in all cases require non-VA providers to complete a formal military/veteran culture or evidence-based treatment training prior to contracting veterans to these providers for care; and WHEREAS, Non-VA providers do not have full access to VA's Computer Patient Record System (CPRS) which would allow the contracted community provider the ability to review the patient's full history; meet all of the quality of care screening and measures tracked in CPRS; and the contracted community provider has to mail hard copies of the encounter back to the VA medical center which can take weeks or months to load into the veteran's medical record; and WHEREAS, VA is developing a Patient Centered Community Care Program to create centrally supported health care contracts and provide veterans with coordinated, timely access to care from a comprehensive network of VA and non-VA providers; and WHEREAS, VA is also developing a non-VA care coordination program to improve and standardize their processes for referrals to non-VA care which includes ensuring timely receipt of clinical documentation from non-VA providers and improved coordination of care between VA and non-VA providers; and WHEREAS, VA does not have a tracking system nationally to ensure that national or local contracts do not lapse, such as the case with a contract that took four years to resolve in Martha's Vineyard between the VA Medical Center; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That the Department of Veterans Affairs (VA) develop a well-defined and consistent non- VA care coordination program, policy and procedure that includes a patient- centered care strategy which takes veterans' unique medical injuries and illnesses as well as their travel and distance into account; and, be it further RESOLVED, That VA develop and ensure with all non-VA care contracts that non-VA providers complete military culture, awareness and evidence-based treatment training to ensure veterans receive the same or better quality of care standards that they would if they received this care within VA; and, be it further RESOLVED, That VA provide non-VA providers with full access to VA's Computer Patient Record System (CPRS) to ensure the contracted community provider can review the patient's full history; allow the community provider to meet all of the quality of care screening and measures tracked in CPRS; and speed up receipt and documentation from the non-VA provider encounter to ensure it is added to the veterans' medical record; and, be it further RESOLVED, That VA continue to improve its non-VA care coordination through the newly established Non-VA Care Coordination (NVCC) program office to improve and standardize their processes for referrals to non-VA care; improved collection of non-VA care documentation into the veterans' medical record; and improved coordination of care between VA and non-VA providers; and, be it finally RESOLVED, That VA develops a national tracking system to ensure that national or local purchased care contracts do not lapse.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This resolution was approved by your Veterans Affairs and Rehabilitation Commission, your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Motion carried. 162 Proceedings of Wednesday, October 17, 2012 Resolution No. 47: Prevent Exploitation of Veterans and Family Members Applying for Aid and Attendance Origin: Resolutions No. 9 (MT) & No. 45 (UT) 2012 National Convention Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, Department of Veterans Affairs Non-service Connection Pension is a benefit paid to wartime veterans who have limited or no income, and who are age 65 or older, or, under 65 and are permanently and totally disabled, or a patient in a nursing home or are receiving Social Security disability payments and veterans and qualifying family members who are more seriously disabled may qualify for Aid and Attendance or Housebound benefits and these are benefits that are paid in addition to the basic pension rate; and WHEREAS, Different companies and individuals create the impression that veterans who do not meet the minimum eligibility requirement stated by Veterans Administration would be qualified by diverting or failing to claim all assets, to their extreme financial detriment; and WHEREAS, These companies and individuals charge exorbitant and unnecessary fees for ill-advised or even fraudulent advice and service; and WHEREAS, These claims with fraudulent and incomplete claims add to the backlog of legitimate benefit claims; and WHEREAS, These actions may cause Veterans to incur overpayments or become ineligible for the benefit; and WHEREAS, Senators Wyden and Burr presented bill S.3270, which deals with applying for pension benefits; and WHEREAS, The bill deals with the hiding of assets with a period of 36 months before a request for increase or the initial submittal of a claim; and WHEREAS, The bill further mentions that if it is determined that a veteran or their family has hidden assets, that the VA can consider a portion of the assets usable for maintenance of the family; and WHEREAS, Under this bill, the VA can deny the benefit or discontinue payments for up to 36 months from the first day of the month that the assets were covered, which is dependent on the amount of the assets that were hidden; and WHEREAS, S.3270 and other bills are working to solve the issues associated with the unfortunate circumstances associated with pension and Aid & Attendance claims; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion encourages Congress to pass legislation in order to put safeguards for veterans and their families; and, be it further RESOLVED, That the legislation have proactive measure to prevent veterans and their families from receiving a monetary benefit that they would have to repay if determined to be unqualified at a later date; and, be it finally RESOLVED, That The American Legion should monitor and oppose any portions of legislation on this matter that would result in harm to the veteran and their survivors.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This resolution is approved by the Veterans Affairs and Rehabilitation Commission, your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? Hearing none, all in favor say aye. All opposed. Motion carried. Proceedings of Wednesday, October 17, 2012 163 RESOLUTIONS SUBCOMMITTEE MEMBER KILE: Attached to this report is Addendum A, and I move that the action of the Veterans Affairs and Rehabilitation Commission be the action of the NEC. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Carried. Past National Commander Conley. PAST NATIONAL COMMANDER CONLEY: Mr. Commander, I would like to address the chairman, Mr. Helm. To me, one of the three points dealing with suicide prevention, and I totally and wholeheartedly support whatever can be done to try to decrease the number of suicides both in the active military and those who have gotten out that are veterans. I've voiced my concern before as far as what The American Legion's role is going to be in a VA hospital, and dealing with the suicides, or participation in the prevention of suicides. And in his report it said that the fifth goal was to develop an American Legion Suicide Prevention Volunteer Coordinator for every VA hospital. Now are we going to come up with some type of guidelines and instructions on what our membership is going to participate in? How much are we going to be responsible if a person comes into a VA hospital and doesn't necessarily get the treatment he needs and leaves there and commits suicide, how much legally is The American Legion going to be held responsible if they're involved with this veteran or this military person in dealing with suicide? This is a very slippery slope in my opinion in dealing with suicides. And I don't know too many people in our organization that have the expertise to be able to go in and help dealing with this. So is your guideline being set by the VA on these volunteers that come into the VA to help as coordinators of suicide? Do we have any instructions that we're going to give to any of our volunteers in dealing with suicide and going into a VA hospital? I'm concerned about where we're going with this. We need to eliminate it, there's no question about it, but I'm concerned about The American Legion's responsibility in this role of providing coordinators to help on suicide prevention. COMMISSION CHAIRMAN HELM: Commander, let me take a swing at it, and if I don't hit it, then we'll bring the staff on board. What I see us doing as a veterans service organization is providing information to people who may need the information. Number one, to get the information out to the departments, to districts and at the post level and make people aware of where they can go to receive professional help for suicide. To let people know that we care about what their needs are in this matter. Now that could be what I say, and Verna if she has anymore, and I think that's pretty much where we're at. We're not going to be the ones that are on the phone that answer the phone when you dial what number, TALK. That's not going to be a Legionnaire that's there. We don't see us there. We're not professionals and we don't pretend to be professionals, but we want to be the organization that a veteran who does maybe need help might come and say where I can get some help, and we're going to lead them in that direction. PAST NATIONAL COMMANDER CONLEY: I understand that, and the Suicide Hotline goes to Canandaigua, New York. So that's a central location where the phone calls are made to deal with suicide. But we also know and your committee knows and I know that there are people that are walk-ins that are having problems, they're going to seek help. They're going to usually be in the emergency room. Our volunteers that are working in the VA hospitals, they go in and help people and get them to their appointments. They sit there and get them registered and help them that way. When we start getting volunteers assigned to suicide prevention, I'm concerned about the liability and responsibility and how much some people are going take it on their own to try and handle this by themselves. COMMISSION CHAIRMAN HELM: Commander, we're not going to be involved in that part of it. When we are there as a volunteer and helping the patient get from one 164 Proceedings of Wednesday, October 17, 2012 location to another within a hospital, in our volunteer services we do now, we're not diagnosing what problems they have, so it's the same thing with being a coordinator for suicide, we're just getting a patient, or a potential patient from one location to another. We're not involved in the health care in any way. PAST NATIONAL COMMANDER CONLEY: I disagree. When the people go into the VA hospital and they're talking about committing suicide, they normally go into an emergency room or try to go into a mental health section on the VA hospital to ask for some type of help or support. This is good, this looks good on paper. This makes the organization look good. All I'm asking is what are our responsibilities going to be? Are we going to be held liable if something happens? I've known veterans, and I've talked to families where a veteran walks into that VA hospital and ends up walking out and going home and committing suicide. Those things are going to happen. I'm just concerned about where we sit in this. That's all I'm asking. NATIONAL COMMANDER KOUTZ: Past National Commander Morin. PAST NATIONAL COMMANDER MORIN: Mr. Commander, through you to the chairman. This individual is going to be at the VA medical center? COMMISSION CHAIRMAN HELM: Yes. PAST NATIONAL COMMANDER MORIN: This individual will have to go through the VA Volunteer Service registration? COMMISSION CHAIRMAN HELM: Yes. PAST NATIONAL COMMANDER MORIN: They will be trained by the VA Volunteer Services on what their responsibility will be? COMMISSION CHAIRMAN HELM: Yes, it's a VAVS Volunteer program. PAST NATIONAL COMMANDER MORIN: So they got follow full procedure under the VA? COMMISSION CHAIRMAN HELM: Yes, the same as it's done now. PAST NATIONAL COMMANDER MORIN: VA is going to dictate to that volunteer what she or he can do as they do on every other volunteer service. COMMISSION CHAIRMAN HELM: That would be correct. PAST NATIONAL COMMANDER MORIN: Thank you. NATIONAL COMMANDER KOUTZ: Curt Twete. NEC MEMBER TWETE (ND): I don't have the full particulars of this, but I think one thing that should be looked at is research when you're working with this. The program that we're carrying on in North Dakota called Courage Carries On, I think that Commander Rehbein was briefed on that when he was traveling in North Dakota as the national commander. How many lives it's saved or hasn't saved, you're getting into proprietary information that I don't have the answers to. But I think a lot of work in inventing this wheel has probably been put together and probably with the National Guard's help on the program, and if you go to the North Dakota American Legion website there's Courage Carries On, and I think there's a lot of this that's already been invented. NATIONAL COMMANDER KOUTZ: Any other questions? Thank you.

Appointment of Committee: Traumatic Brain Injury Ad Hoc Committee

NATIONAL COMMANDER KOUTZ: I would like to have the national adjutant read some recommendations that I've made for another committee. NATIONAL ADJUTANT WHEELER: The national commander recommends that an Ad Hoc Committee on Traumatic Brain Injuries be appointed, and that its final report be given to the NEC at the 2013 Spring Meeting. Those recommended are William M. Proceedings of Wednesday, October 17, 2012 165 Detweiler, Louisiana; Ronald F. Conley, Pennsylvania; Robert W. Spanogle, Michigan; Ralph P. Bozella, Colorado; William W. Kile, West Virginia. Consultants, Col. Jill W. Chambers, U.S Army, Retired, and Jeanne Mager Stellman, Ph.D. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Move the approval of the recommendations of the national commander. ...Second NATIONAL COMMANDER KOUTZ: We've got a motion and seconded for approval of the recommendations. Any questions? All in favor say aye. All opposed. Carried. I now call on Robert L. Morrill, New York, chairman of Public Relations Commission.

Oral Report: Public Relations Commission Robert L. Morrill, New York, Chairman

Thank you Mr. Commander and members of the NEC. The Public Relations Commission of The American Legion met in Room 105 of National Headquarters on Monday, October 15 at 9:00 a.m. Please take the time to peruse our full report placed on your desk. I would like to cover just a few of the highlights contained therein. Since printing of The American Legion PR System Tool Kit in February, over 2,500 copies have been distributed to the public relations chairmen of posts, districts and departments around the world. Updates to the Web version have included speeches, three editable high definition outdoor billboard files, and two new PSA packages. Copies are available by requests at [email protected]. A series of radio and television PSAs have been produced to promote observance of various patriotic holidays, including Memorial Day, Veterans Day, Armed Forces Day, Flag Day, and Independence Day. The Patriotic Holiday PSA spots have been combined the Honor Our Veterans PSAs into one package entitled Celebrate Our Veterans. It will be released following the October meetings to more than 2,000 radio and television stations via direct mail in time to reach program directors for the Veterans Day holiday. All spots in the package have been captioned for the hearing impaired. DVDs are available free on request at [email protected] for anyone wishing to market the spots directly to local stations, and I believe you all have a copy on your desk. Commission staff is also developing a new public service announcement promoting The American Legion High School Oratorical Contest from footage taken from this year's national competition in April. The American Legion Amateur Radio Club will be operating as a special event station on Veterans Day, Sunday, November 11 from National Headquarters Station K9TAL. News of the operation will appear in the November issue of the national QSL magazine, which is published monthly by the National Association of Amateur Radio. The ham operators who contact K9TAL will receive a commemorative confirmation QSL card. The club has grown steadily with nearly 1,000 members to date. The National American Legion Press Association executive director, Michael Duggan, reported that membership in the organization now stands at 340 paid-up members. Reminder cards are going out to over 900 expired members to remind them that their dues are now due. How many belong to NALPA, the National American Legion Press Association? Okay. Good. Are your dues paid? (Laughter) The next two pages of my report pertain to Resolution 12. You've already passed that resolution so I'm not going to get into those two pages of my report, and I'm going to take that time now to introduce to you the staff that we have that I'm so proud to work with at the Public Relations Commission. First we have Joe March, our director. John Raughter, deputy director. Linda Eberharter on the camera over here. Matt Everett on the other camera. Duane Mercier I believe is in the back. He's waving. Our newest member of the staff who will be working on the Operation Comfort Warriors and H2H programs 166 Proceedings of Wednesday, October 17, 2012 that you passed in Resolution 12 is Jim Ellison. Welcome Jim to the staff, please. (Applause) Mr. Commander, members of the NEC, this concludes my report.

Report: Public Relations Commission Robert L. Morrill, New York, Chairman October 15, 2012

The Public Relations Commission of The American Legion met in Indianapolis, Indiana in Room 105 at National Headquarters on Monday, October 15, 2012. Since printing The American Legion PR System Tool Kit in February, over 2,500 have been distributed to public relations chairmen of posts, districts and departments around the world. Updates to the web version have included speeches, three editable high definition outdoor billboard files and two new PSA packages. Copies are available free on request to [email protected]. The PR Toolkits are provided also to all participants attending LEAD public relations seminars. The American Legion Newscenter on Twitter now has over 500 followers including media, government, civic groups, VSOs and public relations chairmen. In consonance with the PR Reflector, breaking Legion news updates are "tweeted" with media invitations to contact PR for further information and/or interviews. Links are made available to posted stories on The American Legion homepage. A series of radio and television PSAs have been produced to promote observance of various patriotic holidays, including Memorial Day, Veterans Day, Armed Forces Day, Flag Day and Independence Day. The Patriotic Holiday PSA spots have been combined with the Honor Our Veterans PSAs to form one package entitled, "Celebrate Our Veterans." It will be released following the October meetings to more than 2,000 radio and television stations via direct mail, in time to reach program directors for the Veterans Day holiday. All spots in this package have been closed captioned for the hearing impaired. In addition to reaching out to this audience, the coding also will enable the PR staff to follow usage of the spots through the new TVEyes broadcast monitoring service. Additionally, with the DVD in the mail package, there is a letter explaining the series, a full color promotional sheet and prepaid return postcards where station program directors can provide information on use of the PSAs on their respective stations and provide feedback regarding future spots. The DVDs are available free on request to [email protected] for anyone wishing to market the spots directly to local stations. Commission staff is also developing a new public service announcement promoting The American Legion High School Oratorical Contest from footage taken at the national finals in April this year. The final web streaming events for calendar year 2012 will be this week's NEC meeting October 17 and 18. The commission has one resolution for your consideration regarding the consolidation of the Heroes to Hometowns program with Operation Comfort Warriors. The resolution would also give OCW much-deserved status as an "official program of The American Legion." Consolidation under the OCW name would enhance both H2H and OCW by reducing redundancies and confusion as to the roles and purposes of each program. H2H was created to assist wounded, injured or ill veterans to transition into civilian society. OCW assists warrior transition units. Under the proposed resolution all of the current services offered by both programs would continue but under the OCW brand. This would eliminate the need of having separate H2H brochures, applications, logos, promotional material, websites and budgets and bring those with a need to one source. A new assistant director position has been created in public relations to manage OCW. This fulltime staff position itself was a transition from an earlier H2H position based in the Washington, D.C. headquarters. Nothing in the resolution would require Proceedings of Wednesday, October 17, 2012 167 departments or posts to change their H2H infrastructure or titles. It would only affect national branding and references. The American Legion Amateur Radio Club (TALARC) station will operate as a "special event station" on Veterans Day, Sunday, November 11, from the national headquarters station, K9TAL. News of the operation will appear in the November issue of the national QST Magazine which is published monthly by the ARRL, the National Association of Amateur Radio. Ham radio operators who contact K9TAL will receive a commemorative confirmation QSL card. Operating members will thank fellow veterans for their service on the shortwave bands throughout the day. The club has grown steadily with nearly a thousand members today. The commission reviewed Resolution #238, Internet Radio Program, from the Dept. of Nebraska. It called for the development of a one hour Internet radio show about veterans' issues to be planned, organized and produced in Omaha, Neb. In light of the one-hour, weekly Internet podcast program now being produced by the Washington Office on veterans issues which will debut January 1, the commission recommends the resolution be rejected. The commission recognized that the idea was good but already being produced by staff at no additional cost to the organization. Media coverage of Nat. Cmdr. Koutz's testimony to Congress earlier this month included reports by the Army, Navy, Air Force and Marine Corps Times; Stars & Stripes; the Washington Post; and C-SPAN. TIME covered the release of the System Worth Saving Report. The National American Legion Press Association membership now stands at 340 paid-in-full members. Executive Director Mike Duggan is mailing reminder cards to 900 expired members that remained on the roster for the past three years; 400 are current members that have not renewed this year. Sons of The American Legion National Public Relations chairman Damon Bradtmueller provided highlights of their public outreach activities including a plan to conduct an organization-wide photo contest illustrating members in service to their communities. Commission member Charles Zelinsky provided an update on the proceedings of the 100th Anniversary Committee and planned public outreach. The commission also discussed possible nominations for the 2013 Patriot Award.

Addendum A

Reject

Resolution No. 238 (NE) (2012 Natl. Conv.): Internet Radio Program

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Motion to receive and file the report of the Public Relations Commission. We have no resolutions. We have one addendum. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Motion carried. RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Commander, attached to the report of Public Relations Commission is Addendum A. I move that the action of the Public Relations Commission become the action of the National Executive Committee. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Motion carried. I now call on Randall Fisher of Kentucky, chairman of the Foreign Relations Commission. 168 Proceedings of Wednesday, October 17, 2012 Oral Report: Foreign Relations Commission Randall Fisher, Kentucky, Chairman

National Commander Koutz, members of the National Executive Committee, fellow Legionnaires. First of all, if I could, commander, I would like to introduce the staff from Washington, John Stovall, our director of foreign relations and national security. Joe Grassi, he's the deputy director of national security. Freddy Gessner, assistant director, foreign relations. And Mike Schlee, chairman for national security. I appreciate all the help Mike has given me the last two years with help on foreign relations. I appreciate the good job you do. I would like to answer one question to Past National Commander Conley. I'm a retired nurse practitioner and nurse manager for the emergency room at the VA. VAVS employees are volunteer staff. If they have a veteran come in, and he has thoughts of suicide, they immediately go to the staff and we assign someone to do a one-on-one. We have like a seclusion room in the emergency room or staff room we put them with, and we stay there until a psychiatrist can come down and evaluate. That has not happened in the past. We've had a lot of veterans leave the hospital and commit suicide. But that's one of the things we stress to them, that they need to report that to the staff members, that if somebody is agitated, we go and get them and bring them into the emergency room. You have a copy of the Foreign Relations Commission written report before you. Our executive session of the Foreign Relations Commission met on Monday, October-15 at the Sheraton Hotel to discuss current foreign policy issues pertaining to the vital interests of the United States, and reviewed one resolution. This resolution rescinded four obsolete resolutions dealing with foreign relations. The business meeting also included a recount of the Joint POW/MIA Accounting Command, and the Defense Prisoner of War and Missing Personnel Office progress and future plans to meet the goal of 200 annual identifications by 2015. This was mandated by the 2010 National Defense Authorization Act. This is a goal, they are presently doing a little under a hundred, so they're going to double the identifications by 2015. They have been appropriated more funding to hire staff. They do internships and fellowships with schools where they come out and actively work on the excavation sites so they can know if they want to work for JPAC and do this type of work. The sites are also going to be difficult. Most of the easy sites have already been excavated. The ones remaining are in the mountainous areas, jungles and also under water. The commission also discussed what led to JPAC accounting teams withdrawing their efforts to enter North Korea early this year, and what can be done in the future to ensure that those missing north of the DMZ are accounted for. On Tuesday, October 16, the Foreign Relations and National Security Commissions met jointly at the Circle Centre Sheraton Hotel Indianapolis, and welcomed guest speaker Roey Gilad. He's the Consul General of Israel to the Midwest United Service. Mr. Gilad gave an in-depth presentation on the importance of the relationship between the United States and Israel. The Foreign Relations Commission looks forward to working with our new National Commander Koutz, and the distinguished members of the National Executive Committee this year. I want to thank you all for this year and all the staff has given me, and this concludes my report. Proceedings of Wednesday, October 17, 2012 169 Report: Foreign Relations Commission Randall Fisher, Kentucky, Chairman October 15-16, 2012

An executive session of the Foreign Relations Commission met on October 15, 2012 in the Circle Center of the Sheraton Hotel to discuss current foreign policy issues pertaining to the vital interests of the United States and to review one resolution. Randall Fisher, Chairman of the Foreign Relations Commission, opened the business session and welcomed attending members of the commission and members of the committee. Chairman Fisher welcomed Past National Commanders John Comer of Massachusetts, Dick Pedro of New York, and Ron Conley of Pennsylvania. The commission proceeded by evaluating the following resolution: Rescinding Obsolete Resolutions Dealing with Foreign Relations. After the commission conducted a thorough analysis of the proposed resolution and engaged in lively discussion on the issue at hand, the commission reached a consensus and made unanimous recommendations to the National Executive Committee (NEC) to recommend the resolution. The business meeting also included a recount of the Joint POW/MIA Accounting Command (JPAC) and the Defense Prisoner of War/Missing Personnel Office's (DPMO) progress and future plans to meet the goal of 200 annual identifications by 2015, mandated by the 2010 National Defense Authorization Act. The Commission also discussed what led to JPAC accounting teams withdrawing their efforts to enter North Korea earlier this year and what can be done in the future to ensure that those missing north of the DMZ are accounted for. On Tuesday, October 16th, the National Security and Foreign Relations Commissions met in joint session at the Circle Center Conference Room of the Sheraton Hotel in Indianapolis and welcomed guest speaker Roey Gilad, Consul General of Israel to the Midwest, United Service. Mr. Gilad gave an in-depth presentation on the importance of the U.S. and Israel relationship. The Foreign Relations Commission thanks National Commander James Koutz and the distinguished members of the National Executive Committee for their continuing support.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, I move the report be received and filed, with the exception of one resolution. There are no addenda. ...Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and a second. Any questions? All in favor say aye. All opposed. Carried.

