PROCEEDINGS

of the

National Executive Committee

of

THE AMERICAN LEGION

National Headquarters Indianapolis, Indiana

October 17-18, 2007

Table of Contents

Wednesday, October 17, 2007

Invocation ...... 1 Roll Call ...... 2 Opening Remarks: Martin F. Conatser, Illinois ...... 4 Introduction of National Officers ...... 7 Report: Subcommittee on Resolutions ...... 7 Memorial Resolutions ...... 8 Eulogy: Donald J. Smith...... 9 Report: National Judge Advocate ...... 10 Report: Finance Commission ...... 31 Insurance Committee ...... 36 Resolutions No. 7: Restatement of American Legion Retirement Plan for Employees of the National Headquarters and Subordinate Groups Thereof ...... 37 No. 8: Contract for Printing of The American Legion Magazine ...... 38 No. 9: Liebert Environmental System ...... 39 No. 10: Authorizing Withdrawal from Paid-Up-For Life Membership Trust for Administrative Expenses ...... 40 No. 11: Herman G. Harrington Memorial Room ...... 41 No. 12: Uniformed Groups Participation At The National Convention of The American Legion ...... 42 No. 13: Use Of The American Legion Life Insurance Fund Account For Scholarship Awards To The American Legion Eagle Scout Of The Year Program In 2008 ...... 42 No. 14: Use Of The American Legion Life Insurance Fund Account In The American Legion High School Oratorical Scholarship Program - "A Constitutional Speech Contest" in 2008 ...... 44 No. 15: Review of Administration and Promotion of The American Legion Insurance Program ...... 45 No. 16: Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion Boys Nation Program—2008 ...... 46 No. 17: Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion Baseball Program—2008 ...... 47 No. 18: 2008 Upgrade of Computer Systems ...... 47 No. 19: 2008 Conversion of Emblem Sales Computer Systems ...... 48 No. 20: 2008 Enhancements to NHQ Computer Environment ...... 49 No. 21: Contribution From Major League Baseball ...... 50 No. 22: Tournament Of Stars Expenses ...... 51 No. 23: Accept Bids For 2010 American Legion Baseball World Series ...... 51 No. 24: Donation To American Legion Baseball ...... 52 No. 25: Charitable Gift Annuity ...... 53 No. 26: Agreement With The National Veterans Legal Services Program (NVLSP)—2007 ...... 54 No. 35: American Legion Riders as a National Program ...... 55 American Legion Defined Benefit Pension Plan ...... 57

iii

Resolution No. 27: American Legion Retirement Plan for Employees of the National Headquarters and Subordinate Groups Thereof—Freeze, Split, or Amend ...... 58 Report: National Convention Corporation of Nevada ...... 61 Report: National Convention Commission ...... 61 Report: The American Legion Magazine Commission ...... 65 Report: Economic Commission ...... 66 Resolution No. 31: Service-Disabled Veteran-Owned Business Status ...... 73 Resolution No. 32: Elimination of The Department of Veterans Affairs Home Loan Funding Fee ...... 74

Wednesday Afternoon Session

Greetings: Jan Pulvermacher-Ryan, National President of American Legion Auxiliary . 77 Report: National Security Commission ...... 78 Report: Commission on Children & Youth ...... 81 Resolution No. 33: Support For Special Olympics ...... 86 Report: Veterans Affairs & Rehabilitation Commission ...... 87 Resolutions No. 28: Rounding Up Department of Veterans Affairs Benefits for 50 Cents or Higher ...... 91 No. 29: Improvements to Implement a Seamless Transition ...... 91 No. 30: The American Legion Policy on Traumatic Blast Injuries ...... 93 Report: Internal Affairs Commission ...... 94 Resolution No. 6: Support For Renovating USS Arizona Memorial Museum and Center, Honolulu, Hawaii ...... 103 Report: Public Relations Commission ...... 104 Report: Foreign Relations Commission ...... 108 Report: Membership and Post Activities Committee ...... 109

Thursday, October 18, 2007

Invocation ...... 113 Roll Call ...... 114 Report: Americanism Commission...... 116 Resolutions No. 1: Expression Of Concern In The Decline Of Boys State Participation ...... 120 No. 2: Oppose Proposed Flag Code Change—Conduct During Hoisting, Lowering Or Passing Of The Flag ...... 121 No. 3: NEED A LIFT? Agreement...... 123 No. 4: Support For Voter Registration and Voting Program ...... 123 No. 5: The College Board License Agreement ...... 124 Report: Legislative Commission ...... 125 Report: National Historian ...... 141 Report: National Vice Commanders ...... 143 Peggy G. Dettori, Alaska ...... 143 Thomas L. Burns, Delaware ...... 144 Randall A. Fisher, Kentucky ...... 144 Donald J. Hayden, Minnesota ...... 145 David A. Korth, Wisconsin ...... 146 Eligibility of National Officers ...... 146 Confirmation of Interim Appointments ...... 147 iv

Confirmation of Cancellation of Post and/or Squadron Charters ...... 147 Confirmation of Dates for Future Meetings...... 149 Significant Gifts to the National Headquarters Library ...... 150 Significant Gifts to the National Headquarters Museum ...... 151 Report: Subcommittee on Committees ...... 151 Final Report: Resolutions Subcommittee ...... 153 Resolution No. 34: 2010 National Convention Contract ...... 153 Closing Remarks: Martin F. Conatser, Illinois ...... 154 Benediction...... 156

Appendix 1: Boys State Participation ...... 157 Appendix 2: Membership/Boys State Comparison...... 158 Abbreviations ...... 159 Index ...... 161

v iii

PROCEEDINGS

of the

NATIONAL EXECUTIVE COMMITTEE

Wednesday, October 17, 2007

…At 9:00 a.m., October 17, 2007, the Fall Meeting of the National Executive Committee of The American Legion was called to order by National Commander, Martin F. Conatser and the following proceedings were had. NATIONAL COMMANDER CONATSER: Right hand salute to our national Colors. One. Two! …At this time the members of the National Executive Committee stood and rendered a salute to the Colors. NATIONAL COMMANDER CONATSER: I now call on the Reverend Elliott Foss of Georgia, National Chaplain for invocation. NATIONAL CHAPLAIN FOSS: Commander Conatser summoned me to his office this morning. As I walked in, I was in awe of the building, of the room that he was in. He passed me a piece of luggage and I felt that’s the shortest stint a chaplain has ever done. [Laughter.] Let’s go to the Lord in prayer.

Invocation Rev. Elliott Foss, Georgia National Chaplain

Gracious Father, there’s time for fun and there’s time for work. We’ve come to a point in this week that we need to really focus our efforts on the work of The American Legion. If it weren’t for these people here in this room, I don’t know where The American Legion would be. I pray that You would come and be with us today, give us all the wisdom that we need, to do the work of this American Legion, and let us always remember while we are doing this American Legion work, men and women are still serving today throughout this world. May Your hand of protection be upon them, may You be with your families, and may the light that shines from The American Legion, just reach out to their families wherever they are. Guide and guard our President and the other leaders of this country, as we seek to make the world a safer place. We pray these things for God and for Country. Amen.

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

NATIONAL COMMANDER CONATSER: Please join me in the Pledge of Allegiance. …At this time the members of the National Executive Committee recited the Pledge of Allegiance which was followed by the Preamble of The American Legion. NATIONAL COMMANDER CONATSER: I call on our Adjutant for Roll Call.

2 Proceedings of Wednesday, October 17, 2007

Roll Call

National Officers

National Commander

Martin F. Conatser

National Adjutant

Robert W. Spanogle, Michigan

National Chaplain

Rev. Elliott L. Foss, Georgia

National Vice Commanders

Peggy G. Dettori, Alaska Thomas L. Burns, Delaware Randall A. Fisher, Kentucky Donald J. Hayden, Minnesota David A. Korth, Wisconsin

Past National Commanders

John H. Geiger, Illinois Daniel A. Ludwig, Minnesota Joe L. Matthews, Texas Joseph J. Frank, Missouri William J. Rogers, Maine—Excused Anthony G. Jordan, Maine Michael J. Kogutek, New York—Excused Butch L. Miller, Virginia Keith Kreul, Wisconsin Hon. Alan G. Lance, Idaho—Excused Clarence M. Bacon, Maryland Ray G. Smith, North Carolina Judge James P. Dean, Mississippi Richard J. Santos, Maryland John P. ‘Jake’ Comer, Massachusetts Ronald F. Conley, Pennsylvania Miles S. Epling, West Virginia John A. Brieden, III, Texas Robert S. Turner, Georgia Thomas P. Cadmus, Michigan Bruce Thiesen, California Thomas L. Bock, Colorado—Excused William M. Detweiler, Louisiana Paul A. Morin, Massachusetts

National Executive Committeemen

Department Committeemen Alternate Alabama Floyd W. Turner Alaska Jim Van Horn Arizona Julius Maklary Arkansas Ross Rogers California James Hackney Colorado Jeff Luginbuel Connecticut Richard W. Anderson Delaware John J. Jackson

Proceedings of Wednesday, October 17, 2007 3

D.C. Walter W. Norris—Excused Paul H. Hasz Florida Robert J. Proctor France William E. Marshall Georgia Ray Hendrix Hawaii Andrew Johnson Idaho Cleve Rice Illinois Kenneth J. Trumbull Indiana W. Darrell Hansel Iowa Michael E. Wanser Kansas David O. Warnken Kentucky Randall Coffman Louisiana Charles D. Aucoin Maine Robert A. Owen Maryland Dr. Gordon B. Browning Massachusetts James F. Army Mexico John E. Hayes Michigan Gerald N. Dennis Minnesota Virgil V. Persing Mississippi Charles E. Langley Missouri David N. Voyles Montana Bob O. Beals Nebraska Michael J. Landkamer Nevada Robert Gutzman New Hampshire John Neylon, Sr. New Jersey William A. Rakestraw, Jr. New Mexico Bruce Jorgensen New York Paul G. Mitras North Carolina Jerry L. Hedrick North Dakota Curtis O. Twete Ohio Carl W. Swisher Oklahoma Bobby J. Longenbaugh Oregon Charles Schmidt Pennsylvania Alfred Pirolli Philippines William J. Kelly Puerto Rico Carlos Orria-Medina Rhode Island Ernest Gerundio South Carolina Billy W. Bell South Dakota Paul A. Evenson Tennessee Jennings B. Loring Texas Ronald G. Cherry Utah William E. Christoffersen Vermont Leslie V. Howe Virginia Rob R. Gordon, Jr. Washington William Schrier West Virginia William W. Kile Wisconsin Arthur D. Herbison Wyoming Irvin A. ‘Tiny’ Quick—Excused Gerald Jacobs

NATIONAL ADJUTANT SPANOGLE: That completes the roll call, Mr. Commander.

4 Proceedings of Wednesday, October 17, 2007

NATIONAL COMMANDER CONATSER: I declare a quorum is present. At this time I call on National Vice Dettori to take the Chair.

Opening Remarks Martin F. Conatser, Illinois, National Commander

We’ve got a lot of work to do in the next few days, a lot of issues that have to be addressed. But I wanted to take a few minutes to bring you up to speed on some issues that are very important to this organization. The VA MILCOM Budget. I think most people in this room understand that it was passed by the House with only two no votes. It was passed by the Senate with only one no vote. The President says he’ll sign it. Sounds like pretty good legislation, doesn’t it? But we can’t get it through committee. We need your help. There’s going to be a letter circulated amongst you for the NECs to sign that will be sent to Senator Reid and to Speaker Pelosi, urging them to have the conference committee complete the work and that the bill moved on to the President’s desk. That’s very important for we as an organization. This budget is the best one that has been done in my lifetime. It added $3.6 billion from an already budget that was flushed up in 2007. It’s very important that we get this done. There is some real politics being played and we have to understand that, and we have to go forward with what we’re doing. I wanted to take a minute because I get some of the strangest e-mails. We stood with the President on the White House lawn on a Monday, on supporting our troops and Monday afternoon when it hit the web page. Tuesday, I got all kinds of e-mails about how could we do that. Wednesday, I sat with Nancy Pelosi, on the VA MILCOM budget and thanked her for putting in the $3.6 billion. Thursday and Friday, I got e-mails saying how can you sit with her? [Laughter.] Now you as the leaders of this organization got to help me out here and explain in your states that we are an issues-driven organization. We are not a political organization. We stand squarely with the President on the war on terror and that’s the reason I stood on the White House lawn there. We also stand squarely for increased budget for the VA and that’s the reason I was with Nancy Pelosi. I think it’s an absolute compliment to this organization that we can do those things. We are respected enough to have the credibility to do those things. You need to explain in your individual states that we work with the people who work with us on issues. We need to make that clear. Some of our people don’t understand that. We are an issues- driven organization and it is working very well. We’re respected for that issue and we get a seat at the table many times to discuss things that other organizations don’t, because we are true to that. But saying that, we all know there’s an election coming up. Anybody heard of any of the candidates who are running? There’s a whole bunch of them. During this meeting you are going to consider a resolution that will engage our great organization to truly make a difference, an electorate that is both informed and conscientious and offers the best prospect for placing the best candidates in positions of public trust. Smart voters make smart choices. It should be the province of The American Legion to develop within our membership as well as among the general public, informed and conscientious voters who will register and exercise their right to vote. I’m asking you to encourage our membership to become involved in this coming year’s election, at all levels, to empower every post in your department to hold an energetic ‘get out the vote’ campaign in their community. Over the next several months, the National Americanism Commission will be working with other Commission staffs in putting together a complete set of tools to help them get the job done, from holding voter

Proceedings of Wednesday, October 17, 2007 5 registration drives, sponsoring town hall meetings and forums promoting participation throughout your local media outlets, to providing transportation to and from the poles on election day. The American Legion is going to be at the forefront this coming year. Please educate and activate your departments, districts and posts. We will have full information in the magazine and the Dispatch, on the website and e-mail messages. Information toolkits will be distributed as soon as they become available. Our country cannot survive as a democracy unless the people participate. That’s our task, that’s a task that this organization has taken on many times in the past, and it’s time we take it on now. So, you’re going to hear more about that. I encourage you all to become more involved. Last spring, Past National Commander Paul Morin and Auxiliary President JoAnn Cronin visited the wounded soldiers in Landstuhl Regional Medical Center in Germany. While the hospital is outstanding, they found that certain ‘comfort items’ could improve the quality of life for our heroes. They were joined by Sons of The American Legion National Commander Earl Ruttkofsky, asking The American Legion family to raise $50,000 by the close of our National Convention in Reno. The Legion family and friends responded in a big way. The American Legion family has raised over $300,000 for “Operation Landstuhl,” surpassing the original goal six times over. Now, I’ve got to deviate a little from the remarks they give me to give you. But what organization can do that? What organization in six weeks time, can motivate itself, activate it, put the system together and make it happen? We ought to be damn proud and we ought to be telling everybody about it. Donations continued to trickle in, but the lion’s share of the fundraising has been completed, and most of the efforts are now going towards delivering the comfort items. Every item purchased by “Operation Landstuhl” has been requested by the Landstuhl Chaplain’s Office. The American Legion controls the disbursement of all funds. Items purchased through the Emblem Sales have been sent at cost, with no mark up. We have also been able to obtain a 10% discount from the Army/Air Force Exchange System, AFES, and have been able to save on shipping costs. We have sent many, many items including $25,000 in AT&T prepaid phone cards, 76 LCD television sets, Sony Play Stations and portable DVD players. We are purchasing 720 iPods that the Chaplain’s office will distribute to intensive care patients. We are filling up recreation centers with home theaters; pool tables; and Ping-Pong tables. All the items will have tags or plates saying, “Complements of The American Legion family’ and our Website.” So the troops know The American Legion family cares about them and thanks them for their service. Just yesterday, the chaplain requested 30 more 42-inch flat screen TVs, in addition to the equipment that has already been sent. We now have $30,000 left in the fund and we’re holding onto that until all invoices have been reconciled. Past National Commander Paul, President JoAnn and Commander Earl should be commended for this outstanding initiative. It is the finest tradition of The American Legion Four Pillars, National Security and care for our veterans, but none of this would have happened if Legionnaires such as yourselves had not opened your hearts and wallets to reach out to the fine young men and women who bare the brunt of Americans battles. Thank you. It is a testament to you. Most of you, sometime this week, have probably heard my opinion about what’s important to The American Legion. I call it ‘The Value of Membership.’ I’ve tasked every one of your department commanders, I’ve tasked your adjutants and now I task you to get on board the ‘value train.’ We’re going to stop talking about the cost of membership. We’re going to start talking about the value of membership. Just like the Landstuhl situation, just like our Legacy Scholarship, we need to start talking about the

6 Proceedings of Wednesday, October 17, 2007 value of who we are and what we do. If we’ve got squabbles on issues, we do it internally. We’ll take care of those and we work that through the system. Many of you get the opportunity to speak to other groups. But when you are out and get the opportunity to speak to groups of Legionnaires who might not totally understand what this great organization does. I expect everyone in this room to start talking about the value of membership. Why do we quiver so much when a veteran asks, “What’s in it for me?” Why do we start to stammer? Why don’t we start immediately talking about the Legacy Scholarship, why don’t we talk about National Emergency Relief Fund, why don’t we talk about Temporary Financial Assistance, why don’t we talk about the great things we do for veterans, how hard we’re fighting for the VA Budget? That’s what’s in it for any veteran to come become part of us. Now, you all get well paid for being here, right? [Laughter.] We’re all motivated by different things that brought us to The American Legion. I hope we all understand the great things that we do. I’ve asked your department commanders to never speak to an audience that the value of membership isn’t in that speech. I even got the chaplain to put the value of membership in a prayer the other day—I was so happy. I want you to do the same thing. When you get the opportunity to be the speaker, when you get the opportunity to get in front of the card-carrying Legionnaire, the Legionnaire who doesn’t come to every meeting, ask the Legionnaire who hasn’t come into National Headquarters to see the wonderful things that we do. They see you in that red cap and they know that’s something important. If you’re talking about the value of membership, they’ll understand the value of membership. It’s a simple concept. This organization needs to start talking positive about itself. We’ve got Veterans Day coming up. How many of you have seen the famous TV 20-second clip on the 6:00 p.m. news about Veterans Day? The TV station ran down to the local bar and walked in to the guy sitting at the corner of the bar. They stuck the microphone under his nose and asked, “How’s The American Legion doing today?” “We’re all too damn old, can’t march no more, nobody wants to join.” Then they go back and make a 20 second clip for the 6:00 news from your post. It shows the Legion emblem, the front of your building and the old boy saying, “They’re too old and nobody wants to join.” Shame on you, shame on us, when, in truth, that post might have just given away $2,000 worth of scholarships. It might still be supporting a Boy Scout troop, doing the right things for the community. But what did they get to see, “too damn old, nobody wants to join,” and they made that come true. But if that same interview would have been done with “we’re doing good things, we’re going to have a celebration on Veterans Day, we’re going to have a ceremony, we’ve done this for the community and we intend to continue to do that towards the future,” how would that veteran at sitting at home listening to the TV feel about us then? We’re our own worst enemy! How many of you get the Legion clips [via e-mail]? Some of you probably do. How many times do you see a thing where the local commander, the local vice commander or someone, do an interview with the local newspaper and instead of talking about the good things we’re doing, talks about the negative side of it? You see it everyday. We got to stop that. And the only way you can stop it is for you folks, the true leaders of this organization, to set that tone. It’s time and I expect it. I’ll help you everyway I can. We have to speak up about the good things we are and brag about the good things we do. I’ll tell one little story. After I don’t how many days on the road, I flew back into Indianapolis. My car happened to be parked down at the Park-n-Fly. I got on their bus to go down to pick up my car. I had a Legion shirt on. One of the ladies on the shuttle said, “What are you doing, are you visiting Indianapolis or what?” I said, “No, our National Headquarters is here.” The gal sitting next to her got to smiling and said, “You know the

Proceedings of Wednesday, October 17, 2007 7 happiest memories I have are of The American Legion.” Now, this lady is my age, maybe a little older. I asked, “How’s that?” She said, “I was raised in the Soldiers and Sailors Home in Indiana. The only family I had was when The American Legion family came for picnics and holidays and helped us and clothed me.” She said, “Fondest memories of my childhood are The American Legion family.” If that doesn’t make your heart feel good, there’s something wrong with you. We’ve touched people all through America, just like that, through our post programs. We should be proud of it. It’s time we started talking about being proud of this organization and talking about it the right way. That’s the value of membership! It’s not cheap beer at the bar. The value of membership is when you impact and touch peoples lives. This organization since 1919 has been the leader in touching the American way of life, and we need to start saying it. I expect everyone in this room to get on this train with me and start saying good things about The American Legion. When that happens, when someone says, “What’s in it for me?” start telling them the good things we do. The occasional card-carrying member has never step foot in the Legion post. The value of that $35.00 donation to The American Legion is well spent and well justified. We need to start saying it. I need your help to help me.

Introduction of National Officers

NATIONAL COMMANDER CONATSER: At this time I’d like to introduce my national officers. National Vice Commander Peggy Dettori from Alaska; National Vice Commander, Thomas L. Burns from Delaware; National Vice Commander, Randall A. Fisher from Kentucky; National Vice Commander, Donald J. Hayden from Minnesota; National Vice Commander, David A. Korth from Wisconsin. I’m almost disappointed. They’re being good to me this morning. I thought they’d come in their different colored shirts from the weekend, but they didn’t. I’d also like to introduce Reverend Elliot L. Foss, National Chaplain, from Georgia; National Sergeant- At-Arms, Denver R. Phelps from Illinois; National Historian, James M. Holmes from Indiana. I thank them for serving with me this year and they, too, are part of the value of membership. …A round of applause was given after each name read. NATIONAL COMMANDER CONATSER: I’ll call for the reading of the minutes of the two preceding meetings.

Reading of the Minutes of the Two Preceding Meetings

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN PROCTOR: I move that the minutes have been printed in digest form and mailed. I make a motion that they be approved without being read. NATIONAL COMMANDER CONATSER: I’ve a motion and a second. All those in favor with the normal sign of ‘Aye.’ Those opposed, same sign. So moved. I call on Jerry L. Hedrick. Resolution.

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

Mr. Commander, before I get into the resolutions, I’d like to tell you that I’m here to help you and make this train ride.

8 Proceedings of Wednesday, October 17, 2007

Your Subcommittee on Resolutions has been in session for the last couple of days, going through resolutions. We have 35 resolutions that will be presented here today and tomorrow, coming from the commissions and the committees who will make reports. Any resolutions dealing with that commission will follow that report. All other resolutions have been disposed of by administrative action or held for future study will be reported out as an addendum. Mr. Commander, I ask that you prepare the NEC for Memorializing Resolutions. …At this time, the Commander asked the National Executive Committee to uncover and they stood in silence for the reading of the following Memorial Resolutions.

Memorial Resolutions

Donald J. Smith (Michigan)

WHEREAS, It has pleased almighty God, the Great Commander, to summon to His immortal legions our beloved comrade, Donald J. Smith—Department Commander, 1955- 1956; National Internal Affairs Commission Chairman Emeritus 1974-2007; 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 2007, does mourn the passing of our distinguished Legionnaire, DONALD J. SMITH, 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 will be presented to the families of Everett L. McConnell (Colorado); George E. Osborne (Georgia); Marion P. Johnson (Idaho); Frank Holloway (Maryland); Donald K. “Bucky” Harris (Michigan); Wayne F. Davis (Nebraska); Mary J. Cotterill (New York); Frank J. D’Amico (New York); James A. Hamilton, Sr. (South Carolina); and George E. Anderson (Utah).

Miss Me—But Let Me Go

When I come to the end of the road And the sun has set for me, I want no rites in a gloom filled room! Why cry for a soul set free! Miss me a little—but not for long And not with your head bowed low, Remember the love that we once shared, Miss me—but let me go.

—Edgar Albert Guest

NATIONAL COMMANDER CONATSER: I call on Jerry Dennis from Michigan.

Proceedings of Wednesday, October 17, 2007 9

Eulogy: Donald J. Smith By Jerry Dennis, Michigan

On September 24, 2007, The American Legion lost a quiet giant of a man from Michigan, to the Post Everlasting. On that day, National Internal Affairs Commission Chairman Emeritus, Donald J. Smith of St. Johns, Michigan, passed away in his 92 earthly years and his 65 years of American Legion membership, to an even higher cause. Donald J. Smith, a sometimes farmer, and a sometimes teacher, was known to many in his home department simply as the ‘Professor,’ perhaps a spin off of the 17 years of teaching, followed by service as superintendent of schools. The Professor earned his Bachelor of Science degree from Central Michigan University in 1942, and immediately enlisted in the U.S. Army Air Corps as a flight instructor. Following his military service, he became immediately active in The American Legion and served in many capacities at all levels of the organization in the subsequent years. Some of these included: Commander of the St. Johns Post 153; district commander; department commander and ultimately as Michigan’s National Executive Committeeman. His specific service to the national organization reads like an American Legion Who’s Who list and I am certain that many in this room will remember him. Some of his national service includes membership and chairmanships on numerous committees and commissions, including, but not limited to: Education of Orphans of Veterans Committee; Education and Scholarship Committee; Rehabilitation Commission; Legislative Commission; Advisory Committee to the National Commander; and Internal Affairs Commission. Again, the ‘Professor’ was a quiet man, but a man compelled to further the aims and purposes of The American Legion. Not many Legionnaires outside his post ever saw Commander Smith, but many knew of his work and involvement. He was scarcely visible, but many of the advances made in the Department of Michigan over the numerous years can be attributed to his forward thinking and presence. Thank you all for your indulgence and caring evidenced by your allowing the Department of Michigan to present this eulogy to Legionnaire Donald J. Smith before this membership body.

NATIONAL COMMANDER CONATSER: I now call on the National Adjutant for an announcement. NATIONAL ADJUTANT SPANOGLE: The National Commander’s Dinner honoring the National Executive Committee tonight is at the Sheridan City Center, Indianapolis. The reception will be held in the Circle Suites at 6:00 p.m. and dinner will be served in the Meridian Ball Room at 7:00 p.m. National Executive Committeemen who have not yet submitted the names of the attendees will find a bright orange form on their desk. This needs to be completed and returned. The cut off for seating requests is 10:00 a.m. Tickets will be available to pick up after lunch from Mary Rooney in the administrative office of The American Legion. National Executive Committeemen who have not had their photo taken at meetings leading up to this meeting, stop by the lounge just outside the NEC room. Jim Carroll, our photographer, has set up there. If you do not have picture to put in The American Legion Magazine or used for PR purposes, please do so. And I have someone’s glasses that were left on the first floor. NATIONAL COMMANDER CONATSER: I know there is one department commander who didn’t get his picture taken so he can stop by. Now, I call on Philip B. Onderdonk, Jr., of Maryland, for the National Judge Advocate report.

10 Proceedings of Wednesday, October 17, 2007

Oral Report: National Judge Advocate Philip B. Onderdonk, Jr., Maryland

Mr. Commander, if I may first, I’d like to thank the National Adjutant for the extra time. [Laughter.] The report of a lawyer is always good news and bad news. I’m going to start with the good news today. We have the usual contracts, 110 of them, but I think for the past seven years, I’ve reported to this body on the Urban case. This is a very nasty case out of Minnesota. We won this case in the Supreme Court of Minnesota last year as the October NEC left town. About thirty minutes later, I got the phone call. It was very nice news at the end of the meetings. We won the case and we’ve used the citation already in two cases to get them dismissed, or changed appropriately. We’re working on a third. So, even though that case cost the insurance company a considerable sum of money, we’re certainly going to get our monies worth out of it. In case you forget, this was a dram-shop case. A man came into the Legion post and had one drink. That’s all they would serve him. He was a problem drunk. He went to the VFW and did the same thing He went to the state or city liquor store, bought 1.75 liters of ‘Jack’ and then went whizzing down the interstate at a very high rate of speed, crossed the median and head-on into another car. He was killed in the crash. The empty bottle was found in the back seat. As a result of the crash, one dead wife and mother, one quadriplegic kid, one brain-damaged kid, one very badly scarred kid. The father was hurt, but recovered. But that family was destroyed. Oh, they sued. Everybody settled out with the maximum of their insurance policies except The American Legion Department of Minnesota and the national organization, because the plaintiff’s attorney kept saying he wanted to get all kinds of huge damages. Now he got a lot of money and business from the state, representing the state in a number of cases. So he didn’t sue them over the $750,000 cap for damages on the state or city liquor store by state law. Now the Supreme Court has said that damages above a multiplier of nine over actual damages are unconstitutional and a violation of due process, basic fairness. I think the corollary of damages that are limited to too small an amount by law are also unconstitutional. But his lawyer never even tried that. He just kept suing The American Legion, claiming we were responsible. But The American Legion does not operate or run posts, does not have the power to operate and run posts. As a result, we’re not responsible for the actions of the posts. I get a number of people who try to say oh, yes, we should do this, we should do that, or that we are under state law, but the answer is, it’s universal. Under the United States Constitution or under all state’ laws, we’re not responsible. So it was a very good verdict and judgment by the Supreme Court of Minnesota. It doesn’t help the family though. The real problem with the case, from the point of view of The American Legion, was that the individual who had the one drink was not a member. Letting the public in. Even worse, he was eligible and had never been signed up. Now that ties in with what the Commander has been saying. The next case is the Barnes case-vs-the city of San Diego. This is one that we are watching very carefully. An argument has not yet been scheduled. This is the Boy Scouts in Balboa Park. The Boy Scouts that have put over $5 million dollars over the years into their facilities in the park, and this is a suit by an agnostic couple and a gay couple to throw them out of the park. So far, they have been winning. We are an amicus under assignment of appeal but the appeal is dragging on, and no one has scheduled the argument. Very similar, I think to what is going on in Congress. The problem in the case is the gay couple never sent their son down to join the Boy Scouts. They state; “They felt he would not be welcome.” Well, all the lawyers in the

Proceedings of Wednesday, October 17, 2007 11 room, I think, will agree with me that feelings are not the basis for a lawsuit. You got to have some damage, some injuries, some action. So I don’t think they should have even brought the case. It should have been thrown out. As for the agnostic couple, suing on the grounds that they do not know whether or not there is a God, that doesn’t give them the right that an atheist might have to challenge the existence of God. The case should have been thrown out that basis, also, but it wasn’t. Of course, we’re dealing with the 9th Circuit and the federal courts in California. Sorry about that, I couldn’t resist. But we are amicus and we’re waiting for the argument. The next case is another ACLU case, this is the one we call the Darby photographs case. These were the extra photographs from Abu Ghraib Prison. The ACLU sued to have them released. The government defended them and asked The American Legion to come in as amicus, and we did. Then they didn’t like the fact that we were there, because our attorney, Charles Mills from New York, came up with a couple of very, good arguments. The judge, who was an extremely liberal judge, the plaintiff would pick and choose the courts they go to, didn’t buy the argument. He mentioned it in the footnote and said that because it was not raised by the government, he wasn’t going to deal with it. Again, that isn’t anything improper, that’s what an amicus is there for, to raise other arguments. In any event, the pictures were later leaked. We believe they were leaked by the Justice Department, because the real battle from the point of view of the Justice Department in this case was two briefs they had written to the CIA. Now they were secret. We were invited in when they discussed them. We choose not to do so, because then I couldn’t shoot mouth off. In any event, there is just recently, about two weeks ago, newspaper articles about briefs that the Justice Department wrote to the CIA on torture. We believe these were the same briefs, and they’ve now been leaked. We’re very fortunate as a country that our people, especially civilians in the Middle East, were not targeted because of all of this. That was the danger of which the court refused to listen to, which the Justice Department refused to argue over. So again, another case of the government selling the people who support them, down the river. Anyway, we withdrew from the case at that point. The next case is a continuation of the flag case in California. It has been through the district court and the district court felt it was constrained by the prior 9th Circuit opinions and that it must rule with the Pledge of Allegiance and the flag were unconstitutional for being mandated to be in schoolrooms. We will join that case in amicus as soon as the proper filings are complete. We’re going back to Supreme Court on the flag and maybe this time we’ll get a decision that puts it to rest. We hope so. A very small case in Pennsylvania is in Schuylkill County, in northwest Philadelphia. We don’t know what the case is about. Pennsylvania has a system where you can file a præcipe and then wait seven years to actually put your complaint in. Now, we could file a motion and insist that the complaint come in early, but we say why waste the time and money. In another three years, it will be gone on its own. I have no idea why they did it. There is no reason to ask even at this point. The Mount Soledad cross case, as you know has been won at least on the state court cases, but it’s going to come around again in federal court. This is the Veterans’ Memorial Cross in San Diego. Again, a representative of the ACLU sued them to take it down, claiming it’s a religious monument, not a veterans monument. They say they will not attack the crosses in veterans’ cemeteries, but they way they said it, it makes us wonder. In addition, there are a lot of other memorials, such as the Friendship Cross of Canada in Arlington that would not be excluded even by the most broad reading of their statement, and their statement equivocates. We are a part of the case and when it comes back in to the proper form, for an amicus, The American Legion will file its appearance

12 Proceedings of Wednesday, October 17, 2007 again. For both these crosses in Balboa Park, we get pro-bono attorneys from Liberty Legal or the Alliance Defense Fund. It’s a very nice way to proceed forward on the principles of The American Legion. We have an Agent Orange products liability litigation case. These are two people who did not recover from the 1984 settlement because they had no symptoms at that time. They were not eligible. Most of the veterans’ organizations have joined on their side as we have. The Vorland case from Travis County, Texas was a dram shop case. The matter was referred to the insurance company, counsel was obtained and as we filed the motion to dismiss, and for summary judgment, the plaintiff’s attorney withdrew from the case. The court authorized a withdrawal and granted summary judgment. That one is over. That was a fast one. The Green and The American Civil Liberties Union in Oklahoma case has just recently been argued. This is a courthouse lawn case with the Ten Commandments monument and the veterans monument on the lawn. This has been argued in Denver, just recently. We don’t have an answer from the court yet, but we’re in amicus in that one again, with a pro bono counsel. The American Legion vs. American Legion Baseball, Department of Missouri, Inc. case. I think most people in this room are familiar with this case. This corporation was a subsidiary corporation of the department, using a department emblem, name—The American Legion emblem and name—running a department program. The DEC had some problems, couldn’t get an audit and told the subsidiary corporation it wasn’t going to run baseball anymore, and couldn’t use the name and emblem. The subsidiary corporation said that they can. They went to state court for an injunction that it could use the name and emblem of The American Legion and run American Legion baseball despite what the department said. State court judge granted the injunction, even though she had absolutely no jurisdiction. The result was that the department came to the national organization and together we went in on a federal trademark case against the baseball corporation. Shortly after the case was filed, after one hearing, the baseball corporation collapsed, and the case is over. The result of the case is that the corporation has been dissolved, it doesn’t exist anymore, all the assets were turned over to the department, all appointments held by those on the board of that subsidiary corporation resigned, they are not there anymore. There are consequences. The National Adjutant sent the Commissioner of Baseball of Missouri to reconstitute the program. As I understand, it was run with even more teams this year. So the program is up and growing now, and certain hidden charges that no one knew about are not there anymore. That case is over, that case has lead because of the requirements of trademark law. For the national organization, through the National Adjutant, the authorized individual by this body, could send out a letter to each department with the five rules for having subsidiary organizations, corporations, trust foundations, whatever, operate programs using the name and emblem of The American Legion. No one is trying to take over the program. We are trying to obey the trademark law which requires anyone who owns a trademark to constantly and continuously control and protect it. If you don’t, you deemed to have abandoned it. The trademark laws are extremely convoluted, basically because most businessmen want to protect their own trademark, but damage or a capture or attack competitor’s trademark. That’s business. As a result, the law winds back and forth. I think every lawyer in the room would agree with me on that one. You don’t know when you’ve gone too far. Until you’ve gone too far and it’s too late, you’ve lost your trademark. As a result, the National Adjutant had to send those letters out. We will work with the