Resolution No. 19: Rescinding Obsolete Resolutions Dealing with Foreign Relations Origin: Foreign Relations Commission Submitted by: Foreign Relations Commission WHEREAS, Resolution No. 111 adopted by the 18th National Convention specifies that policy resolutions shall remain in effect indefinitely unless "changed by subsequent Convention action or by action of the National Executive Committee"; and WHEREAS, The Foreign Relations Commission has completed a review of all foreign relations resolutions in order to keep them current and accurate; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That the following foreign relations resolutions are rescinded by reason of: being obsolete; accomplishment of purpose; being superseded by later resolutions; being 170 Proceedings of Wednesday, October 17, 2012 in conflict with later resolutions; being duplicated by later resolutions, having no value because of later changes in program; and for other reasons.

Number Year Occurrence Title 2 2010 Convention Republic of China 152 2008 Convention Republic of China Policy 80 2010 Convention Taiwan Defense Arms Sales 168 2008 Convention Taiwan Defense Arms Sales

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This resolution has the approval of your Foreign Relations Commission, your Subcommittee on Resolutions. I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? Seeing none, all those in favor say aye. All opposed. Motion carried. I now call on Dennis J. Henkemeyer of Minnesota, chairman of The American Legion Magazine Commission.

Oral Report: The American Legion Magazine Commission Dennis J. Henkemeyer, Minnesota, Chairman

Thank you. Mr. Commander, Mr. Adjutant, national officers, members of the National Executive Committee, Legionnaires one and all. You have my written report so I'll just hit on some of the highlights this afternoon. Foremost, is that after three years of flat or declining advertising sales, The American Legion Magazine Division is running substantially ahead of budget as 2012 draws to a close. The magazine, the Web site and The American Legion Online Update, are all on track to finish the year ahead of budget for sales now standing at $789,449 ahead on $8,709,349 in business to date. Not reflected in that figure are ads that were just closed for the December issue which came in four pages ahead of budget. Production and distribution costs are well below budget. Renegotiated body stock prices have resulted in $197,663 less than budgeted through the September issue of the magazine. Printing costs are also below budget, due to renegotiated price to the tune of $74,111. Adding to this is a budgeted price increase for mailing that did not materialize, cutting expected costs by $115,653. All the Legion's digital media channels as well as the National Convention program are exceeding sales budget as well. This leaves the division projecting over $10 million in total sales by the end of 2012. Coupled with the reduced cost of production and distribution, this leaves The American Legion Magazine Division set to end the year with a budget surplus of approximately $750,000. Magazine circulation has declined as a function of the membership, but visitation to the division's electronic media channels such as legion.org, The American Legion Online Update and the National Facebook pages is climbing dramatically. The Online Update recently passed 400,000 weekly subscribers with an astounding average open rate of 31 percent. Mr. Commander, before I close, I want to assure you that the staff of the Magazine Division is working hard and making progress to advance the message of the organization in all available media. Like previous commission chairmen today, I also would like to introduce a couple of the staff members that are with us. First of all, we have the division director and editor of the magazine, Mr. Jeff Stoffer. And a gentleman that has just joined us in the last couple of months, Deputy Director Henry Howard. (Applause) On behalf The American Legion Magazine Commission, I thank you, the NEC, and most of all, all of the members of this great organization at every level who so deeply Proceedings of Wednesday, October 17, 2012 171 care about what we do and who we are that make The American Legion Magazine the No. 1 best read magazine among all titles in the United States according to independent research and make legion.org, by far, the most visited website among all veterans service organizations. Thank you all for your support. Mr. Commander, that concludes my report.

Report: The American Legion Magazine Commission Dennis J. Henkemeyer, Minnesota, Chairman October 17, 2012

The American Legion Magazine Commission is pleased to report to the National Executive Committee that advertising sales are on course to exceed $10.2 million by the end of the 2012 business year, which concludes with the January 2013 issue of the magazine. Through the November 2012 issue of the magazine and through September in electronic media sales, the American Legion Magazine Division stood at $789,449 ahead of budget with $8,709,349 booked to that point. Since then, the December issue sales came in four pages ahead of budget, which is not yet recorded, and orders are already placed for the January issue. The combination of better advertising sales and lower-than-budgeted production and distribution costs are projected to result in a year-end surplus of approximately $750,000. Printing, paper and postage costs are all below budget heading into the final months of the year. Printing and paper are down as functions of renegotiated prices with R.R. Donnelley and Bulkley-Dunton, Inc. Postage is below budget because an anticipated U.S. Postal Service price increase did not materialize. The division's electronic media program continues to grow. In addition to advertising revenue, visitation to Legion.org and distribution of The American Legion Online Update are climbing at a rapid clip. The Online Update now has more than 400,000 weekly subscribers and an impressive open rate of 31 percent. The website has grown in audience size by more than 91 percent since January 2010. Page views, visits and unique visitors are at all-time highs and rising. Like The American Legion Magazine, Legion.org and The American Legion Online Update are the largest media channels of their kind in the veterans service organization market. The Magazine Division has worked diligently over the last three years to find the right balance between print and digital media for the organization. Several media projects now under way continue to seek the right mix of communications for today's Legionnaires, potential members and ordinary citizens. Among those projects are:  The development of a mobile app platform from smartphones  Assessment of national brochures and documents for digitalization opportunities  Creation of a Digital Dispatch to provide more timely news online than the print publication was able to do  A new strategy to give the national organization a more unified Facebook presence These initiatives and many others have increased awareness of the Legion, opened up new online membership channels, provided avenues for donations and launched advertising revenue streams. More important, they convey The American Legion message in the ever-changing ways consumers engage media – on their phones, at their computers or pulled out of their mailboxes. 172 Proceedings of Wednesday, October 17, 2012 The American Legion Magazine Division staff is working diligently to ensure that the organization has a meaningful place in all of the relevant media environments and doing so within budget.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, motion to receive and file the report of The American Legion Magazine Commission. There are no resolutions, no addendum. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Motion carried. Are there any other donations to any charity that needs to be brought forward? Seeing none, announcements, Mr. Adjutant?

Announcements

NATIONAL ADJUTANT WHEELER: The National Commander's Dinner honoring the members of the NEC and visiting Legionnaires, will be held at the Sheraton Hotel City Centre. Reception begins at 6:00 p.m. in the Circle Suite, Lower Level. The dinner begins at 7:00 p.m. in the Meridian Ballroom, Lower Level. PAST NATIONAL COMMANDER COMER: Do you have a figure on what was collected by the NEC? NATIONAL ADJUTANT WHEELER: $1,540 from the NEC. PAST NATIONAL COMMANDER COMER: Thank you, sir. NATIONAL COMMANDER KOUTZ: Thank you. No other announcements? If you'll rise. Salute the Colors. ...The National Executive Committee stood and rendered a salute to the Colors. NATIONAL COMMANDER KOUTZ: We'll be in recess until 8:30 tomorrow morning. ...At 3:30 p.m., the National Executive Committee recessed until 8:30 a.m., Thursday, October 18, 2012. PROCEEDINGS

of the

NATIONAL EXECUTIVE COMMITTEE

Thursday, October 18, 2012

...At 8:30 a.m., October 18, 2012, the National Executive Committee was called to order by National Commander James E. Koutz and the following proceedings were had.

NATIONAL COMMANDER KOUTZ: I call this meeting to order. Render a right- hand salute. ...The National Executive Committee stood and rendered a salute to the Colors. NATIONAL COMMANDER KOUTZ: I now call on National Chaplin Ron Derrick from Idaho for the opening prayer.

Invocation Ronald Derrick, Idaho, National Chaplain

Almighty God, we thank You now for this time. We thank You for the rest that You provided last night. We ask now for Your to strength to walk the day. We ask Your presence would be in these proceedings, Father, that we would accomplish that which has been laid out before us. We give You the praise and the glory in all things. Amen.

Pledge of Allegiance and Preamble to the Constitution of The American Legion

NATIONAL COMMANDER KOUTZ: I now call on National Sergeant-at-Arms Al Pulido from Indiana to lead us in the pledge. ...The National Executive Committee stood and recited the Pledge of Allegiance followed by the Preamble to the Constitution of The American Legion. NATIONAL COMMANDER KOUTZ: You may be seated. I now call on Daniel S. Wheeler, national adjutant, for the roll call.

Roll Call National Officers

National Commander James E. Koutz, Indiana

National Adjutant Daniel S. Wheeler, Virginia

National Vice Commanders David R. Hall, West Virginia Glenn A. Hickman, Ohio James H. Holland, South Carolina John E. Neylon, New Hampshire Jeanette Rae, Nevada 174 Proceedings of Thursday, October 18, 2012 Past National Commanders

Keith A. Kreul, Wisconsin (Excused) Richard J. Santos, Maryland Clarence M. Bacon, Maryland Ronald F. Conley, Pennsylvania John P. 'Jake' Comer, Massachusetts Hon. John A. Brieden, III, Texas Hon. H.F. Gierke, North Dakota (Excused) Thomas P. Cadmus, Michigan Miles S. Epling, West Virginia Thomas L. Bock, Colorado Robert S. Turner, Georgia Paul A. Morin, Massachusetts Dominic D. DiFrancesco, Pennsylvania (Excused) Martin F. 'Marty' Conatser, Illinois Bruce Thiesen, California (Excused) Robert W. Spanogle, Michigan William M. Detweiler, Louisiana (Excused) David K. Rehbein, Iowa Daniel A. Ludwig, Minnesota Clarence E. Hill, Florida Joseph J. Frank, Missouri Jimmie L. Foster, Alaska Anthony G. Jordan, Maine Richard M. Pedro, New York Bruce L. Miller, Virginia (Excused) Fang A. Wong, New York Hon. Alan G. Lance, Sr., Idaho (Excused)

National Executive Committeemen

Department Committeeman Alternate Alabama Willis Frazier Alaska James E. Pisa Arizona S. Paul Griffin Arkansas James V. Bynum California Alan C. Lennox Colorado Ralph P. Bozella Connecticut Richard W. Anderson Delaware Larry J. Marcouillier D. C. Arturo Rivera Florida Robert J. Proctor (Excused) Dennis R. Boland France John H. Miller Georgia Charles F. Wessinger Hawaii Andrew W. Johnson (Excused) Marvin R. Siegfried Idaho Thomas E. Mattice Illinois Luis V. Gonzalez (Excused) Indiana W. Darrell Hansel Iowa John J. Ross Kansas David O. Warnken Kentucky Randall Coffman Louisiana Charles D. Aucoin Maine Paul A. L'Heureux Maryland David E. Winpigler Massachusetts Michael E. Cassidy Mexico Michael D. Wood Michigan Thomas G. Holzgen Minnesota Raymond DeZurik Mississippi Robert E. Gosa Missouri Charles W. Goodin Montana Elmer W. Palmer Nebraska Jerry Landkamer Nevada Dale R. Salmen New Hampshire Earlon L. Beale Proceedings of Thursday, October 18, 2012 175 New Jersey William Billy Mack New Mexico Prospero J. Sanchez New York Charles I. Herschlag North Carolina Jerry L. Hedrick North Dakota Curtis O. Twete Ohio William K. Balser Oklahoma Warren D. Wilson Oregon Charles E. Schmidt Pennsylvania Richard A. Coccimiglio Philippines Herbert J. Scholten Puerto Rico Edwin Vargas Rhode Island Normand G. Vadnais South Carolina John E. Palmer, Jr. South Dakota Paul A. Evenson Tennessee Charles R. Dornan (Excused) Alvin R. Brown Texas James E. Prendergast Utah William E. Christoffersen Vermont Richard H. Farmer Virginia George C. Lussier, Jr. (Excused) Thomas E. Saunders Washington Michael L. Montaney West Virginia William W. Kile Wisconsin David L. Gough Wyoming William R. Wright, III

NATIONAL ADJUTANT WHEELER: Mr. Commander, that completes the roll call. You have quorum. NATIONAL COMMANDER KOUTZ: We have a quorum. Before I go any further, I would like to announce that what we have so far in Operation Comfort Warriors is $110,783. Not too bad for just six weeks. (Applause) I thank you all for that. Be sure when you go back to your home departments maybe get some fundraisers to get to our goal and we won't have to worry about taking care of wounded soldiers anymore. Mr. Hedrick, any unfinished business? RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: No, Mr. Commander. NATIONAL COMMANDER KOUTZ: I now call on the Americanism Commission, Joseph E. Caouette, New Hampshire.

Oral Report: Americanism Commission Joseph E. Caouette, New Hampshire, Chairman

Mr. Commander, members of the National Executive Committee. Before I report on the actions of your National Americanism Commission, National Commander Koutz, may I request a point of personal privilege to make a presentation? Thank you, sir. Past National Commander Robert S. Turner, are you ready? PAST NATIONAL COMMANDER TURNER: I'm ready, sir. COMMISSION CHAIRMAN CAOUETTE: Very good. National Commander Koutz, Past National Commander Turner, would you please join me for the purpose of a presentation. ...At this time National Vice Commander Holland assumed the Chair. COMMISSION CHAIRMAN CAOUETTE: This summer, Past National Commander Bob Turner celebrated his 30th year as a member of The American Legion Boys Nation staff. Thirty years. He was recognized by the staff for his loyal and dedicated service to the many young men and the program, having served in a variety of 176 Proceedings of Thursday, October 18, 2012 staff positions to include Mr. Enthusiasm, and since 2003, as the director of activities. He's also Mr. Music Man, and gets them singing. On behalf of the National Americanism Commission of The American Legion, we would like to also recognize Commander Turner for his unceasing and tireless efforts in support of American Legion Boys Nation by presenting him this plaque. I will read the inscription to you, and Deputy Director Mike Buss is presenting it to him. "Certificate of Appreciation presented to Robert S. Turner, for his 30 years of service to the young men and staff of American Legion Boys Nation. He has rightfully been called the heart and soul of the program. Well done. Presented October, 2012, signed by Daniel S. Wheeler, National Adjutant, and James E. "Jim" Koutz, National Commander." (Applause) ...At this time National Commander Koutz resumed the Chair. PAST NATIONAL COMMANDER TURNER: Thank you very much. I tell you all, I've been involved in I think probably a combined total of 62 years of service to Boys State and Boys Nation. Of course, some of those overlapped. We couldn't be involved in a better program to supporting the youth of this country. I'm excited about the future of this country because of our young people, and I thank all of you for your involvement in the youth programs of The American Legion. Thank you. (Applause) COMMISSION CHAIRMAN CAOUETTE: Thank you. Commander, it's a privilege to once again stand before you to report on the actions of your National Americanism Commission. Copies of my report and accompanying attachments have been distributed for your review. Some items of note though. The National Committee on Education named the following nine students as 2012 Samsung American Legion Scholars and each will receive a $20,000 scholarship for their undergraduate studies: Madeline Chin from South Pasadena, California; Sean Weller from Colorado Springs, Colorado; Kelsey Green from Harlem, Georgia; Bradley Bark from Baton Rouge, Louisiana; Erik Thomas from Wallace, Michigan; Collette Bersie from Montrose, Minnesota; Preston Fegley from Grand Island, Nebraska; Landon Stevenson from Townville, South Carolina; and Morgan Irons from Yorktown, Virginia. The commission wishes to congratulate the Department of North Carolina, the City of Shelby, host American Legion Post 82 and the many, many volunteers who made the 2012 American Legion Baseball World Series once again an overwhelming and resounding success. I'm talking about 800 volunteers. Shelby averaged 7,200 fans per game, and ended the 15-game tournament shattering the records with 101,925 paid admissions, breaking their own attendance record of 86,162 set last year. With the overwhelming success and loyal support provided by all involved with The American Legion Baseball World Series in Shelby, North Carolina, your commission enthusiastically endorsed the resolution Agreement for Permanent Site of The American Legion Baseball World Series extending the contract with Cleveland County American Legion World Series, Incorporated, to host The American Legion Baseball World Series tournament through 2019, with renewals into the future. Your commission also congratulates the New Orleans, Louisiana, team sponsored by the Retif Oil Post 125 who emerged as the 2012 American Legion Baseball World Series championship team. All 15 games of The American Legion Baseball World Series were aired live on ESPN3. Viewer statistics showed 100,000 unique viewers, with 450,000 total viewers, an increase of 20 percent from last year's numbers. Your commission is enthusiastically looking forward to next year's World Series between August 16-20. We hope to see many of you there in Shelby, North Carolina. It's really an event to witness. Five years ago the Americanism Commission expressed concern in the gradual but steady decline of participation in the Boys State program. Well, I'm happy to report that the 2012 national participation report showed another upward swing this past summer with 19,909 young men attending Boys State this summer, an increase of 348 participants Proceedings of Thursday, October 18, 2012 177 over the prior year. This is the second year in a row, and three of the last four years, where an increase has been reflected in Boys State participation. That's a good trend. I reported to this body at the May 2012 meeting of the imminent closing of the University Place Conference Center, better known as IUPUI on the campus of Indiana- Purdue University Indianapolis, and site for the National Oratorical Contest finals since the change in the contest format in 1997. Your commission is happy to report that the Wyndham Indianapolis West Hotel has been contracted to be the new host of the national contest in Indianapolis, Indiana for 2013 and 2014. The dates for the 2013 contest have not changed, with the contest scheduled for April 19-21. We are enthusiastically looking forward to the new home for the oratorical contest. Lastly, I urge you all to get out the vote in a few short weeks. Every election, especially this year, is extremely important. The people elected are those who establish laws under which we live, and decide how our tax dollars would be spent. Your commission believes no activity is any more true Americanism than to support our electoral process, and above all, to be a conscientious voter. The Americanism programs of The American Legion reflect an unfailing love of country, a loyalty to its institutions and ideals, an eagerness to defend this nation against all enemies, individual allegiance to the flag of our nation, and to work and guarantee the blessings of liberty for ourselves and for future generations. Our challenges remain great. I'm confident that The American Legion is up to the task. And to those supporters on behalf of "Red Sox Nation," I have to give grudgingly my thanks to the Yankees. They did get into the playoffs. But the Cubs and the Sox will be back. Wait until next year. Mr. Commander, members of the National Executive Committee, this concludes my report

Report: Americanism Commission Joseph E. Caouette, Jr., New Hampshire, Chairman

Mr. Commander and members of the National Executive Committee: The National Americanism Commission met August 25, 2012 in Indianapolis, Indiana prior to the opening of the 94th National Convention of The American Legion. An executive section of the Commission met in Indianapolis, Indiana, October 15-16, 2012. This report will cover both meetings. The National Americanism Commission met jointly with the National Commission on Children & Youth at its pre-convention meeting. Appearing at this session were five national youth champions. They were: x 2012 Eagle Scout of the Year - Jason Dreyzehner of Abingdon, Virginia x 2012 Oratorical Champion - Rebecca Frazer of Morgantown, Indiana x 2012 Junior Air Rifle Precision Champion - Colt Gross of North Augusta, South Carolina x 2012 American Legion Boys Nation President - Jonathan Hess of Tuscaloosa, Alabama x 2012 Junior Air Rifle Sporter Champion - Cody Sanchez of Los Lunas, New Mexico National Americanism Commission Chairman Joseph Caouette (NH) and Chairman of the Commission on Children & Youth, Dennis Boland (FL) exchanged updates regarding programs of their respective commissions. The Joint Session also received remarks from Dylan Dalzotto, Veteran Programs Manager, Joe Foss Institute of Scottsdale, Arizona. Mr. Dalzotto gave a presentation on the Veterans Inspiring Patriotism program. The Veterans Inspiring Patriotism program brings veterans into classrooms of schools around the country to inspire patriotism, integrity, public service 178 Proceedings of Thursday, October 18, 2012 and an appreciation for America's freedoms. The Veterans Inspiring Patriotism program can be used as an enhancement to The American Legion's Veterans in the Classroom initiative. On October 15-16, 2012, thirty-four members of the National Americanism Commission, the Americanism Council, and the Counter-Subversive Activities Committee met at the Sheraton Indianapolis City Centre Hotel in Indianapolis, Indiana. The following is an overview of committee reports and program information that was discussed by those members in attendance. We were privileged to have with us National Commander James E. Koutz (IN); Past National Commanders John P. "Jake" Comer (MA), Ronald F. Conley (PA), William M. Detweiler (LA), Richard M. Pedro (NY), and Robert Turner (GA); NEC Resolutions Subcommittee Chairman Jerry L. Hedrick (NC); and other distinguished guests representing The American Legion family.

Background Screening of American Legion Baseball Program Coaches, Managers and Volunteer Staff

With the aftermath of several recent high-profile allegations of child sexual molestation across the United States demonstrating the importance for ensuring protection of the youth participants in our programs, your Commission gave in-depth discussion to the implementation of mandatory background screening of coaches, managers and volunteer staff supporting The American Legion's baseball program. The Commission strongly endorses the implementation of background screening and risk management procedures as offered in the resolution titled Mandatory Background Check Screening for Coaches, Managers and Volunteer Staff of Junior and Senior American Legion Baseball Teams.

Risk Management Policies for Youth Program Staff and Volunteers

Your Commission also reviewed and endorses the risk management policies that have been developed in accordance with Resolution No. 4 of the National Executive Committee Spring 2012, Background Screening Of Staff For National Youth Programs for protection of The American Legion and its youth program participants in order to uphold the integrity and safety of The American Legion's youth programs and mitigate the risk and liability to the organization.

National Americanism Conference

The 14th annual National Americanism Conference, which included meetings of Boys State Directors, Girls State Directors, Department Baseball Chairmen, Department Oratorical Contest Chairpersons and Department Chaplains, was held September 28-30, 2012, in Indianapolis. Four hundred and two program volunteers come together to share in training, brainstorming, and networking within their respective conference sessions that will assist with conducting the programs in their own departments for the coming year.

The National Committee on Education

The National Committee on Education met October 13-14, 2012, at the Sheraton Indianapolis City Centre Hotel in Indianapolis, Indiana. Proceedings of Thursday, October 18, 2012 179 The Samsung National Selection Committee named the following nine students as 2012 Samsung American Legion Scholars; each will receive a $20,000 scholarship for their undergraduate studies: Madeline Chin – South Pasadena, California Sean Weller – Colorado Springs, Colorado Kelsey Green – Harlem, Georgia Bradley Bark – Baton Rouge, Louisiana Erik Thomas – Wallace, Michigan Collette Bersie – Montrose, Minnesota Preston Fegley – Grand Island, Nebraska Landon Stevenson – Townville, South Carolina Morgan Irons – Yorktown, Virginia

The remaining 88 "National Finalists" in the Samsung American Legion Scholarship Program will each receive a $1,100 scholarship for their undergraduate studies. To date, The American Legion and Samsung have awarded scholarships totaling almost $4.5 million.

American Legion Baseball

The Baseball and Recreation Subcommittee met October 15, 2012, at the Sheraton Indianapolis City Centre Hotel in Indianapolis, Indiana. The National Americanism Commission congratulates the Department of North Carolina, the city of Shelby, host American Legion Post 82, and the many volunteers who made the 2012 American Legion Baseball World Series once again an overwhelming and resounding success. The World Series averaged 7,200 fans per game and ended the 15- game tournament with 101,925 paid admissions, shattering the attendance record of 86,162 set last year in Shelby. Local host chairman, Eddie Holbrook, also reported on the successes of the 2012 World Series and plans for the future. Your Commission is enthusiastically looking forward to the 2013 World Series, August 16-20 in Shelby, North Carolina. The Commission also extends congratulations to the New Orleans, Louisiana team, sponsored by Retif Oil Post 125, who emerged as the 2012 American Legion Baseball World Series championship team. New Orleans defeated Brooklawn, New Jersey, sponsored by Post 72, 4-0. All 15 games of The American Legion Baseball World Series were webcast live on ESPN3.com. Viewer statistics showed 100,000 unique viewers with 450,000 total viewers, an increase of twenty percent from last year's numbers. With the overwhelming success and loyal support provided by all involved with The American Legion Baseball World Series in Shelby, North Carolina, your Commission enthusiastically endorses the resolution Replacement and Extension of Agreement for Permanent Site of The American Legion Baseball World Series extending the contract with Cleveland County American Legion World Series Baseball, Inc. to host The American Legion Baseball World Series tournament through 2019. The online American Legion Baseball registration program, now in its third year, is a proven success, with 4,413 teams registering for play this past season.

American Legion Boys State

Participation in the 49 Boys State programs for 2012 showed an increase of 348 participants from the previous year with 19,909 young men attending. This is the second year in a row and three of the last four years in which an increase has been reflected in 180 Proceedings of Thursday, October 18, 2012 Boys State participation. Participation particularly reducing the number of "no shows" was discussed by the Boys State directors during their annual conference September 28- 30, 2012.

National High School Oratorical Contest

Your Commission reported at the May 2012 meeting of the National Executive Committee that the University Place Conference Center and Hotel, on the campus of Indiana University-Purdue University Indianapolis and site of the national contest since the change in the contest format in 1997 was closing. Your Commission is happy to report that the Wyndham Indianapolis West Hotel has been contracted to be the new host for the national contest in Indianapolis for 2013 and 2014. The dates for the 2013 contest have not changed, with the contest scheduled for April 19-21. The 2014 contest dates are April 4-6. According to the 2011-2012 Consolidated Post Report, a record number of over 9,100 contestants competed in the oratorical contest this past year, reflecting almost a 300 per cent increase over last year's number of participants. Much of the increase can be attributed to The American Legion's relationship with the National Forensic League (NFL).

Junior Law Cadet Program

Your Commission received an update on the program. Promotional materials and a website www.legion.org/juniorlaw are available. American Legion departments and posts are encouraged to sponsor Junior Law Cadet programs in cooperation with their State Police or Highway Patrol. At the meeting of the National Americanism Commission held at the Sheraton Indianapolis City Centre Hotel in Indianapolis, Indiana, October 15-16, 2012, nineteen resolutions were considered and their recommended disposition forwarded to the National Executive Committee Subcommittee on Resolutions. There is a separate appendage for your consideration.

Addendum A

Hold for Further Study

Resolution No. 203 (MO) (2012 Natl. Conv.): Clay Bird (Trap) Shooting Competition Resolution No. 244 (NJ) (2012 Natl. Conv.): National Song of Remembrance Resolution No. 248 (PR) (2012 Natl. Conv.): Citizens of United States Territories be Afforded the Right to Vote for United States President and Vice-President

Disposed of Administratively

Resolution No. 17 (CO) (2011 Natl. Conv.): The American's Creed Resolution No. 99 (IA) (2011 Natl. Conv.): Flag Essay Contest Resolution No. 34 (OH) (2012 Natl. Conv.): Oppose Legislation or Regulations that Infringe Upon the Rights of Religious Organizations Resolution No. 163 (WI) (2012 Natl. Conv.): American Legion Baseball Re-Entry Rule Register Resolution No. 2672 (NC) (2012 Dept. Conv.): Change to American Legion Baseball Rulebook; Reference Team Rosters Proceedings of Thursday, October 18, 2012 181 Addendum B: Date of Events/Meetings

Events/Meetings Dates Oratorical Contest Finals2013 April 19-21, 2013 Oratorical Contest Finals2014 April 4-6, 2014

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Commander, motion to receive and file the report of the Americanism Commission, with the exception of five resolutions and two addenda. ...Second. NATIONAL COMMANDER KOUTZ: Heard the motion and second. Any questions? All in favor say aye. All opposed. Motion carried.

Resolution No. 56: Flag Display Origin: Americanism Commission Submitted by: Americanism Commission WHEREAS, The December 2011 change to the charter of The American Legion created the need to examine and edit language within certain resolutions of the organization in order to bring a resolution into compliance with the Charter, and gave opportunity to correct deficiencies in other resolutions, the subject herein being one as originally set out in Res. 161, National Convention, 1985; and WHEREAS, Title 36 USC, Chapter 1, Section 122 designates the week in which Flag Day, June 14, occurs as "National Flag Week"; and WHEREAS, The twenty-one day period from Flag Day through Independence Day is also set aside as a time to honor America, to celebrate our heritage in public gatherings and activities, to publicly recite the Pledge of Allegiance to the Flag of the United States of America, and to properly display the United States Flag at homes and places of business; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion is urged at all levels to encourage its membership, the general public, and all local, state and federal government agencies to display the United States Flag annually on June 14 and continuing through July 4th; and, be it finally RESOLVED, That during this twenty-one day salute, The American Legion at all levels is encouraged to schedule other flag-oriented programs, i.e., special Flag presentations to outside organizations, special schools of instructions on Flag Etiquette and Disposal of Unserviceable Flag Ceremonies.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This resolution has been approved by your Americanism Commission, the Resolutions Subcommittee, and I so move. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? Seeing none, all in favor say aye. All opposed. Motion carried.

Resolution No. 57: Boys Scouts of America Origin: Americanism Commission Submitted by: Americanism Commission WHEREAS, The December 2011 change to the charter of The American Legion created the need to examine and edit language within certain resolutions of the organization in order to bring a resolution into compliance with the Charter, and gave opportunity to correct deficiencies in other resolutions, the subject herein being one as originally set out in Res. 32, NEC, October 1989; and 182 Proceedings of Thursday, October 18, 2012 WHEREAS, The Boy Scouts of America is an organization that was incorporated in 1910 and recognized by federal charter in 1916 to provide an educational program for boys and young men to build character, train in the responsibilities of participatory citizenship, and develop personal fitness; and WHEREAS, The American Legion voiced its support of the Boy Scouts of America at its first national convention in 1919, thereby making it the first recognized national youth activity of The American Legion; and WHEREAS, The Boy Scouts of America teaches the core values of duty to God and country, personal honor, respect for the beliefs of others, volunteerism, and interdependence with the environment, principles which are conducive to good character, citizenship, and health; and WHEREAS, The American Legion encourages its posts to continue their support for Scouting as a primary part of their service to God and country, their community, their state, and their nation; and WHEREAS, The American Legion has served as a chartering partner and strongly expressed its steadfast support and endorsement of The Boy Scouts of America since 1919; and WHEREAS, The American Legion currently charters over 2,500 Scouting units which serve approximately 68,000 young people; now, therefore, be it RESOLVED, By the National Executive Committee in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion encourages posts, districts and departments to cooperate with the Boy Scouts of America in their effort to inform The American Legion at all levels of the merits of Scouting by allowing Boy Scout officials to attend post, district and department meetings to explain the Scouting experience; and, be it finally RESOLVED, That all levels of The American Legion are encouraged to support and endorse the Scouting movement by cooperating with the Boy Scouts of America in continuing to provide a program to assist our young people develop skills and maintain values that help ensure our nation's future.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This resolution has been approved by your Americanism Commission, your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. Opposed. Carried.

Resolution No. 58: American Legion Boys State Program Origin: Americanism Commission Submitted by: Americanism Commission WHEREAS, The December 2011 change to the charter of The American Legion created the need to examine and edit language within certain resolutions of the organization in order to bring a resolution into compliance with the Charter, and gave opportunity to correct deficiencies in other resolutions, the subject herein being one as originally set out in Res. 21, NEC, October 1977; and WHEREAS, The Boys State program of The American Legion, conducted in whatever form by the individual departments, asserts the major objective of providing learning and training opportunities in practical, real-life state government and citizenship; and WHEREAS, In the real-life political situation, a citizen may vote and hold elective state office only in the state of his official residence, and no state shall intrude into the internal political matters of another state in such a fashion as to abridge or render impotent these principles of state citizenship; and Proceedings of Thursday, October 18, 2012 183 WHEREAS, To accurately reflect the real-life political situation and to maintain a credible and effective American Legion Boys State program, it is essential that the authority and responsibility for selection of young men to participate in the Boys State program of a department be vested exclusively in that department and its member posts subject only to compliance with policy of the National Organization of The American Legion regarding the establishment and operation of Boys State programs; and WHEREAS, The National Executive Committee of The American Legion in regular meeting in Indianapolis, Indiana, October 1977, adopted Resolution No. 21 titled "American Legion Boys State Program" that initially established eligibility for participation in Boys State programs across state lines; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That in the special circumstances where allowing a young man who resides in one state to participate in the Boys State program of another state is considered to be substantially beneficial to the young man and/or The American Legion, then such participation should have, in those circumstances where there is a dispute of eligibility, the express, written approval of the department headquarters and the Boys State governing organization of each of the departments so involved.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This resolution has been approved by your Americanism Commission, your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any question? Seeing none, all in favor say aye. All opposed. Carried.

Resolution No. 59: Oratorical Contest National Finals Origin: Americanism Commission Submitted by: Americanism Commission WHEREAS, The December 2011 change to the charter of The American Legion created the need to examine and edit language within certain resolutions of the organization in order to bring a resolution into compliance with the Charter, and gave opportunity to correct deficiencies in other resolutions, the subject herein being one as originally set out in Res. 38, NEC, May 1995; and WHEREAS, The purpose of The American Legion High School Oratorical Scholarship Program – "A Constitutional Speech Contest" is to develop a deeper knowledge and appreciation of the Constitution of the United States, develop leadership qualities and communication skills and to prepare high school students for the acceptance of the responsibilities of American citizenship; and WHEREAS, The American Legion High School Oratorical Scholarship Program – "A Constitutional Speech Contest" has been a national youth activity of The American Legion since 1938 during which time more than three million dollars in scholarships have been awarded to several thousand participants at the national level of competition; and WHEREAS, NEC Resolution No. 38, May 2-4, 1995, established a three-year test period for a new contest structure of national competition, whereby a system of elimination contests are conducted at a single location which feature nine first round contests, three second round contests and a national finals contest involving three finalists; and WHEREAS, NEC Resolution No. 39, May 5-6, 1999, made permanent the new contest format to The American Legion High School Oratorical Scholarship Program – "A Constitutional Speech Contest" as established in NEC Resolution No. 38, May 2-4, 1995; and 184 Proceedings of Thursday, October 18, 2012 WHEREAS, The concept of holding all national level oratorical contests in one location offers the opportunity for greater administrative control, a greater degree of fairness and uniformity while reducing administrative costs associated with conducting the national contests; and WHEREAS, The task of administering the national oratorical competition is the responsibility of the Americanism and Children & Youth Division staff in Indianapolis, Indiana; and WHEREAS, The national oratorical contest has been successfully conducted in Indianapolis, Indiana, under the aforementioned single site contest structure for sixteen years; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That the contest structure at the national level of The American Legion High School Oratorical Scholarship Program – "A Constitutional Speech Contest" be a system of elimination contests conducted at a single location which will feature nine first- round contests, three second-round contests and a national finals contest involving three finalists; and, be it further RESOLVED, That the scholarships award structure for the national level of oratorical competition be as follows so as to annually award the expenditure of scholarship funds in the amount of $138,000: x Fifty-four department winners competing in first-round of national contest $ 1,500 each x First-round winners eliminated in second round of national contest $ 1,500 each x First place national contest winner $18,000 x Second place national contest winner $16,000 x Third place national contest winner $14,000; and, be it finally RESOLVED, That the national level of competition for The American Legion High School Oratorical Scholarship Program – "A Constitutional Speech Contest," be conducted in Indianapolis, Indiana, each year.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This resolution has been approved by your American Commission, your Subcommittee on Resolutions, and I move for its adoption. ...Second. NATIONAL COMMANDER KOUTZ: Heard the motion and the second. Any questions? Seeing none, all those in favor say aye. All opposed. Motion carried.

Resolution No. 60: Flag Code Amendment Origin: Americanism Commission Submitted by: Americanism Commission WHEREAS, The United States Flag Code, Title 4, United States Code, Chapter 1, Subsections 1-10, is a codification of existing rules and customs pertaining to the display and use of the flag of the United States of America; and WHEREAS, Practices and customs have been modified in the past few years regarding certain display procedures; and WHEREAS, Previous changes and modifications to the Flag Code did not clearly state the intent of some display procedures; and WHEREAS, The Flag Code needs to reflect current, accepted patriotic practices; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That Proceedings of Thursday, October 18, 2012 185 The American Legion seek the appropriate legislation or Presidential proclamation to alter, amend, or modify the following provisions of the United States Flag Code, Title 4, United States Code, Chapter 1: SS6. Time and occasions for display (d) The flag should be displayed on all days, especially on New Year's Day, January 1; Inauguration Day, January 20; Martin Luther King, Jr.'s birthday, the third Monday in January; Lincoln's Birthday, February 12; Washington's Birthday, February 22; Presidents Day, third Monday in February; Easter Sunday (variable); Thomas Jefferson's Birthday, April 13; Loyalty Day - Law Day U.S.A., May 1; Mother's Day, second Sunday in May; National Maritime Day, May 22; Armed Forces Day, third Saturday in May; Memorial Day (half-staff until noon), the last Monday in May; Flag Day, June 14; Flag Week, week of June 14; Father's Day, third Sunday in June; Independence Day, July 4; National Korean War Veterans Armistice Day, July 27; Aviation Day, August 19; Labor Day, first Monday in September; Citizenship Day, September 17; POW/MIA Recognition Day, third Friday in September; American Gold Star Mothers Day, last Sunday in September; Columbus Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Pearl Harbor Day (half-staff), December 7; Christmas Day, December 25; and such other days as may be proclaimed by the President of the United States; the birthdays of States(date of admission); and on State holidays. (h) The flag should be displayed during public meetings, at cemeteries, and other public gatherings such as sporting events. SS7. Position and manner of display (f) When flags or pennants of States, cities, localities, societies, or corporations are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag's right, that is the observer's left. The flags or pennants of States, cities, localities, societies, or corporations may be of approximately equal size as the flag of the United States but not larger. (g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace. The flag of the United States should be on its own right, the observer's left. The flags of other nations are displayed on the observer's right and in alphabetical order from left to right. (m) The flag displayed at half-staff is a sign of national mourning and a mark of respect to the memory of principal figures of the U.S. or State Government and should not be so displayed, except as provided herein, or in special proclamation by the President of the United States or the Governor of any state, territory or possession. No other official may designate the United States Flag to be displayed at half-staff. The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day, the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, in accordance with recognized customs or practices not inconsistent with law. In the 186 Proceedings of Thursday, October 18, 2012 event of the death of a present or former official of the government of any State, territory, or possession of the United States or the death of a member of the Armed Forces from any State, territory, or possession who dies while serving on active duty, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff and the same authority is provided to the Mayor of the District of Columbia with respect to present or former officials of the District of Columbia and members of the Armed Forces from the District of Columbia. When the Governor of a State, territory, or possession, or the Mayor of the District of Columbia, issues a proclamation under the preceding sentence that the National flag be flown at half-staff in that State, territory, or possession or in the District of Columbia because of the death of a member of the Armed Forces, the National flag flown at any Federal installation or facility in the area covered by that proclamation shall be flown at half-staff consistent with that proclamation. The flag shall be flown at half-staff thirty days from the death of the President or a former President; ten days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a state, territory, or possession; and on the day of death and the following day for a Member of Congress. The flag shall be flown at half-staff on Peace Officers Memorial Day, unless that day is also Armed Forces Day and Pearl Harbor Day, December 7. As used in this subsection - (1) The term "half-staff" means the position of the flag when it is one-half the distance between the top and bottom of the staff; (2) the term "executive or military department" means any agency listed under sections 101 and 102 of title 5 United States Code; and (3) the term "Member of Congress" means a Senator, a Representative, a Delegate, or the Resident Commissioner for Puerto Rico. SS8. Respect for flag (c) The flag may be carried flat or horizontally when a patriotic effect is desired and when it is of such size that it cannot be carried aloft and free. (i) The flag should never be used for advertising purposes in any manner whatsoever. Advertising signs should not be fastened to a staff or halyard from which the flag is flown. (j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, postal workers, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel pin being a replica, should be worn on the left lapel near the heart.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This resolution has been approved by your Americanism Commission, your Subcommittee on Resolutions, and I so move. ...Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and second. Any questions? NEC MEMBER BOZELLA (CO): Mr. Commander, I do have one question on the uniform, the flag, in the last paragraph. No flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, postal workers and members of patriotic organizations. That's fine, but we also, every time we turn on the TV you see flags attached to referee's uniforms in the NFL or other sports, and we see them attached to sport uniforms. Proceedings of Thursday, October 18, 2012 187 Has that ever been addressed, Mr. Chairman, to where that that's something that we would want to look at, thinking that's okay, or is that something that we come out against? COMMISSION CHAIRMAN CAOUETTE: No, I assume that's something we should being looking into. We haven't identified the professional sports officials. I don't believe we've ever questioned that at all. We could. That's a good point. NATIONAL COMMANDER KOUTZ: Any other questions? COMMISSION CHAIRMAN CAOUETTE: I'm sure that it could possibly be added on if this body so deems it feasible at this point in time. NEC MEMBER BOZELLA: Mr. Chairman, I would think that because it is a patch and it does look good and it is a uniform that it may be something that the commission ought to address and see if The American Legion has a position that we think that's appropriate or not. COMMISSION CHAIRMAN CAOUETTE: We will do so. We will address it. NATIONAL COMMANDER KOUTZ: Yes, sir. NEC MEMBER WILSON (OK): I notice that we have Navy Day very conspicuously in there, however, I notice that November 10, the birthday of the United States Marine Corps in 1775, is not included. I would like to see that happen. COMMISSION CHAIRMAN CAOUETTE: It will definitely be considered. NATIONAL COMMANDER KOUTZ: Any more questions? Seeing none. All in favor say aye. All opposed. Motion carried. RESOLUTIONS SUBCOMMITTEE MEMBER KILE: Attached to this report are two addenda, Addendum A and Addendum B. And I move that the action of the Americanism Commission become the action of the NEC. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Motion carried. Thank you, Mr. Chairman. I now call on Kenneth F. Governor from New York, chairman of the Legislative Commission.