Proceedings of Wednesday, October 17, 2007 13 departments and get it straightened out, but it has to be straightened out eventually. We don’t have all that much time. I have a case in Massachusetts, a dram shop case. We filed interrogatories to find out what happened, along with our cases, showing that we were not responsible. The plaintiffs chose to dismissed the case rather than answer the interrogatories after the reading the cases we sent them. Again, this is why the Urban case and some of our other precedents are so strong. The Duncan case vs. The American Legion is actually a case against the post but they named The American Legion. They served the post. We found out about it, again sent the Urban case and the other citations to the plaintiff’s attorney, strongly suggested they change the name on the case or we’d be forced to ask the judge to do it. That, of course, would mess the case up which has these extraneous issues. They have agreed and have changed the name on the case. They are now suing a post. This is actually a malicious prosecution deformation case. This was a bar manager. They accused her of taking money. She was arrested, incarcerated, and then, later on, the prosecutor called nolle prosequied the case for not enough evidence to prosecute. They then made certain statements, apparently allegedly, about her in public. She’s got a lawsuit. Joyce Grasso vs. The American Legion, this is in Philadelphia, Pennsylvania. This is another slip and fall post liability case. Actually it happened out in another county. In Pennsylvania, you get a kick back from the other county. We have filed the cases, and moved to dismiss and moved for a summary judgment. That is pending. Those are all of the litigations at the moment. I have the usual 991 written opinions, 17 to the Auxiliary. I attended the meetings of the Retirement Plan, 401(k) Plan, HBC, but I’d like to get into another issue. In accordance with the cannons of ethics, and rules of practice, both of which I’m subject to, since I’m licensed in Pennsylvania, as well as Indiana. The office of National Judge Advocate does not report confidential personnel matters to the NEC, nor does it report matters that may lead to litigation because of the report. In other words, one of my jobs is not to increase the liabilities of The American Legion. It’s trying to reduce them. The National Executive Committee is essentially a pubic form. The minutes of the National Executive Committee are filed with the United States Government, along with all of our other proceedings, and printed by the U.S. Government Printing Office. We know they are reviewed by the government; we’ve had questions. Hence, confidential personnel matters or matters that might lead to charges of defamation, or other lawsuits, are not discusses in public. Such matters are reported to the Executive Session of the National Finance Commission and anything that involves money, is reviewed by The American Legion auditors. Now Mr. Commander, if I may digress on two issues that are upcoming, not reports of past matters. I will be as brief as I can be. The NEC needs to be aware of the Pension Protection Act of 2006. The National Adjutant calls it the Pension Destruction Act, and I think he’s right. This statute has enumerable non-pension provisions. One of them is going to require every Legion post and department to file something with the IRS every year. There’s no minimum. It doesn’t matter how small the amount of money is, or how small the post is. If they don’t file a 990, they must file a 990N, which is an electronic filing card. You’ve got to do it by a computer. You know what that’s going to do to a lot of our members. If you don’t file, after three years, the Secretary of the Treasurer will take away the EIN from the post, which means they are no longer tax exempt, and they can’t be tax exempt. The only way they can the number back is to file a written petition, and “justify” their failure to comply with the statute and file. I didn’t write this, but this is what our government did. That is an extremely hard burden. They might be able to do it if they could say that everybody

14 Proceedings of Wednesday, October 17, 2007 was disabled in the post, except for the adjutant and the treasurer, and they both had heart attacks and were unconscious for six weeks or something. That might work, but it’s going to have to be something along that line. But even if they do that and get to that level, they will only get their EIN back “in the discretion of the Secretary of the Treasury.” Ladies and gentlemen, you are all veterans. Have you trusted the discretion of the United States Government since you were in service. I’m getting a laugh, I treat that as a no, because I know I sure haven’t. This applies to everyone. The notice the government is sending out is defective. They are sending it to say one thing, if the EIN is on it and never filed, they say you may have to file. Well, we all know our guardhouse lawyers, they’re going to treat that as permissive, right? The only reason it says “may” is there is an exception in the statute. The exception is for churches, and the last time I looked, The American Legion doesn’t qualify as a church. So, what is the bottom line? We recommend as we always have that everybody file the 990. That, at least, starts the statute of limitations running, this electronic card will probably not. It just doesn’t rise to the level of a return, even though they call it a 990N. Please take that information back to your departments and posts. Please pass it on, because starting this next spring, we’re going to have a real problem with posts losing their tax exempt status because they haven’t filed, because they just don’t know. Another matter involves IRS audits, including the Sons of The American Legion. Section 501(c)(19) to the tax code states that 75% of the members of the post of veterans’ organizations must be veterans and the other 25% can be Auxiliary ancestors, dependents, siblings. We got the language amended in 1990 to make sure it protected the SAL, but it’s only 25%. So the IRS is auditing posts that have SAL Squadrons, saying the Squadron is to large if it’s over 25%. Therefore the post loses its tax exempt status. We don’t know what base they are using, whether they are adding the two organizations together to form the base of the percentage, or just using the post numbers. But we do know what they’re not doing. They are not deducting the duel members from the SAL side, which they should do because they are veterans and they count on the Legion side. They’re also not deducting veterans who are not members of the Legion and not eligible, who many times join the SAL because military service does tend to run in families. Sometimes you miss the dates. And they should also, because they are veterans as specified in Section 501(c)(19). It doesn’t say wartime in Section 501(c)(19), it says veterans. In any event, the IRS goes to the post, does the audit and says, “The squadron is to big, but if you give me X dollars, all is forgiven.” The posts have been doing this, some with rather substantial amounts of money, in the tens of thousands of dollars. Now, this is a post decision. They have to make it, but I do believe they’re going to be considered soft targets by the IRS. They will see the IRS again, every year. We’ve been working with the Department of New York and offered it to a couple of other departments. Actually we make the offer to any department if we can find a post with a squadron where the numbers work properly. In other words, it’s a little too big until you make the proper deductions, and the post is willing to fight, it will cost them a little money and if the department is willing to fight, it will cost them a little money. They can ask national, we will join. It is already been approved by the National Adjutant. We will be more than happy to assist in the proper case. The idea is to take the matter back to conference with the main IRS in Washington, the same way we handled the gaming income issues in Maryland, about fifteen years ago. No one really wants to sit in that stuffy, tiny, hot conference room, but sometimes it’s the best way to resolve the matter. As you all know we have free technical advice memorandums out of the last discussion with the IRS that have been very favorable to

Proceedings of Wednesday, October 17, 2007 15

The American Legion. So, I would ask that you pass that onto the departments because we know it is already in Pennsylvania, New York and Connecticut, West Virginia, Kentucky, Nebraska, and I think it’s in the Carolinas. It may very well be moving into the southwest at this point. That completes my report.

Report: National Judge Advocate P. B. Onderdonk, Jr., Maryland

Contracts The following one hundred and ten (110) contracts have been reviewed or prepared: 1. Articles of Agreement by and between The American Legion and The American Legion National Convention Corporation of Kentucky, covering the convocation of the 2009 Convention of The American Legion in the City of Louisville, State of Kentucky, 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 Bally Total Fitness, whereby Bally Total Fitness will offer its services and products under The American Legion’s Family Benefit Plan to its employees, members of the Organization and affiliates. 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.

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11. Housing contract between The American Legion and Marymount University to provide for lodging and food service for American Legion Boys Nation held on July 21-28, 2006 . 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 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 Fischer/Parr Entertainment Group (FPEG), an Ohio corporation, to sponsor, at no direct financial cost to The American Legion, a NASCAR team for the Busch Series from Memorial Day 2005 through the end of the 2007 NASCAR season. 14. An Agreement by and between The American Legion and Bridgestone Golf to provide free golf equipment to military personnel returning from duty in the Middle East and Afghanistan. 15. A contract by and between The American Legion and Bluewho.com (web hosting provider), and sub agreement with Samuel G. Cooke American Legion Post 267 to purchase our web hosting and design service. 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: Barton-Cotton-Famous Hospitality, Inc. 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 Quality Concepts for structural and environmental services (cleaning) at the Fort Ben location. 21. A Contract by and between The American Legion and Communications Products, Inc. for software upgrade for the existing server running Windows 2000 Server. 22. An Agreement by and between The American Legion and Stratalys Research & Consulting, LLC for a research project to understand the causes of membership non-renewal. 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 FTD.COM, Inc. for a 10 percent discount for floral services via the Legion web site or by calling the FTD 800 number. This program is part of the Member Benefits Program

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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. 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. Seventy-seven (77) 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: Marsh Affinity Group Sport Graphics, Inc. Resource One JH Marketing Services TN Marketing Treloar & Associates Quincy Sun Moore Wallace Response Marketing G E Financial Assurance Cole Managed Vision Care E H Direct Pierce & Company LTC Associates Aegon Direct Marketing Services, Inc. Bankers Life & Casualty Company Careington International Colonial Penn Life Insurance Company Dataquik Corporation Mailing Services of Pittsburgh TransContinental Direct Webcraft LLC dba Vertis, Inc. Regulus Integrated Solutions Quebecor World Digest

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Versatile Card Technology CD-COM Systems Midwest, Inc. BANTA Openfirst GMACI National General Insurance Company and National Assurance Company Commercial Letter, Inc. Felix Group, LLC University of Santa Barbara Veterans Online, LLC Name-Finders List VERTIS KDM ASC (The College Board) Military Advantage AEGON/Pinnacle Data Systems, LLC PipMail Mainstreet Media-Kansas Aberdeen American News-South Dakota Torrington Telegram-Wyoming The Heritage Company Daily Reporter Northwinds Publishing & Printing Morgan Printing, Inc. Nfocus Consulting, Inc. Kramers Mailing Service FTD Branded Nielsen Company True North Companies (Medicare Part D, Program-provided by PacifiCare) Daily Freeman Journal CES Mail Communications, Inc. Signature Offset Quadriga Art, Inc. Brickmill Marketing Services Alliance Defense Fund North Mail, Inc. SIRVA Affinity Group Services Perma-Graphics, Inc. info USA, Inc. PSA Epsilon Ripon Printers PEP Direct, Inc. Datagraphic Source International Freedom Graphic Systems Data-Mail, Inc. Ventura Printing Commercial Letter, Inc. Business Mailing Center

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River’s Edge Printing SigmaMail Crell Mail Advertising Long Term Care Associates, Inc. Caremark, LLC Confidentiality

Litigation

STATE OF MINNESOTA COUNTY OF GOODHUE

Marcus Robert Urban, a minor * Michael Thomas Urban, a minor, * And Brett Ryan, a minor, * DISTRICT COURT By and through their parent and * FIRST JUDICIAL DISTRICT Natural guardian, Todd Michael * Urban, And Todd Michael Urban, * Individually, * Court File NO. A04-1409 Plaintiffs, * v. * * The American Legion and its * subdivisions; and * The American Legion, * Department of Minnesota *

This is a dram shop case, which arises out of an automobile accident that occurred in Goodhue County, Minnesota. According to the complaint, the plaintiffs claim they were riding in an automobile that was struck by another vehicle driven by Orvin Joel Rolland who allegedly was illegally operating his vehicle while under the influence of alcohol that allegedly had been sold to him by Pine Island Liquor and American Legion Post No. 184. Counsel has been obtained and the defense is proceeding for the account of the insurance company. The plaintiffs’ attorney has been misusing discovery as a club to harass and the Court allowed it. Once the Court read our discovery motions things started to change. A Motion For Summary Judgment was filed and granted. The plaintiffs’ law firm is now contesting costs and appealed. The State Court of Appeals affirmed and the plaintiff appealed to the Minnesota Supreme Court convincing the State Attorney General to file an amicus brief which completely misstates the facts. Review was granted on one issue in a very confusing order. The American Legion won the case in a very strongly worded opinion from the Minnesota Supreme Court.

IN THE UNITED STATE COURT OF APPEALS FOR THE NINTH CIRCUIT

LORI & LYNN BARNES- * WALLACE; MITCHELL BARNES- * WALLACE; MICHAEL & VALERIE * BREEN; MAXWELL BREEN, * * Plaintiffs-Appellants/ *

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Cross-Appellees, * * Record Nos. 04-55732, 04-56167 XAP

v. * CITY OF SAN DIEGO *

Defendant, *

And * BOY SCOUTS OF AMERICA * AND BOY SCOUTS OF * AMERICA-DESERT PACIFIC * COUNCIL, * * Defendants-Appellees/ * Cross-Appellants. * This case arose when an agnostic couple and a gay couple sued the city of San Diego because of the Boy Scout’s lease of Balboa Park for a campground and the swimming pool. The Plaintiffs claim the Boy Scouts are a religious organization because they require a belief in God and claim they were discriminatory because they did not allow gays to participate as leaders. The Federal Court in San Diego essentially ruled in favor of the plaintiffs. For an agnostic to claim religious discrimination against an organization that requires a belief in God does not make too much sense. An agnostic is an individual who doesn’t “know” whether or not there is a God. This is different from an atheist who denies the existence of God. Hence, The American Legion believes that these plaintiffs should have been dismissed for lack of standing. In addition, the gay couple never attempted to use the facilities or send their adopted child to use the facilities. They stated to the court that they “felt” that they would not be welcome. Feelings are not sufficient for Federal Jurisdiction. After the courts ruling, the Boy Scouts appealed, as did the plaintiffs. Indeed, the plaintiffs got their appeal filed first. Because the court totally misconstrues the case as a case about establishment of religion when it is really a case about freedom of association and because it is a case about the basic values of this country, The American Legion has filed an amicus curiae in support of the Boy Scouts. Argument has not yet been scheduled.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

AMERICAN CIVIL LIBERTIES UNION, * CENTER FOR CONSTITUTIONAL RIGHTS, * ECF CASE PHYSICIANS FOR HUMAN RIGHTS, * VETERANS FOR COMMON SENSE AND * VETERANS FOR PEACE, * Plaintiffs, * * 04 Civ. 4151 (AKH) v. * *

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DEPARTMENT OF DEFENSE, AND ITS * COMPONENTS DEPARTMENT OF ARMY, * DEPARTMENT OF NAVY, DEPARTMENT OF * AIR FORCE, DEFENSE INTELLIGENCE * AGENCY; DEPARTMENT OF HOMELAND * SECURITY; DEPARTMENT OF JUSTICE, * AND ITS COMPONENTS CIVIL RIGHTS * DIVISION, CRIMINAL DIVISION, OFFICE * OF INFORMATION AND PRIVACY, OFFICE * OF INTELLIGENCE POLICY AND REVIEW, * FEDERAL BUREAU OF INVESTIGATION; * DEPARTMENT OF STATE; AND CENTRAL * INTELLIGENCE AGENCY, * Defendants. *

This case involves a number of photographs of abuse of captives held at Abu Gharib prison in Bagdad, Irag which have not been disclosed to the public. They are known as the Darby Photographs. The ACLU along with other plaintiffs have filed a Freedom of Information Act case to force the release of the photographs despite the harm it would do to America and the physical danger to Americans in the Moslem world. On August 1, 2005 we were requested by the Department of Justice to become an amicus in the case. We were able to produce a brief and three affidavits within four days. Our brief raised the danger to Americans, both military and civilian. The Government had left out all the Government contractors or the effects on civilians worldwide. In addition, Charles Mills, our local attorney in the case, developed an argument that the court had no jurisdiction. Neither he nor I thought too much of the argument initially. However, every time we look at the issue and research it the argument gets stronger. Our brief was filed and argument was held in the district court. The judge commented on our brief twice and on our affidavits. Despite the fact that it appears that the trial court would like to release the photographs the judge took the entire matter to review. Incidentally, both Charles Mills and I had a great concern about the position of the Department of Justice in the case. Because of things Department of Justice attorney said and the way they have avoided certain strong arguments, we were not at all sure that the Department of Justice wanted to win the case and keep the photographs from the public eye. We did not expect the district court to be the final say on the matter. On September 29, 2005, despite all of our efforts the Judge ruled in favor of the ACLU. The Government decided not to appeal on the photographs. It continued to contest the demand for briefs it sent to the CIA. The American Legion’s participation is over at present.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

JAN ROE AND ROECHILD-2, * Plaintiff/Appellees * * NO. CIV. S-05-17257, v. * 05-17344 and 06-15093 * (Consolidated)

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RIO LINDA UNION SCHOOL DISTRICT, * Defendant/Appellant, * * and * * UNITED STATES OF AMERICA, * Defendant/Intervenor * * And * * JOHN CAREY, et al., * Defendants/Intervenors * -Appellants. *

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 believed 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 has filed a petition to intervene 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 will be heard by the Ninth Circuit and ultimately, hopefully, the Supreme Court.

COMMONWEALTH OF PENNSYLVANIA COUNTY OF SCHUYLKILL

Daniel Jeffrey Steich * * Plaintiff * * v. * * The AMERICAN LEGION * POST NO. 575, ET AL * * Defendants *

This 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.

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

Proceedings of Wednesday, October 17, 2007 23

Philip K. Paulson, * Petitioner, * * 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 it’s amicus brief in conjunction with the Department of California in the California Supreme Court. The United States Congress has enacted and the president signed a statute which would turn the memorial over to the federal government. This put an end to the state litigation. Nonetheless, we will proceed until we know the veteran’s memorial is secure. There is now a federal case which we are watching carefully.

IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT 05-1820-CV

IN RE: “AGENT ORANGE” PRODUCTS LIABILITY LITICATION

JOE ISAACSON AND * PHYLLIS LISA ISAACSON, * Plaintiffs-Appellants, * * v. * * * DOW CHEMICAL COL, ET AL., * Defendants-Appellees. * CAUSE NO. D-1-GN-06-000801 *

The American Legion has filed an amicus brief in this case in support of the claimants The plaintiffs were not able to file a claim in the 1984 Agent Orange Settlement because they had not yet manifested any symptoms. Although these plaintiffs received no compensation and were essentially barred from the early case, the defendants

24 Proceedings of Wednesday, October 17, 2007 have attempted to use the early case to deny them any compensation. Most of the other veteran’s organizations have also joined in support of the plaintiffs.

IN THE DISTRICT COURT TRAVIS COUNTY, TEXAS

RYAN VORLAND * Plaintiff, * * Vs. * * CURTIS LESLIE HARRIS; LAKE * CITIES POST NO. 88, THE AMERICAN * LEGION, DEPARTMENT OF TEXAS, * LAKE DALLAS, TEXAS; AMERICAN * LEGION, DEPARTMENT OF TEXAS; * AND THE AMERICAN LEGION * 345TH JUDICIAL DISTRICT Defendants *

This is a dram shop case filed in Texas because of an auto accident by an individual who allegedly had been drinking at a Legion post. Matter referred to our insurance company and counsel obtained. Shortly thereafter, the plantiff’s attorney filed a motion to withdraw. We understand the court authorized the withdrawal. A Summary Judgment was obtained in this case in September 2006.

IN THE COURT OF APPEAL FOR THE TENTH CIRCUIT

JAMES GREEN, AND * AMERICAN CIVIL LIBERTIES UNION * OF OKLAHOMA * Plaintiffs-Appellants * * CASE NO. 06-7098 v. * * BOARD OF COUNTY COMMISSIONS OF * THE COUNTY OF HASKELL, AND KENNY * SHORT, in his official capacity * Defendants-Appellees *

On the courthouse lawn in Haskell County, Oklahoma contains a number of monuments and items. Among them is a Ten Commandments Monument. James Green and ACLU sued to have the monument removed. District Court ruled against the ACLU saying that the monument was not religious as claimed. Because of the impact the case could have on veteran’s memorials, The American Legion has joined the case as an amicus on the side of the county. Argument in the Tenth Circuit Court of Appeals is scheduled for October 4, 2007.

Proceedings of Wednesday, October 17, 2007 25

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

THE AMERICAN LEGION * Plaintiffs * * v. CASE NO. 4:06-CV-01789 RWS THE AMERICAN LEGION BASEBALL, * DEPARTMENT OF MISSOURI, INC. * AND HOMER DICKMANN * Defendants *

This case began as a result of the Baseball Corporation claiming that it could use the name and emblem of The American Legion even though the Department of Missouri, through its Executive Committee, had withdrawn authority in the Baseball Corporation to run American Legion Baseball in Missouri. The corporation went to state court to obtain an injunction to use the name and emblem. The State Court granted the injunction. The American Legion’s response was a federal trademark suit because the state court had no jurisdiction to issue the injunction. The American Legion was not part of the original state case. It was removed and consolidated with this case. As a result of The American Legion’s filing, American Legion Baseball Department of Missouri Inc. has ceased to exist. The corporation has been dissolved. All assets have been turned over to the Department and or the National Organization which promptly forwarded what it received to the Department of Missouri. All individuals involved as plaintiffs in the state case have resigned. The case is over. As a result of the case, the National Adjutant sent letters to each Department requesting certification that all subsidiary corporations met five rules. These rules are: 1. All officers, directors, trustees, etc. must be named by the Department (usually nominated by the Department Commander and confirmed by the Department Executive Committee). 2. All vacancies in the subsidiary corporation must be filled by the Department. 3. The subsidiary corporation must report to the Department, no less frequently than monthly. These reports must include financial reports. 4. The Department Treasurer or Finance Officer or Department fiscal officer must be the signatory on all accounts. 5. All amendments to articles of incorporation or by-laws must be approved by the Department. (If the current text has not been approved by the Department, it too must be so approved.) We are in the process of receiving these certifications and working with the Departments that need to assist subsidiary corporations in meeting the requirements of the trademark law.

COMMONWEALTH OF MASSACHUSETTS

NORFOLK, SS SUPERIOR COURT DIVISION TRIAL COURT CIVIL ACTION NO: 06-01432

26 Proceedings of Wednesday, October 17, 2007

KATHERINE WALKER and * BENJAMIN WALKER, * Plaintiffs. * * v. * * THE AMERICAN LEGION, MILTON * POST #114 AMERICAN LEGION POST, * MILTON LEGION POST NO 114 * BUILDING CORPORATION, GINO * GAUL, ROBERT F. TERRELL, ROBERT * MAHONEY, JAMES DELANEY, * Defendants *

This is a dram shop case. The complaint does not really specify what happened. Interrogatories were filed to determine exactly what happened. Rather than answer the interrogatories, the plaintiff’s attorney dismissed the case after reviewing the precedents. The American Legion has gathered over the years including the Urban case. Although the dismissal was without prejudice, we do not expect the case to come back.

9/25/07—Cases added to Report

IN THE CIRCUIT COURT OF FAIRFAX COUNTY

PATRICIA DUNCAN ) ) Plaintiff, ) ) Case No. 2007 10727 v. ) ) THE AMERICAN LEGION ) Serve on: Brenda J. DiMichael ) (R/A) ) 3939 Oak Street ) Fairfax, Virginia 22030, ) et al )

This case involves claims of malicious prosecution, defamation and abusive process. The plaintiff alleges she was a bar manager at a Post. When some money was missing she claims the Post charged her, had her arrested and even after the prosecution was nolle prosequi referred to her as a “thief.” She alleges the CPA’s report indicated that due to lack of internal controls and proper evidence (they) could not conclude who actually removed the missing funds. The plaintiff named The American Legion as a defendant along with a number of individuals from the Post. However, service was made upon the Post, not The American Legion. The American Legion has contacted plaintiff’s attorney and requested that the name of the case be corrected to indicate the proper defendant. Copies of the legal authorities showing that The American Legion is not liable is a matter of law for the torts of the

Proceedings of Wednesday, October 17, 2007 27

Posts have been furnished to plaintiff’s attorney. We expect the name of the case to be corrected shortly which will end our involvement. If it is not corrected, we will intervene and file a motion to have the matter corrected with a motion for fees because plaintiff’s attorney will have caused us to incur them unnecessarily.

PHILADELPHIA COUNTY COURT OF COMMON PLEAS TRIAL DIVISION

JOYCE GRASSO ) 401 Montgomery Avenue ) Rockledge, PA 19046 ) ) vs. ) ) AUGUST TERM, 2007 LIBERTY POST 308, THE AMERICAN ) LEGION DEPARTMENT OF PENNSYLVANIA ) 2305 Computer Road ) NO: Willow Grove, PA 19090 ) ) and ) ) THE AMERICAN LEGION ) 1608 K Street, N. W. ) Washington, DC 20006 )

This is a slip and fall case on the premises of a Post in Rockledge, Pennsylvania, although the case has been brought in Philadelphia. The matter has been referred to the insurance company and we have been in contact with the insurance company lawyers to get a motion to dismiss filed because The American Legion is not liable for torts in a Post as a matter law. In addition, it is not clear that the plaintiff has sued the Department of Pennsylvania given the wording of the caption. Moreover, the plaintiff has sued in the wrong court.

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 991 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.

28 Proceedings of Wednesday, October 17, 2007

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 17 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 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 513 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 2006 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 2006 with the Internal Revenue Service in connection with The American Legion Employees’ Salary Savings 40l(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 functions as Secretary for Haynes & Partners Communications, Inc. and attended all but one of the board meetings of said corporation and caused the minutes of each meeting to be prepared and distributed. The National Judge Advocate also functions as counsel on matters involving to date, contracts, labor issues, real estate law, postal regulations, corporate organizations and insurance.

Proceedings of Wednesday, October 17, 2007 29

The National Judge Advocate also functions as counsel for and a director of The Citizens Flag Alliance, Inc. In that capacity, the National Judge Advocate reviews contracts such as the trust for the flag essay scholarship fund and attends board meetings. The Office of the National Judge Advocate files required charitable registrations and reports to allow The American Legion National Organization to solicit funds in the states with charitable solicitation registration laws. To date 29 registrations and reports have been filed. Others will be filed as due. Some counties even attempt to require registrations and reports.

Meetings Of The National Retirement Committee And Salary Savings Committee The National Judge Advocate, as 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 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.

Addendum to Report: National Judge Advocate P. B. Onderdonk, Jr., Maryland

In accordance with the Cannons of Ethics and Rules of Practice, the office of the National Judge Advocate does not report confidential personnel matters to the NEC nor does it report matters which may lead to litigation, because of the report. The National Executive Committee is essentially a public forum. The minutes of the National Executive Committee are filed with the United States Government and printed by the US Government printing office. We know they are reviewed. Hence, confidential personnel matters or matters that might lead to charges of defamation, or other lawsuits are not discussed in public. Such matters are reported in Executive Session to the National Finance Commission. Anything that involves money is reviewed by The American Legion auditors. In addition, the National Executive Committeemen need to be aware of the provisions of the Pension Protection Act of 2006. Some call it the “Pension Destruction Act” of 2006 for good reason. It addition to changes in pension law, that seem aimed at destroying Defined Benefit Plans (and thus cutting deductions and raising taxes) it contains a number of other topics. Most onerous to The American Legion is the requirement that all tax-exempt organizations file a postcard return electronically, if they do not file a Form 990. Failure to file the return or postcard for three years can lead to the Treasury Department’s revoking the employer identification number. This removes the Post or tax-exempt entity from the tax-exempt group. Hence, they would no longer be tax-exempt and all income, including dues would be taxable. This new rule applies without reference to a minimum amount. In other words, every Post is going to be required to file something.

30 Proceedings of Wednesday, October 17, 2007

In addition, the Internal Revenue Service is amending the 990 Form. The amendments we have seen so far indicate the form will be even more onerous to file and more confusing. One example is a requirement that all donors be listed every year. This means the IRS can then go audit the donor. This, of course, will reduce charitable giving and result in fewer deductions and thus more taxes for the Federal Government. This is the same result from the failure of a Post to file the electronic form or a 990 regardless of amount. In the past, The American Legion has always recommended that Posts file a 990 regardless of amount merely to build a file and show an attempt to comply with the law. This means, if they usually have income less than $25,000, they will not forget to file a return in the year that they go over $25,000. Now everyone has to file. Another matter is of serious concern. The Internal Revenue Service has been auditing Posts in the Midwest, specifically, Ohio, Kentucky, West Virginia and, I believe, Western Pennsylvania. The Internal Revenue Service checks the size of the SAL Squadron and the size of the Post. If the total number of members in the SAL Squadron is more than 25 percent of the total numbers of the members of the Post, the Internal Revenue Service attacks the Post’s tax-exempt status. The agents do not deduct the dual members from the SAL numbers. This has always been the way it has been done in the past and it is my position that it should be done this way. The dual members are also members of The American Legion. Hence, they should count on the Legion side, but not on the SAL side. I also firmly believe that they should be deducting from the SAL numbers those members of the SAL who are veterans, but not eligible for The American Legion because the provisions of 501(c)(19) speak of “veterans,” not of war time veterans or eligible veterans. Since at least two Posts have settled with the IRS for large amounts of money, it is quite possible the IRS believes the Posts are “soft” targets. Hence, we expect this situation to spread and become even more serious. If a Post wishes to challenge the IRS, it should contact the Department for its intervention and the Department should contact the National Organization for its intervention. This is how the big fight in Maryland developed and the intervention of Department and National Organization led to the conference in DC which resulted in the technical advice memos essentially supporting The American Legion position and leading to Posts paying less than two cents on the dollar when there was an error. I would request that the NECmen remind their Departments of both these issues.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN PROCTOR: I move the report be received and filed. …Seconded. NATIONAL COMMANDER CONATSER: The motion has been seconded. All those in favor by the normal sign of ‘Aye.’ Opposed by the same sign. Received and filed. The National Adjutant has a comment.

NATIONAL ADJUTANT SPANOGLE: Prior to the C&A Conference, we had a Adjutants Administration Seminar, held on Friday and Saturday morning. Of the two points in the Judge Advocate’s report about the tax filings by all posts, these were covered in detail, as was the issue on the SAL and the 75/25 rule. I am not a lawyer, but they were covered very carefully, because they do put some of posts in jeopardy. Now on the issues on the tax filing, we will get out notifications to the departments as quickly as we can so that they can go down through the normal chain of commands. So you can inform your posts that they must do the right thing, because it is the law of the land. The

Proceedings of Wednesday, October 17, 2007 31 other one on the SAL, if the Judge Advocate would permit me, if we are going to draw on the technical advice, we want to measure that in the aggregate, to the 2.6 million members of The American Legion, and about 325,000 members of the SAL. If we can get that kind of ruling, then that ruling would be for the entire organization and include all the posts. Now that seems to make common sense, but as the Judge Advocate says, we need the cooperation of the posts and departments for national in order to get the technical advice memorandum. Of course, I look not at the world on the dark side, I look at it with a little light. If we can get into that stuffy conference room, I think we can prevail. But we had two serious issues covered with the department adjutants, in detail. There were about 46 department adjutants. I want you to know that your administrative side has been fully informed on all of those. NATIONAL COMMANDER CONATSER: I now call on Kenneth D. Danilson, Chairman of the Finance Commission for his report.

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

I’m just going to touch upon some highlights in my report. Most of the other stuff will be reported in the resolutions following it. Also, I would like to ask the Commander that the one resolution on the Retirement Plan be separated out. After all the other resolutions are done, I’d like to give a separate report on that, to give more details on it, because it’s an important subject. The National Finance Commission met on October 15, 16, 2007 with all members present except for Gaither Keener, Jr. Reports were received from the National Adjutant, National Treasurer, National Judge Advocate and various committees and commissions. The 2007 Budget was reviewed and it was projected that there will be an operating deficit of $3,058,570 at the close of the books December 31, 2007. The Commission authorized The American Legion to enter into a five year contract with R.R. Donnelley & Sons to print The American Legion Magazine and an accompany resolution will be submitted for your approval. The Commission approved resolutions for necessary hardware, software and installation services to improve their reliability and to meet the present and foreseeable capacities that National Headquarter computer environment, and a new hardware and associated software upgrades and installation to the controller computer system for Emblem Sales and National Headquarters. The Commission authorized The American Legion to acquire the new hardware and associated software upgrades and installation services to replace the IBM series computer systems. The Commission authorized The American Legion to adopt a gift annuity program and enter into a contract with The American Legion Endowment Fund Corporation in Renaissance Administration and the American United Life Insurance Company, and that The American Legion Gift Annuity Program shall be initially offered in the states of Illinois, Indiana, Ohio, Pennsylvania and Virginia and there will be a resolution to that. The Commission authorized the National Treasurer to withdraw from the Paid-Up- For-Life Membership Trust in the amount of $607,317 which is the 1.5% principal as of June 30 for administration costs. The Commission approved a resolution and submits it for your consideration. This resolution authorized that Room 314A in the National Headquarters be designated to Herman G. Harrington Room and that $450 be spent to present a plaque and a shadow box to display as mementoes of Herman Harrington in Room 314A.

32 Proceedings of Wednesday, October 17, 2007

The Commission approved a recommendation of the dues allocations for 2008 to be as follows: $3.00 to The American Legion Magazine, $10.50 to the general fund. The Commission also approved a recommendation to increase call-in per diem for the Washington Conference from $125 to $150; for meetings held in Indianapolis from $85 to $100; for meetings at the National Convention from $105 to $120; and for the legislative meeting in September, $175 per day. The Commission approved the Washington, D.C., differential and technical increases. The Commission approved the Financial Accounting Standards Board Standard No.158 or known as FASB 158. The Commission approved a resolution and it is submitted for your consideration. The resolution can authorize The American Legion to enter into an agreement contract and memorandum of understanding with the National Veterans Legal Services to provide The American Legion court representation on cases of precedential nature, at least two national training sessions annually for the Department Service Officers at a cost not to exceed $455,000. Based on the membership of 2.6 million, the Commission approved submitting a budget for 2008 that reflects total revenues of $75,743,219 and expenditures of $71,140,434 for an operating surplus of $4,602,785. The Commission approved a resolution that authorizes The American Legion to adopt American Legion Riders as a national program. The Commission approved a resolution and it is submitted for your approval. This resolution authorizes the National Judge Advocate to draft an amendment to The American Legion Retirement Plan for Employees of the National Headquarters and Subordinate Groups Thereof, necessary to amend to include a split or freeze of the plan as directed by the National Finance Commission. This was the one I want to talk in more detail on and it will be talked about separately. This concludes my report.