Oral Report: Legislative Commission Kenneth F. Governor, New York, Chairman

Commander Koutz, Adjutant Wheeler, national officers, members of the National Executive Committee, reverend clergy, distinguished guests, fellow Legionnaires. The National Legislative Commission met in the Sheraton Hotel Circle East Ballroom on October 15 and 16. There were no resolutions referred to the Legislative Commission for consideration. The commission's written report was distributed to you in advance of this meeting. Attached to the report is Addendum I listing resolutions with legislative intent approved at this National Executive Committee meeting, as well as the resolutions approved by the 94th National Convention of The American legion held here in Indianapolis in August of this year. The Legislative Commission has reviewed these resolutions, confirmed that they are legislative in nature and are submitted to this committee for approval. At our meetings earlier this week, the commission discussed current congressional developments; reviewed the political climate of the current Congress and its inability to act in the interests of the country, and considered the looming questions of the next Congress, how they will affect the country and what we can do about it and how the lame duck session of Congress will act on its unfinished agenda. One of the most effective tools The American Legion has to amplify our voice in Congress is the National Legislative Council. We know there will be a turnover in congressional districts resulting from the upcoming election. On November 7, as the country sorts out the results of the election, we'll need to rebuild the National Legislative Council. As you know, each department recommends one liaison for appointment by the 188 Proceedings of Thursday, October 18, 2012 national commander for each United States Senator, and one for each member of Congress in the House of Representatives to help convey that voice to Congress. In anticipation of the new 113th Congress of the United States, there will be new members of Congress and corresponding new Legionnaire liaisons to recommend and appoint to the National Legislative Council. We look forward to working with each of your departments to ensure we find those Legionnaires who can best carry our message to the 535 members of Congress. With your careful consideration and recommendations, together we will create a Legislative Council that will keep our voice in the ear of every office in Washington, as well as back home in our districts. The American Legion's National Legislative Council is critical to building grassroots support to let our legislators know what's on our minds. And also to pave the way for our legislative team in Washington. I would ask each of you to work closely within your departments to ensure that we are putting our best American Legion foot forward with our council liaison recommendations. If we all work together, we can develop the relationship with every congressional office back home in the congressional districts that will help us advance the agenda of The American Legion in the most effective manner. Some of you may recall the difficulty in appointing a complete National Legislative Council in the 112th Congress. Your Legislative Commission has been working on a plan that should make the process more efficient and produce vastly improved results for the council in the 113th Congress. Now, on October 3, National Commander Koutz delivered his presentation to a Joint Session of the House and Senate Veterans' Affairs committee. The commander laid out several of the major priorities for the Congress, including getting our veterans back to work, fighting the claims backlog for disabled veterans, and drawing a line of against further cuts to vital programs through sequestration. I for one think the commander and the Legionnaires did a tremendous job carrying that message to the Hill and also back home in the districts. In every district we're going to make the Legion's message clear. The lack of cooperation in Congress with the budget is not an excuse to allow disastrous cuts in our nation's defense. We fought this with the Supercommittee, and I know Commander Koutz has entered this battle in detail with Secretary Panetta on his recent visit to Washington, D.C., and will continue this fight in the lame duck session of Congress which lies ahead and will persist in aggressively advocating for American Legion positions for as long as it takes. To those members and guests who haven't seen it, I draw your attention to the national commander's excellent editorial this past Monday, and in his comments to the National Executive Committee meeting yesterday. Mr. Commander, you emphasized the danger of sequestration and the subsequent cuts to our military readiness at a time when defense spending, as a percentage of total federal expenditures, is approaching historic lows, not seen since before World War II. At a time of increased acts of terrorism against the United States, such as the recent murder of United States Ambassador to Libya Christopher Stevens, and the recent attacks on our embassies in Libya, Egypt and Yemen, in a time when rogue nations continue to develop nuclear, chemical and other advanced weaponry, where economical and ideological rivals are increasing their war fighting and cyber threat capacity, The American Legion cannot stand by while Congress employs what you call Mr. Commander "budget shenanigans" that could jeopardize national security. We couldn't agree with you more Mr. Commander when you told us Secretary of Defense Panetta said we must be able to deal with everything out there. Accordingly, we cannot allow short-sighted individuals who do not understand the devastating effects these cuts will bring to wreak havoc and ruin upon this nation's ability to defend itself. I know with all the tools at our disposal, with the National Legislative Council through the work of Legionnaires in every city and town, through the work of Proceedings of Thursday, October 18, 2012 189 our affiliate organizations and our great staff, that will bring this message to our government representatives. We need to remind our candidates over the next few weeks before the elections, that they're working to earn their jobs back from us, the people that put them in that job, the American public. We need to remind them what their priorities will be. The number one priority being the protection and defense of this nation, and those who have provided that defense. Mr. Commander, yesterday you charged us to activate the National Legislative Council, and exhorted the Sons and the Auxiliary to respond to your call for action. To that end we immediately developed a Legislative Action Alert which will be uploaded and sent out to nearly 4,000 Legionnaires, Sons and Auxiliary members as soon as we can get it on the air. And lastly, I would be remiss if I didn't recognize the hard work of the national staff of the Legislative Division. With me today is Deputy Legislative Director Ian de Planque. Assistant Legislative Director and Grassroots Coordinator Jeff Steele is going to make sure that the legislative alert I just mentioned is up and running and out to where it needs to be. Holding down our fort in Washington today is Deputy Director Dean Stoline, Assistant Director Shaun Rieley, Research Guru Brian Higbee, and the glue of the organization, Winnie Alexander. These folks track hundreds of resolutions, thousands of bills introduced into Congress, and they do it with aplomb. They are a pleasure to work with and I hope you will avail yourself of their amazing resources. Their hard work and teamwork was more than ever evidenced when our legislative director left The American Legion in early summer, but the legislative staff I just named did a terrific job in carrying on our work in the most professional manner. And relief is in sight. A new legislative director, Lou Celli, starts on November 1. Lou is well known in The American Legion and on Capitol Hill. Having served on The American Legion Economic Commission, and having run an organization that supports veterans, he's used to dealing with lawmakers, government staffs and agencies. And finally, Mr. Commander, on behalf of the commission I want to thank you for your outstanding leadership. I appreciate the confidence you and the National Executive Committee have conferred in me as chairman of the Legislative Commission. It's my honor and privilege to continue to serve our men and women in uniform, our veterans, their families and The American Legion. This completes my report.

Report: Legislative Commission Kenneth F. Governor, New York, Chairman October 15-16, 2012

The National Legislative Commission met at the Sheraton Circle East Ballroom in Indianapolis on October 15-16, 2012. Nine (9) members of the National Legislative Commission and the National Legislative Council Chairman were in attendance, in addition to Jeff Evans (VA) and Alan Collier (AK) representing the Sons of The American Legion. National Legislative Council Chairman Brett Reistad (VA) presented the Council's recent activities to the Commission. No resolutions were referred to the Commission for consideration. Attached to this report is an Addendum for consideration by the National Executive Committee. Addendum I was adopted by the Post-Convention meeting of the National Executive Committee and has been amended to reflect resolutions of a legislative nature passed during the Fall Meetings of the National Executive Committee on October 17-18, 2012. The Commission received in-depth briefings from the Legislative staff on various congressional actions since the Commission's last meeting. The remainder of this report 190 Proceedings of Thursday, October 18, 2012 provides a summary of congressional actions since the National Convention on issues of particular concern to The American Legion. The report is arranged by program areas.

112th Congress, Second Session The FY 2013 appropriations process has ground to a halt, the deadline for passage of the 12 appropriations bills to fund federal programs – October 1, 2012 – has already passed. The House has passed 6 of the 12 spending bills, while the Senate has passed none. Congress still has a great deal of work to do. Since all 12 appropriations bills were not enacted by the end of September, a continuing resolution was passed by Congress to keep the federal government running. On September 13, the House passed – by a vote of 329-91 – a continuing resolution, which contained stop-gap funding for the entire federal government until March 27, 2013. The Senate passed the measure on September 22 by 62-30 recorded vote. It was signed into law by President Obama on September 28 as Public Law (P.L.) 112-175. A continuing resolution is a short-term spending measure that funds either a portion of or the entire federal government at spending levels equal to the current fiscal year. This stop-gap action may be used for a few days, a few weeks, or even several months. Should neither congressional chamber see fit to pass the remaining spending measures, an omnibus spending bill is the next solution. An omnibus bill would include all the appropriations bills that have not been enacted, and are then passed as one, massive spending measure. When no agreement was reached prior to the end of the fiscal year, both chambers of Congress elected to push the hard money decisions onto the next Congress. In addition, pending congressional elections limited the amount of time the House and Senate could spend on congressional business. The entire House and one-third of the Senate face either re-election, new members replacing retiring members, or House members being elected in re-drawn congressional districts due to the 2010 Census.

Americanism On January 7, 2011 Representative Jo Ann Emerson (MO) introduced House Joint Resolution (H.J. Res.) 13, a constitutional amendment to prohibit the physical desecration of the American flag. As of September 22, this measure has 90 cosponsors. On June 14 of last year Senators Orrin Hatch (UT) and Max Baucus (MT) introduced Senate Joint Resolution (S.J. Res.) 19, companion legislation to the House bill. To date the Senate bill has 36 cosponsors. Chances for passage of this legislation during the lame-duck session of the 112th Congress are very slim. The American Legion will continue to seek passage of a constitutional amendment to protect the American flag because it is the right thing to do. Let the people decide.

Children & Youth A number of Legion-supported programs were funded by P.L. 112-175, the continuing resolution to fund the federal government for the first half of FY 2013. Among them were programs of the Department of Justice. These included: x $8.1 billion for the FBI; x $2.0 billion for the Drug Enforcement Administration (DEA); x $1.2 billion for the U.S. Marshals Service; x $1.1 billion for state and local law enforcement assistance; x $1.1 billion for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and, x $262 million for various state and local law enforcement and crime prevention grant programs, aimed at combating juvenile delinquency and Proceedings of Thursday, October 18, 2012 191 youth crime prevention. These programs are assigned to the Office of Juvenile Justice and Delinquency Prevention (OJJDP). The OJJDP program has been enthusiastically supported by The American Legion since its creation in 1974.

Economics With the enactment of P.L. 112-175, funding for the Department of Labor's Veterans Employment and Training Service (DOL VETS) was put in place for a six month period at FY 2012 spending levels. This amount totals $265 million. There may be some modifications to this funding amount when legislation to fund the remainder of FY 2013 is enacted sometime this spring. On Thursday, September 20, the House Veterans' Affairs Subcommittee on Economic Opportunity held a hearing aimed at examining the redesign of the Transition Assistance Program (TAP), which is the program used by the Department of Defense to aid service members in the transition from military to civilian life. The program was made mandatory for all service members – it had previously been voluntary – under last year's P.L. 112-56, the VOW to Hire Heroes Act of 2011. The Marine Corps has had mandatory TAP since before it became mandatory, and has been given the go-ahead to continue its program as-is. Their current program consists of tracking, that is, service members are able to choose a track (employment, education, entrepreneurship), and are given instruction tailored to their choice. Other services, however, have opted to go with a different model, specifically, one which features a focus on employment, with the tracking portion being optional and additional. Subcommittee chairman Rep. Marlin Stutzman (IN), as well as ranking member Rep. Bruce Braley (IA), both indicated their support for the implementation of the Marine Corps model for all branches, specifically citing concerns that optional portions may be unrealized for the majority of transitioning service members, given that they would be at the commander's discretion. The House of Representatives on September 28 passed S. 3624, the Military Commercial Driver's License Act of 2012 by a unanimous consent agreement. This was possible because the House of Representatives met in pro-forma session. The bill essentially allows active duty military, military reserves, National Guard, active duty United States Coast Guard, or Coast Guard Auxiliary service members to earn their commercial driver's licenses in states where they are stationed. The bill has been sent to the White House for the President's signature.

Internal Affairs The House Natural Resources Subcommittee on National Parks, Forests and Public Lands held a legislative hearing on September 11 to examine two bills, H.R. 6364 and H.R. 4969. The America Legion took an interest in H.R. 6364, given that it relates to the establishment of a World War I centennial commission, which would: x Plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I x Encourage private organizations and State and local governments to organize and participate in activities commemorating the centennial of World War I x Facilitate and coordinate activities throughout the United States relating to the centennial of World War I x Serve as a clearinghouse for the collection and dissemination of information about events and plans for the centennial of World War I 192 Proceedings of Thursday, October 18, 2012 x Develop recommendations for Congress and the President for commemorating the centennial of World War I and which would both designate the World War I Museum and Monument in Kansas City as a National World War I monument, as well as allow for the creation of a new monument on the National Mall in Washington, DC, in the area of Constitution Gardens.

The bill specifies the memorial would be no more than 1.5 acres, and spending for the memorial would be capped at $10 million, with no federal funds being obligated by the bill.

National Security Seven years ago, Congress passed Public Law 109-437, the Stolen Valor Act of 2005. This law made it a crime for individuals to lie about military service and awards. However, this law was overturned on June 28 by the U.S. Supreme Court in the case of United States v. Alvarez. In response, a bipartisan group of congressional lawmakers developed legislation – H.R. 1775 – to replace it. During a House Judiciary Committee mark-up session on August 1, H.R. 1775 was heavily modified. Among the changes were: x Individuals who wear military medals or decorations that do not belong to them were exempted from penalties outlined in the bill. This was due to concerns raised in the Alvarez decision in which the Supreme Court stated that simply wearing medals was considered free speech. x Additionally, language making it a crime to have specifically claimed service in a special operations unit or in a combat zone was dropped. x However, the new bill makes it a crime to claim that an individual was awarded a "Combat Badge." It includes a definition for "Combat Badge," which is defined as a Combat Infantryman's Badge, Combat Action Badge, Combat Medical Badge, Combat Action Ribbon or Combat Action Medal. x The new measure enforces penalties against individuals who, with the intent to obtain money, property or anything of value, fraudulently hold themselves out to be recipients of a military decoration or medal. The original text enforced penalties against those who, "with the intent to obtain anything of value, knowingly makes a misrepresentation regarding his or her military service." x Under the bill, punishments against such individuals would include fines or imprisonment of no more than a year, or both. The previous version had higher crimes for claiming the receipt of the Congressional Medal of Honor, Special operations service, and service in a Combat Zone. The new text makes the punishment uniform.

On September 13, the House passed the bill by a vote of 410-3. The measure now goes to the Senate for passage, which may occur during the upcoming lame-duck session.

With the enactment of P.L. 112-175 – the FY 2013 continuing appropriations measure – funding for DOD programs remains at nearly the same level as was enacted for FY 2012. This translates into DOD funding at $519.9 billion, which is $700 million above the level of the House-approved spending measure. There is also an additional $100 billion for Overseas Contingency Operations. However, DOD faces the daunting task of weathering projected funding cuts while still keeping our nation safe. The department faces nearly $1 trillion in spending reductions over the next 10 years, if sequestration is allowed to occur. The American Proceedings of Thursday, October 18, 2012 193 Legion's Resolution 61, National Defense Funding, passed at the National Convention in August, clearly draws the line in the sand in terms of Legion policy on DOD cuts. The resolution states, "That The American Legion demand Congress and the Administration to cease all efforts to reduce the defense budget from its current level." Thus, The American Legion is clearly committed to fighting further efforts to cut defense spending below current levels. The Department of Homeland Security (DHS) also received funding under this measure, about $40.1 billion, which is $1 billion above last year's funding total. There were also provisions in the law which allows DHS to maintain its Border Patrol staffing levels, as well as for increased cyber security. However, DHS faces the possibility of a 7.8 percent cut in funding if sequestration goes into effect.

Veterans Affairs and Rehabilitation On Wednesday, September 12, the Senate Veterans' Affairs Committee held a business meeting in which it considered several pieces of legislation which were pending before the committee. Six pieces of legislation were considered; they included: x S. 3340, introduced by committee Chairman Patty Murray (WA),. the Mental Health Access to Continued Care and Enhancement of Support Services (ACCESS) Act of 2012. This bill seeks to improve the provision of mental health care to members of the Armed Forces and veterans, to improve assistance to homeless veterans, to improve the provision of health care and benefits to veterans, and for other purposes; x S. 3322, introduced by Sen. Sherrod Brown (OH), the Servicemembers' Protection Act of 2012. This measure would strengthen enforcement and clarify certain provisions of the Servicemembers Civil Relief Act and chapter 43 of title 38, United States Code (U.S.C.), and for other purposes; x S. 3313, also introduced by Chairman Murray, is the Women Veterans and Other Health Care Improvement Act of 2012. This legislation would amend title 38, U.S.C., to improve the reproductive assistance provided by VA to severely wounded veterans and their spouses, and for other purposes; x S. 2259, introduced by Sen. Jon Tester (MT), is entitled the Veterans' Compensation Cost-of-Living Adjustment Act of 2012. This bill would provide for an increase, effective December 1, 2012, in the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans, and for other purposes; x S. 2241, also introduced by Chairman Murray, is the GI Bill Consumer Awareness Act of 2012. This measure would ensure that veterans have the information and protections they require to make informed decisions regarding use of Post-9/11 Educational Assistance, and for other purposes; and, x S. 1707, introduced by the committee's ranking member Sen. Richard Burr (NC), is entitled the Veterans Second Amendment Protection Act. This legislation would amend title 38, U.S.C., to clarify the conditions under which certain persons may be treated as adjudicated mentally incompetent for certain purposes. All these bills were reported out of committee, but with some amendment. None of the measures have been scored by the Congressional Budget Office, but Chairman Murray said the necessary funding would be found before the bills are reported to the full Senate. As contained in the continuing appropriations measure (P.L. 112-175), VA discretionary funding for FY 2013 totals nearly $60 billion. This includes $53.1 billion in 194 Proceedings of Thursday, October 18, 2012 advance appropriations for VA medical care accounts passed last year. One area that saw increased funding was the General Operating Expenses-Veterans Benefits Administration account. This area will receive $2.16 billion, an increase over last year of $145 million. This additional funding is aimed at fighting the burgeoning claims backlog which VA has failed to resolve for the past several years. On October 5, President Obama enacted Public Law (P.L.) 112-191, the VA Major Construction Authorization and Expiring Authorities Extension Act of 2012.The major provisions of this measure include: x Authorization for construction of a mental health building at the VA Medical Center (VAMC) in Seattle, WA, with a price tag of $222 million; x Authorization for construction of a spinal cord injury center at the VAMC in Dallas, TX, in the amount of $155 million; x Authorization for renovation of the surgical suite and operating rooms at the VAMC in Miami, FL, for an amount totaling $41 million; Further, P.L. 112-191 provided a one-year extension of authority for VA to: x Operate a VA Regional Office in Manila, Republic of the Philippines; x Provide treatment, rehabilitation, and certain other services for seriously mentally ill and homeless veterans; x Provide housing assistance for homeless veterans; x Continue the Advisory Committee on Homeless Veterans; and, x Continue the performance of medical disability examinations by contract physicians.

SEQUESTRATION: How will it Affect National Security and VA?

When President Obama signed Public Law (PL) 112-25, the Budget Control Act of 2011, into law on August 2, 2011, it was thought to be a workable compromise to end battles over increasing the federal debt limit ceiling and limiting government spending. Congress and the President had been in dispute for months trying to pass legislation to raise the federal debt ceiling; which allows the federal government to borrow money to pay its bills. However, after the 2010 elections, the Republicans became the new majority in the House of Representatives, and the new House leadership wanted to find ways to reduce federal spending as part of any debt ceiling increase decision. PL 112-25 amended the Balanced Budget and Emergency Deficit Control Act of 1985 to put into place an automatic process of across-the-board reductions in budgetary funds, known as sequestration. These reductions would be specified in an order to be issued on January 2, 2013, if a Joint Select Committee on Deficit Reduction failed to propose, and if Congress failed to enact, a bill containing at least $1.2 trillion in deficit reduction. As a part of the law Congress appointed a committee of twelve members, known formally as the "Joint Select Committee on Deficit Reduction" and less formally as the "Supercommittee." This committee was charged with finding at least $1.2 trillion in deficit or debt reduction over the next ten years – either from discretionary spending cuts, savings in entitlement programs, or new increases in tax revenues. To help the committee in its deliberations The American Legion created an ad hoc Task Force that brought Legionnaires from committee members' home districts or states to Washington, DC in early November 2011, to urge them to find a compromise and to protect national security and veterans' programs from disastrous spending cuts. Despite those efforts, no compromise was reached, thus triggering the scheduled process of sequestration. Sequestration means that if Congress fails to approve a bill that achieves the necessary $1.2 trillion in cuts, or if the bill's recommendations fall short of that goal, the President, through the Office of Management and Budget (OMB), is directed to Proceedings of Thursday, October 18, 2012 195 "sequester" (i.e., not spend) the amount of money needed to make up the difference between what was approved for cuts and the $1.2 trillion goal. Basically, OMB will review every federal account, and those accounts that are not exempt by law or OMB policy, will be reduced by a uniform percentage amount of money. These cuts take effect January 3, 2013, and affect the FY 2013 budget. To date, no appropriations have been passed for FY 2013. However, prior to recessing to campaign for the November elections, Congress did pass a continuing resolution (CR) to fund the government for a portion of FY 2013. This CR runs from October 1 (the beginning of the fiscal year) through March 27, 2013. The CR was signed by President Obama on September 28, as P.L. 112-175. Cuts to the Department of Defense (DOD) are to be approximately $500 billion over the next ten years and The American Legion thinks those projected cuts are extremely painful to both DOD personnel and programs. These cuts come on top of a budget already facing cuts of $487 billion over ten years. Recently, DOD Secretary Leon Panetta noted, "[the additional cuts would be] like shooting ourselves in the head." According to Secretary Panetta, "…sequestration would leave our nation with its smallest ground force since 1940, smallest number of ships since 1915, and smallest Air Force in its history," and "would inflict severe damage to our national defense for generations." The indiscriminate across-the-board defense cuts scheduled to start this January would result in a 9.4 percent reduction to defense discretionary funding and a 10 percent reduction to defense mandatory spending programs. The administration reports that "sequestration would result in a reduction in readiness of many non-deployed units, delays in investments in new equipment and facilities, cutbacks in equipment repairs, declines in military research and development efforts, and reductions in base services for military families." Specifically, the Army would see a $7 billion reduction in operations and maintenance (O&M) funding, and the Navy and Air Force would each lose another $4.3 billion in their O&M accounts. With regard to the Department of Veterans Affairs (VA), VA funding is excluded from sequestration on January 2. Although funding for VA is exempt, The American Legion will continue to be vigilant in protecting those programs as the budget process continues in FY 2013. For example, Congress failed to include advance appropriations in the current CR. It should also be noted that veterans' programs and services in other departments, like DOD and Labor, will have their funds sequestered, and we will continue to lobby to save funding for those much needed programs. Although Congress has so far failed to come to an agreement regarding spending cuts, or some combination of spending cuts and tax increases, The American Legion does anticipate Congress will continue to debate this matter in the lame-duck session that begins November 13 after the November 6 elections. From the beginning, the idea of sequestration was comparable to the Cold War concept of Mutual Assured Destruction. Both parties were supposed to find the consequences so unpalatable as to assure a compromise. However, the implementation of budget cuts has turned out to be merely a continuation of the partisan brinksmanship that has ruled the budget debates from the very beginning of this Congress. The hope, as expressed by former Supercommittee co-chair Senator Patty Murray (WA), was the process "will make sure every member of Congress and the public understands the impact of sequestration, as well as the need to replace both the defense and non-defense cuts in a balanced and bipartisan way." Unfortunately, the current political climate indicates both parties have become entrenched in their positions. Members of both parties have decided to hold off taking any budgetary action until after the November general elections. The reasoning for this lack of action is because Congress expects the American people to provide direction for the best approach to balancing the federal budget. 196 Proceedings of Thursday, October 18, 2012 However, it is also just as likely the November election results will be as divided and inconclusive as the current situation on Capitol Hill and in the White House. In such a case, there will be no clear road map towards how the cuts should be made. The deep political divisions of this Congress will continue through the remaining weeks of the lame-duck session after the members return, thus making compromise unlikely; and sequestration will occur on January 2, 2013. On that next day, the 113th Congress will be sworn into office and it is that Congress that will have to deal with the consequences of sequestration. The American Legion will continue to lead the way in demanding protections for VA and DOD and demanding the politicians keep to their oft repeated promises "not to balance the budget on the backs of America's veterans." In case of such an eventuality, The American Legion is preparing a campaign of action for the 113th Congress to aggressively continue this fight for America's veterans, service members, and their families. This concludes The American Legion National Legislative Commission's Report to the National Executive Committee.

Addendum I

The National Legislative Commission is required, under Rule 8-b of the National Executive Committee, to compile a list of resolutions with legislative intent adopted during meetings of The American Legion National Convention and The American Legion National Executive Committee. The following resolutions constitute an ongoing list of all resolutions that are legislative in nature. This list of resolutions will constitute part of The American Legion's legislative program through the 113th Congress.

The following resolutions were adopted at the 94th National Convention in Indianapolis, Indiana August 28-30, 2012:

Americanism Res. No. 217 English Language be declared as the Official United States Language Res. No. 268 Strategy to Address Social, Economic and Population Problems Related to Illegal Immigration Res. No. 269 Return Patriotic Holidays to Traditional Dates Res. No. 270 English Language be used in Naturalization Ceremonies Res. No. 271 School Prayer Res. No. 272 Constitutional Amendment to Protect the Flag of the United States Res. No. 273 Oppose Importation of Foreign Manufactured American Flags Res. No. 274 Conscientious Objectors Tax Diversion Res. No. 275 Amend the "Temporary Protected Status" Portion of the Immigration Act of 1990 Res. No. 276 Support Fairness for Immigrant Spouses Res. No. 277 Oath of Renunciation and Allegiance Res. No. 278 The Boy Scouts of America and the Department of Defense Res. No. 279 The Pledge of Allegiance Res. No. 280 Oppose Flag Code Change Conduct During Hoisting, Lowering or Passing of the Flag or During the National Anthem Res. No.281 Eliminate Damages and Attorney Fees in Establishment Clause Lawsuits Res. No. 282 Star Spangled Banner Proceedings of Thursday, October 18, 2012 197 Children & Youth Res. No. 250 Protect Children from Unrestricted Media Res. No. 251 Financially Assist Families Faced by Catastrophic Illness of their Children Res. No. 252 Maximize Efforts to Screen Children for Sickle Cell Disease Res. No. 254 Oppose any Attempt to Weaken Present Laws Governing Penalties for the Production, Sale and Distribution of Pornographic or Obscene Materials to Minors Res. No. 256 Support Efforts to Immunize all Children Res. No. 257 Support Funding Comprehensive Health Care for Children & Youth Programs Res. No. 258 Funding for Drug Trafficking Prevention Programs Res. No. 259 Prevention of Child Sexual Exploitation Res. No. 260 Reducing or Preventing Teen Pregnancy Res. No. 261 Locate Missing Children and Prevent Child Victimization Res. No. 262 Prevent Child Maltreatment Res. No. 263 Programs and Organizations that Promote Child Safety Res. No. 264 National School Lunch Program Res. No. 265 Establish "National Family Week" Res. No. 266 Improving Services for Children Living in Foster Care

Economic Res. No. 37 Support for the Strengthening and Adequate Funding of the National Veterans Training Institute (NVIT) Res. No. 47 Support Improvements in the Reporting Programs Available to and Administered by Veterans' Employment and Training Service Res. No.48 Support the Restoration of the Duties and Responsibilities of the Disabled Veterans' Outreach Program (DVOP) Specialist and Local Veterans' Employment Representative (LVER) Res. No. 50 Support Legislation that Bolsters the Hiring of Veterans in the Public and Private Sectors Res. No. 52 Support Legislation that would return Disabled Veterans' Outreach Program (DVOP) and Local Veterans' Employment Representative (LVER) Funding to a Staffing Grant Res. No. 53 Support Legislation that Ensures that all Agencies that Receive Funding from the U.S. Department of Labor or the Workforce Investment Act meet the Mandatory Compliance Standards for Veterans Preference Res, No. 54 Support Legislation that would change the 12 Years Delimiting "Date for Eligibility to Chapter 31benefits (VA Vocational Rehabilitation and Employment Program Res. No. 220 Surviving Spouse Mortgage Eligibility Res. No.296 Amending the Eligibility for the Transfer of the Post-9/11 GI Bill Educational Benefits Res. No. 297 Support Legislation to Amend Title 38 United States Code, to Prohibit Discrimination and Acts of Reprisal by Employers against Veterans that seek Treatment for their Service-Connected Disabilities Res. No. 298 Transition Assistance Program Employment Workshops for National Guard and Reserve Members Res. No. 299 Authorize Small Business Administration to Re-Establish a Direct Loan Program for Veteran Entrepreneurs 198 Proceedings of Thursday, October 18, 2012 Res. No. 300 Supporting the U.S. Economy and increase U.S. Energy Security through a Canadian-American Oil Pipeline Res. No. 301 Eliminate Delimiting for the Montgomery GI Bill and Post 9/11 GI Bill Res. No. 302 Elimination of the VA Home Loan Funding Fee Res. No. 303 Support Regulation of For-Profit Schools and State Approving Agencies Res. No. 304 Support Full Funding and Staffing for the Veterans Employment and Training Services (VETS) Res. No. 305 Support Funding for Additional Housing for Homeless Veterans with Families Res. No. 306 Funding for Homeless Veterans Res. No. 307 Home Loan Guaranty Program Res. No 308 Homeless Veterans Assistance Res. No. 309 Support Expanding the Departments of Housing and Urban Development and Veterans Affairs Supportive Housing Voucher Program Res. No. 310 Support an Investigation of Hiring Practices in the Federal Government Res. No. 311 Support Major Enhancements for the Montgomery GI Bill Res. No.312 Allow Military Retirees to apply for Position in Federal Law Enforcement after Age 37 Res. No. 313 Support for the Military Transition Program Res. No. 314 Support Extended Time for Mortgage Payments for Service Members Res. No. 315 Oppose Department of Labor Veterans Employment and Training Services Hiring of Non-Veterans Res. No. 316 Oppose the Transfer of Veterans' Employment and Training Service to the Department of Veterans Affairs Res. No. 317 Oppose any Weakening of the Disabled Veterans Outreach Program and Local Veterans Employment Representative Res. No. 318 Support Recognition of Military and Pay when Calculating Starting Federal Civilian Salaries Res. No. 319 Support Increase in Reporting Fees for Educational Institutions Res. No. 320 Support Effort of the Small Business Administration's (SBA) Office of Veterans Business Development Res. No. 321 Support Reasonable Set-Aside of Federal Procurements and Contracts for Business Owned and Operated by Veterans Res. No. 322 Oppose Efforts to Change the Residency Requirements for State Directors of the Veterans Employment and Training Service (VETS) Res. No. 323 The Status of Service-Disabled Veteran-Owned Business after the Death of the Veteran Owner Res. No. 324 Support the Rollover of IRA Account Penalty of Tax Liability of a Permanent and Total 100 percent Service-Disabled Veteran with Individual Unemployability Res. No. 325 Support Licensure and Certification Standards for Veterans' Health Administration Res. No. 326 Support Licensure and Certification of Active Duty and Selected Reserve Personnel Res. No. 327 Support Legislation to Improve the Post 9/11 GI Bill Res. No. 328 Support and Strengthen the Servicemembers Civil Relief Act (SCRA) Res. No.329 Support for Vocational Rehabilitation and Employment Program Hiring more Counselors and Employment Coordinators Proceedings of Thursday, October 18, 2012 199 Res. No. 330 Support Veterans' Preference in Public Employment Res. No. 331 Support Legislation to Enable Veteran Service Organizations to Gain Better Access to Federal Surplus Property by making them their Own Category of Eligibility Res. No. 332 Support Tax Credit for Certain Employers Res. No. 333 Work Opportunity Tax Credit Program Res. No. 334 Transitional Housing Allotments for Returning Combat Veterans Res. No. 335 Veterans Employment Initiative Res. No. 336 Veterans Entrepreneur Training Program Res. No. 337 Veterans Home Loans

Foreign Relations Res. No. 75 Social Security Survivor Benefits for Non-Resident Alien Spouses and Dependents Res. No. 76 Securing Pakistan's Nuclear Arsenal Res. No. 77 Middle East/Gulf States Foreign Policies Res. No. 78 POW/MIA Policies Res. No. 79 Vietnam Human Rights Res. No. 80 Support for Foreign Exchange Education Programs Res. No. 81 The American Legion Global Trade Policies Res. No. 82 Policy on Africa Res. No. 83 The American Legion Foreign Policy Objectives Res. No. 84 Central America's Democracy Promotion Res. No. 85 The American Legion's Policy on the United Nations Res. No. 86 The American Legion's Policy on Veterans Mail at Overseas Embassies Res. No. 87 Western Hemisphere Institute for Security Cooperation (WHINSEC) Res. No. 88 The American Legion's Support for World Press Freedom Res. No. 89 Enhanced Funding for USAID Res. No. 90 Expand Foreign Service Officer Corps Res. No. 91 Secure National Boarders against Illegal Drugs Res. No. 92 Policy on Cuba Res. No. 267 Taiwan Defense Arms Sales

Internal Affairs Res. No. 46 Man in the Sea Memorial Monument Res. No. 158 Battle of Camden Site and Historic Camden Revolutionary War Site be Place under the National Park Service Res. No. 215 Increase Income Tax Deduction for Volunteer Mileage

National Security Res. No. 15 Authorize and Fund Tricare for Reserve Components and Dependents Res. No. 17 Establish a Strategic Plan for Internal Security within the United States Res. No. 18 Flexible Savings Accounts Res. No. 19 Fully Enforce Immigration Laws Res. No. 21 Illegal Immigration Policy Res. No. 22 Include Chiropractic Care and Services in Tricare Coverage Res. No. 24 Oppose Tricare Fee increases Res. No. 25 Prohibit Foreign Investments in U.S. Defense Industry 200 Proceedings of Thursday, October 18, 2012 Res. No. 26 Reference Veterans Service Organizations at Discharge Res. No. 28 Support for Concurrent Receipt of Military Retirement Pay and VA Disability Compensation Res. No. 29 Support for Military Quality of Life Standards Res. No. 30 Support for Pain Management Research, Treatment and Therapies at DoD, VA and NIH Res. No. 31 Support for the Jones Maritime Act and Related Cabotage Laws Res. No. 33 The American Legion Policy on the Correction of Military Records Res. No. 49 Retirement Pay and Disability Compensation Res. No. 55 Codify Burial Eligibility for Arlington National Cemetery Res. No. 56 Commercial Shipbuilding for Defense Res. No. 57 Department of Defense (DOD) Personnel Policy Res. No. 58 The Department of Defense Military Retirement System Res. No. 59 Earned Military Benefits Res. No. 60 Handling of Military Remains Res. No. 61 National Defense Funding Res. No.62 Protection, Preservation and Retention of Federal and Military Monuments in the United States Res. No. 63 Rebuild America's Defense Industrial Base Res. No. 64 Support for Armed Forces Retirement Homes Res. No. 65 Support for Financial Anti-Terrorism Law Enforcement Res. No. 66 Support for Legislation Prohibiting Hate Speech at Military Funerals Res. No. 67 Support for the American Battle Monuments Commission Res. No. 68 Second Amendment Res. No. 69 Support for the Department of Homeland Security and Coast Guard Res. No. 70 Support for the United States Air Force Res. No. 71 Support for an Uniformed Services University of the Health Sciences Res. No. 72 Support Full Funding and Resourcing for the U.S. Navy and Marine Corps Res. No. 73 Support Full Funding for the Department of the Army Budget Res. No. 74 The American Legion's Position on the Operational Reserve Res. No. 138 Long-Range Strike Capabilities Res. No. 139 Military Occupational Specialty Standards Res. No. 140 Support for Research and Development of Air Breathing Scramjet Powered Vehicle Res. No. 141 Support for the Reformation of the Military Voting System Res. No. 142 Support for the Selective Service Registration Program Res. No. 144 Identifying National Interests before Committing Military Forces and Assets Res. No. 145 Support Domestic Energy Production Res. No. 146 Support Fight against Cyberspace Threats Res. No. 147 Support Research and Funding for Alternative Energy Resources Res. No. 148 Support for the Global War on Terrorism Res. No. 149 Buy American Res. No. 150 Military Commissaries Res. No. 151 Support for the Non-Federal Roles of the National Guard Res. No. 152 Support Unmanned Vehicles Res. No. 153 Support for NASA and Advancements in Aeronautical and Space Research Res. No. 154 Support for National Missile Defense System Res. No. 155 Rare Earth Elements Res. No. 156 Reserves and National Guard Retirement Benefit Fairness Proceedings of Thursday, October 18, 2012 201 Res. No. 157 Develop Defense against Electromagnetic Pulse Attack Res. No. 167 Fully Fund NASA Res. No. 207 Pipeline Construction and Energy Independence Res. No. 283 Amend Stolen Valor Act Res. No. 284 Guard and Reserve Space-A Travel

Veterans Affairs and Rehabilitation Res. No. 93 Strategic Capital Investment Planning (SCIP) Program Res. No. 94 The Department of Veterans Affairs Pharmacy Benefits` Res. No. 95 Environmental Exposures Res. No. 96 Blue Water Navy Vietnam Veterans Res. No. 97 Protection of Religious Rights and Ceremonies at National Cemetery Administration (NCA) National and State Cemeteries Res. No. 98 Provide the Department of Veterans Affairs the Ability to Purchase Medications Located Outside the United States Res. No. 99 Increase the Transparency of the Veterans Benefits Administration's (VBA) Claims Processing Res. No. 100 Oppose Legislation Authorizing Legion-Accredited Representatives to Develop Claims Directly on Behalf of The Department of Veterans Affairs Res. No. 101 Clarification of" Service in Vietnam" for the Purpose of Agent Orange Presumption Res. No. 103 Exempt Purple Heart and Medal of Honor Recipients from VA Prescription Co-Payment Res. No. 104 Gulf War Illnesses Res. No. 105 Support Presumption of Service Connection for Hepatitis C Res. No. 106 Disability and Death Pension Program Res. No. 107 Recognize Operations in Lebanon (1958), Grenada (1983), and Panama (1989-1990) as Periods of War for Department of Veterans Affairs Pension Purposes Res. No. 108 Request Congress Provide the Department of Veterans Affairs Adequate Funding for Medical and Prosthetic Research Res. No. 109 The Department of Veterans Affairs Mental Health Services Res. No. 110 Department of Veterans Affairs Life Insurance Program Res. No. 111 Open-Ended Presumptive Period for Undiagnosed Illnesses for Gulf War Veterans Res. No. 112 Oppose any Reduction of Eligibility Criteria for Department of Veterans Affairs Per Diem Payments to State Veterans Homes Res. No. 113 Amend the Eligibility Requirements and Extend the Eligibility Time Period for Service-Disabled Veterans Insurance Res. No. 114 Radiation Exposure Res. No. 115 Extend Department of Veterans Affairs (VA) Protection Life Insurance to Service-Connected Veterans who are Permanently and Totally Disabled Res. No. 117 All Veterans Receive "Wartime" Benefits for Active Military Service between February 28, 1961 and August5, 1964 Res. No. 118 Revision of Work-Rate Standards for Department of Veterans Affairs Adjudicators Res. No. 119 Veteran Treatment Courts Res. No. 120 Include World War II Veterans in Priority Group 6 for Department of Veterans Affairs Health Care Res. No. 121 The Department of Veterans Affairs Nursing Home Capacity 202 Proceedings of Thursday, October 18, 2012 Res. No. 122 Prostate Cancer Research and Treatment Res. No. 123 Support Legislation to Place Mariner Medal Recipients in Priority Group 3 for the Department of Veterans Affairs Health Care Res. No. 125 Means Test for Married Veterans Res. No. 126 Veterans Receive Same Level of Benefits Res. No. 127 Service Dogs for Injured Service Personnel and Veterans with Mental Health Conditions Res. No. 128 Designate United States Air Force C-123K Transport Aircraft as Agent Orange Exposure Sites Res. No. 129 The Department of Veterans Affairs Enhanced-Use Leasing Res. No. 131 State Veterans Homes' Extended Care Facilities Grant Program Res. No. 132 The American Legion Policy on State Veteran Homes Inspections Res. No. 133 Support Medicare Reimbursement for the Department of Veterans Affairs Res. No. 135 Opening the Federal Supply Schedule for Pharmaceuticals to Medicare and Medicaid Res. No. 136 The Department of Veterans Affairs to Develop Outreach and Peer to Peer Programs for Rehabilitation Res. No. 162 Department of Veterans Affairs Veteran Integrated Service Networks Res. No. 172 Dependency and Indemnity Compensation Benefits to Surviving Spouses of Former Prisoners of War Res. No.173 Allow Beneficiaries to Retain some of their Benefits while in Medicaid-Covered Nursing Homes Res. No. 174 Extend the Filing Period of an Appeal Notice to the Court of Veteran Appeals for Veterans Claims Res. No. 175 National Cemetery Administration Res. No. 176 State Veteran Home Per Diem Reimbursement Res. No. 178 Department of Veterans Affairs (VA) Disability Compensation Res. No. 179 Amend Title 38, United States Code to increase the special Monthly Compensation (K) Award Res. No. 180 Assured Funding for VA Medical Care Res. No. 181 The Department of Veterans Affairs Dental Care Res. No. 182 Presumptive Conditions for Former Prisoners of War Res. No. 183 The Department of Veterans Affairs' Role in National Emergency Preparedness Res. No. 193 The Department of Veterans Affairs to Provide Benefits for Pending Claims over 90 Days Res. No. 196 Co-Payments and Enrollment Fees for Priority Groups 7&8 Res. No. 197 Tobacco-Related Disabilities Res. No. 198 Exempt Certain Income from VA Pension Rate Determination Res. No. 199 Agent Orange Res. No. 200 Exempt VA Benefits and Services from Pay-Go Provisions Res. No. 212 Increase Maximum Coverage under the Service-Disabled Veterans Insurance Res. No. 222 Extend Eligibility for National Cemetery Administration Medallion Res. No. 224 Department of Veterans Affairs Service-Disabled Life Insurance Res. No 225 United States Census to Include Veterans Information Res. No. 226 Automatic Waiver for Over-Payments of $300 or Less Res. No. 234 Oppose Lump Sum Payments for Department of Veterans Affairs Disability Compensation Res. No. 237 Urn Markers Provided by the National Cemetery Administration Proceedings of Thursday, October 18, 2012 203 Res. No. 285 Traumatic Brain Injury and Post Traumatic Stress Disorder Programs Res. No. 286 Department of Veterans Affairs (VA) Involvement in the Department of Homeland Security Res. No. 288 Department of Veterans Affairs to Include and Treat Family Members of Veterans with Illnesses and Injuries Res. No. 289 WWII Veterans Hospital and Medical Entitlements Res. No. 290 The Department of Veterans Affairs (VA) Means Test Res. No. 291 The Department of Veterans Affairs to Receive Private Hospital Documentation within One-Year of Services Res. No. 292 Eliminate the Requirement that a Veteran had to Serve in Vietnam to be Eligible for Wartime Benefits Res. No. 293 Veterans Transportations System (VTS) & benefits Travel Res. No. 294 Department of Veterans Affairs Rural Healthcare Program Res. No. 295 Military Sexual Trauma (MST)

The following resolutions were adopted in the Fall meetings of the National Executive Committee, October 17-18, 2012

Americanism Res. No. 60 Flag Code Amendment

Economic Res. No. 20 Support "Buy American" Policy at the Department of Veterans Affairs to Create Jobs and Opportunities for Veterans Res. No. 21 Support Veterans Housing Repair and Modification Pilot Program Res. No. 22 Support Federal Legislation that Protects the Employment of Veterans in the US Postal Service Mail Processing Facilities that are Slated for Closure Res. No. 23 Improve Transition Assistance Program Res. No. 24 Federal and State Incentives for Employers to Use Veterans Preference

National Security Res. No. 26 Piracy Against American Flagged Vessels Res. No. 27 Military Honors Detail Stipend Res. No. 28 National Guard Patriot Academy Res. No. 29 Clark Veterans Cemetery Res. No. 31 Military Service Authorized Strength Res. No. 55 Protecting the Defense Budget

Veterans Affairs & Rehabilitation Res. No. 37 Department of Veterans Affairs Child Care Programs Res. No. 38 Legislation to Provide Reporting, Tracking and Action Dealing with Sexual Assaults in Department of Veterans Affairs Facilities Res. No. 40 Extended Hours and Weekends for Veterans Health Care Res. No. 41 Dependency and Indemnity Compensation Res. No. 42 Virtual Lifetime Electronic Record Res. No. 47 Prevent Exploitation of Veterans and Family Members Applying for Aid and Attendance 204 Proceedings of Thursday, October 18, 2012 RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander I move the report be received and filed. There are no resolutions except for one addendum. ...Second. NATIONAL COMMANDER KOUTZ: You've heard the motion. It's been seconded. Any questions? All in favor say aye. All opposed. Motion carried. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, attached to that report is an addendum. Mr. Commander, I move pursuant to Rule 8b of the National Executive Committee, as approved at the May 2012 NEC meeting, that the 253 resolutions with legislative intent be ratified for distribution as part of the legislative program through the 113th Congress. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any question? Seeing none, all in favor say aye. All opposed. Motion carried. Thank you, Mr. Chairman. I now call on N. Larry Rozier of North Carolina, our national historian for his report.