Report: Finance Commission October 15-16, 2007 Kenneth D. Danilson, Iowa, Chairman

The National Finance Commission met on October 15-16, 2007, with all members present except Gaither Keener, Jr. Also present: Robert W. Spanogle, National Adjutant; George A. Buskirk, Jr., National Treasurer; Daniel S. Wheeler, Indianapolis Executive Director; John F. Sommer, Jr., Washington Office Executive Director; Ronald E. Brooks, Executive Director, Marketing Services Group; Paul M. Allen, Finance Director; Carl W. Swisher (Ohio), Chairman, NEC Liaison Committee; Rob R. Gordon, Jr. (Virginia), Member, NEC Liaison Committee. Reports were received from the National Adjutant; National Treasurer; National Judge Advocate; Emblem Sales Committee; American Legion Insurance Committee; Internal Affairs Commission; Membership and Post Activities Committee; National Emergency Fund; The Citizens Flag Alliance, Inc.; IT Division; S. A. Van Dyk Insurance Company; American United Life Insurance Company and the Executive Directors of the Indianapolis and Washington Offices and the Marketing Services Group. The Commission approved the charge off of 13 uncollectible accounts amounting to $25,490.90 and obsolete inventory amounting to $1,520.54 The 2007 Budget was reviewed and it is projected that there will be an operating deficit of $3,058,570 deficit at close of books, December 31, 2007.

Proceedings of Wednesday, October 17, 2007 33

The Commission approved the renewal coverage with Great-West Life and Annuity Insurance Company for 2008, and Jimmy A. Luther as Agent of Record for the health and life coverage for employees of The American Legion. The Commission also approved the recommendation that The American Legion offer one Group Health and Hospitalization Plan in 2008 for employees of The American Legion. That plan will be the Consumer Advantage Plan offered by Great West Life and Annuity Insurance Company. The Commission approved a resolution and it is submitted for your approval. This resolution authorizes The American Legion to purchase at a cost not to exceed $30,210 and install at a cost not to exceed $21,625 a Liebert Challenger 3000 environmental conditioning unit to cool the computer room at 700 N. Pennsylvania St. The Commission authorized The American Legion to enter into a five-year contract with R. R. Donnelley & Sons to print The American Legion Magazine. An accompanying resolution is submitted for your approval. The Commission authorized emergency purchases made since May 7-8, 2007 as follows: Xerox 7760GX printer at a cost of $10,821.96; Tape Backup System for the video production workstation at a cost of $1,997.56; and Xerox WC4150 digital copier at a cost of $3,862. The 2008 Furniture and Fixtures Requests for the Indianapolis Offices and the Washington, D. C. Office in the amount of $21,910 were approved by the Commission. The Commission authorized the National Judge Advocate to draft any and all technical amendments to The American Legion Retirement Plan for Employees of the National Headquarters and Subordinate Groups Thereof to comply with the Internal Revenue Service rules and regulations and the United States statutes. An accompanying resolution is submitted for your approval. The Commission approved a resolution and it is submitted for your approval. This resolution authorizes The American Legion to acquire at a purchase price not to exceed $191,656 the necessary hardware, software and installation services to improve the reliability of and to meet the present and foreseeable capacity needs of the National Headquarters computer environment. The Commission authorized The American Legion to acquire at a cost not to exceed $155,000 the new hardware, associated software upgrades and installation services to replace the Controller+ computer system used by Emblem Sales Division at National Headquarters. An accompanying resolution is submitted for your approval. The Commission authorized The American Legion to acquire at a purchase price not to exceed $625,000 the new hardware, associated software upgrades and installation services to replace the IBM “Series I” computer systems which houses the following applications: 1) The American Legion-family membership system; 2) Group 1 postal and list management software; 3) The National Headquarters financial/accounting software; 4) The American Legion Post Officer Portal (ALPOP) and several other Internet-based applications; and 5) A secure testing and development environment for The American Legion application development team. An accompanying resolution is submitted for your approval. The Commission approved a resolution and it is submitted for your approval. This resolution authorizes The American Legion to solicit Request for Proposals for possible alternatives that could improve the performance and results of The American Legion Insurance Program and that a consultant be retained at a cost not to exceed $5,000 to study the submitted RFP’s. The Commission approved a resolution and it is submitted for your approval. This resolution authorizes the National Americanism Commission to solicit bids to host the

34 Proceedings of Wednesday, October 17, 2007

2010 American Legion Baseball World Series and that selection of a tournament site be made at the 2008 Spring Meetings of the National Americanism Commission and the National Executive Committee. The Commission authorized The American Legion to provide funding to coaches and team officials for authorized incidental expenses associated with organizing, coaching and accompanying a team in the Tournament of Stars with the amount of such funding determined annually in an amount considered prudent and specifically enumerated in each year’s annual budget request. An accompanying resolution is submitted for your approval. The Commission authorized The American Legion to accept an annual gift of up to $50,000 from Major League Baseball to offset expenses incurred operating The American Legion Baseball Program. An accompanying resolution is submitted for your approval. The Commission approved a resolution and it is submitted for your approval. This resolution authorizes The American Legion to accept a gift in the amount of $4,000 from Mr. Alex Grim to pay expenses to College Sports TV for Internet services provided during the 2007 American Legion Baseball national tournaments and that any monies remaining be deposited in The American Legion Baseball Scholarship Fund. The Commission authorized The American Legion to adopt a Gift Annuity Program and enter into a contract with American Legion Endowment Fund Corporation and Renaissance Administration and the American United Life Insurance Company and that The American Legion Gift Annuity Program shall initially be offered in the states of Illinois, Indiana, Ohio, Pennsylvania, and Virginia. An accompanying resolution is submitted for your approval. The Commission approved a one (1) percent cost-of-living increase for the employees of The American Legion, effective January 1, 2008. The Commission authorized the National Treasurer to withdraw from the Paid-Up- For-Life Membership Trust the amount of $607,317 which is the 1.5% of the principal as of June 30, 2006, for administrative costs. An accompanying resolution is submitted for your approval. The Commission approved a resolution and it is submitted for your consideration. This resolution authorizes that Room 314A in the National Headquarters, 700 N. Pennsylvania St., Indianapolis, Indiana, be designated the Herman G. Harrington Room and that up to $450.00 be spent to purchase a plaque and a shadow box to display mementos of Herman G. Harrington in Room 314A. The Commission approved a recommendation that Crowe Chizek, Certified Public Accountants, be employed to do the audit for The American Legion’s fiscal year for 2007. The Commission approved a recommendation that the dues allocation for 2008 be as follows: $3.00 to The American Legion Magazine; $10.50 to the General Fund. The Commission approved a recommendation to increase staff per diem $10 per day, effective January 1, 2008. Mileage allowance would equal current IRS rate of 48.5 cents per mile. The Commission also approved a recommendation to increase call-in per diem for the Washington Conference from $125 to $150; for meetings held in Indianapolis from $85 to $100; for meetings at the National Convention from $105 to $120; and for the Legislative Meetings in September $175 per day. The Commission approved the Washington, D. C. differential and technical increases.

Proceedings of Wednesday, October 17, 2007 35

The Commission approved the Financial Accounting Standards Board Standard No. 158 (FASB 158). The Commission approved a resolution and it is submitted for your consideration. This resolution authorizes The American Legion to enter into an agreement, contract, or memorandum of understanding with the National Veterans Legal Services Program to provide the American Legion court representation on cases of precedential nature, at least two (2) national training sessions annually for Department Service Officers at a cost not to exceed $455,000. Based on a membership of 2,600,000, the Commission is submitting a budget for 2008 that reflects total revenues of $75,743,219 and expenditures of $71,140,434 for an operating surplus of $4,602,785. The Commission approved a resolution and it is submitted for your approval. This resolution authorizes The American Legion to adopt American Legion Riders (ALR) as a national program. The Commission approved a resolution and it is submitted for your approval. This resolution authorizes the National Judge Advocate to draft an amendment to The American Legion Retirement Plan for Employees of the National Headquarters and Subordinate Groups thereof, necessary to amend to include a split or freeze of the Plan as directed by the National Finance Commission. This amendment would be presented to the National Executive Committee by resolution at the May 2008 meeting for final consideration. Twenty-two (22) Resolutions were recommended for approval and adoption by the National Executive Committee:

Resolution No. 7: Restatement of American Legion Retirement Plan for Employees of the National Headquarters and Subordinate Groups Thereof Resolution No. 8: Contract for Printing of The American Legion Magazine Resolution No. 9: Liebert Environmental System Resolution No. 10: Authorizing Withdrawal from Paid-Up-For-Life Membership Trust for Administrative Expenses Resolution No. 11: Herman G. Harrington Memorial Room Resolution No. 12: Uniformed Groups Participation at the National Convention Of The American Legion ($38,000) Resolution No. 13: Use of The American Legion Life Insurance Fund Account for Scholarship Awards to The American Legion Eagle Scout of The Year Program in 2008 ($17,500) Resolution No. 14: Use of The American Legion Life Insurance Fund Account in The American Legion High School Oratorical Scholarship Program—“A Constitutional Speech Contest” in 2008 ($299,853) Resolution No. 15: Review of Administration and Promotion of The American Legion Insurance Program Resolution No. 16: Use of The American Legion Life Insurance Fund Account For Assistance in the Furtherance of The American Legion Boys Nation Program—2008 ($173,985) Resolution No. 17: Use of The American Legion Life Insurance Fund Account for Assistance in the Furtherance of The American Legion Baseball Program—2008 ($570,663) Resolution No. 18: 2008 Upgrade of Computer Systems Resolution No. 19: 2008 Conversion of Emblem Sales Computer Systems Resolution No. 20: 2008 Enhancements to NHQ Computer Environment

36 Proceedings of Wednesday, October 17, 2007

Resolution No. 21: Contribution from Major League Baseball Resolution No. 22: Tournament of Stars Expenses Resolution No. 23: Accept Bids for 2010 American Legion Baseball World Series Resolution No. 24: Donation to American Legion Baseball Resolution No. 25: Charitable Gift Annuity Resolution No. 26: Agreement with the National Veterans Legal Services Program (NVLSP)—2008 Resolution No. 27: American Legion Retirement Plan for Employees of the National Headquarters and Subordinate Groups Thereof—Freeze, Split, or Amend Resolution No. 35: American Legion Riders As A National Program

Report: Insurance Committee August 25, 2007 Kenneth F. Governor, New York, Vice Chairman (Submitted through the National Finance Commission)

The Insurance Committee met at the Grand Sierra Resort in the McKinley Room in Reno, NV on August 25, 2007. The Committee heard reports from Marsh Affinity Group Services and the Staff Liaison.

Premium/ Income/ Claims Annualized premium for the ReliaStar and Globe Life plans is reported at $4,657,738. The decline was due to claims and lapses from the plan. The combined claims paid for 2007, as of June 30, total $1,345,679, which is a slight decrease compared with 2006. The total royalties received from ReliaStar and Globe Life to date is $237,785. The total number of insureds is 12,200.

Union Fidelity Union Fidelity (UFI) reports collected premiums of $12,096,970 to date. The 2007 royalty received thus far is $483,781. Claims paid for 2007 currently total $3,457,794, which is a decrease of about 65% over this same period in 2006. We will continue to monitor claims closely. The total number of policies for Union Fidelity Insurance plans is 77,552.

Administrative and Marketing Marsh has notified the Legion that they are unable to move the GE block of business. All attempts to do so have been unsuccessful and they see no evidence that additional efforts would change the outcome. A suggestion was made to let another broker try to move the GE block only. After gaining unanimous support from the Committee, we entered into a non-binding broker of record letter with Mark Blocker, Vice President of Gallagher Benefit Services, Inc., to pursue discussions with GE. We continue to monitor the progress of our current broker. Although a couple of areas are showing improvement, healthcare and Senior Whole Life, revenue continues to decline. We have prepared a resolution for your action that will authorize requesting RFP’s for the term life block. It includes an amount not to exceed $5,000 for professional assistance with the RFP process. In May, a 19% across the board rate increase was approved for all insureds enrolled prior to January 2004. A 10.5 % increase will be incurred by those insured members. The

Proceedings of Wednesday, October 17, 2007 37 remaining 8.5% will be accomplished by reducing royalty and commission rates for both Marsh and the Legion by 3%. The balance of the increase will be achieved by ING reducing marketing fees by $200,000. This rate increase was implemented effective July 1, 2007. Thus far, the rate action has gone forward uneventful with few complaints. The Senior Whole Life plan from United of Omaha has produced successful results in the two test mailings to date. The plan has competitive rates, is guaranteed issue and offers up to 4 times the face amount ($20,000) that was available through Birthday Life (BDL). The plan has exceeded projections and has added 668 new coverages and $582,816 in new premiums. A 600,000-piece mailing is scheduled for this fall. The term life product is a simplified issue plan for ages 50-74 and offers up to $50,000 of coverage. We continue to receive revenue from Birthday Life and those who are insured still receive excellent service.

National Healthcare The National Healthcare program continues to improve with good results from the Short Term Recovery (STR) plan and the Dental plan. The STR plan has been approved by the Florida Insurance Department. This will expand the market and should improve results. Hartford is continuing work to create a New York STR plan. Additional healthcare mailings are planned for this fall.

Resolutions The Committee heard presentations from Jeffrey Olson, National Convention Chairman accompanied by Richard Holmes, Convention Director and Joe Caouette, National Americanism Chairman, accompanied by Marty Justis, Americanism/Children & Youth Director, requesting Life Insurance Funds. The following resolutions were unanimously approved by the Committee:

Program Amount Baseball $ 570,662 Boys Nation $ 173,985 Boy Scout of the Year $ 17,500 National High School Oratorical $ 299,853 Jr. Uniformed Groups $ 38,000 Total amount of requested funds: $1,100,000

We appreciate the continued support of the National Finance Commission.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN JERRY L. HEDRICK: Mr. Commander, I move the report be approved. …Seconded. NATIONAL COMMANDER CONATSER: The motion is seconded. Any discussion? Hearing none. All those by the normal sign of ‘Aye.’ All those opposed by the same sign. Approved.

Resolution No. 7: Restatement of American Legion Retirement Plan for Employees of the National Headquarters and Subordinate Groups Thereof Origin: Finance Commission Submitted by: Finance Commission

38 Proceedings of Wednesday, October 17, 2007

WHEREAS, The American Legion Retirement Plan for Employees of the National Headquarters and Subordinate Groups thereof (hereinafter “Plan”) was approved and adopted by the National Executive Committee in November, 1944, and amended in June, 1946, May, 1954, October, 1954, October, 1975, May, 1983, May, 1985, October, 1986, October, 1987, October, 1993, October, 1994, October, 1995, May, 2000 and May 2003; and WHEREAS, The National Judge Advocate has informed the National Finance Commission that the Plan must be restated to comply with Revenue Proclamation 2007- 44 no later than January 1, 2008; and WHEREAS, The National Finance Commission has reviewed this resolution and recommends it to the National Executive Committee for approval; 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, 2007, That any and all amendments to The American Legion Retirement Plan for Employees of the National Headquarters and Subordinate Groups Thereof (hereinafter the “Plan”) necessary to amend the Plan to conform with the provisions requiring restatement of the Plan by January 31, 2008 of the Revenue Proclamation 2007-44 authorized; and, be it further RESOLVED, That the National Judge Advocate is hereby authorized to draft any and all technical amendments necessary to comply with the Internal Revenue Service rules and regulations and the United States statutes and provide corrective language without otherwise changing the substance of the Plan and thereafter is authorized to submit the Plan as amended to the appropriate government agency or agencies for approval of the Plan as amended; and, be it finally RESOLVED, That the National Commander be and he is hereby authorized and directed to execute any and all documents presented to him by the National Judge Advocate in connection with the revision of the Plan in accordance with this Resolution and the National Adjutant be and he is hereby authorized and directed to attest the same.

RESOLUTIONS SUBCOMMITTEE MEMBER WARNKEN: This has approval by of your National Finance Commission; your Subcommittee on Resolutions, therefore I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: Motion is seconded. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Those opposed, same sign. Approved.

Resolution No. 8: Contract for Printing of The American Legion Magazine Origin: The American Legion Magazine Commission Submitted by: Finance Commission Whereas, The American Legion currently has a contract with R. R. Donnelley & Sons to print The American Legion Magazine, and said contract expires December 31, 2008; and Whereas, Donnelley desires to negotiate a new five-year contract which would commence on January 1, 2008; and Whereas, Donnelley is offering price concessions that amount to about $200,000 per annum for the duration of the contract; and

Proceedings of Wednesday, October 17, 2007 39

Whereas, The staff of The American Legion Magazine has checked the current pricing of other major printers and finds Donnelley’s contract offer to be very competitive with any pricing that might be offered by other printers; and Whereas, The American Legion Magazine Commission, meeting in Reno, Nevada, for the 89th National Convention, does concur that a five-year contract be negotiated with Donnelley for the printing of The American Legion Magazine; and Whereas, The National Finance Commission concurs with The American Legion Magazine Commission’s recommendation; now, therefore, be it RESOLVED, By the National Executive Committee in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2007, That the National Commander is directed to have a five-year contract for the printing of The American Legion Magazine with R. R. Donnelley & Sons negotiated and prepared, which contract shall commence on January 1, 2008, and shall terminate on December 31, 2012; and, be it finally RESOLVED, That the National Commander, after review and approval by the National Judge Advocate for legal sufficiency, be and is hereby authorized and directed to execute said contract, and the National Adjutant be and is hereby authorized and directed to attest same.

RESOLUTIONS SUBCOMMITTEE MEMBER WARNKEN: This has approval by of your National Finance Commission; your Subcommittee on Resolutions, therefore I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: The motion is seconded. Any discussion? Hearing none. All those by the normal sign of ‘Aye.’ Those opposed by the same sign. Approved.

Resolution No. 9: Liebert Environmental System Origin: Finance Commission Submitted by: Finance Commission WHEREAS, The current Liebert System3 environmental system was purchased in 1976 and utilized to cool the computer room at National Headquarters’ building at 700 North Pennsylvania Street; and WHEREAS, The unit has failed several times during the past five years placing the main computers in jeopardy with no operative back-up; and WHEREAS, Failure of the computer system as the result of lack of cooling would pose a risk of loss of equipment, investment, and information; and WHEREAS, Size and placement of the existing system does not adequately cool the area with varying computer configurations and placement; and WHEREAS, Two smaller Liebert Challenger 3000, 5-ton environmental cooling units would supply effective coverage to all areas of the computer room at 700 North Pennsylvania Street with current technological enhancements; and WHEREAS, The current System3 would be maintained as a redundant back-up to the Liebert 3000; and WHEREAS, Bids were received from two (2) companies for the installation of the equipment which is supplied from one manufacturer and the National Finance Commission recommends the National Executive Committee authorize the purchase of two (2) -BF067A-DAEI Liebert Challenger 3000 air conditioner units, one (1) DCSF- 165Y condenser unit, and removal of a non-operational including installation environmental system at a price of $52,125.00; and

40 Proceedings of Wednesday, October 17, 2007

WHEREAS, The National Finance Commission recommends that the current Maintenance Agreement with Honeywell Corporation be continued to include the maintenance on the new equipment for categories not covered under new equipment warranty including preventive maintenance at an incremental cost of $1,650.00; 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, 2007, That The American Legion be authorized to purchase at a cost not to exceed $30,210.00 the Liebert Challenger 3000 environmental conditioning unit including two (2) BF067A-SAEI indoor air conditioning units, and one (1) DCSF-165Y condenser unit; and, be it further RESOLVED, That The American Legion purchase at a cost not to exceed $21,625.00 the installation of the Liebert Challenger 3000 system and the removal of the inactive environmental system; and, be it further RESOLVED, That The American Legion enter into a contract for annual maintenance of said equipment which includes coverage on the new equipment at an incremental annual cost of $1,650.00 above the current maintenance agreement and that the agreement will be reviewed after the first year for content and cost; 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 the aforementioned purchase and maintenance contracts; and the National Adjutant is hereby authorized to attest the same.

RESOLUTIONS SUBCOMMITTEE MEMBER WARNKEN: This has approval by of your National Finance Commission; your Subcommittee on Resolutions, therefore I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: The motion is seconded. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Those opposed, same sign. Approved.

Resolution No. 10: 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. 10 entitled, “National Paid-Up-For- Life Membership Plan established,” adopted by the National Executive Committee, October 9-10, 1974, 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 June 30, 2007, the principal of the Trust was $40,487,823 and 1.5 % of principal is $607,317; however the actual administrative costs for the PUFL 2007 Budget was $352,140.00; 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, 2007, That the National Treasurer is authorized to withdraw from the Paid-Up-For-Life

Proceedings of Wednesday, October 17, 2007 41

Membership Trust the amount of $607,317, which is the 1.5% of the principal as of June 30, 2007, 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 further RESOLVED, That any sums remaining unspent for administrative costs from the withdrawal herein authorized shall revert back to the Paid–Up-For-Life Trust.

RESOLUTIONS SUBCOMMITTEE MEMBER WARNKEN: This has approval of your Internal Affairs Commission, your National Finance Commission, your Subcommittee on Resolutions, therefore I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: Motion is seconded. Any questions? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, same signs. Approved.

Resolution No. 11: Herman G. Harrington Memorial Room Origin: Internal Affairs Commission Submitted by: Finance Commission WHEREAS, Herman G. Harrington was a 62-year member of The American Legion from the Department of New York who joined The American Legion after his return from World War II; and WHEREAS, He held leadership roles at all levels of The American Legion to include New York Department Commander from 1972 to 1973 and as the Department’s Alternate National Executive Committeeman from 1973 to 1974; and WHEREAS, He also served on the National Internal Affairs Commission for 32 years and 22 years as the Chairman; and WHEREAS, Herman G. Harrington goes on record as the longest serving chairman of this commission and at the 2006 National Executive Committee Fall Meeting, he was appointed Chairman Emeritus of Internal Affairs by Resolution 50; and WHEREAS, For over the last fifteen years, the Internal Affairs Commission has met in Room 314A of the National Headquarters at 700 N. Pennsylvania St. Indianapolis, Indiana; and WHEREAS, He passed away on May 23, 2007 at the age of 83 but he left a long line of current leaders in The American Legion who benefited from his leadership and mentorship because of his ability to gain everyone’s respect he came in contact with and they would listen as he taught them how to be Legionnaires; and, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2007, That the meeting room 314A in the National Headquarters of The American Legion, 700 N. Pennsylvania St., Indianapolis, Indiana, in which Herman G. Harrington held Internal Affairs Commission meetings for over 20 years during his 22 years as Chairman of the Internal Affairs Commission be designated the Herman G. Harrington Room; and, be it finally RESOLVED, That authorization be given to spend up to $450.00 to purchase a plaque and a shadow box to display mementos of Herman G. Harrington, which will remain in Room 314A in his memory for his long and dedicated service to The American Legion.

42 Proceedings of Wednesday, October 17, 2007

RESOLUTIONS SUBCOMMITTEE MEMBER WARNKEN: This has approval of your Internal Affairs Commission, your National Finance Commission, your Subcommittee on Resolutions, therefore I move for its adoption. …Seconded NATIONAL COMMANDER CONATSER: The motion is seconded. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, same sign. Approved.

Resolution No. 12: Uniformed Groups Participation At The National Convention of The American Legion Origin: Convention Commission Submitted by: Finance Commission WHEREAS, The major objectives of The American Legion Uniformed Groups are: to inculcate in our American youth a better understanding of the American way of life and 100 percent Americanism; to instill in youth a sincere desire to develop within themselves a feeling of citizenship, sportsmanship, loyalty, responsibility and team spirit; to aid in the improvement and development of maturity of our country’s young people; and to build for our nation’s future through our youth; and WHEREAS, It is the desire of The American Legion Insurance Committee and The National Finance Commission to improve and increase participation in the Uniformed Groups Program; and WHEREAS, By action of the National Executive Committee of The American Legion in a regular meeting assembled in Indianapolis, Indiana on October 13-14, 1999, The American Legion authorized the expenditure of $30,000.00 annually, and increased the funding request in 2006 to $38,000.00, for the purpose of supporting, promoting, improving and increasing participation in the Uniformed Groups Program of the National Convention 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, 2007, That The American Legion does hereby authorize the expenditure of $38,000.00 in 2008 for participation of Uniformed Groups at the National Convention; and, be it finally RESOLVED, That the funding shall be secured from those funds representing the excess over the basic minimum reserve fund accumulated and retained in The American Legion Insurance Fund account.

RESOLUTIONS SUBCOMMITTEE MEMBER WARNKEN: This has the approval of your Convention Commission, your Insurance Committee, your Finance Commission, your Subcommittee on Resolutions, therefore I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and a seconded. Any discussion? Hearing none. All those by the normal sign of ‘Aye.’ Opposed, same sign. Approved.

Resolution No. 13: Use Of The American Legion Life Insurance Fund Account For Scholarship Awards To The American Legion Eagle Scout Of The Year Program In 2008 Origin: Americanism Commission Submitted by: Finance Commission WHEREAS, Resolution No. 24, NEC, October 13-14, 1982, authorized an annual scholarship of $2,500 to be awarded to The American Legion Scout of the Year; and

Proceedings of Wednesday, October 17, 2007 43

WHEREAS, Resolution No. 16, NEC, October 12-13, 1983, authorized The American Legion Scout of the Year Award to be increased to a $2,000 per year scholarship for a period up to four years, not to exceed a total of $8,000; and WHEREAS, Resolution No. 13, NEC, October 18-19, 1989, authorized The American Legion Eagle Scout of the Year Award to be extended to three runners-up annually, with a scholarship award of $2,000 for each runner-up; and WHEREAS, Resolution No. 8, NEC, October 18-19, 2000, authorized The American Legion Eagle Scout of The Year Award to be increased to a $2,500 per year scholarship for a period of up to four years, not to exceed a total of $10,000, and also authorized The American Legion Eagle Scout of The Year Award extended to three runners-up annually to be increased to a $2,500 scholarship for each runner-up; and WHEREAS, It is the desire of the National Americanism Commission, The American Legion Insurance Committee and the National Finance Commission to continue these awards by providing monies for the 2008 American Legion Eagle Scout of the Year Scholarship, totaling $17,500; and WHEREAS, In order to maintain this scholarship program, The American Legion Insurance Committee and the National Finance Commission recommend that this program be financed out of those funds representing an excess over the basic minimum reserve fund accumulated and retained by The American Legion Life Insurance Fund; and WHEREAS, It is the considered opinion of The American Legion Insurance Committee and the National Finance Commission that the sum of $17,500 would suffice for the purpose noted in the Whereas Clause next preceding; 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, 2007, That The American Legion Eagle Scout of the Year Award for 2008 consist of a $2,500 per year scholarship for a period of up to four years, not to exceed a total of $10,000; and, be it further RESOLVED, That The American Legion Eagle Scout of the Year Award extended to three runners-up for 2008 consist of a $2,500 scholarship for each runner-up; and, be it finally RESOLVED, That The American Legion does hereby authorize funds from The American Legion Life Insurance Fund account to provide the sum of $17,500 for the purpose of supporting, promoting, improving and increasing participation in The 2008 American Legion Eagle Scout of the Year Program, the funding of which amount shall be secured from those funds representing the excess over the basic minimum reserve fund accumulated and retained in The American Legion Life Insurance Fund account.

RESOLUTIONS SUBCOMMITTEE MEMBER WARNKEN: This has the approval of your Convention Commission, your Insurance Committee, your Finance Commission, your Subcommittee on Resolutions, therefore I move for its adoption. …Seconded. NATIONAL COMMANDER CONATERS: I have a motion and a second. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, same sign. Approved.

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Resolution No. 14: Use Of The American Legion Life Insurance Fund Account In The American Legion High School Oratorical Scholarship Program—“A Constitutional Speech Contest” In 2008 Origin: Americanism Commission Submitted by: Finance Commission WHEREAS, The Americanism Commission desires to improve the quality and promote increased participation by American Legion Departments in The American Legion High School Oratorical Scholarship Program—“A Constitutional Speech Contest” by providing greater incentives for the local Post and Districts to increase their participation; and WHEREAS, Administrative expenses including, but not limited to, transportation, housing and per diem for the Department Chairmen at the Oratorical Conference requires the sum of $32,900 for the year 2008; and WHEREAS, National Scholarship awards totaling $138,000, (to include $81,000 at the First Round of competition; $9,000 at the Second Round of competition and $48,000 at the National Finals), and expected costs of The American Legion High School Oratorical Scholarship Program—“A Constitutional Speech Contest” for food, housing and transportation requires the sum of $120,018 combined with the administrative expenses of $8,935 and Department Chairman’s Conference expenses of $32,900 requires a total sum of $299,853 to support The American Legion High School Oratorical Scholarship Program—“A Constitutional Speech Contest” for 2008; and WHEREAS, It is the desire of The Americanism Commission, The American Legion Insurance Committee and the National Finance Commission to improve the quality and increase participation by Posts, Districts and Departments in The American Legion High School Oratorical Scholarship Program—“A Constitutional Speech Contest”; and WHEREAS, In order to achieve the desired quality and increase participation in The American Legion High School Oratorical Scholarship Program—“A Constitutional Speech Contest”, The American Legion Insurance Committee and the National Finance Commission recommend that this program be financed out of those funds representing an excess over the basic minimum reserve fund accumulated and retained by The American Legion Life Insurance Fund; and WHEREAS, It is the considered opinion of The American Legion Insurance Committee and the National Finance Commission that the sum of $299,853 would suffice for the purpose noted in the Whereas Clause next preceding; 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, 2007, That The American Legion does hereby authorize funds from The American Legion Life Insurance Fund account to provide the sum of $299,853 for the purpose of supporting, promoting, improving and increasing participation in The 2008 American Legion High School Oratorical Scholarship Program—“A Constitutional Speech Contest”, the funding of which amount shall be secured from those funds representing an excess over the basic minimum reserve fund accumulated and retained in The American Legion Life Insurance Fund account.

RESOLUTIONS SUBCOMMITTEE MEMBER WARNKEN: This has approval of you Americanism Commission, your American Legion Insurance Committee, your Finance Commission, your Subcommittee on Resolutions, therefore I move for its adoption. …Seconded.

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NATIONAL COMMANDER CONATSER: I have a motion and a second. Any discussion? Hearing none. All of those in favor by the normal sign of ‘Aye.’ Opposed, same sign. The ‘Ayes’ have it.

Resolution No. 15: Review of Administration and Promotion of The American Legion Insurance Program Origin: Finance Commission Submitted by: Finance Commission WHEREAS, The American Legion Life Insurance Program was approved in a special meeting of the National Executive Committee on February 22, 1958, in Washington D.C.; and WHEREAS, It is necessary, from time to time, to review the administration and promotion activities of the broker, to ensure the most up to date practices and methods are incorporated, by contacting other firms that may be qualified to conduct the administration and promotion of The American Legion Insurance Program; and WHEREAS, The American Legion Insurance Committee feels that it is necessary to review Request for Proposals (RFP) for possible alternatives that could improve the performance and results of The American Legion Insurance Program, from not only Marsh Affinity Group Services, our current broker, but additional firms that can provide administration and promotion for the insurance program; and WHEREAS, The American Legion Insurance Committee recommends that a Request for Proposals be sent to investigate the market, and that the proposals be reviewed by staff and a professional consultant at a cost, not to exceed $5,000, for the purpose of recommending modifications to the current arrangement or a contract with the broker selected; and WHEREAS, The National Finance Commission has reviewed the recommendation, and recommends approval by the National Executive Committee; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in a regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2007, That it does hereby authorize and direct, the solicitation of proposals from qualified brokers to determine the sufficiency of the current administration and promotion arrangement; and, be it further RESOLVED, That the staff, along with a consultant, to be retained at a cost not to exceed $5,000, study the submitted proposals to determine the sufficiency of the current administration and promotion arrangement and decide whether modification or replacement is necessary, to ensure that the Insurance Program is operating with the most current methods, technologies and practices; and, be it finally RESOLVED, That after review of the submitted proposals by the staff and consultant to determine the sufficiency of the current administration and promotion arrangement, that their recommendation be reported through the National Finance Commission to the National Executive Committee, at a future meeting, for authorization to proceed with the transition and implementation, of any modification or replacement that may be recommended.

RESOLUTIONS SUBCOMMITTEE MEMBER WARNKEN: This has the approval of your Insurance Committee, Finance Commission, your Subcommittee on Resolutions, therefore I move for its adoption. …Seconded.

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NATIONAL COMMANDER CONATSER: I have a motion and a second on the floor. Any discussion? Hearing none. All in favor by the normal sign of ‘Aye.’ Opposed, same sign. Approved.

Resolution No. 16: Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion Boys Nation Program—2008 Origin: Americanism Commission Submitted by: Finance Commission WHEREAS, The major objectives of The American Legion Boys Nation Program are to inculcate in our American youth a better understanding of the American way of life and 100 percent Americanism; to instill in all boys a sincere desire to develop within themselves a feeling of citizenship, loyalty and responsibility; to aid the development and improvement of our democratic way of life for our country’s young men; and to build for our Nation’s future through our youth; and WHEREAS, Promoting and conducting American Legion Boys Nation requires expenditures to maintain the high quality of the program offered to the youth who represent each Department of The American Legion; and WHEREAS, It is the desire of The Americanism Commission, The American Legion Insurance Committee and the National Finance Commission to continue this high quality Americanism program for which the sum of $173,985 is required for 2008; and WHEREAS, In order to achieve the desired quality in the Boys Nation program, The American Legion Insurance Committee and the National Finance Commission recommend that the 2008 program be financed out of those funds representing an excess over the basic minimum reserve fund accumulated and retained in The American Legion Life Insurance Fund; and WHEREAS, It is the considered opinion of The American Legion Insurance Committee and the National Finance Commission that the sum of $173,985 would suffice for the purpose noted in the Whereas Clause next preceding; 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, 2007, That The American Legion does hereby authorize funds from The American Legion Life Insurance Fund account to provide the sum of $173,985 for the purpose of supporting, promoting, improving and increasing participation in The 2008 American Legion Boys Nation program, the funding of which amount shall be secured from those funds representing the excess over the basic minimum reserve fund accumulated and retained in The American Legion Life Insurance Fund account.

RESOLUTIONS SUBCOMMITTEE MEMBER WARNKEN: This has the approval from your Americanism Commission, American Legion Insurance Committee, your Finance Commission, your Subcommittee on Resolutions, therefore I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and a second. Any discussion? Hearing none. All in favor by the normal sign of ‘Aye.’ Opposed by the same sign. Approved.