Report: National Historian N. Larry Rozier, North Carolina

National Commander Koutz, national vice commanders, members of the National Executive Committee and fellow Legionnaires, it is a privilege and a great honor to be the national historian for the world's largest and most respected veterans organization. I would like to thank Commander Koutz for this appointment as your historian. I would like to thank National Executive Committee member, Jerry Hedrick, for his support and guidance. It is with much sadness that the late Ray Smith, past national commander, was not able to witness my appointment. He along with Jerry Hedrick provided great support. Last but not least, I would like to thank North Carolina's past department commanders and all the Legionnaires from the great state of North Carolina for their support. My first task as national historian was to oversee the judging of the post and department histories in the national contest. Thank you to the historians for their many hours of hard work on preserving their histories. I have been a post historian for five years, department historian for seven years and a judge for six years. I can truly attest to the fact that completing the histories for the post and department is a very time consuming task, it takes a year of many hours of dedicated hard work. Also being a judge is a very difficult task. The histories are an important part of the post and departments activities. The members of the National Association of Department Historians of The American Legion (NADHAL) again did a great job of judging the best of the books submitted. Two members of NADHAL that I would like to give a very special thanks are Delfo Barabani, Massachusetts, a past national historian, who coordinated the judging contest and Charemon Dunham, South Dakota, a past department historian, who conducted the orientation and training seminar for the new department historians. Finally, I would like to recognize and express my deepest sincere thanks to Howard Trace and his wonderful library staff for their help and support. Members of the National Executive Committee, I would like to request, when you get back to your respective state, please encourage your department historians to do a history book and submit it. Thank you. Now for the results of this year's contest winners: The results of the One-Year Department Narrative History Contest are: First Award, Plaque, Department of North Carolina Second Award, Plaque, Department of Maine There were no other participants in this category. The results of the One-Year Department Yearbook History Contest are: Proceedings of Thursday, October 18, 2012 205 First Award, Plaque, Department of Ohio Second Award, Plaque, Department of North Carolina Third Award, Plaque, Department of Georgia Honorable Mention, Department of Florida Honorable Mention, Department of Missouri Certificates of Participation are awarded to Departments: Department of South Dakota Department of Washington Department of Pennsylvania Department of Wisconsin The results of the One-Year Post Narrative History Contest are: First Award, Plaque, Marshall S. Sayner Post 341, Bella Vista, AR Second Award, Plaque, Pony Express Post 359, Saint Joseph, MO Third Award, Plaque, Frank E. Booma Post 6, Portsmouth, NH Honorable Mention, Audie L. Murphy Post 336, San Antonio, TX Honorable Mention, Dwight Cowles Post 370, Overland Park, KS Certificates of Participation are awarded to Posts: Frank B. Bartlett Post 7, Buckhannon, WV Bemis-Hunter Post 379, Birchwood, WI Hilton Stone Post 279, Woodbury, TN Colonial Heights Post 284, Colonial Heights, VA The results of the One-Year Post Yearbook History Contest are: First Award, Plaque, Adams Township Post 553, Toledo, OH Second Award, Plaque, Charles S. Hatch Post 79, Berwick, ME Third Award, Plaque, Alois-Dreikosen Post 469, Marathon, WI Honorable Mention, Julius L. Shryer Post 430, Durant, IA Honorable Mention, Frank B. Bartlett Post 7, Buckhannon, WV Certificates of Participation are awarded to Posts: New London Post 40, Springfield, NH Frierson-Nichols Post 8, Winter Haven, FL Huntsville-Madison County Post 237, Huntsville, AL Shelton Beaty Post 18, Arkansas City, KS Earl Graham Post 159, Bryan, TX Gensi-Viola Post 36, Windsor Locks, CT Orchard Park Post 567, Orchard Park, NY Abbeville Post 2, Abbeville, SC John R. Dodgen Post 264, Mableton, GA Milwaukie Post 180, Milwaukie, OR Horseshoe Bend Post 344, Horseshoe Bend, AR Bothell Post 127, Bothell, WA Lewis & Clark County Post 2, Helena, MT Gold Star Post 191, Mount Airy, MD Capt. George D. Matthews Post 288, Coinjock, NC Brentwood Post 156, Brentwood, TN American Legion Post 135, Cornville, AZ New Port Harbor Post 291, New Port Beach, CA Colonial Heights Post 284, Colonial Heights, VA Bryan Mudgett Post 7, Carlsbad, NM Ridgewood Post 53, Ridgewood, NJ Charles A. Persip Post 68, Pittsfield, MA

The instructors and judges for the contest were: 206 Proceedings of Thursday, October 18, 2012 Duane Alexander (IN); Virgil Arling (OH); Delfo Barabani (MA); Paul Bennett (MO); W. Frazier Brinley (CT); Fae Casper (GA); Robert Craig (NE); Nellie DeBaker (WI); Charemon Dunham (SD); Art Ellison (MT); Jackie Evonsion (CT); Kendel D. Feilen (WI); Robert B. Gilmore, Jr. (AZ); D. J. Hall (IA); Robert P. Hernandez (AZ); Joseph Johnston (KS); Johnny Keel (LA); Ken Lee (WA); James A. Mariner (NM); Susan Mason (FL); Michael Miskell (PA); April Wallace (GA); Dan Watrous (OH); Ben Wilcoxen, Jr. (MA); Carl Wipperman (WA); Chuck Zelinsky (IL)

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Commander, motion to receive and file the report of National Historian N. Larry Rozier. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Motion carried. I now have remarks by our national vice commanders. Jeanette Rae, Nevada.

Oral Report: National Vice Commander Jeanette Rae, Nevada

Good morning. Thank you Mr. Commander, members of the NEC, past national commanders, staff, comrades, friends and guests. Thank you for allowing me to address this esteemed body. I am truly honored and humbled. As was stated, I am Jeanette Rae, your national vice commander for the Western Region. I served our great nation on active duty in the United States Air Force from 1979 to 1986, transferring directly into the Air Force Reserve and retiring in 2002. I was the sixth woman in the Air Force to graduate from the school of Explosive Ordnance Disposal, EOD. I completed tours at Travis Air Force Base, Andrews Air Force Base, Hickam Air Force Base Headquarters PACAF. I spent my almost 17 years in the Reserves at Travis Air Force Base as a unit career advisor for an Aerial Port Squadron, and then as the senior group career advisor for the Operations Group. I'm a Paid-up-for-Life member of Post 12 in Reno, Nevada; have been through the chairs at the post, district and department. I just completed my year as department commander. I revitalized one post. I'm a graduate of the national American Legion College, class of 2005, and was requested to come back as a mentor in 2007. I have served on several commissions and committees, including as distinguished guest chairman 2007, when Reno hosted the National Convention. I served as department service officer from 2003 continuously until I resigned to take this post. My goal this year is to visit each department within my region, and to lead the West to number one. I know it's a tall order and rather simple goals, but not easy. My life is VA&R and my passion is service to veterans and The American Legion. Thank you commander. (Applause)

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Commander, motion to receive and file the report of National Vice Commander Jeanette Rae. ...Second. NATIONAL COMMANDER KOUTZ: You've heard the motion and second. Any questions? All in favor say aye. All opposed, carried. I next call on Glenn A. Hickman of Ohio. Proceedings of Thursday, October 18, 2012 207 Oral Report: National Vice Commander Glenn A. Hickman, Ohio

I'll guarantee my report will not be that long. I'm Glenn A. Hickman. I'm from the Department of Ohio where I earned my eligibility to join The American Legion by serving in the United States Air Force during the Vietnam era. I was a security policeman. My overseas duty was in Korea in 1968 and 1969. My Legion leadership experience involved at the post level; I was post commander for three years in a row. Currently serving as post adjutant of Franklin Post No. 1 for the last 10 years. I've been through the district chairs and current district adjutant and finance officer in my 12th District in the Department of Ohio since 2006. At the department level, I served as department sergeant-at-arms, vice commander, and department commander, 2002-2003 under Ron Conley. We formed in 2002 the Department Charities, Inc. corporation which I was elected the president. During the years that we started the Charities, Inc. there, we raised $2,900,000 which we have distributed out to the different charities there throughout the inception of the Charities, Inc. On the national level, I served on the Americanism Council, Legislative Council, Children & Youth Commission. I enjoyed the Children & Youth Commission. What I plan to accomplish this year as national vice commander is to represent our national commander, and the national organization to the best of my ability and to promote the membership increase that we're going to have this year. I also pledge myself to help raise part of our funds in there for $500,000 to Operation Comfort Warriors projects. At this time I would like to take the privilege here to present a check to our national commander for $10,000 for Operation Comfort Warrior. (Applause) ...At this time National Vice Commander Rae assumed the Chair. NATIONAL VICE COMMANDER HICKMAN: Thank you, commander. This is from the Department of Ohio, our past department commanders and their DEC members and current officers. NATIONAL COMMANDER KOUTZ: Thank you very much. ...At this time National Commander Koutz resumed the Chair. RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Commander, motion to receive and file the report of National Vice Commander Glenn A. Hickman. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Carried. Now I call on David R. Hall, West Virginia.

Oral Report: National Vice Commander David R. Hall, West Virginia

First of all, commander, I don't have $10,000 with me. (Laughter) My name is David Hall and I am the Central Region national vice commander, and I am truly, truly honored to be in that position this year, and I thank all of you for that. I am a United States Army veteran of the Vietnam conflict where I made staff sergeant E-6 in two years, which I'm very proud of. In my civilian career, I also worked for American Electric Power for 41 years where I was fortunate enough to work those 41 years and miss three days work. In addition to my Legion membership, I'm also a member of ANAVICUS ; a life member of the Veterans of Foreign Wars; a member of the Loyal Order of Moose and the Masonic Lodge. I've been a member of The American Legion for 27 years as a Paid-Up-For-Life member. On the post level I served as vice commander for two years. I've served as post 208 Proceedings of Thursday, October 18, 2012 commander for three years. I been on the Executive Committee for 13 years, and served in about all other post level positions. On the district level I served as district commander for four years, and Oratorical chairman for five years. On the department level, I was the first Legionnaire from the Department of West Virginia to serve two years as department vice commander. I've also served on many other department committees. On the national level, I've served on the Distinguished Guests Committee and the Resolutions Assignment Committee. My plan for this year is to take my enthusiasm into each and every state that I am responsible for and make each and every veteran aware of all the great things The American Legion does for not only veterans, but their families and their communities. I plan also to do this through the Public Relations Division, and make them aware of every place I'm going to go, because as the commander has stated, we are second to none at what we do, but we do need a little bit of work on patting ourselves on the back and telling everybody else what we do. I want to make everyone aware of Operation Comfort Warriors and the LEAD program. I think when we make all veterans as aware of The American Legion and the programs that each and every person in this room is, each and every veteran will want to join an organization where every day is veterans day. Thank you, Commander. (Applause)

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Commander, motion to receive and file the report of National Vice Commander David R. Hall. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Motion carried. I now call on John E. Neylon from New Hampshire.

Oral Report: National Vice Commander John E. Neylon, New Hampshire

National Commander Koutz, national officers, members and guests of the National Executive Committee. Good morning. It's a pleasure to be here with you today and I look forward to working with each of you for the coming year. Originally from Massachusetts I enlisted in the United States Navy in 1957, serving 12 years on numerous ships and naval air stations as an aircraft electrician, helicopter air crewman and instructor. Between my military years and retirement, I worked for 30 years in the computer industry, and as a veteran employment counselor for the State of New Hampshire. In retirement I continue to serve our nation's veterans, guardsmen and reservists utilizing my veterans counselor experience, the programs of The American Legion and more than 12 years of experience as a volunteer for the Department of Defense Employer Support of Guard and Reserve. I'm an honorary life member of Ingerson-Smith Post 41 in Whitefield, New Hampshire. I have held most of the offices within the post and district. Three years as post commander and two years as district commander. In 1996 I had the pleasure of nominating The American Legion's Small Employer of the Year, and also serving the first of two terms as the department vice commander and department membership chairman. In 1999 I was elected department commander, the first out of my district in more than 50 years. My commander's project that year, I selected the New Hampshire veterans. That was also a tough economic time, and I asked the department to support me in three different ways. One was in supporting a veteran emergency fund for finances for the Proceedings of Thursday, October 18, 2012 209 veterans and families. Number two, I asked all veterans who owned businesses or had anything to do with hiring, to provide veteran preference to our vets. And number three, I asked all of our posts to open their doors to the VA so that we could provide veterans screening clinics and get some of our veterans enrolled in the process. Also during that year as commander, at my mid-winter conference, I had the VA come in, including the director and numerous doctors and staff, and we had a screening clinic at our mid-winter conference where they screened and enrolled veterans and also issued photo ID cards. Also that year I began an adopt-a-vet program where we allowed the posts to go and adopt any veteran who was not an already member of The American Legion, and was a resident in any nursing home, for simply the cost of paying that individual's national dues. We took care of the post and department portion of that. I'm fortunate to have served four years as New Hampshire's alternate and another four years as NEC. And during my NEC time I had three years on the Americanism Commission Liaison Committee, one year on the Economic Commission Liaison Committee. And also for the last eight years I've served on the National Legislative Council. It's an honor to serve as national vice commander this year, and I plan on doing all I can to ensure that the Northeast Region is number one. Thank you very much. (Applause)

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Commander, motion to receive and file the report of National Vice Commander John E. Neylon. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Motion carried. I now call on James H. Holland from South Carolina.

Oral Report: National Vice Commander James H. Holland, South Carolina

Good morning. Commander, members of the NEC, past national commanders and fellow Legionnaires. I'm very honored and proud to be here. My name is James Holland. I'm a native son of the great state of South Carolina. I attended public schools there, and after graduation from high school I enlisted in the Army. I graduated on Thursday. I was in the Army on Monday. My first enlistment was all stateside duty. I attended signal school and served with Army Air Defense Command in the states of New York and New Jersey. After my enlistment was over, I returned to South Carolina and entered college. During college I continued to serve in the Active Reserves. After college and graduate school I still wanted to be a soldier, so at that time we were at the height of the Vietnam War. I volunteered for active duty and Special Forces training. After Ft. Bragg I was off to Vietnam and I served with the 5th Special Forces Group in the Delta. After Vietnam and during the 70's I served in Berlin, with the Berlin Brigade, and in West Germany with the Theater Material Management Center. After returning to the states in the early '80's, I served at Ft. Lewis, Washington and Ft. Bragg, North Carolina, where I served with the South Atlantic Command. I retired in 1985. After retiring from the Army, I returned to my hometown. I had never planned to retire there, but I tell people that I went back to take care of some business and they captured me. And the longest I've been able to get away from there since has been three weeks. I became very involved in community activities and service there. I taught science in the local high school for 12 years. I've served on the City Planning Commission for eight years. 210 Proceedings of Thursday, October 18, 2012 And I also joined the local post, Post 212. I was the adjutant there for more than ten years. I'm a 24-year member of The American Legion. I'm a Paid-up-for-Life member. I served as the district commander. I have served as the zone commander, and I served as the department commander. As department commander I had a project also, and I wanted to bring some unity to my department; I wanted to tell the Legion story, and I wanted to raise money for the Legacy Scholarship Fund. So I chose to walk across the state. I started on the North Carolina border at the highest point we have, Sassafras Mountain, and I walked across the state, 332 miles. It took me 21 days. And along the way each afternoon I would stop in a city, and this was all preplanned, there would be a post there and we would either rally at the post home at five o'clock, and in some cases it would be a veterans monument or something in the center of the city. Every time every evening the post commanders did their part. They brought neighboring posts in. They brought people from the local area in. That was four years ago in 2008. It was a year of political involvement. I got to meet a lot of politicians as I went across the state. In fact, I started out on September 11. As I said, it took 21 days, and along the way I had twenty-one of these rallies with my various posts. It was a great experience. Each evening they would meet me as I came into town. I had no one walking the entire way, but I did have one district commander that walked across his county with me. We would have people to join me as we would walk in, and then the next morning my departure time would be announced and I would always have people out to walk with me a mile, two miles, three miles, whatever. It was a very humbling experience. The people came out and not only did I get to tell them the Legion story, but they told me their stories about their uncles, their fathers, their grandfathers, their cousins. It was a great, great experience. And to walk in Charleston at Battery Park. So it was really the most humbling and enlightening experience I've had in my lifetime. I'm glad I made the decision. At the national level I served on the Insurance Committee for five years, and I'm also a graduate of your Legion College. I think it's a fine, fine thing that we have. I graduated in 2002. I'm honored to have the opportunity to serve this great organization at the national level. As a national vice commander, I will execute the responsibilities of the office to best of my ability. I look forward to a very active and involved year working which the departments of the Southeast. And I'm sure the Southern Caucus would think that I would do my best to make sure that we're number one in membership. So I want to keep Jerry happy and all of the other posts, and make me happy too. But we're looking forward to a very active year in membership. You saw what happened yesterday with the five-year plan. Three million plus is a very, very serious goal when you look at where we are now. We've got to work night and day for years to get there. It's a big number, but I intend to do my share, and I'm sure that you will do your share. I look forward to working with Commander Koutz, and I will do everything I can to support the Comfort Warriors project, and all the challenges that we have with membership and The American Legion agenda. I want to serve and I'll do my best. Thank you. (Applause)

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Commander, motion to receive and file the report of National Vice Commander James H. Holland. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All Opposed. Carried. Let's give our five national vice commanders a round of applause. (Applause) Proceedings of Thursday, October 18, 2012 211 Eligibility of National Officers Daniel S. Wheeler, Virginia, National Adjutant

In accordance with the action of the 13th Annual National Convention of The American Legion held in Detroit, Michigan, September 21-24, 1931, a copy of discharge from service, certified copy of same, or other satisfactory evidence of service record, providing eligibility to membership in The American Legion has been submitted to the office of the national adjutant by the following national officers: James E. Koutz, national commander, Indiana; David R. Hall, national vice commander, West Virginia; Glenn A. Hickman, national vice commander, Ohio; James H. Holland, national vice commander, South Carolina; John E. Neylon, national vice commander, New Hampshire; Jeanette Rae, national vice commander, Nevada; Ronald Derrick, national chaplain, Idaho; N. Larry Rozier, national historian, North Carolina; Alfonso Pulido, national sergeant-at- arms, Indiana. The above proofs have been examined by the national judge advocate, who has certified to the eligibility of the above named officers for membership in The American Legion. Proof of eligibility for other national officers has been submitted to the National Executive Committee on earlier occasions. Attested to by Daniel S. Wheeler, national adjutant.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: I move that the report the adjutant just gave on the eligibility of national officers be approved. ...Second. NATIONAL COMMANDER KOUTZ: You heard the motion and second. Any questions? All in favor say aye. All opposed. Motion carried.

NATIONAL COMMANDER KOUTZ: I ask for the confirmation of interim appointments. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, may I address the national adjutant? NATIONAL COMMANDER KOUTZ: Yes, sir. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, before I do that, you should have on your desk a list of interim appointments; significant gifts to the library, and cancellation of post charters. I think this might be one of the first times in quite a while we've done this, and the reason this took place, last time I got up and made some of these motions, someone asked me, "Do you have that list?" And I had to be honest with him. I said no, I know that the national staff knows that they've done the right job, but I talked to Mr. Wheeler. I want to compliment the national adjutant for getting the staff to have this list made up. So, Mr. Commander, I would like to ask the national adjutant if the list of interim appointments, is that a true and correct list? NATIONAL ADJUTANT WHEELER: I so certify. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, without it being read, I move that this list be approved. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Motion carried.