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Resolution No. 17: Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion Baseball Program— 2008 Origin: Americanism Commission Submitted by: Finance Commission WHEREAS, The major objectives of The American Legion Baseball program are to inculcate in American youth a better understanding of the American Way of life and 100 percent Americanism; to instill in all boys a sincere desire to develop within themselves a feeling of citizenship, sportsmanship, loyalty and team spirit; to aid the development and improvement in the physical fitness of our country's young men; and to build for our Nation's future through our youth; and WHEREAS, The effort to sustain this high visibility program requires continued promotion to substantially increase the number of youth who would participate within each Department of The American Legion; and WHEREAS, It is the desire of The Americanism Commission, The American Legion Insurance Committee and the National Finance Commission to improve and increase participation in The American Legion Baseball program, for which the sum of $570,662 is required for 2008; and WHEREAS, In order to achieve the desired improvement and increased participation in The American Legion Baseball Program, The American Legion Insurance Committee and the National Finance Commission recommend that a portion of the expenditures for the 2008 program be financed out of those funds representing an excess over the basic minimum reserve fund accumulated and retained in The American Legion Life Insurance Fund; and WHEREAS, It is the considered opinion of The American Legion Insurance Committee and the National Finance Commission that the sum of $570,662 would suffice for the purpose noted in the Whereas Clause next preceding; 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, 2007, That The American Legion does hereby authorize funds from The American Legion Life Insurance Fund account to provide the sum of $570,662 for the purpose of supporting, promoting, improving and increasing participation in The 2008 American Legion Baseball Program, the funding of which amount shall be secured from those funds representing the excess over the basic minimum reserve fund accumulated and retained in The American Legion Life Insurance Fund account.

RESOLUTIONS SUBCOMMITTEE MEMBER WARNKEN: This has the approval of your Americanism Commission, your American Legion Insurance Committee, your Finance Commission, your Subcommittee on Resolutions, therefore I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and a second on the floor. Any discussion? Hearing none. Those by the normal sign of ‘Aye.’ Opposed, same sign. Approved.

Resolution No. 18: 2008 Upgrade of Computer Systems Origin: Finance Commission Submitted by: Finance Commission WHEREAS, The American Legion National Headquarters houses the following applications on the IBM “Series i” (formerly called “AS/400’s”) computer systems:

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• The American Legion-family membership system, hosting data which is especially critical to the operations of the Emblem Sales and Magazine divisions; • Group1 postal and list management software, saving the National Organization tens of thousands of dollars in postage each year; • The National Headquarters financial/accounting software; • The American Legion Post Officer Portal (ALPOP) and several other Internet-based applications; and • A secure testing and development environment for our application development team; and WHEREAS, The last upgrade to these systems occurred in February 2000, providing an eight-year life for an investment that industry standards would consider five years to be the norm; and WHEREAS, IBM has announced that in 2008, support will cease for any Operating Systems that are capable of running on older equipment; and WHEREAS, The risks of running an unsupported Operating System are too great to accept; and WHEREAS, The only way to get to an actively supported Operating System is to upgrade hardware to new Series i systems; and WHEREAS, The National Finance Commission has reviewed 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, 2007, That The American Legion National Headquarters acquire at a purchase price not to exceed $625,000 (or enter into leases where it is determined more prudent to do so) the new hardware, associated software upgrades and installation services needed to replace these computer systems critical to the business activities performed at the National Headquarters; 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 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 MEMBER WARNKEN: This has the approval of your National Finance Commission, your Subcommittee on Resolutions, therefore I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and second on the floor. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, same sign. Approved.

Resolution No. 19: 2008 Conversion of Emblem Sales Computer Systems Origin: Finance Commission Submitted by: Finance Commission WHEREAS, The American Legion Emblem Sales Division has used the “Controller+” software written and supported by Sigma-Micro LLC for the past 13 years; and

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WHEREAS, Sigma-Micro has performed a complete overhaul and upgrade of their Controller+ package, including a change in the hardware platform on which the applications run; and WHEREAS, Sigma-Micro will cease to enhance and provide support on it’s previous versions of the Controller+ software; and WHEREAS, The risks of running an unsupported system in Emblem Sales are too great to accept; and WHEREAS, The Emblem Sales Division will review Sigma-Micro’s new package and may review similar packages from competitors to ensure the selection of a package which will meet the needs of the Emblem Sales operations for the foreseeable future; and WHEREAS, The National Finance Commission has reviewed 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, 2007, That The American Legion National Headquarters acquire at a purchase price not to exceed $155,000 (or enter into leases where it is determined more prudent to do so) the new hardware, associated software upgrades and installation services to replace the Controller+ computer system, which is critical to the business activities performed by the Emblem Sales Division at National Headquarters; 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 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 MEMBER WARNKEN: This has the approval of your National Finance Commission, your Subcommittee on Resolutions, therefore I move for its adoptions. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and a second. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, same sign. Approved.

Resolution No. 20: 2008 Enhancements to NHQ Computer Environment Origin: Finance Commission Submitted by: Finance Commission WHEREAS, Many job functions 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 proposed to accomplish these needed enhancements and has recommended approval by The National Executive Committee; now, therefore, be it

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RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2007, That The American Legion National Headquarters acquire at a purchase price not to exceed $191,656 (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 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 MEMBER WARNKEN: This has the approval of your National Finance Commission, your Subcommittee Committee on Resolutions. Therefore I move for its adoptions. …Seconded. NATIONAL COMMANDER COATSER: I have a motion and a second on the floor. Any discussion? Hearing none. All in favor by the normal sign of ‘Aye.’ Opposed, by the same of sign. Approved.

Resolution No. 21: Contribution From Major League Baseball Origin: Americanism Commission Submitted by: Finance Commission WHEAREAS, Major League Baseball and The American Legion have fostered a strong partnership since the inception of American Legion Baseball in 1925; and WHEREAS, Major League Baseball has contributed over four million dollars to The American Legion during the past eight decades to help offset operating expenses for American Legion Baseball; and WHEREAS, Major League Baseball wishes to contribute an additional $40,000 for 2007 to The American Legion to support American Legion Baseball; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting in Indianapolis, Indiana, on October 17-18, 2007, That the National Organization of The American Legion is hereby authorized to accept an annual contribution of up to $50,000 from Major League Baseball; and, be it finally RESOLVED, That The American Legion shall use those funds to offset expenses incurred in the operation of its baseball program.

RESOLUTIONS SUBCOMMITTEE MEMBER WARNKEN: This has the approval of your Americanism Commission, your Finance Commission, your Subcommittee on Resolutions, therefore I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and a second on the floor. Any discussion? Hearing none. All in favor by the normal sign of ‘Aye.’ Opposed, same sign. Approved.

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Resolution No. 22: Tournament Of Stars Expenses Origin: Americanism Commission Submitted by: Finance Commission WHEREAS, The National Executive Committee of The American Legion approved Res. 33, “USA Baseball—Tournament of Stars” in May 2003 authorizing The American Legion to participate in the USA Baseball Tournament of Stars, a multi-organizational annual all-star tournament event; and WHEREAS, Authorization for American Legion Baseball participation in the tournament was extended with no deadline for curtailment by NEC Resolution 31, “USA Baseball—Tournament of Stars” in October 2004 with the following conditions: 1. That participation in the Tournament of Stars by The American Legion be reviewed annually by the National Americanism Commission to determine relevance and desire for continued involvement in the activity; and 2. That participation in the Tournament of Stars shall be at no cost to The American Legion; and WHEREAS, Participation in the tournament has been determined by the Americanism Commission to be beneficial to American Legion Baseball and The American Legion; and WHEREAS, American Legion Baseball program volunteers selected to accompany the American Legion team to the event have paid their incidental expenses associated with organizing, coaching and accompanying a team in the tournament to include certain housing expenses, telephone charges, some food expenses and player gratuities; and WHEREAS, Major expenses of the team to include transportation and player housing and some expenses for team coaches is borne by USA Baseball and Major League Baseball, two longtime business partners 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, 2007, That The American Legion provide to American Legion Baseball coaches and team officials funding for authorized incidental expenses associated with organizing, coaching and accompanying an American Legion Baseball team in the Tournament of Stars with the amount of such funding determined annually in an amount considered prudent and specifically enumerated in each year’s annual budget request.

RESOLUTIONS SUBCOMMITTEE MEMBER WARNKEN: This has the approval of your Americanism Commission, your Finance Commission, your Subcommittee on Resolutions, therefore I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and a second on the floor. Any discussion? Hearing none. All those in favor by the normal sign of, ‘Aye.’ Opposed, the same sign. Approved.

Resolution No. 23: Accept Bids For 2010 American Legion Baseball World Series Origin: Americanism Commission Submitted by: Finance Commission WHEREAS, Resolution 4 (May 2007, NEC) “Conducting The American Legion Baseball World Series at National Conventions of The American Legion” established the policy that the ALB World Series will be held in The American Legion’s National Convention City when feasible; and

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WHEREAS, Resolution 4 directed the National Americanism Commission to inspect such cities to determine that minimum requirements to host an American Legion Baseball World Series are met and that additional costs, if any, necessary to site the World Series at a particular National Convention city are fully financed either through the normal budgeting process or via the resolution process; and WHEREAS, Milwaukee, Wisconsin has been named as host city for the 2010 American Legion National Convention and is unable or does not wish to host the 2010 American Legion Baseball World Series because of a lack of facilities, which would make such hosting unfeasible; and WHEREAS, Resolution 4 (May 2007, NEC) directed The Americanism Commission to seek permission from the National Executive Committee to open bidding to host the ALB World Series when it is not feasible to conduct it in the National Convention City; and WHEREAS, This resolution has the concurrence of both the National Finance Commission and the National Americanism Commission; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion assembled in Indianapolis, Indiana, October 17-18, 2007, That bids be solicited by the National Americanism Commission to host the 2010 American Legion Baseball World Series and that selection of a tournament site be made at the 2008 Spring Meetings of the National Americanism Commission and the National Executive Committee.

RESOLUTIONS SUBCOMMITTEE MEMBER WARNKEN: This has the approval of your Americanism Commission, your Finance Commission, your Subcommittee on Resolutions, therefore I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and a second on the floor. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, the same sign. Approved.

Resolution No. 24: Donation To American Legion Baseball Origin: Americanism Commission Submitted by: Finance Commission WHEREAS, Mr. Alex Grim has displayed a special allegiance to The American Legion and its baseball program; and WHEREAS, Mr. Grim has previously contributed several thousands of dollars to The American Legion, specifically The American Legion Baseball Scholarship Fund; and WHEREAS, Mr. Grim wishes to donate $4,000 to American Legion Baseball to pay costs associated with the placement of American Legion Baseball tournament information on the Internet and that monies in excess of this expense be deposited in the American Legion Baseball Scholarship Fund; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting in Indianapolis, Indiana, on October 17-18, 2007, That The American Legion is hereby authorized to accept a contribution of $4,000 from Mr. Alex Grim, a Legionnaire; and, be it further RESOLVED, That The American Legion honor Mr. Grim’s desire that the contribution be used to pay expenses to College Sports TV for Internet services provided during the 2007 American Legion Baseball national tournaments; and, be it finally

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RESOLVED, That any monies remaining from the contribution be deposited in the American Legion Baseball Scholarship Fund.

RESOLUTIONS SUBCOMMITTEE MEMBER WARNKEN: This has the approval of your Americanism, your Finance Commission, your Subcommittee on Resolutions, therefore I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and a second on the floor. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, by the same sign. Approved.

Resolution No. 25: Charitable Gift Annuity Origin: Finance Commission Submitted by: Finance Commission WHEREAS, The American Legion has been approached a number of times in the past by individuals who wish to make gifts to the organization in the nature of a charitable annuity; and WHEREAS, The American Legion National Finance Commission and The American Legion Endowment Fund Corporation, jointly, have studied the matter; and WHEREAS, The American Legion could enter a program on a test basis with The American Legion Endowment Fund Corporation, a 501(c)(3) corporation being the recipient of the gifts and Renaissance Administration, LLC an Indiana Limited Liability Company performing the calculations for Internal Revenue purposes and American United Life Insurance Company an Indiana Corporation providing the insurance and the annual 1099’s by the IRS; and WHEREAS, The National Finance Commission and The American Legion Endowment Fund Corporation, jointly, have reviewed the proposal and believe that it ought to be adopted at least on a test basis in the states of Illinois, Indiana, Ohio, Pennsylvania and Virginia, which states do not require onerous registration; and WHEREAS, The National Finance Commission and The American Legion Endowment Fund Corporation, jointly, recommend this program 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, 2007, That The American Legion adopt a Gift Annuity Program and enter into a contract with American Legion Endowment Fund Corporation, a Delaware Corporation having its address at 700 North Pennsylvania Street, Indianapolis, Indiana 46204 and Renaissance Administration, LLC, an Indiana Limited Liability Company having its address at 6100 West 96th Street, Suite 100, Indianapolis, Indiana 46278 and American United Life Insurance Company, an Indiana Corporation, having its address at 1 American Square, P.O. Box 368, Indianapolis, Indiana 46206 or any successor thereto; and, be it further RESOLVED, That The American Legion Gift Annuity Program shall initially be offered in the states of Illinois, Indiana, Ohio, Pennsylvania and Virginia; and, be it further RESOLVED, That such additional states may be added at the direction of the Chairman of the National Finance Commission and the President of The American Legion Endowment Fund Corporation, jointly, after review of the operation of the program in the initial states; and, be it further

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RESOLVED, The National Finance Commission shall report on the progress of the program in its reports to the National Executive Committee; and, be it finally RESOLVED, That the National Commander, after review and approval by the National Judge Advocate, be and is hereby authorized and directed to execute the said Gift Annuity Agreement and the National Adjutant be and is hereby authorized to directed and attest the same.

RESOLUTIONS SUBCOMMITTEE MEMBER WARNKEN: This has your approval of your National Finance Commission and your American Legion Endowment Fund Corporation, and your RESOLUTIONS SUBCOMMITTEE. Therefore, I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and a second on the floor. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, same sign. Approved.

Resolution No. 26: Agreement With The National Veterans Legal Services Program (NVLSP)—2007 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; and WHEREAS, The National Veterans Affairs and Rehabilitation Commission has approved the resolution, recommending it to the National Finance Commission and the National Executive Committee; and WHEREAS, The National Finance Commission has approved the resolution and recommends to the National Executive Committee approval of the contract with NVLSP; 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, 2007, That The American Legion enter into an agreement, contract, or memorandum of understanding with the National Veterans Legal Services Program 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 Fifty Five Thousand Dollars and Zero Cents and 00/100 ($455,000); 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 MEMBER WARNKEN: This has the approval of your National Veterans Affairs Rehabilitation Commission, your National

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Financial Commission, your Subcommittee on Resolutions, therefore I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and a second on the floor. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, same sign. Approved.

Resolution No. 35: American Legion Riders as a National Program Origin: Internal Affairs Commission Submitted by: Finance Commission WHEREAS, American Legion Riders (ALR) was established in 1993 as a Post level activity at Garden City American Legion Post 396, Department of Michigan; and WHEREAS, Today there are more than 700 The ALR groups at the Post, District and Department levels whose membership consists of members of The American Legion, The American Legion Auxiliary or Sons of The American Legion who share a common interest in motorcycle ownership and pleasure riding for veterans’ causes; and WHEREAS, The ALR groups exist in at least 48 states and three foreign countries and evidence a growth pattern over the last five years that reflects a genuine interest in ALR for both current and potential members of The American Legion Family; and WHEREAS, The purpose of ALR is to use their common interest and association to promote the aims and purposes of The American Legion as well as the promotion of motorcycle safety and awareness; and WHEREAS, During the 2006 and 2007 calendar years, ALR raised more than $500,000 for The American Legion Legacy Scholarship while at the local level ALR groups contributions were valued at more than $75,000 in contribution or volunteer hours to support the programs of The American Legion; and WHEREAS, Membership growth in The American Legion has increased in many Posts that have supported ALR and in some cases these members now serve in leadership positions within The American Legion; and WHEREAS, ALR support those serving in uniform today through participation in such activities as the Patriot Guard, which was founded by the Department of Kansas ALR to provide escorts for our fallen heroes returning from war and taking care of the needs of the families left behind; and WHEREAS, Many Posts and Departments of The American Legion have already acknowledged their ALR groups as a program and have established guidelines for ALR to follow; and WHEREAS, In April 2007 an Ad-Hoc Committee appointed by the National Commander met in Indianapolis to discuss the future of ALR as a program based on guidelines developed by the Internal Affairs Commission in 2003; and WHEREAS, These guidelines, which were validated with minor additions by the Ad-Hoc Committee, will serve as the standard under which all current and future The ALR groups will operate; and WHEREAS, As The ALR groups continue to increase in number it would be beneficial to both The American Legion and ALR to establish basic guidelines for consistency in all aspects of The ALR groups; and WHEREAS, The ALR status has been reviewed by the Internal Affairs Commission, which recommends the ALR become a National program; and WHEREAS, National Finance Commission has reviewed ALR and the need for funding and insurance for the National organization for this program, recommends this program to the National Executive Committee; now, therefore, be it

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RESOLVED, By The National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2007, That The American Legion adopt American Legion Riders (ALR) as a national program; and, be it further RESOLVED, That all The American Legion Rider groups must be a program supported by a Post or Department of The American Legion and shall uphold the declared principles of The American Legion as well as conform to and abide by the regulations and decisions of the Department, Post or other duly constituted Department governing body; and, be it further RESOLVED, That the following guidelines are recommended for The ALR program of The American Legion: 1. All members of The American Legion Riders shall be current members of The American Legion, American Legion Auxiliary or Sons of The American Legion 2. Each ALR member shall own a motorcycle 3. Each ALR member shall be properly licensed and insured as required by state law 4. All ALR members shall strive to maintain the image of The American Legion, at all times upholding The American Legion name and emblem, which symbolizes the integrity and principles of this great organization 5. All The ALR groups shall avoid the perception of being a “motorcycle club” or biker club” 6. The only recognized The American Legion Rider logo is that which is copyrighted and sold through The American Legion National Emblem sales 7. All Members will obey the motorcycle laws of their state 8. No use of rockers with the ALR patch because touching the patch violates trademark laws of the ALR patch 9. Sponsoring organization (Post and Department) will review liability insurance coverage to ensure that adequate coverage is available to cover the organization to include coverage for any specific special riding events; and, be it further RESOLVED, That American Legion Rider groups shall abide by The American Legion Constitution and By-laws as well as the established Post and Department directives; and, be it finally RESOLVED, That The American Legion National Headquarters and the respective Departments shall maintain general oversight of ALR Program as regards to proper use of the name and emblem of The American Legion, ALR and The American Legion Legacy Run, and compliance with the National Constitution and By-Laws of The American Legion.

RESOLUTIONS SUBCOMMITTEE MEMBER WARNKEN: This has the approval of your Internal Affairs Commission, your National Finance Commission, your Subcommittee on Resolutions, therefore I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: We’ve got a motion on the floor and its second. Is there any discussion? Hearing none. Those in favor by the normal sign of ‘Aye.’ Opposed, same sign. The ‘Ayes’ have it. Good job. I recognize Ken Danilson again.

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The American Legion Defined Benefit Pension Plan Kenneth D. Danilson, Finance Commission Chairman

This hopefully will get us through this. This is an important subject and because of this next resolution, I wanted to give you more detailed information on the reason for that. If there’s any questions, we’ll be happy to answer them. It is titled “The American Legion Defined Benefit Pension Plan.” Since the inception of The American Legion’s retirement plan in 1944, the National Finance Commission and the NEC have provided excellent stewardship over the Trust. With a prudent investment policy of no less than 75% bonds, the Trust has grown to approximately 71 million dollars. In fact, in 2002, when many defined benefit plans dipped as much as 35% and more due to market adjustments following 9/11, the Legion’s Retirement Trust, dipped only slightly more than 3%. Currently, the Trust is over funded by over 4.3 million dollars. Yet, despite our diligence in protecting the retirement benefits of our employees, we find ourselves faced with an insurmountable obstacle that requires us to go against everything we have done to protect this benefit. Because of recent statutory changes, we are facing funding requirements that make it financially impossible to maintain this Plan as we know it into the future. Following fiascos such as the Enron collapse, the Tyco scandal, and several airlines declaring bankruptcy and thereby affecting their employees’ pension plans, the federal government drafted and adopted into legislation the Pension Protection Act of 2006 (PPA 2006). While the intent of this legislation was to protect pensions, its minimum funding requirements have had a devastating effect on defined benefit plans. A survey conducted by the Employee Benefit Research Institute (EBRI) and Mercer found that over the past two years, a third of the survey respondents had made at least one change to their plans, and the projection for the next two years is that another third are looking to close or freeze their pension plans. The PPA 2006 raised the previous minimum funding requirement to 100% of anticipated future liability, and it mandated increases in premiums paid to the Pension Benefit Guaranty Corporation (PBGC), which is the single-employer plan termination insurance program. This, too, was necessitated by the bankruptcies of many companies over the past several years and the resulting impact to their pension plans. PPA also reduced the amount of time required to amortize cash contributions; thereby, impacting even well-funded plans such as ours, with annual funding requirements that are well beyond our means. In addition to PPA 2006, changes to the pension accounting standards, specifically FASB Standard no. 158, now requires employers to report the overfunded or underfunded status of a defined benefit plan as an asset or liability on its financial statements and to recognize this status through comprehensive income on the balance sheet of the accounting statements. This particular accounting standard brings the funding status from the footnotes of the financial statements to an adjustment to the company’s bottom line. Jack VanDerhei, an EBRI fellow and Temple University professor, stated in a “CNN Money”, “Even for those employers with overfunded plans that don’t care about the level of cash contribution (required under the Pension Protection Act)…you take a 10 percent equity hit (to your pension assets) and that can wipe out a company’s operating income overnight. You’ll be dead on your bottom line.” The American Legion and this Commission find themselves along side that one- third of other employers cited in the EBRI/Mercer survey in “looking to close or freeze their pensions…” in some fashion. We see no other way around taking some action.

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We have several options to freeze the plan before us for consideration, and the National Finance Commission will meet in Washington, DC during the Washington Conference in March, and after a thorough review of these options, make a final determination. A resolution that will present the Finance Commission’s recommended solution will be submitted during the Spring Meetings in May 2008. Subordinate groups to the plan will be sent an informational 90-day notice and Plan participants the initial 60-day notices, in accordance with Plan rules, following this meeting to inform them of upcoming changes. Plan participants and the subordinate groups will be mailed the federally-mandated 45-day notices informing them of the final decision as to the disposition of the Plan as soon as the final decision has been made. Regardless of what action is taken, those in pay status (retirees) will not see a decrease in their benefits. Also, benefits accrued by active employees as of the date of the freeze will not be reduced. You may rest assured that this Commission will look for a solution to this dilemma that is fair to everyone. We take this task very seriously, and it is with extremely heavy hearts that we find ourselves in the position of freezing the great plan that our predecessors established. Thank you for your time. Commission, I want to thank everyone on the national staff for all the hard work they did on this project and others in support of my commission. A special thanks to the National Adjutant, Treasurer, Executive Director, and Paul Allen, Finance Director.

Resolution No. 27: American Legion Retirement Plan for Employees of the National Headquarters and Subordinate Groups Thereof—Freeze, Split, or Amend Origin: Finance Commission Submitted by: Finance Commission WHEREAS, The American Legion Retirement Plan for Employees of the National Headquarters and Subordinate Groups Thereof (hereinafter “Plan”) was approved and adopted by the National Executive Committee in November, 1944, and amended in June 1946, May 1954, October 1954, October 1975, May 1983, May 1985, October 1986, October 1987, October 1993, October 1994, October 1995, May 2000, May 2003, May 2005, and May 2006; and WHEREAS, The Plan has always complied with federal laws such as ERISA; and WHEREAS, Over the years, the laws and regulations pertaining to the Plan (a defined benefit plan) have changed, making the administration vastly more expensive and onerous and requiring ever-increasing contributions; and WHEREAS, The American Legion has continually made more than the required minimum contribution to the Plan annually, even segregating funds until they could be contributed in accordance with Internal Revenue Service rules; and WHEREAS, The Pension Protection Act of 2006 (PPA 2006) places more stringent funding obligations on The American Legion with respect to the Plan, which is projected to bring such volatility to the annual contribution requirements as to affect the American Legion’s cash flow and the Financial Accounting Standards Board Standard No. 158 requires greater balance sheet adjustments; and WHEREAS, Some experts have forecasted further onerous standards changes from FASB; and WHEREAS, The Investment Policy of the National Finance Commission and the National Executive Committee has been appropriately prudent and has protected The American Legion, all participants and the assets and income of the Retirement Plan Trust

Proceedings of Wednesday, October 17, 2007 59 as well as actually growing the Trust while benefits to existing long-term retirees were increased to assist them in facing inflation in the economy; and WHEREAS, The American Legion is not the only organization facing this issue as all employers with defined benefit plans are being forced to deal with these recently imposed regulations, resulting in approximately two thirds of all defined benefit plans making changes to freeze plans in some fashion or terminate their plans over the past two years or announce they will take such action in the next two years; and WHEREAS, Changes to the Plan are being considered by the National Finance Commission to avoid the excessive estimated additional contributions that will have to be made to the Plan in the future and will be recommended to the National Executive Committee when it reaches a final conclusion as to which changes may be best for The American Legion, subordinate groups, participants, retirees, employees and their families; 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, 2007, That the National Judge Advocate is hereby authorized and directed to draft an amendment to The American Legion Retirement Plan for Employees of The National Headquarters and Subordinate Groups thereof (hereinafter the “Plan”) necessary to amend to include a split or freeze of the Plan as directed by the National Finance Commission the purpose of which is to avoid the exceedingly onerous contributions required by the Pension Protection Act of 2006 and the greater balance sheet disclosures required by the Financial Accounting Standards Board Standard No. 158; and, be it further RESOLVED, That any change or amendment shall comply with all relevant law(s); and, be it further RESOLVED, That said amendment shall be presented to the National Executive Committee by resolution at the May 2008 meeting for final consideration; and, be it finally RESOLVED, That even though the action taken here does not specify which option will ultimately be affirmed and acted upon, 90 days informative notice will be given to each participating group no later than November 1, 2007 and that the sixty days notice, required by the Fourth Amendment to the Plan, specifically, Section 7.02, shall be given to all participants no later than November 1, 2007.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This has the approval of the National Finance Commission, the Subcommittee on Resolutions and I so move for its approval. …Seconded NATIONAL COMMANDER CONATSER: The motion on the floor is seconded. Is there any discussion? Hearing none. All in favor by the normal sign of ‘Aye.’ Opposed same sign. Approved. The Chairman’s statement is attached to your resolution. RESOLUTIONS SUBCOMMITTEE CHAIRMAN JERRY L. HEDRICK: Mr. Commander. Due to the reporting of the Americanism Commission tomorrow morning, we have two resolutions emanating from that commission that are required under 8A of our rules. I’d like permission at this time to read those two resolutions so that we will have a time period to act on it in the morning. NATIONAL COMMANDER CONATSER: Permission granted.

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Resolution No. 3: NEED A LIFT? Agreement Origin: Americanism Commission Submitted by: Americanism Commission WHEREAS, McGlinn & Associates, Nokesville, Virginia updated the scholarship information in The American Legion’s financial aid publication NEED A LIFT? for the 57th edition; and WHEREAS, The American Legion must enter into a Statement of Understanding with McGlinn & Associates, Nokesville, Virginia for the purpose of updating NEED A LIFT? for the 58th edition; 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, 2007, That The American Legion enter into a one-year agreement with McGlinn & Associates, Nokesville, Virginia for the use of their resources in the preparation of the 58th edition of The American Legion’s financial aid publication NEED A LIFT?; and, be it further RESOLVED, That the National Commander be and is hereby authorized to negotiate the terms and conditions of said agreement with McGlinn & Associates to include its resources for NEED A LIFT? and further refinements as deemed necessary to keep The American Legion education assistance program the quality product it has become; and, be it finally RESOLVED, That the National Commander after review and approval by the National Judge Advocate 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.

Let it be known that this is being read on October 17, 2007 at 10:43 a.m.

Resolution No. 5: The College Board License Agreement Origin: Americanism Commission Submitted by: Americanism Commission WHEREAS, The College Board, New York, New York provided its data for the “college profile” section of NEED A LIFT? for the 57th edition; and WHEREAS, The American Legion must enter into a license agreement with The College Board, New York, New York to use its data for the “college profile” section of NEED A LIFT? for the 58th edition; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, October 17-18, 2007, That The American Legion enter into a one-year agreement with The College Board, New York, New York for the use of its data in the preparation of the 58th edition of The American Legion’s financial aid publication NEED A LIFT?; and, be it further RESOLVED, That the National Commander be and is hereby authorized to negotiate the terms and conditions of said agreement with The College Board; and, be it finally RESOLVED, That the National Commander after review and approval by the National Judge Advocate 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.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Let this be noted that this has been read on 10/17/2007 at 10:44 a.m. Thank you, Mr. Commander.

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NATIONAL COMMANDER CONATSER: I now call on The America Legion National Convention Corporation of Nevada, President Dale ‘Tiny’ Salmen.

Oral Report: National Convention Corporation of Nevada Dale ‘Tiny’ Salmen, President

The Commander has so diligently given me ten minutes to speak to you. I don’t know if I can speak to you that long, because all of my report is not in for expenses yet. The 2007 National Convention was successful for all the blue caps. The blue caps thought it was the best convention we ever held and I heard no ill comments from any of them. One of the problems we had at the National Convention this year was the shuttle cost. It was much more than we have ever paid at a national convention. Anybody who is biding on a national convention, five years ago we never thought gas or diesel would double. It has, and so our cost for our shuttle system is way out of line for what we budgeted. One good thing that happened was that the city of Reno said it was one of the largest parades that they ever had in the city of Reno. They had almost 3,000 spectators there. The Nevada Corporation would like to thank, Dick Holmes, Jennifer Zellers and the National Convention Commission for their help, for without them the convention would not have been such a huge success. I’m personally very proud and would like to thank the Nevada Legion family, especially my committee Executive Director, Tim Tetz; Secretary, Lionel Motta; Treasurer, Frank Tetz; the Distinguished Guest Chairperson, Jeannette Rae; Transportation Chairman, Jerry Finley; Badges and Packets Chairman, Don Cabrol; Parade Chairman, Tony Vaughn; and Memorial Service Chairman, Paul Diefenbach. I was very proud when I went to the National Convention Commission. They really thought highly of my choice of Chairmen, and it made me very proud and brought one tear to my eye. You know how it goes. I also thank the city of Reno, the Reno-Sparks Convention Authority, and you people for having us.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN PROCTOR: Motion has been made to received and filed. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion to receive and file. All those in favor by the normal sign of ‘Aye.’ Opposed, same sign. Thank you, Mr. President. It was one of my favorites. I now call on Jeffery L. Olson, Chairman of the National Convention Committee, from Minnesota.

Oral Report: National Convention Commission Jeffrey L. Olsen, Minnesota, Chairman

You have before you Resolution 34 which was approved by your National Convention Commission. It is our recommendation that the National Commander be authorized to sign a properly executed contract with the Department of Wisconsin Convention Corporation for the 2010 convention in Milwaukee, Wisconsin. You also have Resolution 101, which is the endorsement of the Department of Ohio for the city of Columbus, Ohio to serve as host of the 2013 convention. We received and recorded that resolution. Resolution 117 was before the National Convention Commission as a

62 Proceedings of Wednesday, October 17, 2007 recommendation of the Department of California, the city of Anaheim, to be considered for the 2013 convention. We received and recorded that resolution. Resolution 2587 was also considered, the endorsement by the Department of Texas, for Houston, Texas to serve as host for the 2013 convention. Again, we received and recorded that resolution. At a previous meeting, we received a resolution from the Department of Missouri, endorsing St. Louis, Missouri, to also serve as a host for the 2013 Convention. We received and recorded that resolution as well. In summary, we have four cities biding for 2013. We also received and recorded Resolution 156 from the Department of Arizona, calling for an alternative to a parade for the National Convention next year in Phoenix. ‘Tiny’ and everyone else from Nevada, thanks from your National Convention Commission for a very successful convention and for your hard work. I’m very pleased to tell you that, on an annual average, we expect to have about 18,500 room nights used by our Legion family during convention. In discussion with the Convention Authority in Reno, over the last couple of days, they are expecting the Reno Convention to reach 20,000 room nights. We think that’s an indication that the commission believes that our blue cap Legionnaires do, indeed, spend their own time and money to go to convention, and therefore like to go to new places. This is a true thought. We’ll continue to monitor that, but 20,000 room nights is just outstanding. I attended a corporation meeting in Phoenix, Arizona just a few weeks ago. I want to tell you that their corporation is in excellent shape, their chairmen are all in place. Every chairman projected that they would have more volunteers available than we normally require. It was a very positive meeting. The Commission talked about the alternatives to a parade in Phoenix, Arizona, in 2008, and we determined that we would like to form a subcommittee, headed by Dick Holmes and Jennifer Zellers, composed of national staff; corporation input; commission input, to talk about this over the next number of months and report to us during the 2008 Spring Meeting for a final decision. We also discussed at some lengths, for about the third year in a row, the invitational process that we’ve talked about, which would pit tier-one cities against tier-one cities in the biding process. As we discussed this, we also discussed the recommendation from the Ad Hoc Committee on Conventions, that met last year. One of the recommendations that came from that Ad Hoc Committee was that we do a professional survey of the Legion family to see what it is they wanted to have as an experience during the National Convention. We anticipate that that survey could include not only people who are attending convention, but could include people who have attended convention and quit attending, and people who have never attended a national convention. One of the questions that would probably be asked in that survey is would they be willing to pay more to attend a convention in a tier-one city that is obviously going to be more expensive, but at the same time, it provides significantly more attractions. Because that survey was not available to us, the answer to that, we determined, was that it was best not to take action implementing the invitational process until after we have survey results. Obviously, if the answer is overwhelming yes, we’ll proceed; if it’s overwhelming no, we won’t proceed. We think the earliest possible implementation date for an invitational process would be 2015 or later, but 2015 would be the earliest.

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Report: National Convention Commission October 15, 2007 Jeffrey L. Olson, Minnesota, Chairman

Chairman Jeffrey L. Olson, Minnesota at 9:00AM, October 15, 2007, called the meeting to order. Roll call was taken with one member being excused due to health related issues. The remainder of the commission was present.

Items Requiring NEC Action Resolution No. 34: Approval of the recommendation by the National Convention Commission that the contract between the National Organization of The American Legion and the 2010 American Legion Convention Committee, Incorporated for the dates of August 27-September 2, 2010 be signed by the National Commander and the President of the 2010 Convention Corporation. Resolution No. 101: Submitted by the Department of Ohio supporting a bid for the 2013 National Convention from the city of Columbus, OH. Received and recorded. Resolution No. 117: Submitted by the Department of California supporting a bid for the 2013 National Convention from the city of Anaheim, CA. Received and recorded. Resolution No. 2587: Submitted by the Department of Texas supporting a bid for the 2013 National Convention from the city of Houston, TX. Received and recorded. Resolution No. 156: Submitted by the Department of Arizona recommending an alternative event on Sunday of the 2008 National Convention in lieu of the annual parade. Received and recorded. Dale Salmen, President, American Legion National Convention Corporation of Nevada, Inc. gave a preliminary report on the 2007 National Convention in Reno, Nevada. Mr. Salmen thanked the National Convention Commission for their support and reported that, in his opinion, the 2007 National Convention appeared to be a success. Mr. Salmen reported that all known invoices had been received, most revenue sources had delivered and that two of the five convention hotels had paid their rebates. Mr. Salmen will provide a final report at the 2008 Spring Meetings. Chairman Olson thanked Mr. Salmen and his Nevada American Legion family volunteers for conducting an excellent National Convention. Neal Sundeen, President, The American Legion National Convention Corporation of Arizona, Inc. gave a report on the planning process for the 2008 National Convention in Phoenix, Arizona August 22-28, 2008. Planning for the 90th National Convention of the American Legion is on schedule. The American Legion and Sons of The American Legion will be headquartered at the Phoenix Hyatt Hotel. The American Legion Auxiliary and the 8 et 40 will be housed in the Wyndham Phoenix Hotel. Chairman Olson, Convention Corporation personnel, the National Convention and Meeting Planning staff and our convention technical companies will conduct a site visit to Phoenix November 27-30, 2007. Further details will be provided, as they become available. The Commission tasked Director Holmes and Deputy Director Zellers to coordinate with the National Organization, the 2008 Convention Corporation and as necessary the National Convention Commission for the purpose of looking at alternatives to the parade for the 2008 convention. A report to the entire Commission is expected at the 2008 Spring Meeting.

64 Proceedings of Wednesday, October 17, 2007

Commission members reported on their assignments during the 2007 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. Dale Salmen, President of the American Legion National Convention Corporation of Nevada, for the support provided to the convention by The American Legion family of Nevada. Requests for proposals to host the 2013 National Convention are due to the Convention & Meeting Planning office on or before October 31, 2007. Those cities expressing an interest to host the 2013 National Convention, and who have their Department’s approval to bid, are Anaheim, California, Columbus, Ohio, Houston, Texas and St. Louis, Missouri. Site visits to each city will be conducted during the January to April 2008 timeframe and each city will be invited to make a formal presentation to the National Convention Commission at the 2008 Spring Meeting. The Ad Hoc Committee formed by then National Commander Paul Morin recommended that a survey be conducted asking questions of American Legion family members related to the National Convention. This recommendation was placed in the Convention & Meeting’s budget for 2008 and will be conducted at some point in calendar year 2008. The National Convention Commission discussed the possibility of holding a National Convention “invitational bidding process” at some point in the future. The Commission, utilizing the current Runzheimer’s Meal & Lodging Index, would contact the respective Department Adjutant to seek the level of interest from the Department and any of their interested cities. Our request for proposal would then be sent to each city desiring to bid on the National Convention, as long as that city has the support, via resolution, from the Department Headquarters. This process was tabled until the results of the National Convention survey, to be conducted in 2008, are completed. The National Convention Commission also appointed a Chief Judge of Contests to serve through the 2008 Fall Meetings. The Chief Judge of Contests for 2007-2008 is Mr. David Priester (SAL—Virginia).

Dates for future national conventions are: Phoenix, Arizona August 22-28, 2008 Louisville, Kentucky August 21-27, 2009 Milwaukee, Wisconsin August 27-September 2, 2010 Minneapolis, Minnesota August 26-September 1, 2011 Indianapolis, Indiana August 24-30, 2012

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN POCTOR I recommend the report be receive and filed with the exception of one resolution. …Seconded. NATIONAL COMMANDER CONATSER: Motion on the floor. Any discussion? All those in favor by the normal sign of ‘Aye.’ Opposed, by the same sign.

Resolution No. 34: 2010 National Convention Contract Origin: National Convention Commission Submitted by: National Convention Commission WHEREAS, The National Convention Commission has reviewed the status of the proposed National American Legion Convention in Milwaukee, Wisconsin on August 27-September 2, 2010; and

Proceedings of Wednesday, October 17, 2007 65

WHEREAS, Subject to receiving a properly executed contract from the 2010 National American Legion Convention Committee, Incorporated the National Convention Commission believes that all conditions for a contract covering The American Legion National Convention in Milwaukee, Wisconsin August 27-September 2, 2010, have been satisfied; and WHEREAS, The National Convention Commission hereby recommends to the National Executive Committee that it enter into the appropriate contract with the 2010 National American Legion Convention Committee, Incorporated to cover the 2010 American Legion National Convention; 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, 2007, That the National Commander, after receipt of an executed contract from the 2010 National American Legion Convention Committee, Incorporated of Wisconsin and the review and approval of same by the National Judge Advocate, be and is hereby authorized and directed to execute said contract and the National Adjutant, be and hereby is authorized and directed to attest to same.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This is being read under 8A, on 10/17/2007 at 11:54 a.m. 10:54 a.m.

NATIONAL COMMANDER CONATSER: I call on the Chairman of The American Legion Magazine, Dennis Henkemeyer, Chairman from Minnesota.

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

The Magazine is having a very good year financially. We are currently projecting a year-end surplus of $2.8 million, which is $900,000 better than budgeted. This is due primarily to the record year we are having in advertising. We are currently projecting that we will exceed $10.5 million, which is $1 million more than last year, which, by the way, was another record year for us. Staffing is stable, postage rates are currently stable, and the cost of materials for printing, are stable. On behalf of The American Legion Magazine Commission, I want to thank you, Mr. Commander, and this National Executive Committee for your guidance and continued support of our efforts. Mr. Commander, this concludes my report.

Report: The American Legion Magazine Commission October 17, 2007 Dennis J. Henkemeyer, Minnesota, Chairman

The magazine is having a very good year financially. The 2007 approved budget was a surplus of $1.9 million. We are currently projecting a year-end surplus of $2.8 million. This is due primarily to the record year we are having in advertising. We are currently projecting that we will exceed $10.5 million, which is $1 million more than last year, another record year. The magazine commission has surveyed the printing industry and we are recommending that The American Legion negotiate a new 5-year contract with R. R. Donnelley for the printing of the magazine. We have negotiated price concessions

66 Proceedings of Wednesday, October 17, 2007 amounting to approximately $200,000 per year due to cost-savings realized by automation. On behalf of The American Legion Magazine Commission, I want to thank the National Executive Committee for its guidance and continuing support of our efforts.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN PROCTOR: There is no resolution and no addendum. I move the report to be received and file. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion on the floor. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, those by the same sign. Reports received and filed.

NATIONAL COMMANDER CONATSER: I now call on the Chairman of the Economics Commission, James E. Loutz, from Indiana.

Oral Report: National Economic Commission James E. Koutz, Indiana, Chairman

The National Economic Commission met at the Sheridan Hotel, Indianapolis, Indiana, on October 15th and 16th, 2007 to consider those matters previously referred for study and discuss a range of other current matters. Six resolutions were referred from the 2007 National Convention. The Commission forwarded two of them to the National Executive Committee for approval, rejected two, and held two for further study. The Commission discussed a variety of issues, but I would like to briefly focus on three of them: better veterans’ educational benefits, transition, and homelessness. The American Legion, with its ever increasing number of veterans from Operation Iraqi Freedom, Operation Enduring Freedom, and the Global War on Terrorism, stands firm on its adopted resolutions and policies regarding veterans’ education benefits. The American Legion supports passage with major enhancements to the current All-Volunteer Force Education Assistance Program, better known as the Montgomery GI Bill. We have sent letters of support for Amendment 2074 which would extend a delimiting date of the Reserve Educational Assistance to ten years after separation from the Selective Reserve and Ready Reserve. We have also sent letters supporting Amendment 2072 which will remove the Selective Reserve and Reserve Educational Assistance Programs into Title 38 and place them under authority of the Department of Veterans Affairs alongside with active duty GI Bill. Senate Bill 22, which will provide benefits for those members who have served honorably on active duty in both enlisted or call-up from Reserve components, deserves further discussion. It is the most sweeping and beneficial educational bill currently in Congress. However, many older veterans are facing the loss of their educational benefits at the same time. Because of its commitment to serve the wartime veterans regardless of wherever or when they served, The American Legion must consider the all post-service education programs. We can estimate that between 80,000 and 106,000 veterans have lost or will lose earned education benefits which could be used to increasing their potential. Now they are faced with a financial crisis, seeking alternative ways to pay for college. Portability must concur first, and, if possible, must be retroactive to protect those veterans who have already lost Reserve Educational Assistance Program benefits.

Proceedings of Wednesday, October 17, 2007 67

Here’s an update on the veterans’ education bills. It appears that the House and Senate Veterans Affairs Subcommittee are reluctant to forward any bills to the floor because the bills would definitely be voted into law. Members of Congress have calculated that, and in the current political climate, a vote against a veterans’ educational legislation would be political suicide. Bills requiring new spending could prompt an internal backlash because of PAYGO Rules and individual congressmen’s stake in funding projects favored by their commissions and earmarks. Voting for huge appropriations for war fighting, but not supporting veterans’ education benefits, would create an enormous uproar, in a nation that could throw next years’ Congressional election into chaos. Untimely it comes down to the questions of funding, and we’ll ensure that those who wear the uniform in harms way, so that the American way of life, are taken care of. We need Legionnaires to contact their Congressmen often and soon. In regards to transition, veterans of this nation will make up the well-qualified disciplined pool of applicants. Recognition of their valued of military training which can be achieved by integrating licensing and credentialing must be enhanced to assist our country’s finest to achieve their professional goals. The American Legion asserts that veterans have been trained, educated, disciplined and molded by the greatest military establishment that the world has ever seen. Yet many of these skills developed in the armed forces are being non-applicable to the civilian sector. Among the skills that veterans bring to work place are an accelerated learning curve, leadership, teamwork, diversity, and inclusion in action, effective performance under pressure, respect for procedures, integrity, conscience of health and safety standards, and the ability to triumph over diversity. With all these abilities, a casual observer would assume that veterans were easily employed and can make that transition to the private sector with ease. Unfortunately, that is not the case. The American Legions supports efforts to eliminate employer barriers that impede the transfer military job skills to civilian labor market and encourages the Department of Defense to take appropriate measures and steps to ensure that servicemen and women are trained, tested, evaluated and issued any licensure of certification that maybe required in the civilian workforce. The American Legion coordinates a Homeless Veterans Task Force, which seeks to augment existing homeless veterans’ service providers, such as the VA Network Homeless Coordinators, the Department of Labor’s Homeless Veterans Reintegration Program, Veterans Workforce Investment Program, and the Local Veterans Employment Representatives. In addition to augmentation, we attempt to fill the gaps where there’s no coverage. Each of our 55 American Legion Departments has a taskforce chairman, and an employment chairman who coordinate activities with The American Legion post in their state. The three-tiered coordination of our chairmen and posts seeks both to assist the homeless veterans and prevent future homelessness. We have conducted training with the assistance of the National Coalition of Homeless Veterans, the Department of Labor’s Veterans Employment and Training Service, Project Homeless Connect, and of course the VA, on how to apply for federal grants and many assistant programs, most notably, the Stand Down and Grant Per Diem Programs. It’s our goal to assist the Grant Per Diem Program, by enabling individual posts and homeless providers to use The American Legion as a workforce multiplier. We may not have the expertise in the fields of social work and mental health, but we do have 2.7 million members, well-intended volunteers with uncountable connections in their communities. Augmenting homeless veterans providers with transportation, food, clothing, cash in kind donations, technical assistance, employment placement,

68 Proceedings of Wednesday, October 17, 2007 employment referral, claims assistance, veterans benefits assistance, and in some cases, shelters for homeless veterans, The American Legion is well-positioned to assist in their community. In conclusion, The National Economic Commission is fully aware that it would be impossible to carry out these mandates without the active involvement of posts, districts, counties, departments and individual Legionnaires. We deeply appreciate their continued support and involvement.

Report: Economic Commission October 16-17, 2007 James E. Koutz, Indiana, Chairman

The National Economic Commission met on October 16-17, 2007, 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: James E. Koutz (IN), Chairman. Present at the meeting were: John J Ross (IA); Joseph Steil (OK); Harley W. Ray (OR); Eugene Thompson (IL); William A. Smith (GA); James Fratolillo (MA); Albert M Robotti (NJ); Richard “RT” Lee JR (CA); Robert E Newman (IN); William G Bickford (ME); and Richard H. Zulch (OH). Also in attendance were: The staff member present was Peter Gaytan (MD), Director for Veterans Affairs and Rehabilitation.

Matters Received, Considered and Acted Upon By The Commission

Resolutions Your Subcommittee considered six (6) resolutions. Six were referred from the 2007 National Convention. Two (2) resolutions were forwarded to the National Executive Committee for approval: (Origin: Department of Maryland) Elimination of the Department of Veterans Affairs Home Loan Funding Fee (Origin: Department of Maryland) Service-disabled Veteran Owned Business Status

The Commission then discussed the following issues:

Total Force GI Bill The American Legion supports passage of major enhancements to the current All- Volunteer Force Education Assistance Program, better known as the Montgomery GI Bill (MGIB). Amendment 2074 would extend the delimiting date of the Reserve Educational Assistance Program (REAP, Title 10, United States Code, Chapter 1607) to ten years after separation from the Selected Reserve and Ready Reserve. We note that the current make-up of the operational military force requires that adjustments be made to support all service members. As the distinctions between the Active and Reserve Forces continue to fade, the difference between the Active and Reserve Forces of the MGIB should disappear accordingly. Benefits should remain commensurate with sacrifice and service. Today, approximately 40 percent of troops in Iraq are National Guard personnel or Reservists. Many members of the Reserve components cannot effectively utilize their earned benefits while they are members of the Reserve components due to frequent mobilizations and other factors, yet they have honorably served their country. By extending the delimiting date to ten years after

Proceedings of Wednesday, October 17, 2007 69 completion of service, Reservists will have an additional opportunity to use their MGIB benefits The American Legion feels that all veterans should be treated equally regardless of their Reserve/National Guard status. A veteran, who was called to duty and served honorably, should not have to remain in the Selected Reserve to use their earned benefits. We support legislation that would allow all Reservists and National Guard members to use their education benefits after separation regardless of disability status and if their enlistment contract expires. Amendment 2072 would move MGIB-SR and REAP into Title 38 and place these two programs under the same authority as the active duty MGIB. This change would place these two educational benefit programs under the same authority, the Department of Veterans Affairs. It is important to note that this amendment would retain the authority for enlistment incentives (“kickers”) under Title 10, USC and under the control of the Department of Defense. We note that the current make-up of the operational military force requires that adjustments be made to support all service members. As the distinctions between the Active and Reserve Forces continue to fade, the difference between the Active and Reserve Forces of the MGIB should disappear accordingly. Benefits should remain commensurate with sacrifice and service. Today, approximately 40 percent of troops in Iraq are National Guard personnel or Reservists. By enacting this legislation, future MGIB rates of the Reserve components would increase lock step with the active duty rates and eliminate any inconsistencies. The American Legion, with our ever rapidly growing OIF/OEF/GWOT veteran contingent of 2.7 million members stands firm on our adopted resolutions and policies regarding veterans education benefits. S.22 is a great bill that needs to be discussed, as it is the most sweeping and beneficial education bill currently in Congress. The crux of S. 22 is a benefit for those members who have served honorable time on active duty, be in enlistment or call-up from the reserve components. However, The American Legion is deeply concerned with all wartime veterans, regardless of where or when they have served. Official DOD numbers of the Selected Reserve Enlisted Attrition report released by the OASD (Public Affairs) states that the 2007 losses were 132,441. We can estimate that of those, for 2007, about 80,000 to 106,000 are veterans and are or will LOSE earned education benefits annually which could be used to increase their earning potential. Now, they are placed in a financial disaster trying to look for alternative ways to pay for college. Portability must occur first, and if possible, must be retroactive to protect those veterans who have already lost REAP benefits. That is why the 2 amendments, S. 644 and H.R. 1102 are better bills. It appears that the House and Senate Veterans Affairs committees are reluctant to pass anything forward because the bill would definitely be voted into law. If any veterans’ education legislation reaches the floor it would be political suicide to vote against it. If the bill requires lots of funding then there could be an internal backlash from other members of congress because of Paygo rules and their individual stake in the pot for their committees and earmarks. Voting for huge appropriations for war fighting but not supporting veterans’ education benefits would create an enormous uproar in our nation that next year’s congressional election would be chaos. Ultimately it comes down to dollars and who is willing to stand up for what is right and ensure that those who have volunteered to put on the uniform and go in harms way to

70 Proceedings of Wednesday, October 17, 2007 defend the American Way of life are taken care of. It's also economically smart to better equip veterans and military members with a better education and therefore emplace them in the workforce to ensure our county’s competitive edge in the global market in the not so distant future. For the 110th Congress, the National Staff have testified or presented statements and letters to Congress on February 28, April 19, May 3, May 9, May 31, June 21, July 10, July 17, and September 28 on education related matters.

Transition There have been estimates that approximately 60% of the workforce will retire by 2020 and competent, educated, and capable individuals must replace the workforce in order to assure the United States retains its competitive edge in the world. The veterans of this nation make up a well-qualified disciplined pool of applicants. Increasing recognition of military training by integrating licensing and credentialing must be strengthened to assist our country’s finest to achieve their professional goals. 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 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, conscious of health and safety standards, and the ability to triumph over adversity. With all of these abilities, a casual observer would assume that veterans are easily employed and can transition their military experience to the private sector with ease. Unfortunately, that is not the case. The American Legion supports efforts to eliminate employment barriers that impede the transfer of military job skills to the civilian labor market and that the Department of Defense take appropriate steps to ensure that servicemembers be trained, tested, evaluated and issued any licensure or certification that may be required in the civilian workforce. For the 110th Congress, the National Staff have testified or presented statements and letters to Congress on March 28, April 3, May 9, May 23, June 21, September 6, and September 20.

Veteran and Service Disabled Veteran Owned Businesses The American Legion views small businesses as the backbone of the American economy. It is the driving force behind America’s past economic growth and will continue to be the major factor as we move further into the 21st century. Currently, more than nine out of every ten businesses are small firms, which produce almost one-half of the Gross National Product. Veterans’ benefits have always included assistance in creating and operating veteran owned small businesses. The impact of deployment on self-employed Reservists is severe with a reported 40 percent of all veteran owned businesses suffering financial losses and in some cases bankruptcies. Many small businesses have discovered they are unable to operate, and suffer some form of financial loss when key employees are activated. The Congressional Budget Office, in a report titled, “The Effects of Reserve Call-Ups on Civilian Employers,” stated that it “expects that as many as 30,000 small businesses and 55,000

Proceedings of Wednesday, October 17, 2007 71 self-employed individuals may be more severely affected if their Reservist employee or owner is activated.” Additionally, the Office of Veterans’ Business Development within the Small Business Administration (SBA) remains crippled and ineffective due to a token funding of $750,000 per year. This amount, which is less than the office supply budget for the SBA, is expected to support an entire nation of veteran entrepreneurs. The American Legion feels that this pittance is an insult to American veteran business owners, that it undermines the spirit and intent of Public Law 106-50, and it continues to be a source of embarrassment for this country. The American Legion strongly supports increased funding of the Small Business Administration’s Office of Veterans’ Business Development to provide enhanced outreach and community based assistance to veterans and self employed members of the Reserves and National Guard. Additionally, The American Legion supports allowing the Office of Veterans’ Business Development to enter into contracts, grants, and cooperative agreements to further its outreach goals. The Office of Veterans’ Business Development must be authorized to develop a nationwide community-based service delivery system specifically for veterans and members of Reserve components of the United States military. The American Legion recommends that funding for the SBA Office of Veterans’ Business Development be increased to $2 million. The American Legion seeks and supports legislation to require a 5 percent goal, with set-aside and sole source authority, for federal procurements and contracts for businesses owned and operated by service-disabled veterans (SDVOB) and businesses owned and controlled by veterans. This includes those 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 has encouraged Congress to require reasonable “set-asides” of Federal procurements and contracts for businesses owned and operated by veterans. The American Legion supported legislation in the past that sought to add service-connected disabled veterans to the list of specified small business categories receiving 3 percent set- asides. Public Law 106-50 mandated that each federal agency and subset must meet the 3 percent goal for SDVOB dollars in federal contracts. This was further supported by the passing of Public Law 108-183 which clearly provided a vehicle to meet the 3 percent goal. Agency compliance with Public Law 106-50 has been minimal and non-compliant. In 2004, President Bush issued Executive Order 13360 to strengthen opportunities in Federal contracting for service-disabled veteran owned businesses. 22 out of 24 cabinet level agencies and the Executive Office of the President have failed to meet the 3 percent goal for Fiscal Year (FY) 06 for service disabled veteran owned businesses that have been established since 1999 and enhanced by the executive order in 2004. SDVOBs had the potential to be awarded approximately $7 - 8 billion for FY 06 and about the same for FY 07, yet they have only been awarded approximately $3 billion. For the 110th Congress, the National Staff have testified or presented statements and letters to Congress on May 2, May 17, June 7, June 21, July 12, September 19.

The American Legion Homeless Veterans Task Force The American Legion coordinates a Homeless Veterans Task Force (HVTF) amongst our 55 departments. Our goal is to augment existing homeless veteran providers,

72 Proceedings of Wednesday, October 17, 2007 the VA Network Homeless Coordinators, and the Department of Labor’s Homeless Veterans Reintegration Program (HVRP), Veterans Workforce Investment Program (VWIP), Disabled Veterans Outreach Personnel (DVOP’s) and Local Veterans Employment Representative (LVERs). In addition to augmentation, we then attempt to fill in the gaps where there is no coverage. Each of our departments contains an HVTF chairman and an employment chairman. These two individuals coordinate activities with the American Legion posts in their state. The three tiered coordination of our two chairmen and numerous posts attempts to symbiotically assist homeless veterans and prevent future homelessness. We have conducted training with the assistance of the National Coalition for Homeless Veterans (NCHV), DOL-VETS, Project Homeless Connect, and of course the VA on how to apply for federal grants in many assistance programs, most notably the stand down and Grant and Per Diem programs. It is our goal to assist the Grant and Per Diem program by enabling individual posts and homeless providers to use The American Legion as a force multiplier. We may not have the expertise in fields of social workers and mental health professionals, but we do have 2.7 million well-intended volunteers with uncountable connections within their communities. Augmenting homeless veteran providers with transportation, food, clothing, cash in kind donations, technical assistance, employment placement, employment referral, claims assistance, veterans benefits assistance, and in some cases shelters for homeless veterans, The American Legion is out there in the community with open arms. The American Legion department service officers are accredited representatives that assist homeless veterans with their compensation and pension claims, and are fierce advocates for assuring that all VA benefits are afforded to the unfortunate homeless veterans that they may encounter. For the 110th Congress, the National Staff have testified or presented statements and letters to Congress on March 14, May 23, June 21, July 17, and September 27.

Job Fairs Job Fairs are an extremely important opportunity that has incredible positive impact for veterans and our organization. The main purpose of participation in these job fairs is to educate veterans of their benefits, provide veterans outlets for employment, promote The American Legion, and increase membership. 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. Since the beginning of the calendar year, as of October 15, 2007, The American Legion has participated in 62 job fairs through our national partnerships. Another 18 job fairs are scheduled to occur over the remainder of the year. At these job fairs, about one-third of the employers are within the Defense Department, one-third are other Federal/ State and Local government agencies, and about one-third are private sector companies. These fairs attract about 20-40 employers and about 200-400 job seekers at each fair. The most common participant is local law enforcement agencies of that area. The following departments have participated or will participate in Job Fairs with our National Partners: Georgia, California, North Carolina, DC, Texas, Maryland, Illinois, Florida, Tennessee, Ohio, Pennsylvania, Louisiana, Washington, Nevada, Michigan, Massachusetts, Missouri, Colorado, New York, Virginia, Arizona and Indiana.

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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 Koutz 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: Resolutions Not Approved

Hold for Further Study

Resolution No. 159 (DE) (2007 NC): Exemption of Deduction from Unemployment Insurance Benefits Resolution No. 168 (SD) (2007 NC): Minimum of one full-time LVER and one full-time DVOP positions per Local Employment Office

Rejected

Resolution No. 20 (MD) (2007 NC): Eliminate the Department of Veterans Affairs Multifamily Transitional Housing Loan Program and Relocate the funding solely for supportive services grants for Homeless Veterans Resolution No. 110 (NY) (2007 NC): Oppose Efforts by the Department of Veterans Affairs to create a National Call Center for VA Education Benefits

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN PROCTOR: I move that the report be received and filed with the exception of two resolutions and one addendum. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion on the floor. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, same sign. The report is received and filed.

Resolution No. 31: Service-Disabled Veteran-Owned Business Status Origin: Economics Commission Submitted by: Economics Commission WHEREAS, A service-disabled veteran, as defined in 38 United States Code (U.S.C.) 101(2), is a veteran with a disability that is service-connected, as defined in 38 U.S.C. 101 (16); and WHEREAS, A service-disabled veteran-owned small business is a small business concern, at least 51 percent owned by one or more service-disabled veterans; or in the case of a publicly-owned small business, at least 51 percent of the stock is owned by one or more service-disabled veterans; and WHEREAS, Veterans Affairs, Public Law 106-50, the Veterans Entrepreneurship and Small Business Development Act of 1999, does not require any minimum disability rating. A veteran with a zero percent-rating letter is eligible to self-represent as a service- disabled veteran for Federal contracting purposes; and WHEREAS, Service-Disabled Veteran-Owned Businesses (SDVOBs) have competitive advantages in receiving Federal procurement contracts; and

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WHEREAS, Public Law No. 109-461 passed in December 2006 created additional benefits for surviving spouses of service-disabled veteran-owned businesses. The intent of the law was to ensure that a business owned by a veteran that received contracts based on the SDVOB status did not suffer because the veteran died; and WHEREAS, Spouses are able to retain the SDVOB status for up to 10 years if the veteran owned at least 51 percent of the company before their death; and WHEREAS, The law passed in December 2006 took into account the veteran who returns disabled but left a large gap in those service members who owned businesses who passed away in the line of duty; and WHEREAS, PL 109-461, Treatment of Businesses After Death of Veteran-Owner, neglected to take into account Reservists and National Guard members who owned businesses before their activation; and WHEREAS, PL 109-461 only transfers SDVOB status to the surviving spouse of a veteran who acquires ownership rights in a small business, if the death of a veteran causes a small business to be less than 51 percent-owned by one or more veterans; and WHEREAS, The transfer of status in the period beginning on the date on which the veteran dies only applies to a surviving spouse of a veteran with a service-connected disability rated as 100 percent disabling or who dies as a result of a service-connected disability; now, therefore, be it RESOLVED, By National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2007, That The American Legion support amending PL 109-461 to read that if any certified Service-Disabled Veteran-Owned Business veteran dies, regardless of disability rating, their spouse will retain Service-Disabled Veteran-Owned Business status in conjunction with PL 109-461; and, be it further RESOLVED, That The American Legion support that if a service member is killed in action and owns at least 51 percent of a business prior to his/her death, their dependents will be considered a Service-Disabled Veteran-Owned Business owner for reason of preference in Federal contracts; and, be it finally RESOLVED, That The American Legion support that if a member of the Guard or Reserve owns at least 51 percent of a small business and is mobilized and dies on active duty, the business then achieves Service-Disabled Veteran-Owned Business status.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This resolution is recommended by the Economics Commission, it’s approved by the Subcommission on NEC. I so move for adoption. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and a second. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, by the same sign. Motion carried.

Resolution No. 32: Elimination of The Department of Veterans Affairs Home Loan Funding Fee Origin: Economics Commission Submitted by: Economics Commission WHEREAS, The Department of Veterans Affairs (VA) Home Loan Guaranty program has been in effect since 1944; and WHEREAS, The VA Home Loan Guaranty program has afforded approximately 18 million veterans the opportunity to purchase homes; and

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WHEREAS, The VA Home Loan Guaranty program offers veterans a centralized, affordable and accessible method of purchasing homes in return for their service to this nation; and WHEREAS, Currently the loan guaranty limit is $417,000; and WHEREAS, The VA funding fee charged to veterans was enacted to defray the costs of the VA guaranteed home loan program; and WHEREAS, The program receives an annual average of $450 million based on the fees charged to veterans; and WHEREAS, The fee, currently 2.15% on no down payment loans for a first-time use, is intended to enable the veteran who obtains a VA home loan to contribute toward the cost of this benefit; and WHEREAS, The VA funding fee is required by law in which the money that is collected sustains that VA Home Loan program, however all money not used is profited and returns to a Department of the Treasury account not dedicated for any veterans program; and WHEREAS, Congress is not required to appropriate funding for this program; however, because veterans must now ‘buy’ into the program it no longer serves the intent of helping veterans afford a home; and WHEREAS, The funding fee makes the VA Home Loan program less beneficial than compared to a standard, private loan, in some aspects; and WHEREAS, 80 percent of all VA Home Loan participants must pay the funding fee; and WHEREAS, The current funding fee paid to VA to defray the cost of the home loan has had a negative effect on many veterans who choose not to participate in this highly beneficial program; now, therefore, be it RESOLVED, By National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2007, That The American Legion support the elimination of the VA Home Loan funding fee; and, be it finally RESOLVED, That The American Legion petition Congress to appropriate funding to sustain the VA Home Loan program.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This resolution is adopted by the Economic Commission and approved by the Subcommittee on Resolutions, and I move for adoption. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and a seconded. Any discussion? Hearing none, all those in favor by the normal sign of ‘Aye.’ Opposed, same sign. It is adopted. RESOLUTIONS SUBCOMMITTEE MEMBER KILE: Attached to the report was Addendum A. I move the action of the Economics Commission be the action of the NEC. …Seconded. NATIONAL COMMANDER CONATSER: There is a motion and second. Is there any discussion? Hearing none. All those I favor by the normal sign of ‘Aye.’ Opposed, same sign. Motion carried. NATIONAL COMMANDER CONATSER: Past National Comer? PAST NATIONAL COMMANDER COMER: Many of you have attended the ANIVICUS breakfast in Reno. It was noted by many that they were looking for [ANIVICUS Directory] books. I do have a small number and they are on display up on the third floor. It is one of the best books you can ever get because it has the names,

76 Proceedings of Wednesday, October 17, 2007 addresses and phone numbers of every member of the ANIVICUS. So if you need one, Jennifer Norton has them. Then tomorrow, I’ll be presenting to some of the NECmen a list of those delinquent members for ANIVICUS. I’ve asked you to go back and try to collect those monies from those members and to pay their dues if they want to continue. If you find someone not in there each and every year, take them off the list. Tell Jennifer to take them out of the book. NATIONAL COMMANDER CONATSER: We will come back to order at promptly at 1:30 p.m. We’re actually getting out of here a little early. Join me in the salute to our flag. One. Two! We stand in recess until 1:30 p.m.

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Wednesday, October 17, 2007 Afternoon Session

…The National Executive Committee was called to order by National Commander Martin F. Conatser at 1:30 p.m. NATIONAL COMMANDER CONATSER: Right hand salute to our National Colors. One. Two! …At this time, National Vice Commander Burns assumed the chair. NATIONAL COMMANDER CONATSER: I’d like to introduce to you the leader of the world’s largest patriotic organization, the American Legion Auxiliary. From Wisconsin is Mrs. Jan Pulvermacher-Ryan. Will the Sergeant-at-Arms escort her and the Wisconsin National Vice Commander, David Korth. Last night, I stopped by a little banquet, I believe, and she had some strangely dressed people. I told her I didn’t think that we would have that scenery today.

President of the American Legion Auxiliary Jan Pulvermacher-Ryan, Wisconsin

It’s my pleasure to be here with you this afternoon, representing, as Marty said, the largest women’s patriotic organization and the greatest organization of women that is alive today. As Marty just said, we did have a banquet last evening, and, as typical, we have our chairman really, I guess act, if you will. They put on a skit and last night it was how they thought that I should dress in the future. I said not in their lifetime would I dress like that. But I told Marty that what happened in that room should stay in that room. He didn’t promise, so he didn’t break his word. But we had a good time, and I think everyone enjoys people who do that and can make fun of themselves. They see the national president as a real person. I know that when I was at Girls State, we used to do those kind of things and it was, like wow, and I said well, you know, you girls didn’t invent everything that you are trying to pull on us here. We’ve been there and we know when you Saran Wrap the johns and put Vaseline on the doorknobs and all that kind of stuff. But to be serious for a moment, I certainly extend my congratulations to all of you if you are new NECs or if you are continuing. I know your organization works in quite a different fashion than the Auxiliary. Every year we have a new NEC from each of our departments, and so that makes it probably a little tougher for us to govern unlike you gentlemen who continue in your rolls for a number of years. You get familiar with what you need to do and what needs to be done. But certainly our organization always supports you and your programs. We stand ready to help you in any way that we can. I know I speak for all of the members of our organization when I say that’s our task, to help you. We certainly have our own programs, as you know, but they really go hand-in-hand with those that you have. My focus this year is on kids. I think it’s so important that we recognize that there are so many children who are missing, abused and sometimes by parents and friends, which is really unfortunate. But I think it’s the least thing that we can train for. As parents, no one really sets us up to go to school to learn how to be a good parent and I think we can help in our organizations to try to do that for them. We certainly stand in support of our military and we certainly support all the veterans programs. I was with the Commander when we walked the Hill. I’m hoping that we can push forward that budget this year so that veterans all over get what they need, because, as I said, and we’ve talked about, a veteran, is a veteran, is a veteran. It doesn’t

78 Proceedings of Wednesday, October 17, 2007 matter whether you’ve been wounded in combat or not. When you have a need, the government should be there for you. They made a promise and they need to live up to it, in my opinion, at least, and I’m sure all of you in this room feel the same way. My focus or my project this year is an endowment fund for the children of the military. We’re calling it ‘Educating the Children of Warriors.’ So if you are asked by one of the Auxiliary members in your department to contribute, I hope you will consider doing that for us. We want to establish a $1.2 million endowment fund for the 1.2 [million] military kids that exist in the world today. They sacrifice so much more for all of us, than we are expected to do in our comfortable homes back home, so I hope you’ll join me in that effort and endeavor. We just completed our president’s and secretary’s conference, very successfully I might add. The evaluations that are coming in are wonderful. We tried something new and different this year. We’re doing a president’s track and a secretary’s track because we felt that they needed newer and different challenging things for each group. Some of them connected and we had some outside speakers helping us understand about each personally, as well as that of our organization. Then also how to just represent themselves as they travel for the American Legion Auxiliary and, actually, for The American Legion. The presidents, just like our commanders, are the voice and the face of our organization. They are the ones who are out and about doing the job for all of us. So we felt that they needed some help and some training to help them get to that point. I’m looking forward to being with you this evening at your banquet. I have the officers upcoming this year that are going to participate with me in that event, and we’re looking forward to sharing some hospitality with all of you. I want to thank you sincerely for your service to the nation as you served in combat or wherever you might have been during your time of service, but I also thank you for your continuing service to our veterans, to the military, our kids and our communities. I keep saying the world needs our American Legion family now today more than ever, and your support of all that you do is just outstanding. I complement you. I wish you all well. I wish Marty a successful year. Membership is important. He’s talking about the value of membership. Our programs are important. If we work at it all, we can be successful at the end of the year. My compliments to all of you. God love you all.