Confirmation of Interim Appointments National Executive Committee Meeting October 17-18, 2012

Kerrie G. Gill, Sr. (Pennsylvania), National & Homeland Security Council, Vice Chairman (For purpose of a call-in only) 212 Proceedings of Thursday, October 18, 2012 NATIONAL COMMANDER KOUTZ: I now call for confirmation and cancellation of post and/or squadron charters. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, may I again address the national adjutant? NATIONAL COMMANDER KOUTZ: You may. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Adjutant, do you certify this list as a true and correct list, and everything has been done in the departments so that we can try to revitalize these post or squadrons? NATIONAL ADJUTANT WHEELER: I certify that it is a true list, and I certify that it's been certified to us that everything has been done. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Commander, I move the list be approved without being read. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Motion carried.

Confirmation and Cancellation of Post and/or Squadron Charters

On August 27, 2012, at National Convention in Indianapolis, Indiana the National Executive Committee approved the cancellation of thirty-eight (38) posts. The research done on each post prior to any recommendation made as an attempt to see whether these posts could be revitalized is based on the following criteria: Community Size Veteran Population Twenty-one (21) posts have been submitted for cancellation consideration during the Fall NEC Meeting in Indianapolis, IN. Twenty-one (21) posts are recommended for cancellation. It is recommended the twenty-one (21) posts listed below be approved for cancellation: Post Department Name Location # CALIFORNIA 39 West Sonoma County Sebastopol 242 Strathmore Strathmore 243 General Douglas MacArthur Oxnard 300 Groveland Groveland 307 North Hollywood North Hollywood 401 South Antelope Valley Littlerock 835 Cucamonga Cucamonga

ILLINOIS 963 Edward Teffertiller Royalton

MASSACHUSETTS 423 USS Old Ironsides Worcester 424 ESPAS Worcester 453 Nanof-Peristere Worcester

MISSOURI 585 Tharp-Hollweg-Tharp Memorial Concord Village

NEW HAMPSHIRE 30 Mahaney-Brisson Lancaster 94 Bourgoin-Reardon Durham

NEW JERSEY 519 Clearbrook Monroe Proceedings of Thursday, October 18, 2012 213 Township

SOUTH CAROLINA 191 Blythewood Blythewood

TEXAS 281 Travis E. Watkins Gladewater (merge with Ford-Mosley Post 474) 311 The Hart Hart 568 T-Patch San Antonio (merge with Alamo Post 2) 996 Eugene McCray 996

UTAH 40 Wendover Wendover

SAL Charters of The American Legion Presented to The National Executive Committee for Cancellation October 18, 2012

On August 27, 2012 at National Convention in Indianapolis, Indiana the National Executive Committee approved the cancellation of four (4) Squadrons. Two (2) Squadrons have been submitted for cancellation consideration during the Fall NEC Meeting in Indianapolis, Indiana. Two (2) Squadrons are recommended for cancellation. It is recommended that the following two (2) Squadrons be cancelled:

Department Sqdn # Name Location MISSOURI 585 Tharp-Hollweg-Tharp Memorial Concord Village TEXAS 281 Travis E. Watkins Gladewater

NATIONAL COMMANDER KOUTZ: Confirmation of dates for future meetings. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: May I again address the national adjutant? NATIONAL COMMANDER KOUTZ: Yes, sir. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Adjutant, do we have any future dates that have not been confirmed? NATIONAL ADJUTANT WHEELER: No, sir. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Then I move this list be printed in the digest. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Motion carries.

Confirmation of Dates for Future Meetings

2013 Washington Conference February 24-27 2013 Spring Meetings Commissions and Committees May 6-7 National Executive Committee May 8-9 2013 Fall Meetings Commissions and Committees October 14-15 Commanders and Adjutants Conference October 14-15 National Executive Committee October 16-17 214 Proceedings of Thursday, October 18, 2012 2014 Washington Conference March 23-26 2014 Spring Meetings Commissions and Committees May 5-6 National Executive Committee May 7-8 2014 Fall Meetings Commissions and Committees October 13-14 Commanders and Adjutants Conference October 13-14 National Executive Committee October 15-16 2015 Washington Conference February 22-25 2015 Spring Meetings Commissions and Committees May 4-5 National Executive Committee May 6-7 2015 Fall Meetings Commissions and Committees October 12-13 Commanders and Adjutants Conference October 12-13 National Executive Committee October 14-15 2016 Washington Conference February 21-24 2016 Spring Meetings Commissions and Committees May 2-3 National Executive Committee May 4-5 2016 Fall Meetings Commissions and Committees October 10-11 Commanders and Adjutants Conference October 10-11 Fall Meetings October 12-13

NATIONAL COMMANDER KOUTZ: Significant gifts to the library. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, may I again address the national adjutant? NATIONAL COMMANDER KOUTZ: Yes, sir. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Adjutant, the list has been printed and presented to the people. I move that the list be approved without being read. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Motion carried.

Significant Gifts to the National Headquarters Library

Donated by PNC Clarence M. Bacon: One Step At A Time by Josh Bleill Donated by PNC Robert W. Spanogle: "Band of Brothers" framed drawing by Tom Butler Donated by Walter Auer: The Way We Actually Were by Walter Auer Donated by Michael J. Lacivita: Rag Man, Rag Man by Michael J. Lacivita Donated by Larry R. Gadberry: Sullivan Indiana Post #139 yearbook Donated by Scott F. Paradis: Warriors Diplomats Heroes: Why America's Army Succeeds, Lessons for Business and Life Donated by Charles Chapman: Post 138 dedication programs and B Battery, 134th Field Artillery unit history 1915 to 1919 Donated by Adjutant Sandy Lipman: Sons of The American Legion Detachment of Michigan history book Donated by Roy Shawhan: 1950s, 1960s and 1970s National Convention programs and Minnesota Legionnaire Proceedings of Thursday, October 18, 2012 215 Donated by Randy Kessler on behalf of Mrs. Lou Templeton: Manila Bay Sunset: The Long March Into Hell by Billy D. Templeton Donated by Melvin Cook: The United States Navy in the World War by James C. Russell and William E. Moore The following books were donated by The National Association of Department Historians of The American Legion (NADHAL): The Burma Campaign by Frank McLynn; Liberty's Surest Guardian: American Nation-Building from the Founders to Obama by Jeremi Suri; Advance and Destroy: Patton as Commander in the Bulge by John Nelson Rickard; Day Before Yesterday: The Reminiscences of Mrs. Theodore Roosevelt, Jr. by Eleanor Butler Roosevelt; Not Without Honor: The History of American Anticommunism by Richard Gid Powers and Westmoreland: The General Who Lost Vietnam by Lewis Sorley

Significant Gifts to the National Headquarters Museum

Donated by Indiana State Museum: Uniform dress shirt; uniform dress pants; uniform cords (two light blue cords); The National Guard Manual Basic book; Album; two loose photographs – D Company and American Legion Cap; 75 year American Legion pin; 72 American Legion pin; Rifle Cross; To the Utmost Extent of Our Power; miscellaneous medals and five badges. Donated by Betty M. Rutz: Japanese Invasion money – 10 centavos and Poem Donated by William L. Little: Hat, papers and black & white pictures Donated by Pueblo County Historical Society: The American Legion Weekly and other World War I publications Donated by James W. Hare: Military bugle Donated by Patrick K. Myers: "Land of the Free, Home of the Brave" framed and matted lithograph Donated by Vivienne Geiger Hildebrand: Various artifacts from PNC John H. Geiger Donated by Daniel T. Watrous: Membership pin Donated by Lawrence Dugan: A signed numbered print, "Bloody But Unbowed" Donated by Theodore Roosevelt, IV: Portrait of Theodore Roosevelt, Jr. and Long Island Reserve Center bronze plaque Donated by Steve Theodore: 1922 National Convention ticket Donated by PNC Jimmie Foster: March 26, 1920 issue of The American Legion Weekly Donated by James Thurman: 1937 National Convention matchbook Donated by Jane E. Caufield: National Convention and department convention medals, hats and photographs Donated by Phil Morris: World War I photographs Donated by Jann Spalding: L. P. Spalding's photographs, memorabilia from World War I and The American Legion's 1937 trip to Europe Donated by National Treasurer George A. Buskirk: World War I memorabilia of Levi C. Stang Donated by Walt Richardson: South Carolina American Legion Riders Legacy Ride patch Donated by Betty J. Otto-Kretzer: 1980s Department Convention badges, programs and invitations from 1980s – 1990s, two membership award plaques and a post cap and other miscellaneous photographs and pins related to Page T. Otto's activities with Antietam Post 236 (MD) and the Department of Maryland Donated by Roy Shawhan: Membership round-up pins and Auxiliary Past National President pin 216 Proceedings of Thursday, October 18, 2012 Donated by McGee & Company Fine Jewelers: Hand carved by artist Peter Mueller, amethyst and calcite bald eagle on citrine crystal and calcite and tourmaline base

NATIONAL COMMANDER KOUTZ: I now call on Richard W. Anderson of Connecticut for the report of the Subcommittee on Committees.

Report: Subcommittee on Committees Richard W. Anderson, Connecticut, Chairman

Thank you, Commander Koutz. If I may take a moment of personal note, I would appreciate that very much. I just want to take a moment to thank all of you who sent cards of support, emails, telephone calls during the period of time that I was unable to be with you at the department or the National Convention. That support was probably the best medication that I could have had until other things kicked in. The nurse asked me in the hospital when they admitted me the day before convention, when was the last time you were in the hospital. I said 62 years ago. I was eight years old and had my tonsils out. So it came to quite a shock to me to be in the hospital for up to approximately a week. I can only tell you the next year I will be in Houston rather than Middlesex Hospital because it's a hell of a lot cheaper. (Laughter) National Commander Koutz, national officers, my colleagues on the National Executive Committee and guests, Legionnaires. Before I make this report I would once again like to address the importance of all of you to fill out your appointment forms in their entirety and submit them by the deadline issued. You have followed these instructions in recent years and this year we only had one department that did not meet that deadline. The future of The American Legion, as you know, lies this in your hands as you've heard over the last several days. You have the responsibility of recommending the most qualified members of your department to serve on our commissions and committees and councils. We stress this especially on the qualifications of a particular member to serve in the capacity that you recommend. It is also imperative that those individuals you appoint understand and are committed to the aims and purposes of The American Legion. Also, it is important when members from your respective departments who are listed to serve, become deceased, that you notify the national adjutant's office so that changes can properly be addressed and appropriate people notified. This committee has reviewed over 1,200 recommendations over the past two days, so you can understand the importance of submitting them by the deadline that was issued to give the national commander's executive assistants proper time to prepare your folders for this committee's review. I thank you for your support on that matter. Commander, Koutz, thank you for the privilege of serving as chairman of this subcommittee and for the qualified people that you have assigned to serve with me. At this time I am pleased to present the following from the Subcommittee on Committees, members who have assisted me this week, and would they please rise and be recognized as I introduce them. Vice Chairman Paul Evenson from the Department of South Dakota; Darrell Hansel, Department of Indiana; Randall Coffman, Department of Kentucky; Charles Aucoin, Department of Louisiana, and Billy Mack, Department of New Jersey. Thank you gentlemen. (Applause) Commander, your committee met at National Headquarters on Sunday, October 14, and remained in session all day Monday and Tuesday. We held interviews with 55 departments and received their recommendations. On behalf of all the members of the subcommittee, I want to commend the National Executive Committeemen, department commanders and department adjutants for their courteous presentation of your recommendations. Upon completion of the interviews, a report was prepared in rough Proceedings of Thursday, October 18, 2012 217 draft and submitted to the national commander's office for his final approval. This report in its final form is now on your desk. We commend the staff on its excellent work in the preparation of this report, and especially the national commander's assistant, Nancy Vaughn, for her patience and dedication throughout our deliberations. I also commend the members of my subcommittee for their hard work, and thank you, Mr. Commander, and all those who helped in the selection of these appointments. With the list on your desk, you have the opportunity to look it over, and I recommend that we do not take the time to read it aloud. Therefore, I move that this report be approved with the exception of whatever minor corrections may be required, and that the national commander be given authority to make any interim appointments as deemed necessary. Mr. Commander, that completes my report. ...Second.

NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Carried. Thank you, Rich. I now call on Jerry L. Hedrick from North Carolina, for the final report of the Resolutions Subcommittee.

Final Report of the Subcommittee on Resolutions Jerry L. Hedrick, North Carolina, Chairman

Mr. Commander, your Subcommittee on Resolutions has been in session since October 15. We have considered all resolutions to come before this committee, and considered and acted upon 64 resolutions that have been presented to you while in session. I would like to stress the importance to the members of the National Executive Committee in keeping their departments informed of actions taken by the National Executive Committee. The resolutions passed in the last two days will be available in a few days on the Digital Archive at archive.legion.org. I would like at this time to thank the members of the committee who have done an outstanding job and attended every session and participated in the discussions of these resolutions. My special thanks go to Vice Chairman Dave Warnken from Kansas; Bill Kile from West Virginia; Charles Schmidt from Oregon; Raymond DeZurik of Minnesota; Michael Cassidy of Massachusetts, our newest member of the subcommittee. And of course we did not have our good friend Bob Proctor from Florida who is still ill as you heard his alternate speak about. Bob is going through a lot of extreme times but the Lord will be with him and someday we'll see him back in here. I thank you very much for your dedicated service this week. Thank you very much. (Applause) I also extend appreciation to Howard Trace and his staff who have served our committee. I want to thank the Document Center, directors and chairmen of the commissions and committees on this week's work bringing the reports and resolutions to you. During our deliberations we have met with numerous chairmen and staff who have been very helpful in explaining to us questions we had about the resolutions. Mr. Commander, it's a pleasure to serve as your chairman of the Subcommittee on Resolutions. We would like to thank the National Executive Committee in reporting of these various resolutions. You have been most cooperative. Mr. Commander, I move this report be received and filed. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? Seeing none, all in favor say aye. All opposed. Motion carried. 218 Proceedings of Thursday, October 18, 2012 Technical Motion

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, can I make a technical motion? NATIONAL COMMANDER KOUTZ: Yes, sir. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: I would like to make a technical motion, that the national adjutant be instructed to review the minutes of the NEC meeting, and make any necessary corrections without changing the intent of the NEC meeting, and proceed to edit and distribute these minutes. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Carried.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, could I have just one moment of personal privilege? NATIONAL COMMANDER KOUTZ: Yes, sir. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: I don't know if this is going to be done, and I know we done it last night, but I would like to ask Marty Justis to stand up. As you know, this is probably Marty's last time appearing before the National Executive Committee. Personally, Marty and his staff have been a great help to our subcommittee, and me personally as the NECman over last 18 years I've been here, and I would like for the National Executive Committee to show our support for Marty Justis on his retirement. (Standing applause) NATIONAL COMMANDER KOUTZ: Thank you, Jerry. Are there any announcements? Mr. Bozella. NEC MEMBER BOZELLA (CO): Mr. Commander, since 2007 I've occupied a seat in this room, and I hope I more than occupied it. As an alternate and NEC from the Department of Colorado, and it's been an honor and a privilege and really the joy of my Legion career to be able to be here. I want to thank this Executive Committee and the staff and our national officers for the work that they do here and how it impacts our communities at the local level by supporting our pillars, and particularly how it effects the lives of our veterans and their families. And with that said, sir, I want to announce that I'm going to effectively resign from this committee at the end of this meeting today, and let you all know that Mr. Neal Thomas, whose been around here almost as long as Mr. Christoffersen. NEC MEMBER CHRISTOFFERSEN (UT): Watch it. (Laughter) NEC MEMBER BOZELLA: Mr. Commander, a lot of people know Neal and he's our alternate and will occupy the NEC seat. I have all the confidence in the world that he will do a great job. Thank you very much, sir. (Applause) NATIONAL COMMANDER KOUTZ: Mr. Adjutant. NATIONAL ADJUTANT WHEELER: You have received the Conflict of Interest statement. Please turn it in to the national judge advocate before you leave. If you neglect to do so, please mail it to the national judge advocate at Post Office Box 1055, Indianapolis, 46206. It is imperative that this is completed for all members of the board and their alternates. Also, yesterday two copies of veteran population by county for every department in The American Legion was placed on the appropriate desk that has the label for that department. I have been told that there were a number of people that did not get one who would like one. They will be emailed to every member of the NEC and every past national commander. But if you would like to have one when you leave, go down to the Proceedings of Thursday, October 18, 2012 219 end of level three to the Internal Affairs Commission and you can get one printed before you leave this building. That concludes the announcements, sir. NATIONAL COMMANDER KOUTZ: Any other announcements? ...At this time National Vice Commander Hall assumed the Chair.

Closing Remarks James E. Koutz, Indiana, National Commander

Good morning. Before I get into my closing remarks, let me ask a favor of you; plus I want to make a comment. First of all, when I campaigned during the 18 months and during my acceptance speech, I asked each and every department to please appoint a women veterans coordinator. I do not have a count yet of how many have been turned in, but I'm asking each and every one of you to go back to your departments and get us a women veterans coordinator so we can get the committee together to find out the needs and the wants of our women veterans. That's over 20 percent of them are in our military. I ask you to do that. The other comment I would like to make before I give my closing remarks, is I heard a remark about adopt-a-vet. If everybody in this room would go back home, which I'm going to do, of course I'm not going home until December 19, but I'm going to go to my nursing home, and I'm going to adopt-a-vet. I'm going to pay his dues or her dues. If everybody in this room would do that, adopt one vet, look at the new members we would have in this room. So I ask you to do that. Yesterday morning, Teddy Roosevelt, IV told us that it is an indictment on our society when a veteran falls through the cracks. That's why Resolution 64 is so important. It has nothing to do with the 100th Anniversary. It's about our survival. If we don't turn our membership around, who will be there to keep that veteran from falling through the cracks? We will be able to celebrate our 100th Anniversary because of the great work of previous Legionnaires like Teddy Roosevelt, Jr, Maurice Stember, Harry Colmery, E. Roy Stone, John Geiger and countless others. But I don't want The American Legion to just make it to one hundred, it's up to us to grow future generations of Legionnaires so this organization can have a 150th Anniversary and a bicentennial. It's about the society that our grandchildren and our great-grandchildren will have when they reach our age. You passed a lot of important resolutions during these meetings. But none of our programs and positions will matter if there's nobody around to implement them our advocate for our veterans. You heard Jerry Hedrick plead with us. You heard some of our past national commanders speak of the importance of stopping the membership slide. Resolution 64 doesn't just represent a membership plan, it's our life preserver. It doesn't take a mathematical genius to realize that if an organization loses members every year, it will eventually go extinct. Not only do we need the support and develop a five-year plan, we need to ensure that we practice its recommendations. You have done some great work during these meetings. We have outstanding programs that you have enthusiastically supported. You've shown support with a great deal of knowledge about the issues of the day. We need to keep this energy flowing as you return to your departments. We know that there's enough talent in The American Legion to keep this organization strong for years to come. But words are cheap. Action is what matters. I want to thank you again for all your hard work during these meetings, and please have a safe journey home. Every day is veterans day. Thank you. (Standing applause) ...At this time National Commander Koutz resumed the Chair. 220 Proceedings of Thursday, October 18, 2012 RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Commander, motion to receive and file your report. ...Second. NATIONAL COMMANDER KOUTZ: Motion made and seconded. Any questions? All in favor say aye. All opposed. Motion carried. I now call on National Chaplain Ronald Derrick of Idaho for the benediction.