NATIONAL COMMANDER CONATSER: At this time I call on Clarence Hill, Chairman of the National Security Commission for a report.

Oral Report: National Security Commission Clarence E. Hill, Florida, Chairman

You have a copy of the National Security Commission’s written report before you. I’ll just provide some highlights. The Commission met on Monday and Tuesday to considered four resolutions. The good news at this juncture is the House and the Senate passage of both the Defense Authorization and the Defense Appropriation Bills before recessing for Columbus Day weeklong holiday. The bad news is that both of these bills have to be resolved by conference committees and those have yet to start their work. Mostly, majority party attempts to speed or withdraw of our troops from Iraq did not happen. The Defense Authorization represents a 9.5 % increase over last year. It includes a 3.5% pay raise and bars DOD from increasing the TRICARE premiums, deductibles and co-pays. Additionally, both Houses adopted an increase in the Army’s in-strength by over 74,000 over the next four years, and the Marine Corps in-strength by over 9,000 during the same period. The Active Army again made its recruiting goal of 80,000

Proceedings of Wednesday, October 17, 2007 79 soldiers. Congress also made progress in reducing the inequitable widows tax, the unfair offset of survivors benefits by veterans’ DIC for thousands of military survivors who are mainly the widows of disabled retiree veterans. Both the House and Senate also passed their versions of the Wounded Warrior Act, which addressed the care and treatment of our wounded warriors to include ending the inconsistent ratings awarded for the same disabilities by DOD and the VA and provides more funding for the diagnosis, treatment and rehabilitation of traumatic brain injuries and PTSD. Implementing the recommendations of the Presidential Dole/Shalala Commission and the sweeping recommendations of the Veterans Disability Benefits Commission are still to be addressed. While progress is being made, more needs to be done, such as continuing to improve the conditions of Walter Reed Army Medical Center, completely reforming the Army’s Physical Evaluation Board Process and coordination of the DOD to VA transition. These improvements are all in the mill.

Report: National Security Commission October 15, 2007 Clarence E. Hill, Florida, Chairman

An executive session of the National Security Commission met in the Circle Center Room (Lower Level) of the Radisson Hotel on October 15, 2007 to consider resolutions properly before it and to conduct other business. A total of four resolutions were considered and none were recommended for adoption. Commission Chairman Clarence Hill and staff discussed the House and Senate adopted versions of the Fiscal Year 2008 Defense Appropriations bills and Defense Authorization bills, which both passed their respective Houses. Congress had passed a Continuing Resolution to fund the Government through November 16th. Also discussed were those key issues which The American Legion supported, some of which were adopted. Both the National Defense Authorization and Appropriations bills will be resolved by Conference Committee. Chairman Hill also discussed speakers for the Washington Conference as well as initial planning for a possible pre-convention trip to Luke Air Force Base near Convention City, Phoenix, Arizona. National Security and Foreign Relations Director, Colonel Phil Riley, was introduced to the Commission. On Tuesday, October 16, 2007, the new Department Commanders were briefed on national security issues; and the National Security Commission met jointly with the Foreign Relations Commission and viewed videotapes of mutual interest to both Commissions. As mentioned, the FY2008 National Defense Appropriations Bills and the National Defense Authorization Bills were passed by both Houses of Congress before they left on their week-long Columbus Day recess. The National Defense Appropriations spending bill of $459 billion is the largest annual Defense budget since the Vietnam War. The total cost of the Global War on Terrorism is already over one-half trillion dollars ($507 billion) thus far. The military pay raise is set at 3.5 percent beginning on January 1, 2008. An active duty force of over 1.5 million in the Army, Navy and Air Force was authorized and funded which will include an increase of 74,000 more active Army troops over four years, and 9,000 more Marines over the next year. More Navy ships were funded as well as more F-22 Raptors, F-35 Joint Strike Fighters and C-17 airlifters. As mentioned, the Fiscal 2008 Defense Authorization bill, which authorizes over $645 billion in national security programs, was passed by both houses of Congress and includes some $142 billion in emergency funding for the war. There were also a number

80 Proceedings of Wednesday, October 17, 2007 of approved policy issues which The American Legion had supported including provisions rejecting DoD-proposed TRICARE co-payment and prescription fee increases for 2008. The Senator Nelson (FL) amendment would eliminate the Widows’ Tax (SBP/DIC offset) and accelerate 30-year paid-up Survivor Benefit Plan coverage for military retiree veterans from October 1, 2007 to 2008. Combat-Related Special Compensation provisions for Chapter 61 military disability retirees passed in the House and Senate. The Senator Reid (NV) amendment would provide more immediate concurrent receipt to disabled retirees deemed “unemployable” by the VA and would be retroactive to January 1, 2005; however, there was no accompanying bill in the House. The Chambliss (GA) amendment would reduce the Reserve retirement age by three months for each 90 days served on active duty since 9/11/01. The Wounded Warrior Act was also reinserted into the Senate National Defense Authorization. It addresses the care and treatment of our wounded warriors to include: Ending the inconsistent ratings awarded for the same disabilities by DoD and the VA; more funding for the improvements in diagnoses, treatment and rehabilitation of servicemembers with traumatic brain injuries and post traumatic stress disorder (PTSD); extended eligibility for VA healthcare for combat veterans from two to five years after discharge; increasing minimum severance pay to one year’s basic-pay for all those separated for disabilities included in combat zones, six months for non-combat zone disabilities; eliminate the provision that severance pay be deducted from disabilities occurred in combat zones or combat-related operations; and others. Wounded Warrior provisions were also adopted by the House, so the final package will have to be resolved in Conference. The President is requesting that Congress hold up on this legislation in order to consider the Bush administration’s own plan. The National Security Commission thanks National Commander Marty Conatser and the National Executive Committee for their outstanding support.

Addendum A: Resolutions Not Approved

Disposed of Administratively Resolution No. 60 (OH) (2007 NC): The American Legion Honoring John Holley

Rejected Resolution No. 104 (KS) (2007): Atomic Service Medals for Atomic Testing Veterans Resolution No. 137 (MN) (2007): Military Funeral Honors

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN PROCTOR: I move the report as the National Security Commission be received and filed. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and a second. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, by the same sign. Received and filed. RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN PROCTOR: The National Security Committee has no resolutions and one addendum, and I move the action of the National Security become action of the National Executive Committee. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion seconded on the floor. Any discussion? Hearing none. Approved by the normal sign of ‘Aye.’ Opposed, by the same sign. Approved.

Proceedings of Wednesday, October 17, 2007 81

I call on Denver Phelps, the National Sergeant-At-Arms, for an explanation, probably the right way to say that.

NATIONAL SERGEANT-AT-ARMS PHELPS, SR.: I’m an excited man right now. Some of you know about it, some of you probably don’t. We went to lunch over at the Scottish Rite Cathedral and noticed the U.S. Flag was in tatters; it was in a mess. So as quick as I got in the door, I went right to the window and told the lady that she needed to replace her flag. Well, I didn’t make her mad. I never have made anybody mad doing that. She said, “Before you leave the building, it will be replaced with a new one.” Well, I went on down to the cafeteria, messed around. I was exploring. I’ve never been in that cathedral. I’m a member. I ran into a man who is the manager and also a police officer. We’ve talked. He’s good friends with Paul Allen here in The American Legion. He said, “That will be taken care of. I appreciate you bringing it to our attention.” As far as I’m concerned, nobody should have had to have tell him or them, that the flag was bad. So unbeknownst to me, I came out and it wasn’t replaced. So I went back in. She said, “We don’t have one, we’ll get one.” Well, in the mean time, the Western Caucus raised $132.00 for a flag. So I came back here and talked to Mary. She called Emblem Sales. We can get three 5x8 polyester flags for that money, $132.00, and there will be a few dollars left. With the permission of the Western Caucus, we’d like to donate a few dollars of that to Children and Youth. Thank you very much for that kind gesture. It’s too bad an organization as big as the Scottish Rite and the Masonry has to do that to get a flag, but that’s who we are. Right? That’s what we do.

NATIONAL COMMANDER CONATSER: I thought that was a perfect example of what we do and the value of membership. I call on Dennis R. Boland, Chairman of the Children & Youth from Florida for the purpose of a report.

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

The National Commission on Children & Youth met at the Sheraton Hotel on Monday and Tuesday, October 15th and 16th, 2007. The Commission heard a special presentation on the Mercy Medical Airlift, an organization dedicated to serving the medical needy by providing charitable air transportation. Since 1999, The American Legion has contributed more than $24.4 million for the Children’s Miracle Network. More than $4.6 million last year alone. These funds are used by the Children’s Miracle Network hospitals to best serve the specific needs of children in their respective communities. During the 2007-2008 program year, the Commission encourages all Legion family members to participate in community-based fundraising efforts to support the Children’s Miracle Network hospitals. As a corporate sponsor of the Children’s Miracle Network, The American Legion helps touch the lives of 17 million children across America every year. The Commission examined our Children & Youth materials. ‘Make Halloween a Fun and Save Night’ continues to be our most popular publication with nearly 158,000 brochures distributed to posts, units, squadrons and individuals during the 2006-2007 program year. In total, during this time period, the Commission distributed over 426,832 brochures to assist posts in serving children of their communities. Three new brochures were produced in 2007: ‘Play It Safe,’ ‘The Family Support Network,’ and ‘Serving

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America.’ The ‘Serving America’ brochure was developed as a general public piece to illustrate the Four Pillars of The American Legion. As of October 16, the Temporary Financial Assistance Program has processed 381 cases, granted $414,000 and assisted 876 children of veterans. For the 2006-2007 year 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, $29,657,000 in expenditures and contributions. The American Legion Child Welfare Foundation in its 53rd year has awarded $530,700 to 18 non-profit organizations. Summaries of these grants are contained in the written report. Foundation grants awarded since 1955, now total over $9 million. Commander, now I’d like to call Past National Commander Paul Morin to the podium, for presentation. It was an oversight at our National Convention when I was at the podium and presenting the Child Welfare Awards that I forgot to give the National Commander his diamond lapel pin for The American Legion’s contribution of $167,000. After review and discussion, the Commission recommends approval of one resolution, ‘Support for Special Olympics’ that was forwarded to your Subcommittee on Resolutions.

Report: Commission On Children & Youth October 15-16, 2007 Dennis R. Boland, Florida, Chairman

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, 2007. 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 reviewed and approved.

The Commission heard one special presentation.

Mercy Medical Airlift Lee Duckworth, Vice President of Program Development for Mercy Medical Airlift (MMA), offered his thanks to the American Legion Child Welfare Foundation and the Commission for their generous support over the past eleven years and provided a program overview, highlighting those areas directly benefiting children and veterans. Mercy Medical Airlift (MMA) is a nonprofit organization dedicated to serving people in situations of compelling human need through the provision of charitable air transportation. MMA is totally supported through charitable giving and the services of volunteer pilots and office assistants. MMA manages and coordinates large-scale charitable air medical transportation programs for individuals, often children, who need access to medical research centers and disease-specific treatment programs. The Commission received brochures, newsletters, and website examples, as well as compelling statistics that showed the dramatic increase in numbers of missions and children that Mercy Medical Airlift has been able to serve. Mr. Duckworth presented potential partnership opportunities for The American Legion and Mercy Medical Airlift and closed with a testimonial of how MMA was able to provide medical transportation for an injured child whose father was deployed to Iraq.

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Children’s Miracle Network Children require specialized medical care and attention that only children’s hospitals can provide, and Children’s Miracle Network hospitals are committed to treating every disease and injury imaginable. This comprehensive, round-the-clock commitment means Children’s Miracle Network hospitals need to have the skills, equipment and staff available at anytime. The funds contributed by The American Legion ensure that the best care is available whenever children need it and through our continued support, we are truly making miracles happen. Since 1999, The American Legion has contributed more than $24.4 million for Children’s Miracle Network, more than $4.68 million last year alone. These funds are used by Children’s Miracle Network hospitals to best serve the specific needs of children in their respective communities. During the 2007-2008 program year, the Commission encourages all Legion Family members to participate in community-based fundraising efforts in support of Children’s Miracle Network hospitals. As a corporate sponsor of Children’s Miracle Network, The American Legion helps touch the lives of 17 million children across America.

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 158,000 brochures distributed to Posts, Units, Squadrons and individuals during the 2006-2007 program year. The objective of this unique brochure is to educate those children and parents choosing to participate in Halloween “trick-or-treating” about potential safety hazards and inform them how to avoid them. Three new brochures were produced in 2007-Play It Safe, Family Support Network and Serving America. The Play It Safe and Family Support Network received a major overhaul. The Serving America brochure was developed as a general public piece to illustrate the Four Pillars of The American Legion. All three brochures are available through the Americanism and Children & Youth Division. During the 2006-2007 program year, the Commission distributed over 426,832 brochures, at no cost, 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 2006-2007 program year, the National Organization approved cash grants totaling over $472,714. These funds were used to help maintain the basic (shelter, utilities, food, clothing) and medical needs of 1,108 children of eligible veterans located in communities throughout this nation.

Children & Youth Expenditures & Contributions Annually, as it has for the past 84 years, the Commission on Children & Youth records activities from the nearly 14,000 Posts of The American Legion, 10,000 Units of the American Legion Auxiliary, and hundreds of Salons of the Eight and Forty. 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.

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For the 2006-2007 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 $29,657,178 in expenditures and contributions.

American Legion Child Welfare Foundation, Inc. The American Legion Child Welfare Foundation, in its 53rd year, has awarded $530,700 to 18 non-profit organizations. 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, 2007. The following is a brief summary of the grants awarded this year: American Legion Children’s Home of Ponca City, Oklahoma was awarded $64,000 for their project titled “American Legion Children’s Home National Awareness Initiative.” This grant will produce DVDs, brochures and a website in support of a national campaign to raise awareness and funds for the children’s home. The American Legion Auxiliary and the Sons of The American Legion sponsor this grant. American Humane Association of Englewood, Colorado was awarded $24,879 for their project titled “Exploring Differential Response.” This grant will produce and distribute 7,500 copies of the Protecting Children journal. The Sons of The American Legion sponsors this grant. Big Brothers Big Sisters of McHenry County, Inc. of McHenry, Illinois was awarded $24,351 for their project titled “Mentoring Answer Book.” This grant will produce and distribute the Mentoring Answer Book and the Mentoring Handbook for Parents to 2,034 mentoring agencies throughout the nation. The American Legion Auxiliary and the Sons of The American Legion sponsor this grant. Childhood Leukemia Foundation of Brick, New Jersey was awarded $42,000 for their project titled “Hope Binders.” This grant will produce and distribute binders, with templates and support materials, to 140 pediatric oncology hospitals throughout the United States to help families begin to feel some degree of control over devastating circumstances Children’s Hunger Alliance of Columbus, Ohio was awarded $20,000 for their project titled “CARES Project.” This grant produces and distributes two hundred CARE kits to family child care providers nationwide. These kits provide the tools child care workers need to provide children with quality early learning experiences. Family & Children’s Service of Minneapolis, Minnesota was awarded $40,000 for their project titled “Family Strengths Toolkit.” This grant will produce and distribute a fun, interactive printed publication that will provide children and families with opportunities to spend time together while learning what makes them strong as a family. Give Kids The World of Kissimmee, Florida was awarded $14,700 for their project titled “Dream & Go Guides: Handbooks for Happiness.” This grant will produce and distribute Dream & Go Guides to ensure that the one-week stay of children with life- threatening illnesses and their families is the vacation of a lifetime that provides joy and memories that endure long term. Kids In Danger of Chicago, Illinois was awarded $16,400 for their project titled “Safe from the Start.” This grant will produce and distribute child safety materials (brochures, checklists and newsletters) to health care professionals, childcare providers and parents nationwide. Mercy Medical Airlift of Virginia Beach, Virginia was awarded $43,000 for their project titled “Child Health Program.” This grant will develop and modernize five websites providing information to the public and the pediatric medical world regarding

Proceedings of Wednesday, October 17, 2007 85 available charitable child patient long distance medical air transportation. The American Legion Auxiliary and the Sons of The American Legion sponsor this grant. National Ability Center of Park City, Utah was awarded $9,600 for their project titled the “Summer Camp Brochures.” This grant will produce and distribute 12,000 brochures to educate parents of the quality summer camps and year-round programs designed to meet the special needs of children with disabilities. The Sons of The American Legion sponsors this grant. National Autism Center of Randolph, Massachusetts was awarded $39,150 for their project “Implementing Evidence-based Educational Interventions for Children with Autism Spectrum Disorders in School Settings.” This grant will produce and distribute a publication targeted to provide school systems with a tool that will enable them to more effectively serve students with ASD within their school systems. National Exercise Trainers Association of Minneapolis, Minnesota was awarded $25,870 for their project titled “Fitness for Today’s Youth.” This grant will produce and distribute manuals and journals through schools, Boys and Girls Clubs and YMCAs to educate, motivate and reinforce the concept of healthy, active lifestyles. National Exchange Club Foundation of Toledo, Ohio was awarded $39,866 for their project titled: “Believe in the Blue Campaign.” This grant will produce and distribute materials (parenting cards, posters, fact sheets, public service announcements, ads and press releases) designed to provide families across the nation with tips on positive parenting. National Indian Child Welfare Association of Portland, Oregon was awarded $24,625 for their project titled: “Ensuring the Seventh Generation: Youth Suicide Prevention Toolkit.” This grant will produce and distribute toolkits to guide tribal child welfare workers and programs throughout the United States in implementing early suicide prevention and intervention methods. The American Legion Auxiliary sponsors this grant. National Marfan Foundation of Port Washington, New York was awarded $25,000 for their project titled: “Marfan Teen Space.” This grant will produce an online teen community space on the organization’s website that will provide a safe place for teens with Marfan Syndrome to network “virtually” through a medium that is popular for their age group and provide teen-specific information on Marfan syndrome. Our Military Kids, Inc. of McLean, Virginia was awarded $33,800 for their project titled “Our Military Kids Informational Materials Phase II.” This grant will produce a quarterly newsletter and develop a dynamic, user-friendly website to assist in making essential extracurricular activities, including tutoring, available to the school-aged children of deployed and severely injured Reserve and National Guard personnel. The American Legion Auxiliary and the Sons of The American Legion sponsor this grant. TechMission of Dorchester, Massachusetts was awarded $5,000 for their project titled “Safe Families.” This grant will produce and distribute 50,000 copies of parental control software and provide online safety manuals and resources to 1 million visitors through their website. The Sons of The American Legion sponsors this grant. ZERO TO THREE of Washington, DC was awarded $38,459 for their project titled “Coming Together Around Military Families.” This grant will produce books, flyers and kits to encourage collaboration throughout civilian and military communities and provide professionals with strategies and resources to support the unique needs of military families with young children. The American Legion Auxiliary and the Sons of The American Legion sponsor this grant.

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Resolutions After review and discussion, your Commission recommends approval of one (1) resolution titled as follows: • Support for Special Olympics 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 PROCTOR: I move that the report be received and filed, with the exception of one resolution. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and a second on the floor. Any discussion? All in favor by the normal sign of ‘Aye.’ Opposed, same sign. Received and filed.

Resolution No. 33: Support For Special Olympics Origin: Commission on Children & Youth Submitted by: Commission on Children & Youth WHEREAS, Intellectual disabilities affect about one in ten families in the United States; and WHEREAS, The American Legion since 1919 has advocated on behalf of our nation’s children to ensure “A Square Deal for Every Child”; and WHEREAS, Resolution No. 335—“Intellectual Disabilities,” adopted at the 88th National Convention of The American Legion, calls upon The American Legion “to alert the public through awareness and education programs designed to change the negative attitudes and prejudices concerning our nation’s intellectually disabled children”; and WHEREAS, Special Olympics, an international nonprofit organization dedicated to empowering individuals with intellectual disabilities to become physically fit, productive and respected members of society through sports training and competition, seeks to change negative attitudes and misperceptions about people with intellectual disabilities, replacing stigma and rejection with an emphasis on potential, ability and acceptance; and WHEREAS, The American Legion family, through our volunteer involvement and financial contributions at the department and community levels, has helped support the mission of Special Olympics for over 30 years, and continues to pursue ways to assist Special Olympics in their worthwhile endeavors; and WHEREAS, Support of Special Olympics programs will enhance the lives of children with intellectual disabilities and combat negative attitudes about the intellectually disabled through public awareness; and WHEREAS, The National Commission on Children & Youth has reviewed this resolution and recommends its approval; 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, 2007, That The American Legion adopt Special Olympics as a national children and youth project and participate in their programs to assist in providing year-round sports training and athletic competition to millions of children and adults with intellectual disabilities in the United States and around the world; and, be it finally

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RESOLVED, That The American Legion urge all its Posts, Districts and Departments to work with and support the Special Olympics programs in whatever capacity that they so choose to increase quality of life opportunities for children and adults with intellectual disabilities.

RESOLUTIONS SUBCOMMITTEE MEMBER OWEN: This has the approval of your National Commission on Children and Youth, and Subcommittee on Resolutions, and I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and a second on the floor. Any discussions? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, same sign. Approved. Hold on a minute. Don’t run off. At this time, do we have anyone who would like to make a donation? NATIONAL EXECUTIVE COMMITTEE MEMBER BROWING, Maryland: Mr. Commander, the Department of Maryland has $3,000 for the Child Welfare Program. NATIONAL COMMANDER CONATSER: Any other donations at this time? NATIONAL EXECUTIVE COMMITTEE LORING, Tennessee: Mr. Commander, a thousand dollars from Tennessee. CHAIRMAN DENNIS BOLAND: Thank you again, Commander. I appreciate it. …At this time, National Commander Conatser resumed the Chair. NATIONAL COMMANDER CONATSER: I call on K. Robert Lewis, Chairman of The Veterans Affairs & Rehabilitation Committee, for purpose of a report.

Oral Report: Veterans Affairs & Rehabilitation Committee K. Robert Lewis, Connecticut, Chairman

Comrades, Winston Churchill once remarked that the price of greatness is responsibility. I want to share with you some of the responsible actions taken by the National Veterans Affairs & Rehabilitation Commission over this past year in fulfilling its mission as one of the Four Pillars, which formed the foundation of this great organization. The Fall Meetings gives me the opportunity as chairman to reaffirm to you as leaders of The American Legion what mandates you have empowered the VA&R Commission with and what efforts we have taken to reach the bar of excellence long established by my predecessors on the Commission and strived for by the more than 110 volunteers and dozens of dedicated national staff led by our director, Peter Gaytan. Mr. Commander, 2007 will stand as an important marker in the annuals of veterans’ history. The American Legion maintains its historical preeminence as the lead veterans’ service organization, due in no small part to the efforts of your national VA&R staff. American warriors are engaged in asymmetric battlefield of the global war on terror, experiencing devastating wounds and visual injuries and incapacitating mental health maladies, including PTSD and TBI. You have in your packet Resolution No. 30, ‘The American Legion Policy on Traumatic Blast Injuries’ which is as important to the veterans of this generation as The American Legion Policy on Agent Orange has been to Vietnam Veterans. As the global war continues to evolve, your VA&R Commission will continue to exercise our mandated oversight and serve our comrades in arms. This year, as you may know, your Veterans Affairs & Rehabilitation Commission placed a service representative in the Walter Reed Army Medical Center to assist service

88 Proceedings of Wednesday, October 17, 2007 members in their transitioning efforts by providing claims assistance for physical evaluation board and medical evaluation boards. Jerry Johnson is doing a great job and is a valuable resource to helping soldiers with their cause and their cases. After reports of the substandard treatments of soldiers at Walter Reed, the President created a President’s Commission on Care for America's Returning Wounded Warriors which is the Dole/Shalala Commission. The Commission’s findings and recommendations are nothing new to The American Legion as we have testified on several of the key areas, and their findings have been introduced. The American Legion supports issues including designating a single recovery coordinator, simplifying the claims disability process, identifying and screening veterans returning immediately upon their return from a combat zone; enhancement of the DOD Family Support Programs, and finally creating an information center which will allow for the timely unfettered exchange of medical records between DOD and the VA. Additionally, we have testified before the Veterans’ Disability Benefits Commission, which was created, to study benefits under the laws provided to compensate and assist veterans and their survivors for disabilities and deaths attributable to military service. In its final report to Congress and to the President, the VDBC made 114 recommendations, some requiring legislative authority, others requiring administrative action. The American Legion Veterans Affairs & Rehabilitation Commission staff has been instrumental in the construction of these recommendations, providing testimony and insight to ensure that the recommendations may best serve the needs of Americas’ veterans. The American Legion has agreed with most of the recommendations made on both of these Commissions, with a few exceptions. The VDBC recommended changing the character of discharge standard to require that all future VA benefits be bared when an individual is discharged from the last period of active service with a bad conduct or a dishonorable discharge. Although The American Legion fully supports initiatives to expedite the claims process and reduce the claims backlog, we are concerned and remain so, that any arbitrary timeframe to cut in half the claims backlog may not serve the interest of those that the DVA has intended to serve. VA&R will continue to monitor any progress made on the recommendations. We will stand as the agent of America’s veterans on behalf of The American Legion. Mr. Commander, I want to express my thanks to you and your staff. Some of our national staff is here with our Director Peter Gaytan: Jacob Gadd and Shannon Middleton do a yeoman’s work. They are well-recognized in Washington. The efforts of The American Legion Veterans Affairs & Rehabilitation Commission are legend. I feel honored to serve as their Commission Chairman.

Report: Veterans Affairs and Rehabilitation Commission October 15-16, 2007 K. Robert Lewis, Connecticut, Chairman

The National Veterans Affairs and Rehabilitation Commission met on October 15- 16, 2007, at the Sheraton-Panorama B Room for the purpose of considering those matters that had previously been referred for study and to discuss other current matters. Presiding: K Robert Lewis (CT), Chairman. Present at the meeting were: Gard W Enman (ME); John J. Lynch (MI); Teddy L. Duckworth (WI); Jack Mitchell (MT); K. Robert Lewis (CT); Eddie D. Mohler (OH); T. Les Galloway (OR); Wendall J. Sandell (PA); Robert E. Gosa (MS); Timothy M. Tetz (NV); Thomas Mullon (MN); and Marvin Siegfried (HI).

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Also in attendance were Richard Coccimiglio, Alternate NECman (PA); Jack Ford (NV); and Joe Gladden (MD), National VA&R Chairman of the Sons of The American Legion. Veterans Affairs and Rehabilitation Division staff members present were: Peter S. Gaytan (MD), Director, Shannon Middleton, Deputy Director for Healthcare, Jacob Gadd (DC), Assistant Director for Program Management and Jerry Johnson (VA), Physical Evaluation Board (PEB) Representative. Matters Received, Considered and Acted Upon By The Commission:

Resolutions Your Subcommittee considered 14 resolutions. Two (2) originated in the VA&R Commission. Nine (9) resolutions were referred for consideration by the 2007 National Convention. One (1) was referred by the 2006 National Convention. One (1) was referred from a Department Executive Committee. One of the resolutions was sent to the Finance Commission for their submission to the National Executive Committee: (Origin: Veterans Affairs and Rehabilitation Commission) Agreement with the National Veterans Legal Services Program—2008 Three of the others were forwarded to the National Executive Committee for adoption: (Origin: Res. 142 (MN) (2007 National Convention) Rounding Up Department of Veterans Affairs Benefits for 50 Cents or Higher (Origin: Veterans Affairs and Rehabilitation Commission) The American Legion Policy on Traumatic Blast Injuries (Origin: Veterans Affairs and Rehabilitation Commission) Improvements to Implement a Seamless Transition

The Commission then discussed the following issues:

The American Legion Involvement In VA Voluntary Service (VAVS) One of the most significant ways that we can help our fellow veterans is through our volunteer efforts in the VA Voluntary Service (VAVS) Program. For FY 2006, there were 6,720 volunteers that contributed 947,464 hours. For FY 2007, 6,502 volunteers contributed 909,137 hours, a decrease of 4 percent. Each Department is asked to host an “VAVS open house” program “inviting” potential volunteers from their organization, families, youth groups, friends, co-workers, etc during this fall season. Each Department should target a 5-10% increase in Regularly Scheduled (RS) and Occasional volunteers at each VA Medical Center, which would result in an increase in total volunteer hours. The key area of the VAVS Program is the VAVS Representatives and Deputy Representatives assigned at your VA health care facilities. As importantly, we need to ensure the right people are in these positions. We need people who not only volunteer, but people who will help to recruit volunteers and keep our organization informed about what we can do. Recently, a letter was sent to all Adjutants requesting a VAVS Liaison or Department Point of Contact for all Department VAVS matters. This volunteer can help maintain the VAVS Representatives and Deputies database, increase visibility and accountability of VAVS efforts and offer recommendations for program enhancement. I thank those Departments who have offered their support and submitted a nomination and continue to ask those who have not, to do so.

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Resolutions Each year we receive resolutions from the Departments that seek support for certain bills. I would like to remind you that the Legion does not endorse specific pieces of legislation. By the nature of the legislation process, what is introduced, as a bill may not resemble the final product that is crafted. Therefore, The American Legion has policy positions on issues, but never has resolutions in support of specific bills. In the past, the VA&R Commission has expressed its concerns about developing national policy in response to proposed resolutions regarding local initiatives and facilities. The Commission is reluctant to endorse certain local initiatives or options to the exclusion of others, or to support one initiative in a geographic area as a higher priority than one somewhere else. Numerous worthwhile projects often compete for limited resources. To endorse a specific local project could put The American Legion in conflicting situations because multiple projects often compete for priority. Consequently, the Commission proposes to support local efforts administratively, to the extent possible, through the expertise and resources of the division, and to refrain from establishing national policy on site-specific issues. In some cases, resolutions from previous National Conventions and/or Spring and Fall NECs are resubmitted after they have been rejected. In the case of a resolution being rejected, the sponsoring Department should contact me at National headquarters to understand why. Normally, resolutions are rejected because of not having clear intent, contradicting current policy, and not including any background or supporting information.

Addendum A: Resolutions Not Approved

Hold for Further Study Resolution No. 112 (NY) (2007 NC): Oppose Efforts by the Department of Veterans Affairs to Create a Virtual Information Center Resolution No. 150 (MN) (2007 NC): Increase The Department Of Veterans Affairs Fee-Based Limitation For Medical Care Resolution No. 152 (MN) (2007 NC): Support A Change In The Federal Regulations To Provide For A Temporary Total Rating

Disposed of Administratively Resolution No. 3 (AK) (2007 NC): Department of Veterans Affairs Study for a Community-Base Outpatient Clinic in Southeast Alaska Resolution No. 87 (SC) (2007 NC): Construction of a New Department of Veterans Affairs Medical Center in Upstate South Carolina Resolution No. 139 (MN) (2007 NC): American Legion Oppose Any Recommendation to Alter current Law Regarding Service Connection Resolution No. 162 (WI) (2007 NC): Construction of a Fisher House on the grounds of Milwaukee VA medical center Register Resolution No. 2572 (CA) (DEC): Oppose United States Army Reserve Selling Land Plot in Los Angeles

Rejected Resolution No. 137 (WA) (2006 NC): Licensing and Credentialing of VA-Employed and Contracted Medical Practitioners Resolution No. 164 (WI) (2007 NC): Congress Authorize And Fund The Construction Of Columbaria

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RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN PROCTOR I move that the report be received and filed, with the exceptions of said three resolutions and one addendum. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion to receive and file. Any discussions? Hearing none. All in favor by the normal sign of ‘Aye.’ Opposed, by the same sign. Received and filed.

CHAIRMAN LEWIS: On a personal note before you start this. We’ve got Jerry Johnson working at Walter Reed. A friend of my families was injured in Iraq. We could only get very sketchy information, I made a call to Jerry. He assisted the family. Like most families, they were immediately in their car trying to get to Walter Reed with no idea what they were going to do when they got there. It’s not exactly what he was hired to do, but he directed them to the right places, and got them taken care of. It is something we should be proud of, that we have a person onsite doing the things that are necessary.

Resolution No. 28: Rounding Up Department of Veterans Affairs Benefits for 50 Cents or Higher Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, To maintain the worth of veterans’ benefits, they must be adjusted to keep pace with the rise in the cost-of-living; and WHEREAS, Permanently rounding down the adjusted rates to the next lower dollar amount will erode the value of these benefits over time and thus not keep pace with the rise in the cost-of-living; and WHEREAS, Permanently rounding down veterans’ cost-of-living adjustments unfairly singles out veterans for a disproportionate and unfair burden in deficit reduction; 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, 2007, That the members of The American Legion request reinstatement of generally accepted accounting practices to include rounding up for 50 cents or higher.

RESOLUTIONS SUBCOMMITTEE MEMBER RAKESTRAW: This has the approval of your Veterans Affairs and Rehabilitation Commission and your Subcommittee on Resolutions, and I so move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and second. Is there any discussion? Hearing none. All in those in favor by the normal sign of ‘Aye.’ Opposed, same sign. Resolution is adopted.

Resolution No. 29: Improvements to Implement a Seamless Transition Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, The President’s Commission on Care for America’s Returning Wounded Warriors was established to implement much needed reforms to ensure a seamless transition for those who were severely wounded in theater in support of Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF); and WHEREAS, Service members and their dependents are easily and understandably overwhelmed when dealing with the bureaucracy of multiple departments; and

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WHEREAS, The Department of Veterans Affairs (VA) disability backlog continues to maintain an unacceptable level; and WHEREAS, Service members transitioning from the military often suffer financial hardship; and WHEREAS, A large percentage of service members returning from combat suffer from Post Traumatic Stress Disorder (PTSD), the symptoms of which may not manifest themselves for years; and WHEREAS, Severely injured service members often require costly services that may not be offered by the Department of Defense (DoD) and these services often creates financial and emotional hardships for their families; and WHEREAS, VA and DoD continue to struggle to establish a compatible computer system that would improve bilateral exchange of medical records between the two departments, allowing timely access to patient information; and WHEREAS, Under the Base Realignment and Closure (BRAC) plan, Walter Reed Army Medical Center (WRAMC) is slated for closure in 2011, which may increase staff attrition and limit access to services; and WHEREAS, Inadequate staffing at WRAMC could adversely impact the quality of care for severely injured service members; and WHEREAS, The American Legion has recognized the gaps in services and has consistently advocated improvements be made to the transition process; 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, 2007, That The American Legion fully support legislation or administrative actions that would seek to implement the following improvements: • Designate a single Recovery Coordinator to ensure an efficient rehabilitation and transition back to military or civilian life and eliminate delays and gaps in treatment and services; • Simplify the disability process, reduce inequities and improve the quality of life for injured veterans; • Urge VA to aggressively screen, identify and treat veterans suffering from Post-Traumatic Stress Disorder and Traumatic Brain Injury (TBI) for those who served in OIF and OEF; • Enhance DoD family support programs and service members’ benefits to improve the quality of life for service members and their families; • Create an information system that will allow for the timely, unfettered exchange of medical records between DoD and VA; and • Sustain recruiting and retention efforts at Walter Reed Army Medical (WRAMC) Center to maintain it ability to deliver first-rate care.

RESOLUTIONS SUBCOMMITTEE MEMBER RAKESTRAW: This has the approval of your Veterans Affairs and Rehabilitation Commission and your Subcommittee on Resolutions, and I so move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and second. Is there any discussion? Hearing none. All in those in favor by the normal sign of ‘Aye.’ Opposed, same sign. The resolution is approved.

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Resolution No. 30: The American Legion Policy on Traumatic Blast Injuries Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, Many veterans of the War on Terror have been subjected to high- energy, penetrating blasts or high-velocity gunshot wounds and survive their injuries, due to advancements in protective gear and improvements in medical treatment available in theater; and WHEREAS, Survivors of blast attacks sustain injuries, including but not limited to: traumatic brain injury (TBI), hearing loss, blindness, amputations, PTSD, nerve damage, lung injury and musculo-skeletal damage that require extensive rehabilitation and mental health therapy to enable them to live autonomously; and WHEREAS, Service members may be exposed to multiple blast episodes throughout their tours in the combat theater; and WHEREAS, Symptoms of mild TBI—such as mood swings, headaches, concentration and memory problems, fatigue—maybe mistaken for other diagnosable conditions; and WHEREAS, Most existing research on brain injury focuses on injuries sustained from automobile accidents and more research is needed on combat-related traumatic brain injuries; and WHEREAS, The Centers for Disease Control and Prevention (CDC) has identified various long-term and lifetime neurological problems that may result from traumatic brain injury—like epilepsy; and WHEREAS, TBI increases the risk for Alzheimer’s disease, Parkinson’s disease, and other brain disorders that become more prevalent with age; and WHEREAS, Some TBI patients screened also exhibit visual-related dysfunction; 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, 2007, That The American Legion support efforts of researchers to collect information that would improve the knowledge of the long-term effects of Traumatic Brain Injury (TBI) in veterans; and, be it further RESOLVED, That The American Legion support efforts to establish Centers of Excellence within the Department of Veterans Affairs for the various injuries related to blast trauma, so that the best quality of care and treatment can be made available to current and future veterans suffering from blast-related injuries; and, be it further RESOLVED, That The American Legion urge VA to continue to enhance information provided to primary care physicians and other health care professionals treating veterans on the symptoms of mild TBI to enable them to quickly identify the symptoms and to ensure that these veterans receive timely care for their injury; and, be it finally RESOLVED, That The American Legion urge VA to establish a registry for those who suffer from combat-related TBI to determine the existence of trends in illnesses and urge VA to follow-up with these veterans to ensure of the quality of care they received from VA.

RESOLUTIONS SUBCOMMITTEE MEMBER RAKESTRAW: This has the approval of your Veterans Affairs and Rehabilitation Commission and your Subcommittee on Resolutions, and I so move for its adoption. …Seconded.

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NATIONAL COMMANDER CONATSER: I have a motion and second. Is there any discussion? Hearing none. All in those in favor by the normal sign of ‘Aye.’ Opposed, same sign. Report is received and filed.

RESOLUTIONS SUBCOMMITTEE MEMBER RAKESTRAW: Attached to the VA&R Report is Addendum A. I make a motion that the Addendum be a part of the VA Report with the approval of the NEC. …Seconded. NATIONAL COMMANDER CONATSER: I got a motion and a second on the floor. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, by the same sign. Adopted. As Commander, I’m reappointing the following members of the System Worth Saving Task Force: K. Robert Lewis (CT); Chairman; Robert Suter (NY), Vice Chairman; John Geiger (IL); John Hickey (IN); Thomas Mullon (MN); Todd White (WY); Don Lanthorn (OH); Ron Conley (PA); Paul Morin (MA); Thomas Cook (GA); John McKinney (TX); Joe Frank (MO); Kathryn Nylen (WA). I entertain a motion for the approval. RESOLUTIONS SUBCOMMITTEE MEMBER WARNKEN: I so move. NATIONAL COMMANDER CONATSER: I got a motion and a second. Any discussion? All those in favor by the normal sign of ‘Aye.’ Opposed, same sign. Approved. This time I call on Larry J. Besson from Illinois, Chairman of the Internal Affairs for a report.

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

You have a detailed report of our action and deliberations. I commit this to your attention. I want to take just a few minutes to give you the highlights of our report. The National Commander of The Sons of The American Legion, Ray Giehll from Indiana reported to our meeting on the SAL NEC which took place last weekend in Indianapolis. I draw your attention to the SAL donation to Child Welfare Foundation for 2007, a great year, with contributions of $321,000. As far as membership is concerned, the SAL is on tract again for another great year. As you know this year marks a milestone in the SAL. This is their 75th year anniversary and I know they had a celebration at the National Convention in Reno. We owe them a great round of applause for the service that they have dedicated to our veterans and families and the community for 75 years. National Commander Giehll has instituted as one of his programs, a National Assist- A-Veterans Day. He has challenged every SAL member to take one day to assist an active service personnel, a veteran, their family, by visiting them at their home, at the nursing home, a medical facility or just to meet them on the street, to make a special effort to identify and assist them. This, indeed, an outstanding report and we are truly proud of their accomplishments. Our NEF is in good shape and we’re currently have over $2.1 million available in the fund to help our members and their family who were impacted by the summer floods and tornadoes. Once again, we have received great support from our members, posts and the departments as far as donations to assist our members and families in need.

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Lastly, our Commission over this last two days had many spirited discussions on topics important to the organization. We considered several resolutions which we discussed in detail. Our actions are outlined in my written report.

Report: Internal Affairs Commission October 15-16, 2007 Larry J. Besson, Illinois, Chairman

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. My report consists of the following sections: Standing Committee Reports; Program and Internal Action Reports; and Actions on Assigned Resolutions.

Standing Committee Reports

Membership and Post Activities Committee Linda Perham (VT), Chairman of the Membership and Post Activities Committee reported on the 2007 membership year. Current membership total as of the 55% Target Date, excluding DMS, is 1,595,104—113,641 traditional members behind this same time last year. Current DMS total is 122,484 from the first DMS mailing. The Membership and Post Activities Committee voted to move the venue for the Race To The Top Winners from Indianapolis, Indiana, to the National Convention. The Membership and Post Activities Committee did not meet during the Fall Meeting and will not meet again until the January 2008 planning session.

Constitution And By-Laws Committee Vincent M. Gaughan (IL), Chairman, Constitution and By-Laws Committee reported that they had no resolutions and further business at this meeting.

Program Reports

Sons of The American Legion Raymond P. Giehll, Jr., National Commander of the Sons of The American Legion, reported on major activities and on business conducted during their annual fall National Executive Committee meetings conducted October 12-14, 2007. A full copy of their report with their resolutions are attached (Attachment 1). The Sons of The American Legion is commended for their continual contributions to the Child Welfare Foundation, and the National Emergency Fund. Also attached to the Sons of The American Legion report is a list of 2007 accomplishments that is quite impressive. The following resolutions were approved by the Commission:

SAL NEC-1-F07—Memorializing Resolution in Honor of Mr. Herman G. Harrington (NY) for $1,000 SAL NEC-2-F07—Increase of Scholarship amounts for the $2,500 each for the Junior Shooting Sports Champions SAL NEC-3-F07—Junior Shooting Sports Sporter Champion Attendance at National Convention SAL NEC-4-F07—Amendment of Rules of the SAL NEC for The Sons of The American Legion

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SAL NEC-5-F07—Amendment to the Standing Rules of the SAL National Convention

National Emergency Fund The National Emergency Fund has awarded since the fund was reinstated in 1989 over $6.7 million. So far in 2007, we have awarded 70 grants totaling $101,825. We currently have $2,168,887 in the fund. A brief summary below compares grants and donations for the last ten years:

Year Grants Approved Donations Received Jan 1-Sept 28, 2007 $ 101,825 $ 328,736 Jan 1-Dec 31, 2006 $ 190,050 $ 540,718 Jan 1-Dec 31, 2005 $2,055,350 $2,231,122 Yearly Average (2000-2004) $ 213,141 $ 339,816 Yearly Average (1995-2004) $ 371,896 $ 399,576 (Note: 1997—Red River Valley grants exceeded $1.5M)

Resolutions

Internal Affairs Action on Assigned Resolutions

Approved and Forwarded to the Resolutions Subcommittee

Resolution No. 6 (Internal Affairs): Support For Renovating USS Arizona Memorial Museum and Visitor Center, Honolulu, Hawaii

Approved and forwarded to the Finance Commission

Resolution No. 10 (Internal Affairs): Authorizing Withdrawal from Paid-Up-For Life Membership Trust for Administrative Expenses Resolution No. 11 (Internal Affairs & TAC): Herman G. Harrington Memorial Room Resolution No. 35 (ME and MI): American Legion Riders As A National Program

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.”

NOTE: The complete Internal Affairs Report with Subcommittee Reports and the entire Staff report text can be provided upon request.

Enclosures: Addendum A—Report to Subcommittee on Resolutions Addendum B—List of Sons of The American Legion Resolutions

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Addendum A: Resolutions Not Approved

Held for Further Study

Resolution No. 131 (UT) (2007 NC): Officer’s Guide and Manual of Ceremonies Printing Resolution No. 155 (AZ) (2007 NC): Support Fairness to All Veterans Act

Disposed of Administratively

Resolution No. 119 (CA) (2007 NC): National Headquarters to offer Standardize Interactive Forms On Its Website For Department Use

Received and Recorded

Resolution No. 48 (MD) (2007): Endorsement of Joseph Gladden for National Commander, Sons of The American Legion Register Resolution No. 2591 (TX): Recommendation Of Dellano Simmons For National Vice Commander

Rejected

Register Resolution No. 2585 (MN): National Eagle Center Register Resolution No. 2586 (OR): Support For A National World War I Memorial Register Resolution No. 2588 (VA): Financial Support For Team Johnson Motorsports

List of Sons of The American Legion Resolutions

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 13-14, 2007.

Approved

Resolution SAL NEC-1-F07 Memorializing Resolution in Honor of Mr. Herman G. Harrington (NY) for $1,000 Resolution SAL NEC-2-F07 Increase of Scholarship amounts for $2,500 each for the Junior Shooting Sports Champions Resolution SAL NEC-3-F07 Junior Shooting Sports Sporter Champion Attendance at National Convention Resolution SAL NEC-4-F07 Amendment of Rules of the SAL NEC for The Sons of The American Legion Resolution SAL NEC-5-F07 Amendment to the Standing Rules of the SAL National Convention

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Introduction The past year the Sons of The American Legion strengthened our commitment to the Legion Family and achieved positive gains in all areas. We attained an all-time high in membership, for the 35th year in a row. This year also marked a milestone for the Sons of The American Legion, our 75th anniversary. Throughout the 75-year span the Sons of The American Legion have worked with The American Legion to ensure that the veterans and the children of this country are cared for. We thank all of the members of The American Legion for their resolve to see the SAL program grow and prosper. The insight and the knowledge that we have learned about the programs of The American Legion have enabled our members to grow, not only as SAL members but as individuals. We look forward to our next 75 years in service to The American Legion Family. As of October 11, 2007 we have a total reported membership of 319,596 members for 2007. This represents 102.19% of our prior membership. The current membership year 2008 is starting off strong. We are currently at 69,318, which is 21.33% of our goal of 325,000. The S.A.L. was the single largest contributor to The American Legion Child Welfare Foundation in 2007, raising $321,227.92. At the National Executive Committee Fall meeting this past weekend over $12,433 was donated to the Foundation. This gives us a total to date of over $85,941, which is 23% of our goal of $365,000. In addition to the CWF donations, the Sons of The American Legion also presented the Children’s Miracle Network with $4,350, $3,000 for Fisher House, $250 for the Legacy Scholarship Fund, $690 for NEF and $70 towards the Operation Landstuhl. This past year the Sons of The American Legion far exceeded our National Commander’s goals for all programs in 2007. We have attached our 2007 accomplishment sheet that details our hours and contributions. Our National Commander, Raymond Giehll, has instituted a program called “National Assist a Veteran’s Day”, where all members of the Sons of The American Legion are encouraged to take one day to assist active service personnel, veterans, and their families whether it is at their home or at a VA Medical Center.

Highlights of Sons of The American Legion 36th Annual National Convention

At the thirty-sixth National Convention in Reno, Nevada there were 810 registered delegates, 22 alternates and 67 guests representing 48 Detachments. As we celebrated our 75th anniversary, we had three members who have 74 or 75 years continuous years membership in the S.A.L. George Hooten (GA) and Burt Bertrand (CA) have 75 years and Webber LaGrange (IN) has 74 years. We were also delighted to have the third member ever to sign up in the Sons of The American Legion, Robert Ragsdale, attend our convention. He carried card number 3 in the Bruce P. Robinson Squadron 133 in Indianapolis, the first chartered SAL squadron. The American Legion Dispatch interviewed Mr. Ragsdale and wrote an article in the September 21st Dispatch from the interview. A special thanks goes to Adjutant Spanogle for enabling Mr. & Mrs. Ragsdale to receive special attention during the convention. We also had a luncheon on Saturday to honor all of our members that have made an impact on the 75 years of the S.A.L. Three hundred and eighty five people attended the luncheon. A history book was produced and distributed free of charge.

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We received the donations totaling over $59,019 from various Squadrons and Detachments. $31,977 was for the Child Welfare Foundation $20,807 for Children’s Miracle Network and $6,235 for the National Emergency Fund. Our membership goal for 2008 is 325,000 members. To attain this goal our membership committee has initiated a “The Stoneyard 365” racing themed membership campaign. The “Racing Team” Members who excel in recruiting members will receive special recognition. There were seven resolutions presented to the National Convention Committees for consideration. Four resolutions were received and filed and three were held for study by the Convention Committee and were subsequently forwarded to the SAL NEC Commission.

Resolution No. Title Recommendation NC 1- 07 Endorsement of William Lewis (OR) Received and Filed for National Vice Commander West NC 2- 07 To remove the year from the printing of Held for Study the Consolidated Report form NC 3- 07 Endorsement of Jim Gelwicks (CO) for Received and Filed National Vice Commander Midwest NC 4- 07 Endorsement of Ed Van Houten Jr. Received and Filed (OH) for National Chaplain 2009 NC 5– 07 Change to Rules of the National Held for Study Executive Committee NC 6- 07 Change to Rules of the National Held for Study Executive Committee NC 7- 07 Endorsement of Atwood Grandberry Received and Filed (CA) for National Chaplain

Sons of The American Legion Resolutions

Resolution No. NEC 1-F07 Title: Memorializing Resolution in Honor Of Herman G. Harrington (NY) Origin: National Commander Giehll and National Adjutant O’Hearne WHEREAS, Herman G. Harrington, a distinguished World War II Legionnaire from the Department of New York who was a member of The American Legion for 62 years, and WHEREAS, Herman G. Harrington, served with distinction as Chairman of Internal Affairs Commission of The American Legion for 22 years, and WHEREAS, Through Mr. Harrington’s guidance and perseverance the Sons of The American Legion have attained the stature and success that we are have today; and WHEREAS, Herman’s dedication to The American Legion and the Sons of The American Legion have truly been for God and Country; and WHEREAS, Herman was a mentor and friend to all Sons of The American Legions members; now therefore be it, RESOLVED, by the National Executive Committee of the Sons of The American Legion in regular sessions in Indianapolis, Indiana, October 13-14, 2007 that a donation in the amount of One Thousand Dollars, ($1,000) be made to The Herman G. Harrington Education Fund, c/o Melvin Roads Post 1231 in Rensselaer, New York in memory of Herman G. Harrington.

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Resolution No. NEC 2-F07 Title: Increase in Scholarship amounts for Junior Shooting Sports Champions Origin: Americanism Commission Chairman—Gerald Hammerschmidt WHEREAS, The Sons of The American Legion is dedicated to transmitting to posterity the principles of justice, freedom and democracy: and WHEREAS, It is consistent with its dedications to such ideals for the Sons of The American Legion to support educational and training programs that foster and perpetuate the principles of democratic government and the duties of good citizenship: and WHEREAS, The Sons of The American Legion adopted resolution NEC-01-S93B which established scholastic awards; and WHEREAS, Two awards are given annually to the two (2) Junior Shooting Sports Champions; and WHEREAS, In 1997 the scholastic awards were increased to $1,000.00 each; and WHEREAS, The cost of education continues to increase; 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, 2007, that the scholastic awards be increased to two (2) $2,500.00 awards. To be presented annually to the two (2) Junior Shooting Sports Champions; and be it further RESOLVED, That the awards be administered through the National Americanism Division of The American Legion in accordance with the “S.A.L. National Scholastic Awards Program Outline.”

Resolution No. NEC 3-F07 Title: Junior Shooting Sports Sporter Champion to National Convention Origin: Americanism Commission Chairman—Gerald Hammerschmidt WHEREAS, The Junior Shooting Sports program of The American Legion has two Champions annually: and WHEREAS, The champions are the Precision Champion and the Sporter Champion: and WHEREAS, The Precision Champion is brought the National Convention with the Junior Champions; and WHEREAS, The Sporter Champion has not attended the National Conventions; and WHEREAS, The Sons of The American Legion provide two scholastic awards, one to each champion; and WHEREAS, It is important that both champions receive proper recognition for their achievements; 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, 2007, that the Sons of The American Legion annually budget the amount of Five Thousand dollars ($5,000) to bring the Junior Shooting Sports Sporter Champion and a chaperone to the National convention; and be it further RESOLVED, That the required arrangements be administered through the National Americanism Division of The American Legion in accordance with the policy used for the other Junior Champions.”

Resolution No.: NEC 4-F07 Title: Amendments to the Rules of the NEC for the Sons of The American Legion Origin: Detachment of Colorado WHEREAS, It often becomes necessary to modernize and update obsolete references in Rules, By-Laws, and Uniform Codes; and

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WHEREAS, The “Rules of the National Executive Committee for The Sons of The American Legion”, in Rule 12—“Transaction of Business by Mail, Telegraph or by Telephone”, now reads: The National Executive Committee, without meeting together, may transact business by mail or by telegraph or by telephone on a matter of urgency not involving new policy and on which action cannot be delayed to the next regular meeting, by voting upon proposed resolutions mailed or telegraphed or telephoned to them by the National Adjutant through the National Coordinator, with the approval of the National Commander. Thirty days shall be allowed for the return, by mail or telegraph or telephone, of the votes thereon to the National Adjutant. The voting shall be considered closed at the end of the thirty days: Provided, That a majority of the members of the National Executive Committee have returned their votes by that time, or it shall be considered closed at any time prior thereto if and when all the members shall have returned their votes. Provided, further, except in the case of an election to fill a vacant office, That in the event one-third of the committee in writing, objects to the ballot by mail or by telegraph or by telephone, the matter shall not be decided and will be considered as the first order of business at the next regular or special meeting: Provided, further, That thereafter the National Adjutant shall notify the committee of the action taken. “; and WHEREAS, The “Rules of the National Executive Committee for The Sons of The American Legion”, in Rule 14—“Robert’s Rules of Order to Govern”, now reads; “Except as otherwise herein specifically provided, Robert’s Rules of Order, Revised, shall govern.” and WHEREAS, The most current version of Robert’s Rules of Order is the Tenth Edition, copyrighted in 2000. The official title is “Robert’s Rules of Order Newly Revised”. This is the current edition in use by the National Association of Parliamentarians; now, therefore, be it, RESOLVED, That The Sons of The American Legion, in a National Executive Committee meeting assembled October 13-14, 2007 in Indianapolis, Indiana, amend the “Rules of the National Executive Committee for The Sons of The American Legion”, in Rule 12 by replacing the word telegraph with “e-mail or fax” and further that the word telegraphed be replaced with the word “e-mailed or faxed”; and be it further RESOLVED, That the “Rules of the National Executive Committee for The Sons of The American Legion”, in Rule 12—“Transaction of Business by Mail, e-mail, fax or by Telephone”, now shall read:

“The National Executive Committee, without meeting together, may transact business by mail, e-mail, fax or by telephone on a matter of urgency not involving new policy and on which action cannot be delayed to the next regular meeting, by voting upon proposed resolutions mailed, e-mailed, faxed or telephoned to them by the National Adjutant through the National Coordinator, with the approval of the National Commander. Thirty days shall be allowed for the return, by mail, e-mail, fax or telephone, of the votes thereon to the National Adjutant. The voting shall be considered closed at the end of the thirty days: Provided, That a majority of the members of the National Executive Committee have returned their votes by that time, or it shall be considered closed at any time prior thereto if and when all the members shall have returned their votes. Provided, further, except in the case of an election to fill a vacant office, That in the event one-third of the committee in writing, objects to the ballot by mail, e-mail, fax or by telephone, the matter shall not be decided and will be considered as the first order of business at the next regular or special meeting: Provides, further, That

102 Proceedings of Wednesday, October 17, 2007 thereafter the National Adjutant shall notify the committee of the action taken.”; and be it further RESOLVED, That the “Rules of the National Executive Committee for The Sons of The American Legion”, in Rule 14 by inserting the word “Newly” before the word Revised; and be it finally, RESOLVED, That the “Rules of the National Executive Committee for The Sons of The American Legion”, in Rule 14 - “Robert’s Rules of Order to Govern”, now shall read; “Except as otherwise herein specifically provided, Robert’s Rules of Order, Newly Revised, shall govern.”

Resolution No. NEC 5-F07 Title: Amendment to the Standing Rules of the Convention for the Sons of The American Legion Origin: Detachment of Colorado WHEREAS, It often becomes necessary to modernize and update obsolete references in Rules, By-Laws, and Uniform Codes and thereby WHEREAS, The “Uniform Code of Procedure for The Organization of National Conventions of The Sons of The American Legion”, now reads under the section “Standing Rules of Convention, item #1"; “Robert’s Rules of Order, Revised, shall be the authority on parliamentary procedure, with the following modifications:” and, now therefore be it, RESOLVED, That The Sons of The American Legion, in a National Executive Committee meeting assembled October 13-14, 2007 in Indianapolis, Indiana, amend the “Uniform Code of Procedure for The Organization of National Conventions of The Sons of The American Legion”, by inserting the word “Newly” before the word Revised. Further, be it finally, RESOLVED, That the “Uniform Code of Procedure for The Organization of National Conventions of The Sons of The American Legion”, now shall read; STANDING RULES OF CONVENTION “Robert’s Rules of Order, Newly Revised, shall be the authority on parliamentary procedure, with the following modifications:”

2007 Sons of The American Legion Accomplishments

Veterans Affairs and Rehabilitation • 42 Registered (VAVS) Representatives • Member Of National VAVS Board • 223,923 Volunteer Hours Recorded And 11,594 Visits With $915,688 In Cash And Gifts Children & Youth • Single Largest Contributor To The Child Welfare Foundation: $321,228 With 20,331 Hours Of Service • Special Olympics—$102,651 Donated With 9,796 Hours Of Service • Children’s Miracle Network—$70,955 In Donations With 8,231 Service Hours • $894,397 And 54,513 Hours In Support Of Other Children & Youth Programs, Bringing The Total Yearly Donations To All C & Y Programs To $1,389,231 With 92,871 Service Hours Americanism • 433 Boys State Representatives At A Cost Of $97,397

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• 6,457 Color Guard Appearances At A Cost Of $81,863 • 83 American Legion Baseball Teams Sponsored At A Cost Of $116,840 • Other Teams Sponsored At A Cost Of $82,221 • $34,711 In Support Of Scouting • $7,635 In Donations And 12,446 Service Hours To The Oratorical Program • 5,098 Hours And $28,351 To Junior Shooting Sports • 6,409 Flags Presented To Schools At A Cost Of $33,252 • 2,643 Flag Education Programs At A Cost Of $14,807 With 2,539 Hours • 1,615 Flag Retirement Ceremonies • 542,606 Flags Presented At Cemeteries & Parades At A Cost Of $62,646 • $216,848 In Scholarships With 7,479 Hours For Educational Programs • 279—5 Star / 10 Ideals Programs At A Cost Of $3,627 • Various Community Service Projects At A Cost Of $1,358,611 And 358,936 Service Hours • $36,046 In Donations To The National Emergency Fund • A Total Of $1,671,587 And 390,450 Hours Of Service In Support Of Americanism Programs

2007 Membership

315,264 Members 5,615 Squadrons 52 Detachments

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: I move the report be received and filed, with the exception of one resolution and one addendum. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion to receive and file. Any discussion? All those in favor by the normal sign of ‘Aye.’ Opposed, by the same sign. The report is received and filed. Resolution No. 6: Support For Renovating USS Arizona Memorial Museum and Center, Honolulu, Hawaii Origin: 2007 NC Resolution No. 56 (OH) Submitted by: Internal Affairs Commission WHEREAS, The USS Arizona Memorial Museum and Visitor Center in Honolulu, Hawaii is dedicated to the memory of the 2,403 American servicemen who were killed during the Japanese attack on Pearl Harbor on December 7, 1941; and WHEREAS, The Museum complex is built on unstable ground and is deteriorating so fast that its future is in doubt, and therefore needs to be replaced; and WHEREAS, The Arizona Museum Association has a $50 million fundraising goal for the construction of a new facility, and another $7 million will enable them to reach $28 million, enough to allow groundbreaking on next year’s anniversary of the attack and hopefully open the new, expanded complex by 2009; and WHEREAS, The sunken battleship USS Arizona is the final resting place of 1,177 sailors, will always be an integral part of the Memorial complex, and should never be forgotten; 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, 2007, That The American Legion does hereby support the concept of renovating the USS

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Arizona Memorial Museum and Visitor Center in Honolulu, Hawaii, without any financial obligation on behalf of the National Organization.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This has the approval of your National Internal Affairs Commission, your Subcommittee on Resolutions, and I so move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and second on the floor. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, by the same sign. Approved. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, attached to the report is Addendum A. I move the action of the National Internal Affairs Commission become the action of the National Executive Committee. …Seconded. NATIONAL COMMANDER CONATSER: I got a motion on the floor and a second. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, same sign. So moved for approval. Larry, don’t run off. Do we have anyone who would like to make a donation to the NEF at this time? …At this time, National Vice Commander Korth assumed the Chair. NATIONAL EXECUTIVE COMMITTEE MEMBER: $4,000 from the Department of Arizona. NATIONAL COMMANDER CONATSER: Here is another. Three thousand dollars for the Legacy Fund and another $5,000 for the NEF. Anybody else? …At this time the National Commander resumes the Chair. Thank you all for those donations. They are very critical here. Now I call on Robert Morrill, Public Relations Chairman from New York.

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

The Public Relations Commission met in Room 105 of National Headquarters, at 9:00 a.m. on Monday, October 15th. No resolutions were presented at this time. Please take the time to read our full report placed on your desk. The second of three ads for the Four Pillars Information Campaign was presented as the next element in the branding campaign that is a multi-faceted effort to educate both the public and internal audiences about how Legionnaires continue to serve today, using the precepts given to us by our founders. This ad will run in the Army, Navy, Air Force, Marine Corps Times in November. A DVD with the ad, which can be localized by posts, along with a new television spot, will be developed and distributed to post public relations chairmen. The Four Pillars theme is being used in press releases, speeches, media advisories, and guest editorials. The mention of the Four Pillars of The American Legion should inspire a broader understanding of the far reach Legionnaires have in American life. Alliance Defense Fund officials reported progress in the National Veterans Memorial Registration Program. The Commission agreed to step up promotion of this project in consonance with the availability of a new PERA booklet, In the Footsteps of the Founders, which provides a blueprint for facilitating passage of H.R.725 in the House and S.415 in the Senate. Copies are free upon request and distribution would be made to departments. Posts are encouraged to provide copies to church groups, civic

Proceedings of Wednesday, October 17, 2007 105 organizations, and any other groups interested in their community. The booklets contain a full array of media materials and suggestions to mobilize a community to action. The demand for the booklet, Disaster Preparedness and Response for American Legion Posts, continues unabated, as requests for additional copies are received in the Public Relations office everyday. The American Legion project was covered in the September, 2007 edition of FEMA Community Preparedness News. Staff have begun issuance of certificates of preparedness to posts sending in feedback on their disaster preparations in programs. Several posts have already received highly positive coverage of their disaster readiness activities. Commission staff will be working to place country singer and American Legion Legacy Scholarship spokesman Michael Peterson in national media venues in the days leading up to Veterans Day. Peterson has volunteered his time to promote the fund, thank veterans and discuss the “Four Pillars” of The American Legion. A media advisory will be issued to country format radio stations nationally, offering a full interview, either live or taped, within the several days leading up to November 11. Americanism Commission staff briefed the Public Relations Commission on the master plan for the 2008 ‘Get Out the Vote Program.’ A booklet outlining the program with milestones, background information and a media tool kit is in development. Distribution is slated for January. Both Commissions will encourage full involvement by Legionnaires and turning out the vote in November of 2008. Upon the recommendation of the Commission, National Commander has selected Lou Dobbs for the National Commander’s Public Relations Award to be presented at the Washington Conference luncheon on April 2 for his untiring fight for border protection and immigration reform. This award is based on the availability of the recipient to attend the Washington Conference. Commission staff has finalized the production of the Boy and Girls State recruiting and marketing video to debut at the Americanism meeting, November 3. The project consists of a DVD with three videos, a website and a poster designed to recruit students into the program. The National Legislative Council training DVD was completed in August and is being distributed to the Legislative Commission. On tap is a training DVD for ‘Heroes to Hometowns.’ Scripting is scheduled for completion by the end of the year, with production beginning the first of next year. From its presence in our nation’s capital, the National Public Relations Commission continues to facilitate major media coverage of American Legion advocacy. In addition, hundreds of local and regional media queries have been answered on a wide range of national security, veterans’ affairs and Legion program issues. Commander Conatser has reported to you earlier on Operation Landstuhl so I will not go into that portion of my report.

Report: Public Relations Commission October 15, 2007 Robert L. Morrill, New York, Chairman

The Public Relations Commission of The American Legion met in Indianapolis at National Headquarters on Monday, October 15, 2007. The second of three ads for the Four Pillars information campaign was presented and approved by the commission as the next element in a branding campaign that is a multi-faceted effort to educate both the public and internal audiences about how Legionnaires continue to serve today using the precepts given to us by our founders after World War I. The ad will run in the Army, Navy, Air Force, and Marine Corps Times in

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November. A DVD with the ad that can be localized by posts along with a new television spot will be developed and distributed to post public relations chairmen. The “Four Pillar” theme is being used in press releases, speeches, media advisories and guest editorials. The mention of the “Four Pillars” of The American Legion should inspire a broader understanding of the far reach of Legionnaires in American life. The commission will promote the DVD and encourage full use of all campaign materials at the community level. Alliance Defense Fund attorneys Joe Infranco and Doug Napier and Liberty Legal Institute attorney Roger Byron reported progress in the national veterans memorial registration project. The commission agreed to step up promotion of the project in consonance with the availability of the new PERA booklet: In the Footsteps of the Founders which provides a blueprint on facilitating passage of H.R. 725 in the House and S. 415 in the Senate. Both bills are appropriately named, Veterans’ Memorials, Boy Scouts, Public Seals, and Other Public Expressions of Religion Protection Act of 2007 (PERA). Copies are free upon request and distribution will be made to departments. Posts are encouraged to provide copies to church groups, civic organizations, and any groups interested in their communities. The booklets contain a full array of media materials and suggestions to mobilize a community to action. ADF also provided a full briefing on the status of pending religious icon cases. The demand for the booklet—Disaster Preparedness and Response for American Legion Posts—continues unabated as the public relations office receives requests for additional copies nearly every day. The American Legion project was covered in the September 2007 edition of FEMA Community Preparedness News. Several posts have already received highly positive coverage of their disaster readiness activities including participation in Sept. disaster drills with local first responders and emergency management agencies. Commission staff will be working to place country singer and American Legion Legacy Scholarship spokesman Michael Peterson in national media venues in the days leading up to Veterans Day. Peterson has volunteered his time to promote the fund, thank veterans and discuss the four pillars of The American Legion. A media advisory will also be issued to country format radio stations nationally offering a phone interview, either live or tapes, within the several days leading up to Nov. 11. Americanism Commission staff briefed the PR Commission on the master plan for the 2008 Get Out the Vote (GOTV) campaign. A booklet for American Legion Posts outlining the program, with milestones, background information and a media took kit is in development. Distribution is anticipated in early January. Operation Landstuhl, initiated by Past National Commander Paul Morin and Past Auxiliary President JoAnn Cronin after their visit to the U.S. Army Medical Facility this summer, has been a resounding success. The American Legion family has raised $298,000. The American Legion Emblem Sales Division ordered and shipped thousands of dollars worth of clothes to the facility, in addition to $25,000 of AT&T pre-paid calling cards that were sent this summer. The American Legion has been working closely with Col. James Griffith, a chaplain with the Landstuhl Regional Medical Center, in determining the needs for the patients there. Funds have already been earmarked or spent on the following: $25,000 AT&T pre-paid phone cards (3800 units, 120 minutes each) $15,092.61 shipments of clothes from Emblem Sales $166,881.65 from AAFES (predominantly electronics and “recreation” tables) $4,830 World-Import (plasma TV, DVD recorder, dual voltage receiver, shipping) $6,175 Satellite Engineering Group (6 satellite receivers + shipping)

Proceedings of Wednesday, October 17, 2007 107

$1,675 BMG Electronics (Large multi-time zone digital clock to prepare for arriving patients) $4,000 in Commissary gift certificates for needy families of Landstuhl soldiers The major items on the Army Air Force Exchange Service (AAFES) order includes two billiard tables, 3 table tennis tables, 720 various model iPods to be given to intensive care patients, 600 iTunes cards, 100 portable DVD players, 30 LCD TVs, 32 Sony Play Stations and two Panasonic Home Theaters. The larger electronic items will be spread throughout the USO Center at the LRMC and several Warrior Transition Units all under the LRMC footprint. All items will include plates or tags stating “Compliments of The American Legion Family, www.legion.org,” whenever feasible. This project is true testament to the great generosity of Legionnaires, Auxiliary members and Sons of The American Legion. The Commission discussed a number of potential nominees to recommend to the National Commander for his Public Relations Award at the Washington Conference in March 2008. The award is presented to a national figure, corporation or program that has worked for the betterment of the American veteran, the armed forces and the nation. National Commander Conatser concurred with the primary recommendation: CNN anchor Lou Dobbs who has advocated against illegal immigration tirelessly in consonance with the position of The American Legion. Additionally, he is veterans’ advocate and unabashed promoter of proudly wearing the U.S. Flag pin. Commission staff is finalizing production of the Boys and Girls State recruiting and marketing video to debut at the Americanism meeting November 3rd. The project consists of a DVD with three videos, a web site and poster designed to recruit students into the program. It is a joint project with the American Legion Auxiliary in partnership with Indiana University—Purdue University Indianapolis (IUPUI). The National Legislative Council training DVD was completed in August and is being distributed by the Legislative Commission. On tap is a training DVD on Heroes to Hometowns. Scripting is scheduled for completion by the end of the year with production beginning the first of next year. Production is also slated for new radio PSA scripts and a television PSA to accompany the latest ad in the Four Pillars campaign—“Leaders Wanted.” Frank Prosser, PR Chairman of the Dept. of Illinois presented a briefing on the success of their telephone “auto blast” service. For about 2 cents a call, a short-recorded message can be delivered by phone at a time of their choosing to their list. To date, they have had good results in getting out important information to members and expired members. From its presence in the nation’s capital, the National Public Relations Commission continued to facilitate major-media coverage of The American Legion’s advocacy. National stories with American Legion input included: coverage of the 89th National Convention in Reno, Nevada including Pres. George W. Bush’s address to convention; second annual The American Legion Legacy Run and scholarship drive; Resolution 169 and support for the “Surge” and continued patience on the Iraq war in conjunction with coverage of Iraq Commander Gen. David Petraeus’s report to Congress; coverage of National Commander attending White House event with Pres. Bush and other top administration officials in support of troops, their families and our fallen heroes; National Commander’s trip to Iraq and meeting with troops and Gen. David Petraeus; coverage about how injured troops and their families are coping and how the American Legion is filling the gap through Heroes to Hometowns and the Family Support Network; Veterans Affairs claims backlog, GI Bill legislation, and the Stolen Valor Act and phony claims of combat service. Coverage included ABC and CBS Radio, C-SPAN, Congressional

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Quarterly, Roll Call, MSNBC, Cybercast News Service, The Washington Post, National Journal, the Associated Press and numerous other outlets. In addition, hundreds of local and regional media queries were answered on a wide range of national security, veterans’ affairs and Legion program issues. There being no further business, the meeting was adjourned at 11:50 a.m.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN PROCTOR: There were no resolutions, no addendum, so I move that the report be received and filed. …Seconded. NATIONAL COMMANDER CONATSER: There is a motion and a second on the floor. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, same sign. I call on Foreign Relations Chairman, Michael B. Helms from Nebraska.