Benediction Ronald Derrick, Idaho, National Chaplain

Let us pray. Almighty God, You've heard all that has been discussed this morning. Father, we will put You first in our lives so that You truly can bless this organization, Father, and that the ranks will remain full and the blessings will pour out. You've heard the names mentioned several times over the weekend of those who have been unable to attend because of illnesses, and so Father, we keep them in our prayers and we lift them before You for the healing that will be coming from Your throne. We ask now for Your safety as we travel the highways, the byways and the skyways. Return us to our homes. Let us go forth with enthusiasm, and as the commander said, Father, to implement those deals that have been sealed here. We give You the praise. We give You the glory, and we do so in all things. Amen. NATIONAL COMMANDER KOUTZ: Salute the Colors. Hand salute, one. Two. We're now adjourned. Thank you all very much. ...At 9:55 a.m., the Fall Meeting of the National Executive Committee adjourned. Sine Die. Abbreviations

ACLU...... American Civil Liberties Union ADA ...... Americans with Disabilities Act AL ...... American Legion ALA...... American Legion Auxiliary ALB...... American Legion Baseball ALWS...... American Legion World Series ANAVICUS .Army, Navy and Air Force Veterans in Canada Association – United States ARRL ...... American Radio Relay League

BVA ...... Board of Veteran Appeals

CASA ...... Court Appointed Special Advocate CPR ...... Cardiopulmonary Resuscitation CPRS ...... Computer Patient Record System CR ...... continuing resolution CWF ...... Child Welfare Foundation

D2D...... Digits to Digits DEC...... Department Executive Committee DECA...... Diabetes Education and Camping Association DHS...... Department of Homeland Security DIC ...... Dependency and Indemnity Compensation DMS ...... Direct Mail Solicitation DMZ...... Demilitarized Zone DoD...... Department of Defense DSO...... Department Service Officer DUI ...... driving under the influence DWI...... driving while intoxicated

FBI ...... Federal Bureau of Investigation FODPAL ...... Foreign and Outlying Departments and Post of The American Legion FRG...... Family Readiness Group FY ...... fiscal year

GPD...... Grant and Per Diem

H2H...... Heroes to Hometowns HD ...... Huntington’s Disease HUD ...... Department of Housing and Urban Development

IDES...... Integrated Disability Evaluation System IRA ...... Individual Retirement Account IRS ...... Internal Revenue Service IUPUI ...... Indiana University-Purdue University Indianapolis

JPAC...... Joint POW/MIA Accounting Command

KIA ...... killed in action 222 LEAD ...... Leadership, Education, and Development M&PA...... Membership and Post Activities MIA...... missing in action MST...... Military Sexual Trauma

NASA...... National Aeronautics and Space Administration NCA ...... National Cemetery Administration NEC...... National Executive Committee NEF ...... National Emergency Fund NFL ...... National Forensic League, National Football League NHQ ...... National Headquarters NIH ...... National Institutes of Health NVLSP ...... National Veterans Legal Services Program

OCW...... Operation Comfort Warriors OMB...... Office of Management and Budget

PACAF ...... Pacific Air Forces PACT...... Patient Aligned Care Team PIV ...... Personnel Identification Verification PNC...... past national commander POW...... prisoner of war PR ...... public relations PSA ...... public service announcement PTSD...... post traumatic stress disorder PUFL...... Paid-Up-For-Life

RO ...... VA Regional Offices RS ...... regularly scheduled

SAL ...... Sons of The American Legion SBA...... Small Business Administration SDVOSB ...... Service-Disabled Veteran-Owned Small Businesses SEAL...... Sea, Land, and Air SEP ...... Stakeholders Enterprise Portal SGLI...... Servicemenbers Group Life Insurance SHEP ...... Survey of Healthcare Experiences of Patients SSVF ...... Supportive Services for Veteran Families

TAL ...... The American Legion TAP ...... Transition Assistance Program TBI ...... traumatic brain injury TFG ...... Transitional Federal Government TLO ...... Time and Labor Online TRADOC...... United States Army Training and Doctrine Command

UN ...... United Nations USAA...... United Automobile Services Association USAF...... United States Air Force USAREC ...... United States Army Recruiting Command USC...... United States Code USCC ...... U.S. Chamber of Commerce 223

VA ...... Department of Veterans Affairs VA&R ...... Veterans Affairs and Rehabilitation VACO...... Department of Veterans Affairs Central Office VAMC...... VA Medical Center VASH...... Department of Veterans Affairs Supportive Housing VAVS...... Veterans Affairs Voluntary Service VBA ...... Veterans Benefits Administration VBMS...... Veterans Benefits Management System VHA ...... Veterans Health Administration VIMS...... Veteran Information Management System VISN...... Veterans Integrated Service Network VLER ...... Virtual Lifetime Electronic Record VOSB ...... Veteran-Owned Small Businesses VOW ...... Veterans Opportunity to Work VR&E...... Vocational Rehabilitation and Employment VSO...... veteran service organizations VSS ...... Voluntary Service System

WTU...... Warrior Transition Unit WWII...... World War II

Index

100th Anniversary Observance Committee ...... 7 2012 National Convention...... 54, 55 2012 National Security Symposium ...... 123 2012 Samsung American Legion Scholars...... 176, 179 2013 Enhancements to National Headquarters Computing Environment ...... 37 2013 National Convention...... 54, 56 5-Year Membership Plan...... 115 A absentee voting...... 4 Afghanistan ...... 14, 64, 128 Agreement with the National Veterans Legal Services Program (NVLSP) – 2012- 2013...... 38 Amending Current Articles of Agreement ...... 57 American Academy of Pediatrics ...... 134 American Legion Amateur Radio Club, The...... 165, 167 American Legion Auxiliary...... 98 American Legion Baseball ...... 29, 30, 32, 45-50, 53, 86, 176, 178, 179, 180 American Legion Boys State Program...... 182 American Legion College...... 81, 94 American Legion World Series ...... 13, 19, 29, 30, 32, 45, 46, 176, 179 Americanism Commission report ...... 175 Announcements ...... 115 Appointments Ad Hoc Committee on Traumatic Brain Injuries...... 164 American Legion Riders Advisory Committee to Internal Affairs, The...... 109 Chief Judge of Contests...... 55 Male Spouse Eligibility Ad Hoc Committee ...... 109 Authorization for Conducting History Contests ...... 40 Authorization to Purchase Paper from Bulkley Dunton Publishng Group ...... 36 Authorizing Withdrawal from Paid-Up-For-Life Membership Trust for Administrative Expenses...... 39 B background screening...... 48, 50, 51, 52, 53, 85, 86, 178 Benediction...... 220 Boy Scouts of America ...... 35, 181, 182 Boys Nation...... 17, 50, 86, 175, 176 Boys State...... 12, 35, 50, 176, 179, 182, 183 Bulkley Dunton Publishing Group ...... 36 C child care services...... 151, 152 child safety ...... 137 Child Welfare Foundation ...... 38, 82, 83, 86, 87, 132-134 Childhood Leukemia Foundation ...... 134 Children's Organ Transplant Association ...... 134 Bold typeface indicates the title of a resolution 226 Cintron, Juan ...... 12 Citizens Flag Alliance ...... 28 Clark Veterans Cemetery ...... 126 Closing Remarks, National Commander ...... 219 Coalition to Salute America’s Heroes ...... 149 College Board...... 21 Comer, Elsie Bailey...... 132 Commission Paid to Departments for Discount Prescription Drug Program ...... 42 Confirmation and Cancellation of Post and/or Squadron Charters ...... 212 Confirmation of Dates for Future Meetings...... 213 Confirmation of Interim Appointments ...... 211 Conley, Ronald F., Past National Commander ...... 118 Consolidate Heroes to Hometowns Program into Operation Comfort Warriors..... 42 Cooperation with The American Legion Auxiliary and Sons of The American Legion (21st Century)...... 98 Counter-Subversive Activities Committee ...... 178 CureSearch for Children's Cancer...... 135 D

Decentralization of Department of Veterans Affairs Programs ...... 157 defense budget...... 4, 121, 122, 130, 131, 188, 192, 194, 195 Department of Homeland Security ...... 193 Department of Veterans Affairs (VA) Non-VA Care Programs...... 160 Department of Veterans Affairs Child Care Programs...... 151 Department VA Voluntary Service Coordinators ...... 148 Dependency and Indemnity Compensation...... 154 Develop Joint Department of Defense/Department of Veterans Affairs Rehabilitation Capability...... 130 Direct Mail Solicitation ...... 19, 20, 35, 77, 81, 106, 108, 110-113, 117, 120 disabled veterans ...... 66, 154, 162 Discount Prescription Drug Program...... 42 Disenfranchising (21st Century)...... 91 Diversity and a Veteran is a Veteran (21st Century)...... 90 E

Economic Commission report ...... 58 Egypt ...... 188 Eligibility of National Officers...... 211 Encourage all Posts of The American Legion to Appoint or Elect a Post Service Officer and Maintain an Active Service Program...... 150 Enhancements to Integrated Disability Evaluation System ...... 129 Enhancements to National Headquarters Computing Environment ...... 37 Establish Children & Youth Post and Department Certificate Awards ...... 136 Extended Hours & Weekends for Veterans’ Health Care ...... 153 F

Federal and State Incentives for Employers to use Veterans’ Preference ...... 69 Finance Commission report...... 29 flag amendment ...... 5, 184, 185, 186, 190

Bold typeface indicates the title of a resolution 227 Flag Code Amendment...... 184 Flag Display...... 181 Ford, Al ...... 78 Foreign and Outlying Departments and Posts of The American Legion ...... 14, 34 Foreign Relations Commission report ...... 168 G

Global War on Terrorism...... 127, 149 Godwin Report ...... 82 H

Hall, David R., National Vice Commander, report...... 207 Heroes to Hometowns ...... 32, 42, 43, 83, 123, 166 Hickman, Glenn A., National Vice Commander, report...... 207 Hire at Home Act...... 61 Hiring our Heroes...... 58, 64 Holland, James H., National Vice Commander, report...... 209 homeless veterans...... 59, 63, 193, 194 Huntington's Disease Society of America...... 135 I

Immune Deficiency Foundation ...... 135 Improve Transition Assistance Program...... 68 Integrated Disability Evaluation System ...... 129 Internal Affairs Commission report...... 76 Invocation...... 1, 173 Iraq ...... 14, 64, 128 Israel...... 122, 123, 168, 169 J

Joint POW/MIA Accounting Command...... 168, 169 Joint Select Committee on Deficit Reduction...... 194 Junior Law Cadet program ...... 180 Juvenile Diabetes Research Foundation ...... 135 K

Kogutek, Michael J., Past National Commander ...... 9 L

Leadership, Education, and Development (LEAD) ...... 76, 81 Legacy Scholarship Fund ...... 38, 87 Legion Riders ...... 14, 109, 215 Legislation to Provide Reporting, Tracking, and Action Dealing with Sexual Assaults at Department of Veterans Affairs Facilities...... 152 Legislative Commission report...... 187 licensing and credentialing ...... 58, 60, 61 Ludwig, Daniel A., Past National Commander ...... 120

Bold typeface indicates the title of a resolution 228 M

Mandatory Background Check Screening for Coaches, Managers and Volunteer Staff of Junior and Senior American Legion Baseball Teams ...... 48 Mandatory Exclusive Insurance Coverage for American Legion Baseball Teams .. 46 maritime piracy...... 124 Membership and Post Activities Committee report ...... 109 membership dues...... 30 membership program...... 77-80, 92, 95, 115-120, 219 Memorial Resolutions...... 9, 11 Mercy Flight Southeast, Inc...... 135 Military Commercial Driver's License Act of 2012...... 191 military healthcare ...... 127 Military Honors Detail Stipend ...... 125 Military Service Authorized Strength...... 128 Military Voter Protection Project ...... 4 Mount Soledad War Memorial ...... 15, 23 N

National American Legion Press Association ...... 165, 167 National Americanism Conference...... 178 National Association of Department Historians of The American Legion ...... 204 National Autism Association...... 135 National Center for Learning Disabilities...... 135 National Children & Youth Commission report ...... 132 National Children and Youth Conference...... 134 National Children's Cancer Society ...... 136 National Color Guard Contest ...... 55 National Commander's 21st Century Ad Hoc Committee ...... 90, 91, 93, 95, 96, 98 National Committee on Education...... 176, 178 National Convention Commission...... 54 National Court Appointed Special Advocate Association ...... 135 National Defense Authorization Act of 2013 ...... 61 National Emergency Fund ...... 13, 35, 38, 81, 87, 115 National Exchange Club Foundation...... 135 National Forensic League...... 180 National Forensic League (NFL) Sponsorship ...... 43 National Guard Patriot Academy ...... 125 National High School Oratorical Contest ...... 43, 86, 166, 177, 180, 183 National Historian report...... 204 National Judge Advocate report ...... 15 National Junior Shooting Competition ...... 86 National Marfan Association...... 135 National Officers, Introduction...... 5 National Security Commission report...... 121 National Veterans Legal Services Program ...... 17, 31, 38, 39, 142 NEED A LIFT? ...... 29, 30 Neylon, John E., National Vice Commander, report ...... 208 non-discriminatory membership...... 90, 91

Bold typeface indicates the title of a resolution 229 O

Opening Remarks, National Commander...... 4 Operation Comfort Warriors.... 5, 13, 14, 32, 38, 42, 43, 54, 77, 83, 87, 97, 110, 115, 165, 166, 175 Operation Landstuhl ...... 42 Oratorical Contest National Finals ...... 183 Our Military Kids ...... 136 P

Peterson, Michael ...... 5, 19, 35 Philippines...... 126 Piracy Against American Flagged Vessels...... 124 Pledge of Allegiance...... 15 Post 9/11 GI Bill...... 65 post development...... 77, 78, 79, 92, 96, 112 Post Service Officer...... 150 post traumatic stress disorder...... 159, 160 POW/MIA ...... 1, 35, 108, 185 Prevent Exploitation of Veterans and Family Members Applying for Aid and Attendance...... 162 Proctor, Robert 'Bob' ...... 133 Protecting the Defense Budget...... 130 Public Relations Commission report ...... 165 R

Rae, Jeanette, National Vice Commander, report...... 206 Registration Procedures at the National Convention of The American Legion ...... 56 Replacement and Extension of Agreement of Permanent Site of The American Legion Baseball World Series...... 45 Reports: Americanism Commission...... 175 Commission on Children & Youth ...... 132 Economic Commission...... 58 Finance Commission ...... 29 Foreign Relations Commission...... 168 Internal Affairs Commission ...... 76 Legislative Commission ...... 187 Membership and Post Activities Committee...... 109 National Convention Commission...... 54 National Historian...... 204 National Judge Advocate...... 15 National Security ...... 121 National Vice Commanders...... 206 Public Relations Commission...... 165 Subcommittee on Committees ...... 216 Subcommittee on Resolutions ...... 8, 217 The American Legion Magazine Commission ...... 170 Veterans Affairs and Rehabilitation Commission...... 139

Bold typeface indicates the title of a resolution 230 Rescinding Obsolete Resolutions Dealing with Foreign Relations...... 169 Rescinding of Internal Affairs Resolutions...... 99 Rescinding of National Commission on Children & Youth Non-Legislative Policy Resolutions ...... 138 Rescinding of National Economic Commission Non-Legislative Resolutions...... 69 Rescinding Resolutions that Conflict with the Charter of The American Legion.... 33 Rescission of Outdated Resolutions...... 36 Resolutions: No. 1: Theodore Roosevelt, IV, be appointed Chairman of The American Legion 100th Anniversary Observance Honorary Committee ...... 7 No. 2: Rescinding Resolutions that Conflict with the Charter of The American Legion...... 33 No. 3: Rescission of Outdated Resolutions...... 36 No. 4: Authorization to Purchase Paper from Bulkley Dunton Publishing Group. 36 No. 5: Enhancements to National Headquarters Computing Environment...... 37 No. 6: Sons of The American Legion Restricted Account...... 38 No. 7: Agreement with the National Veterans Legal Services Program (NVLSP) – 2012-2013...... 38 No. 8: Authorizing Withdrawal from Paid-Up-For-Life Membership Trust for Administrative Expenses ...... 39 No. 9: Authorization for Conducting History Contests...... 40 No. 10: Sales and Royalty Payments made to Departments on Emblem Sales Merchandise Sold within a Department...... 40 No. 11: Commission Paid to Departments for Discount Prescription Drug Program ...... 42 No. 12: Consolidate Heroes to Hometowns Program into Operation Comfort Warriors...... 42 No. 13: National Forensic League (NFL) Sponsorship...... 43 No. 14: Replacement and Extension of Agreement of Permanent Site of The American Legion Baseball World Series...... 45 No. 15: Mandatory Exclusive Insurance Coverage for American Legion Baseball Teams ...... 46 No. 16: Mandatory Background Check Screening for Coaches, Managers and Volunteer Staff of Junior and Senior American Legion Baseball Teams...... 48 No. 17: Registration Procedures at the National Convention of The American Legion...... 56 No. 18: Amending Current Articles of Agreement ...... 57 No. 19: Rescinding Obsolete Resolutions Dealing with Foreign Relations...... 169 No. 20: Support ‘Buy American’ Policy at the Department of Veterans Affairs to Create Jobs and Opportunities for Veterans...... 66 No. 21: Support Veterans Housing Repair and Modification Pilot...... 66 No. 22: Support Federal Legislation that Protect the Employment of Veterans in U.S. Postal Service Mail Processing Facilities that are Slated for Closure...... 67 No. 23: Improve Transition Assistance Program...... 68 No. 24: Federal and State Incentives for Employers to use Veterans’ Preference .. 69 No. 25: Rescinding of National Economic Commission Non-Legislative Resolutions ...... 69 No. 26: Piracy Against American Flagged Vessels ...... 124 No. 27: Military Honors Detail Stipend...... 125 No. 28: National Guard Patriot Academy...... 125

Bold typeface indicates the title of a resolution 231 No. 29: Clark Veterans Cemetery...... 126 No. 30: Standardize Care for Recovering Warriors ...... 127 No. 31: Military Service Authorized Strength ...... 128 No. 32: Enhancements to Integrated Disability Evaluation System...... 129 No. 33: Develop Joint Department of Defense/Department of Veterans Affairs Rehabilitation Capability ...... 130 No. 34: Department VA Voluntary Service Coordinators ...... 148 No. 35: Coalition to Salute America's Heroes ...... 149 No. 36: Encourage all Posts of The American Legion to Appoint or Elect a Post Service Officer and Maintain an Active Service Program ...... 150 No. 37: Department of Veterans Affairs Child Care Programs...... 151 No. 38: Legislation to Provide Reporting, Tracking, and Action Dealing with Sexual Assaults at Department of Veterans Affairs Facilities ...... 152 No. 39: Women Veterans Strategic Plan...... 153 No. 40: Extended Hours & Weekends for Veterans’ Health Care ...... 153 No. 41: Dependency and Indemnity Compensation...... 154 No. 42: Virtual Lifetime Electronic Record...... 155 No. 43: Veteran Coding on Driver’s Licenses ...... 157 No. 44: Decentralization of Department of Veterans Affairs Programs ...... 157 No. 45: Women Veterans...... 159 No. 46: Department of Veterans Affairs (VA) Non-VA Care Programs ...... 160 No. 47: Prevent Exploitation of Veterans and Family Members Applying for Aid and Attendance ...... 162 No. 48: Diversity and a Veteran is a Veteran (21st Century)...... 90 No. 49: Disenfranchising(21st Century)...... 91 No. 50: Training and Education (21st Century)...... 93 No. 51: Veteran Outreach Program (21st Century) ...... 95 No. 52: The American Legion Post Operation (21st Century)...... 96 No. 53: Cooperation with The American Legion Auxiliary and Sons of The American Legion (21st Century) ...... 98 No. 54: Rescinding of Internal Affairs Resolutions...... 99 No. 55: Protecting the Defense Budget...... 130 No. 56: Flag Display...... 181 No. 57: Boy Scouts of America ...... 181 No. 58: American Legion Boys State Program...... 182 No. 59: Oratorical Contest National Finals...... 183 No. 60: Flag Code Amendment ...... 184 No. 61: Establish Children & Youth Post and Department Certificate Awards.... 136 No. 62: Violence & Vandalism in the Schools and Communities ...... 137 No. 63: Rescinding of National Commission on Children & Youth Non-Legislative Policy Resolutions ...... 138 No. 64: 5-Year Membership Plan ...... 115 Roosevelt, Theodore, IV...... 6 Rozier, N. Larry, National Historian ...... 204 S

Sales and Royalty Payments made to Departments on Emblem Sales Merchandise Sold within a Department ...... 40 Schmit, Earnest N...... 11 sexual assault...... 152

Bold typeface indicates the title of a resolution 232 Significant Gifts to the National Headquarters Library and Museum...... 214 Small Business Development Workshop...... 62 Small Business Task Force...... 62 Somalia...... 124 Sons of The American Legion...... 84, 98 Sons of The American Legion Restricted Account ...... 38 Specially Adaptive Housing Program...... 67 Spina Bifida Association ...... 136 Standardize Care for Recovering Warriors ...... 127 stolen valor ...... 16, 25, 192 Stolen Valor Act...... 89, 90, 192 Study of Civilian Licensure and Certification for Veterans...... 61 Subcommittee on Committees report...... 216 Subcommittee on Resolutions report...... 8, 217 suicide prevention...... 140, 163, 164, 168 Supercommittee...... See Joint Select Committee on Deficit Reduction SuperSibs! ...... 136 Support ‘Buy American’ Policy at the Department of Veterans Affairs to Create Jobs and Opportunities for Veterans ...... 66 Support Federal Legislation that Protects the Employment of Veterans in U. S. Postal Service Mail Processing Facilities that are Slated for Closure ...... 67 Support Veterans Housing Repair and Modification Pilot ...... 66 survivor benefits ...... 154 System Worth Saving program...... 140, 143, 144, 145 T

Temporary Financial Assistance...... 132, 134 The American Legion Magazine Commission report...... 170 The American Legion Post Operations (21st Century) ...... 96 Theodore Roosevelt, IV, be appointed Chairman of The American Legion 100th Anniversary Observance Honorary Committee...... 7 Training and Education (21st Century)...... 93 Transition Assistance Program...... 68 traumatic brain injury ...... 7 Turner, Robert S., Past National Commander ...... 176 U

U.S. Postal Service ...... 67 US Sportsmen's Alliance Foundation ...... 136 USAA...... 29, 30 V

VA Major Construction Authorization and Expiring Authorities Extension Act of 2012 ...... 194 Venezuela...... 101 veteran benefits...... 162 veteran claims...... 140, 142, 157, 162 Veteran Coding on Driver’s Licenses ...... 157 veteran education...... 59, 65, 193

Bold typeface indicates the title of a resolution 233 veteran employment ...... 58, 60, 64, 66, 67 veteran healthcare...... 153, 155, 159, 160 Veteran Outreach Program (21st Century)...... 95 Veteran Service Organization Honor Guards ...... 125 veteran-owned businesses...... 59, 61, 62, 66 Veterans Administration Houston Cemetery ...... 24 Veterans Affairs and Rehabilitation Commission report ...... 139 Veterans Affairs Voluntary Service...... 35, 140, 145-149, 164, 168 Veterans Employment and Training Services...... 64, 75, 191, 198 Veterans Health Administration ...... 70, 144, 145, 146, 151, 153, 154, 156-158, 160 Veterans Inspiring Patriotism program...... 177 Veterans Millennium Benefits Act ...... 154 Veterans Skills to Jobs Act of 2012...... 4, 61 Violence & Vandalism in the Schools and Communities...... 137 Virtual Lifetime Electronic Record...... 155 Vocational Rehabilitation and Employment program...... 129 VOW to Hire Heroes Act ...... 4, 61, 191 W

Warrior Transition Units ...... 127, 129 women veterans...... 140, 145, 152, 153, 159, 193, 219 Women Veterans ...... 159 Women Veterans Strategic Plan...... 153 Wong, Fang, Past National Commander...... 119 Y

Youth Champions...... 177

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