Oral Report: Foreign Relations Commission Michael B. Helms, Nebraska, Chairman

My report is before you and the Commission has no issues that need immediate action by this body. The Commission officially welcome the new Director for the National Security Foreign Relations Division, Mr. Philip E. Riley. Mr. Riley is a graduate of West Point Military Academy and my son is following his footsteps. He’s a pleb there now, so it’s kind of nice to have him on board. We look forward to his tenure with The American Legion and pleased to have his experience and guidance as we move progress through the remainder of this Congress. The Commission continues to promote and develop comprehensive and dynamic foreign relations positions for The American Legion. Commander, the Commission wishes you well and much success as you get ready to go on your overseas trip, pretty quick. We also look forward to working with you and the distinguished members of the National Executive Committee throughout this year. We thank you for your support.

Report: Foreign Relations Commission October 15, 2007 Michael D. Helm, Nebraska, Chairman

An executive session of the Foreign Relations Commission met on October 15, 2007, in the Circle West Room of the Sheraton Hotel, Indianapolis, IN, to discuss a variety of issues. The Commission officially welcomed the new director of the National Security and Foreign Relations Divisions Philip E. Riley. Phil gave a short introduction, covering his background and experience in the military, and his hopes and goals for the divisions. The professional staff then gave a power-point briefing on the current budget and appropriations status in Congress and other foreign relation topics of interest. On Tuesday, October 16, 2007, the Foreign Relations and National Security Commissions met in joint session. The Commissions were pleased to have with them Past National Commander John Brieden in attendance and thank him for his participation in the program. A video presentation from the PBS series Frontline “Private Warrior” was reviewed, regarding the private contractors firms being used in Iraq and Afghanistan by the U.S. government. A second information video from the Department of Defense on the Joint Task Force Civil Support program was also reviewed. A short discussion followed along

Proceedings of Wednesday, October 17, 2007 109 with comments by staff regarding security issues and the continued appropriations and authorizations for Department of State and Department of Defense. The Foreign Relations Commission looks forward to working with National Commander “Marty” Conatser and the distinguished members of the National Executive Committee throughout the next year and we thank you and the NEC for the support of our commission.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN PROCTOR: There are no resolutions or addendums. I move that the report be received and filed. NATIONAL COMMANDER CONATSER: Motion on the floor to receive and file. Any discussion? All those in favor by the normal sign of ‘Aye.’ Opposed, same sign.

I now call on Membership and Post Activities Chairman, Linda M. Perham, from Vermont.

Oral Report: Membership and Post Activities Committee Linda M. Perham, Vermont, Chairman

Thank you allowing me to take this opportunity. We are coming off a fairly successful membership year, and we expect the same for 2008. Look at the copy of the report and take that opportunity to read it at your leisure. Some of the highlights would be from the statistics. There is a large reliance on the national renewal notices. You will also see that there is a great reliance on the DMS program for membership. There has been a slight decrease in the traditional recruitment. Those are some of the keys that you’ll see if you take a look at that report. I’d like to talk to you just a few minutes about some of the challenges that will be in the upcoming year. We spent a lot of time this week talking to your department commanders, asking them some pretty hard questions. One was, “How do you educate and train your membership teams, all the way down to the grassroots posts?” Very diverse. We found that there were many department commanders who didn’t start training or educating their membership teams or officers or chairman until they actually were elected. Well, as you know it’s in the middle of October now, and we’re half way through our membership here. Come January, there will be a slide. We’re talking about educating your potential membership team. It doesn’t matter how many officers will vie for the great office of the department commander. Their potential membership teams are being educated prior to their state conventions. Have early education on all levels. We’re also going to have discussions about training on all different levels: a basic and intermediate level. All of you here are advanced learners, but it would be nice to actually target those basic and intermediate needs in a multi-focal membership program. Membership is all of our responsibility. One of the greatest membership teams comes out of a department. I don’t want to say which one, but the adjutant said to me, “I’m not good at membership, and I don’t know what to do or say. There are so many programs out there and I just can’t keep them all straight.” But if you remember, National Commander Tom Bock talked about being a rounder. Basically, all you need to know is that genuine feeling of what it’s like to be in the largest and most productive veterans’ organization, The American Legion. Basically, all you have to do is to remember what it was like to throw down your duffel bag when you came to your next duty station. You didn’t know a soul and how it felt for someone to reach their hand out and say, “Welcome.” That’s what we need to get back to. I spent a lot of time knocking on doors, and I loved it. It inspires me and it gets

110 Proceedings of Wednesday, October 17, 2007 me excited to meet so many great people from all walks of life and different venues. We’ve got to have all of your support in helping us do that at every level. If your districts aren’t having 200 people show up, then maybe we need to take it down a peg and start going to the posts, showing them who we are. This is, who we are. This is a great organization of spirit and love, commitment and caring. The value of membership is much more than that dues card. But education and promotion and learning, all these programs are one thing, but please go out and tell your blue cap Legionnaires when they speak all across your departments, what is valuable to us is that personal one-on-one touch. All of your department commanders had the opportunity to be with the National Commander on a one-on-one personal basis. They came to us, at the membership team, and wanted the national organization to spent millions of dollars on multi-media. They thought having The American Legion like a Geico commercial would inspire everyone to just join. But in the same breath they said what really meant something to them this week was meeting the National Commander on a one-on-one bonding experience with him, and having round tables where we could all discuss issues. To me, that was kind of a conflict. What’s important was that one-on-one contact that they made with our National Commander. That’s what our veterans and our hometowns want, one-on-one contact. Please go back to your departments and encourage people to talk to each other. We will also be targeting at our at-risk groups and having some intense conversations come our January planning meeting. We will be reporting back to you. Commander, that concludes my report. I take this opportunity to thank our parent organization, the Internal Affairs Commission Director, Mr. Jack Querfeld and our Chairman Larry Benson for all the support.

Report: Membership and Post Activities Committee Linda Perham, Vermont, Chairman

The 2008 membership campaign is off to decent start. As of October 15, 2007, membership stands at 1,599,781 members without DMS. This is 143,756 members less than this same time last year. The current DMS total is 129,733 members. This is 20,803 more than this same time last year. Total membership, when DMS and traditional totals are combined, is 1,729,514—14,023 members less than this time last year. Traditional Renewals are down from a year ago by 34,826 members. This may be due in part to the “surge” we saw last year from early renewals to beat the dues increase. Headquarters Post Renewals are running ahead of last year by 21,545 members. Traditional new starts are behind last years total by just under 72,087 members. The DMS-Plus program is being handled in much the same way as the 2007 campaign. The program has signed up 129,733 members from the first mailing and the second mailing was completed two weeks ago. We expect to meet the goal of 190,000 with no problem. Again in 2008, the dues amount of $25 is being tested along with the use of the term “introductory offer.” We continue to look at ways of simplifying the renewal process. The IT Division is testing an initiative with a number of Departments that allows on-line renewal. In addition, 18 Departments are participating in the dues direct program, which has been around for a number of years. For those members who are part of this program, dues are paid directly to National Headquarters and they have the option to pay by credit card as well. Payment by credit cards provides a payment convenience pointed out through the Hayes survey and by the National Commander’s Ad-Hoc Committee.

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A special renewal emphasis was placed on the Vietnam Veteran and the OIF/OEF Veteran. Special messages were designed as part of the renewal program that are being used this year. We continue to lose posts at a rate faster than we can start them. Our current American Legion Post total is 14,329. Forty-one posts have been submitted for cancellation during the Fall Meeting. This means that within the last two months, including cancellation requests at National Convention, a total of 85 posts have been submitted for cancellation. This is only two less than what was started or revitalized in 2006. Turn this trend around of losing posts and we probably affect the membership trend in a positive way as well.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN PROCTOR: There are no resolutions and no addendums. I move the report be received and filed. …Seconded. NATIONAL COMMANDER CONATSER: I have a motion and second on the floor. Any discussion? All in favor by the normal sign of ‘Aye.’ Opposed, same sign. Just as a note this evening, the National Commander’s dinner for the members of the National Executive Committee and visiting Legionnaires, Sheridan Indianapolis City Center, reception at 6:00 p.m. in the Circle Suites, lower level, dinner at 7:00 p.m. in the Meridian Ball Room lower level. Our guest speaker is Tom Zupancic, Vice President of Sales and Marketing for the Indianapolis Colts. It’s awful hard for me to say that, being from Illinois and a diehard Bears fan. I even got to pick him. [Laughter.] Something not just right, with that. I do appreciate your attendance today. We’re going to start promptly at 8:30 a.m. in the morning, have no fear. Past National Commander Ron Conley. PAST NATIONAL COMMANDER CONLEY: Mr. Commander, I realize some of the members here won’t be here tomorrow, so if you’ll give me a minute, I’d like to mention something to you of great concern that happened here today. The National Judge Advocate mentioned earlier about the problems dealing with the 25% vs 75%, mentioning the Sons of The American Legion. Then we heard a report here by the Internal Affairs of how much good the Sons of The American Legion does for this organization and the money they raised for the children and youth. There seems to be some confusion, at least what I heard at lunch time, on whether we were going back to our department and try to hold off the increase of membership that the Sons of The American Legion to try to conform with that 75/25% ratio. I think if we try to come back and try to stymie the growth of the Sons of The American Legion, who are doing a great deal of work to the raise money, especially for Child Welfare Foundation, this might hinder their participation and enthusiasm to want to be greatly involved in The American Legion. I think we need to take a different viewpoint here on how we’re going to correct this problem with the federal government where they’re going to penalize posts because of asking our sons and grandsons to be members of our organization. I don’t feel it would be prudent for us to leave here, to go back and do something in our departments that is going to demoralize those members for participating in this organization. We need as many people as we can to sit there to promote The American Legion program. The Legion Riders, the Sons of The American Legion are good venues to help promote these programs. So, we need to do something more than just trying to have people go back home and try to form some kind of policy of 75 to 25% ratio. NATIONAL COMMANDER CONATSER: I’m not aware that this body is trying to discourage anyone from joining the Sons.

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PAST NATIONAL COMMANDER CONLEY: There were some people who felt, as what was given by the Judge Advocate that you can’t have more than 25% of your membership versus with the IRS. Now, there are some squadrons that are more than 25%. That’s simply going to stop the growth of that post from growing their SAL memberships. NATIONAL COMMANDER CONATSER: I don’t think I’m confused. I think that National at this point is trying to get the 25%/75% to be of the national number, 2.7 million to 300,000. PAST NATIONAL COMMANDER CONLEY: That’s exactly what the National Adjutant said. But if you were to poll the people in this room, many people in this room had that many different opinions of what was said here early this morning. NATIONAL COMMANDER CONATSER: At this point, the clarification is, as a national organization, we’re trying to work with the IRS at the national level to make it the 25/75 of the 2.7 million members, and the adjustment for dual members and for veterans who would happen to be in the SAL. They’re not eligible for the Legion, but they are still veterans. Is that clarification for most of you? [Members respond in the affirmative.] If there’s any question at all, don’t hesitate to get me or the Judge off to the side. Are there any other announcements? I think that you should be commended. I can’t imagine we’re out of here at 2:30 in the afternoon. The truth of the matter is, I thank the chairmen and the committees for well put together reports, and doing the work in the subcommittees where it should be done. You really deserve a thank you for just getting out of here early. At this point, if you will rise. We will start promptly at 8:30 a.m. in the morning. Hand salute. Two! We stand in recess.

…The members stood and rendered a right-hand salute to the Colors.

…At 2:30 p.m., on October 17, 2007, the National Executive Committee recessed until 8:30 a.m., October 18, 2007.

PROCEEDINGS

of the

NATIONAL EXECUTIVE COMMITTEE

THE AMERICAN LEGION

Thursday, October 18, 2007

…At 8:30 a.m., October 18, 2007, the Fall Meeting of the National Executive Committee of The American Legion was called to order by National Commander, Martin F. Conatser and the following proceedings were had. NATIONAL COMMANDER CONATSER: The Committee will come to order. Join me in the proper salute for our nations Colors. One. Two! …At this time the members of the National Executive Committee stood and rendered a salute to the colors. NATIONAL COMMANDER CONATSER: I now call on Reverend Elliott L. Foss from Georgia, National Chaplain.

Invocation Rev. Elliott L. Foss, Georgia National Chaplain

I look around and see all these wonderful people here. I’m reminded of when the Drill Sergeant on the firing line was teaching us how to shoot. He’d say, “Ready on the right. Ready on the left. Ready on the firing line.” You know that’s where we stand today, on the firing line, ready to go. Let’s pray. Gracious Father, we come again today to conduct this business. We pray that Your wisdom will be upon us. We pray that You will give us all the insight that we need. Father, we pray for our troops serving throughout this world. We pray for the leadership of our government, especially for the leadership of this American Legion. Father, you have endowed us with so many opportunities to serve our fellow man. May we always be found at the forefront, taking care of our veterans and their families. Bless us today and give us the hope that we need to make this world a better place. For God and Country. Amen. …Chorus of Amen.

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

NATIONAL COMMANDER CONATSER: Join me in the Pledge of Allegiance. …At this time the members of the National Executive Committee recited the Pledge of Allegiance. NATIONAL COMMANDER CONATSER: Please join me in reciting the Preamble. …At this time the members of the National Executive Committee recited the Preamble. NATIONAL COMMANDER CONATSER: I call on the National Adjutant for the Roll Call. NATIONAL ADJUTANT SPANOGLE SPANOGLE: Thank you, Mr. Commander.

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Roll Call

National Commander

Martin F. Conatser, Illinois

National Adjutant

Robert W. Spanogle, Michigan

National Chaplain

Elliot L. Foss, Georgia

National Vice Commanders

Peggy G. Dettori, Alaska Thomas L. Burns, Delaware Randall A. Fisher, Kentucky Donald J. Hayden, Minnesota David A. Korth, Wisconsin

Past National Commanders

John H. Geiger, Illinois Daniel A. Ludwig, Minnesota Joe L. Matthews, Texas Joseph J. Frank, Missouri William J. Rogers, Maine—Excused Anthony G. Jordan, Maine—Excused Michael J. Kogutek, New York—Excused Butch L. Miller, Virginia Keith Kreul, Wisconsin Hon. Alan G. Lance, Idaho—Excused Clarence M. Bacon, Maryland Ray G. Smith, North Carolina Judge James P. Dean, Mississippi—Excused Richard J. Santos, Maryland John P. ‘Jake’ Comer, Massachusetts Ronald F. Conley, Pennsylvania Miles S. Epling, West Virginia John A. Brieden, III, Texas Robert S. Turner, Georgia—Excused Thomas P. Cadmus, Michigan Bruce Thiesen, California—Excused Thomas L. Bock, Colorado—Excused William M. Detweiler, Louisiana—Excused Paul A. Morin, Massachusetts

National Executive Committeemen

Department Committeemen Alternate Alabama Floyd W. Turner Alaska Jim Van Horn Arizona Julius Maklary Arkansas Ross Rogers California James Hackney Colorado Jeff Luginbuel Connecticut Richard W. Anderson Delaware John J. Jackson D.C. Walter W. Norris—Excused Paul H. Hasz Florida Robert J. Proctor

Proceedings of Thursday, October 18, 2007 115

France William E. Marshall Georgia Ray Hendrix Hawaii Andrew Johnson Idaho Cleve Rice Illinois Kenneth J. Trumbull Indiana W. Darrell Hansel Iowa Michael E. Wanser Kansas David O. Warnken Kentucky Randall Coffman Louisiana Charles D. Aucoin Maine Robert A. Owen Maryland Dr. Gordon B. Browning Massachusetts James F. Army Mexico John E. Hayes Michigan Gerald N. Dennis Minnesota Virgil V. Persing Mississippi Charles E. Langley Missouri David N. Voyles Montana Bob O. Beals Nebraska Michael J. Landkamer Nevada Robert Gutzman New Hampshire John Neylon, Sr. New Jersey William A. Rakestraw, Jr. New Mexico Bruce Jorgensen New York Paul G. Mitras North Carolina Jerry L. Hedrick North Dakota Curtis O. Twete Ohio Carl W. Swisher Oklahoma Bobby J. Longenbaugh Oregon Charles Schmidt Pennsylvania Alfred Pirolli Philippines William J. Kelly Puerto Rico Carlos Orria-Medina Rhode Island Ernest Gerundio South Carolina Billy W. Bell South Dakota Paul A. Evenson Tennessee Jennings B. Loring Texas Ronald G. Cherry Utah William E. Christoffersen Vermont Leslie V. Howe Virginia Rob R. Gordon, Jr. Washington William Schrier West Virginia William W. Kile Wisconsin Arthur D. Herbison Wyoming Irvin A. ‘Tiny’ Quick—Excused Gerald Jacobs

NATIONAL ADJUTANT SPANOGLE SPANOGLE: That completes the roll call, Mr. Commander. NATIONAL COMMANDER CONATSER: I declare a quorum.

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I now call on the Americanism Chairman, Joseph Caouette, Jr., from New Hampshire, for the purpose of a report.

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

I’m privileged to stand before you once again to report on the actions of your National Americanism Commission. Copies of my report and accompanying attachments have been distributed to you for review. I’d like to mention some things that we’re concerned about. Let me begin by congratulating the Department of Oklahoma for hosting a successful American Legion Baseball World Series and, of course, congratulations to the Department of Tennessee’s Post 19, in Columbia, Tennessee, for winning this year’s World Series. Your National Americanism Commission welcomes the challenges outlined by our Commander to walk the point on the Legion’s efforts to get people registered to vote and to the polls for our upcoming elections. It’s only right that we do so, since nothing is more true Americanism than to encourage our citizens to be involved in our government and its electoral process. Ladies and gentlemen, it is written in our founding documents and in our organizational mandates that we support our country’s Constitution, and to me, that means exercising our responsibilities as citizens to our government by voting and encouraging others to do so as well. For the next year, that should be priority number one. A multi-divisional committee of national staff members has been assembled to chart the course of our efforts as an organization. I know the Commander will be promoting this in his travels this year as will your Americanism Commission. Please encourage your departments to get involved as well, to promote statewide support, and, above all, contribute to the democracy in the United States. After all, that’s what we’re known for. Attached to my written report is a report on participation numbers for our American Legion Boys State Programs. The numbers are not good. For the first time in many years, participation has fallen below 20,000 nationally. That’s frightening. It’s been a consistent downward trend in the majority of departments and, in some cases, threatens their program’s very existence. That’s very serious. Ladies and gentlemen, this is a very serious problem that needs to be addressed. Your Americanism Commission has brought forth a resolution in that regard, one that expresses our concern and, hopefully, your concern, in the declining numbers. That resolution was submitted to the Resolution Subcommittee for consideration at this meeting. If adopted, it will be a big part of our efforts to deal with the problem when the Boys State Directors meet here in Indianapolis in two weeks. The national organization considers Boys State as being department programs, under the jurisdiction of and conducted by the various departments of The American Legion. But also from the national perspective, we cannot stand by and do nothing about what is happening, and we haven’t. The Public Relations Division has produced a new DVD on Boys State. We’ll be making distribution to the departments in the next few weeks. In fact, the first distribution will be at the Americanism Conference in two weeks. Please use it to interest school officials and students and sponsors in this worthwhile activity. It’s a real beautiful piece of work, it really is. It’s been one of our premier youth programs for many, many years. It’s our obligation as leaders in this organization to nurture it back to health.

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There are a couple of matters concerning American Legion Baseball that I wish to bring to your attention. Concern has been expressed to your Americanism Commission about the participation of college students in American Legion Baseball because of the different levels of maturity and in some cases abilities among the players. The Baseball Subcommittee has recommended limiting participation in The American Legion Baseball to players enrolled in an accredited high school or state-certified home school study program, as of March 31 of each year. This recommended change and eligibility will be considered by the Baseball Chairman at the conference in two weeks and reported back to the Americanism Commission for their deliberations in the spring. This year, three teams have qualified for the National Regional Tournament by winning the state tournaments that did not compete in the National Tournament because of school obligations. The earliest start of the school years across the nation is adversely affecting our baseball program, resulting in a loss of teams. Because of this, the Americanism Commission will bring forth a resolution in the spring to move tournament dates up by approximately one week for the years when the World Series is not played at the National Convention.

Report: Americanism Commission October 15-16, 2007 Joseph E. Caouette, Jr., New Hampshire, Chairman

Mr. Commander and members of the National Executive Committee: The National Americanism Commission met August 25, 2007 at Reno, Nevada prior to the opening of the 89th National Convention of the American Legion. An executive section of the Commission met in Indianapolis, Indiana, October 15-16, 2007. This report will cover both meetings. The Americanism Commission met jointly with the National Commission on Children & Youth at its pre-convention meeting. Appearing at this session were the five national youth champions. They are: Joseph Walsh, East Weymouth, Massachusetts (2006 American Legion Baseball Player of the Year) Benjamin Wallace, Hockessin, Delaware (2007 American Legion Boys Nation President) Co’Relous Bryant, Jacksonville, Fla.(2007 Nat’l Oratorical Contest Winner) Welland Burnside, Garden City, So. Carolina (2007 Eagle Scout of the Year) Dempster Christenson, Sioux Falls, So. Dakota (2007 Precision Jr. Shooting Champion) Americanism Commission Chairman Joe Caouette (NH) gave an update on the programs of Americanism. Other speakers were invited and introduced by Dennis Boland, Chairman of the Commission on Children & Youth. On October 15, 16, 2007, at least 29 members of the National Americanism Commission, the Americanism Council and the Counter-Subversive Activities Committee met at the Sheraton Hotel City Centre in Indianapolis, Indiana. Following is an overview of the committee reports and program information that was discussed by those members in attendance.

National Americanism Conference The ninth annual National Americanism Conference, which includes meetings of Department Boys State Directors, Department Baseball Chairmen, Department Oratorical

118 Proceedings of Thursday, October 18, 2007

Contest Chairmen and Department Chaplains will be held November 2-4, 2007, in Indianapolis. More than 400 program volunteers are expected to attend.

American Legion Boys State The Americanism Commission previewed a new video on American Legion Boys State and American Legion Auxiliary Girls State. Produced by the Legion’s Public Relations Division, the video is designed to promote participation in this activity by better informing school officials, parents and potential sponsors and participants about American Legion Boys State and Auxiliary Girls State. Copies of the video will be made available to Departments for promotion of their 2008 program. The Commission expressed its concern in the multi-year trend of declining participation in Boys State. (see attachment) It expressed concern about the loss of participants by offering forth a resolution encouraging Departments and their Boys State programs to work towards offering this educational opportunity to more students in their state.

Junior Shooting Sports The results of the 17TH Junior Air Rifle National Championship held August 7-12, 2007 in Colorado Springs, Colorado and the 2008 Junior 3-Position Air Rifle National Championship Match Program have been placed on The American Legion’s Internet web site. There are currently 1010 clubs nationwide in 51 Departments that are enrolled in this program, reflecting a continued yearly increase since the inception of the program. Noel Maxwell, a thirteen year-old female shooter from Bowling Green, Kentucky, and the youngest National Champion in the history of the program, claimed the Sporter championship. Maxwell shoots for the Corvette City Shooting Team, which is sponsored by Post 23, Bowling Green. Seventeen year-old Dempster Christenson of Sioux Falls, South Dakota won the Precision championship. Christenson is a member of the Humboldt Sharpshooters, sponsored William H. Crippen Post 62, Humboldt, SD. Sporter athlete Kaitlyn Martin, of Peralta, New Mexico was named winner of the Francis M. Redington Sportsmanship award. Maxwell is a member of the Valencia County 4-H Shooting Team, sponsored by Post 85, Los Lunas, NM.

The National Committee On Education The National Committee on Education met on Saturday, September 29, 2007, in the Rose Bente’ Lee Center, Marymount University, Arlington, Virginia. The Samsung National Selection Committee named the following students as 2007 Samsung American Legion Scholars and each will receive a $20,000 scholarship for their undergraduate studies:

Richard Alt, III—Stafford, Virginia Catherine Pepmiller—Columbia, Missouri Stephen Bryant—Clinton, South Carolina William Seigfreid—Mexico, Missouri Sean Fisher—Hurricane, Utah Trevor Smith—Mitchell, South Dakota Nathan Giordano—Oroville, CA Brandon Timm—Neligh, NE Emmamarie Haasl—Brooklyn Park, Minnesota Brady Waibel—New Ulm, Minnesota

The 88 remaining “National Finalists” in the Samsung American Legion Scholarship Program will each receive a $1,000 scholarship for their undergraduate studies. As of October 9, contributions to the American Legion Legacy Scholarship Fund total $1,868,137 that includes $466,645 donated to the fund in 2007.

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Counter Subversive Activities Committee Your Counter Subversive Activities Committee remains vigilant to the threats of terrorism in this country and urges the entire American Legion family to do likewise. The threat of terrorist attacks remains very real and very dangerous to Americans and American institutions. Of major concern to the committee is our porous borders and who may be entering our country illegally and what their intentions might be. The committee extends its appreciation to members and others who helped defeat amnesty bills that were being considered in the current session of the 110th Congress.

Boy Scouts The American Legion 2008 Eagle Scout of the Year applications have been sent to Department Adjutants and Scout Chairmen. The application is also available on The American Legion’s Internet web site. Over 7,000 recognition certificates from the Americanism Commission have been presented to new Eagle Scouts during the current year. Over 300 Legion, Auxiliary and SAL members have been awarded The American Legion and Scouting Square Knot Award, which recognizes adult volunteers in Scouting within the American Legion Family.

American Legion Baseball The National Americanism Commission commends the Department of Oklahoma, the community of Bartlesville and American Legion Post 105 for hosting a successful 2007 World Series of American Legion Baseball. Attendance for the event exceeded 20,230 paid admissions. The Americanism Commission also congratulates the American Legion Baseball team sponsored by Post 19 in Columbia, Tennessee, for winning this year’s World Series. The American Legion Baseball Subcommittee voted that effective with the 2009 ALB season, players must be enrolled in an accredited secondary high school or a state certified home study program on March 31 in order to be eligible to play American Legion Baseball. Effective in 2008, players proof of age eligibility shall be determined by either a state certified birth certificate, a driver’s license that meets the new federal “Real ID” guidelines, a passport, a military (dependent) identification card or be certified by Departments using the Automated Information Management (AIM) software. Three Department Champion teams were unable to participate in the regional tournaments this year because of conflicts with the start of school in their communities. Because of this, considerable discussion focused on moving up the dates of the national Regional and World Series tournaments by one week. It was decided to seek the approval of the Department of North Dakota and the community of Fargo to move the dates of the 2009 ALB World Series from August 21-25, 2009 to August 14-18. Following concurrence by North Dakota, a resolution will be written and brought forward at the 2008 Spring Meeting of the National Executive Committee reflecting the change in dates. At the meeting of the National Americanism Commission held at the Sheraton Hotel City Centre, Indianapolis, Indiana, October 15-16, 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.

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Addendum A: Resolutions Not Approved

Hold for Further Study

Register Resolution No. 2589 (FR): Boys State and Boys Nation Delegates from the Department of France Resolution No. 76 (MT) (2007 NC): Automatic Birthright to Children Born of Illegal Immigrants Resolution No. 118 2007 (CA) NC): Reverse Automatic Birthright to Children Born of Illegal Immigrants

Rejected

Resolution No. 113 (PA) (2007 NC): POW/MIA Flag Display Added to Flag Code Resolution No. 121 (CA) (2007 NC): Rights of Citizenship be Granted Only to Children with Type I or Type 2 Birth Certificates Resolution No. 165 (TN) (2007 NC): Exempt the United States Flag from Local Regulations Concerning the Display of Advertising and/or Decorative Flags

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: I move that the report be received and filed, with the exception of five resolutions and one addendum. …Second. NATIONAL COMMANDER CONATSER: I have a motion and a second on the floor to receive and file. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ All opposed by the same sign. Motion carried.

Resolution No. 1: Expression Of Concern In The Decline Of Boys State Participation Origin: Americanism Commission Submitted by: Americanism Commission WHEREAS, American Legion Boys State, a highly respected and selective educational program of government instruction for high school students, has been a program of The American Legion since 1935; and WHEREAS, American Legion Boys States are conducted in 49 Departments of The American Legion; and WHEREAS, Objectives of the program are: 1. Develop leadership and pride in American citizenship; 2. Arouse a keen interest in the detailed study of government; 3. Develop a full understanding of American traditions and a loyalty to the United States of America; 4. Arouse in the young citizens a determination to maintain our form of government; 5. To inculcate a sense of individual obligation to the community, state and nation; and 6. To safeguard and transmit to posterity the principles of justice, freedom and democracy; and WHEREAS, Participation in American Legion Boys States has declined nationally by more than 5,200 since 1996, with 35 Boys States reporting a decrease in enrollment in 2007 from the previous year; now, therefore, be it

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RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2007, That The American Legion’s National Executive Committee expresses its concern about the decline in enrollment in most of the American Legion Boys State programs in recent years and strongly encourages the various Departments of The American Legion to take appropriate and necessary action to increase participation in their American Legion Boys State programs; and, be it finally RESOLVED, That the concern in the decline in Boys State program participation expressed herewith by the National Executive Committee and the National Americanism Commission be conveyed to the Boys State Directors at their conference on November 2-4, 2007 in Indianapolis.

[See Chart 1, Boys State Participation and Chart 2, Membership/Boys State Comparison on pages 157-158.]

RESOLUTION SUBCOMMITTEE MEMBER SWISHER: This has the approval of the Americanism Commission, the Subcommittee on Resolutions, and I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: There is a motion seconded on the floor. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, by the same sign. Approved.

Resolution No. 2: Oppose Proposed Flag Code Change—Conduct During Hoisting, Lowering Or Passing Of The Flag Origin: Americanism Commission Submitted by: Americanism Commission WHEREAS, The American Legion is recognized as one of the country’s foremost authorities on the proper display of the United States flag; and WHEREAS, Title 4, Chapter 1, Section 9, United States Code currently states, “During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present except those in uniform should face the flag and stand at attention with the right hand over the heart. Those present in uniform should render the military salute. When not in uniform, men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Aliens should stand at attention. The salute to the flag in a moving column should be rendered at the moment the flag passes”; and WHEREAS, Congressional legislation proposes to change Title 4, Chapter 1, Section 9, United States Code to read: “During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, those present in uniform should render the military salute. Members of the Armed Forces and veterans who are present but not in uniform may render the military salute. All other persons present should face the flag and stand at attention with their right hand over the heart, or if applicable, remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Citizens of other countries should stand at attention. All such conduct toward the flag in a moving column should be rendered at the moment the flag passes”; and WHEREAS, The American Legion appreciates the sincere intent of the proposed legislation to recognize all veterans by authorizing the military salute as an option to the traditional means of honoring the flag by placing the right hand over the heart; and

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WHEREAS, Military regulations would also have to be changed, which currently specify that members not in uniform face the flag and stand at attention with the right hand over the heart, if covered, men shall remove the headdress and hold it at the left shoulder, the hand being over the heart; and WHEREAS, Title 36, United States Code, Chapter 1, Section 4 states, “The Pledge of Allegiance to the Flag” should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute; and WHEREAS, Title 36, United States Code, Chapter 3, Section 301 states, “During a rendition of the National Anthem when the flag is displayed all present except those in uniform should stand at attention facing the flag with the right hand over the heart; men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart; and individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note”, which would cause confusion as to how to properly salute when the flag is raised and the National Anthem is played; and WHEREAS, The sentence “Members of the Armed Forces and veterans who are present but not in uniform may render the military salute,” raises the concern that Legionnaires, while wearing a baseball cap or other casual headdress would render a military salute; and WHEREAS, The non-veteran public may soon follow the lead of those veterans and render the military salute as the flag is hoisted, lowered, or is passing; 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, 2007, That such a proposed change to the U. S. Flag Code to prescribe that members of the Armed Forces and veterans out of uniform may render the military salute during hoisting, lowering, or passing of the United States flag would cause confusion leading to breaches of flag etiquette with regard to proper conduct during the recitation of the Pledge of Allegiance and conduct during the playing of the National Anthem; and, be it finally RESOLVED, That Title 4, Chapter 1, Section 9, United States Code remain as written.

RESOLUTION SUBCOMMITTEE MEMBER SWISHER: This has the approval of the Americanism Commission, the Subcommittee on Resolutions, and I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: There is a motion and a second on the floor. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed by the same sign. Adopted. RESOLUTIONS SUBCOMMITTEE MEMBER SWISHER: Resolution No. 3, Need A Lift Agreement. This is an 8A that was read yesterday at 10:00 a.m. and is being read again today at 8:44 a.m.

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Resolution No. 3: NEED A LIFT? Agreement Origin: Americanism Commission Submitted by: Americanism Commission WHEREAS, McGlinn & Associates, Nokesville, Virginia updated the scholarship information in The American Legion’s financial aid publication NEED A LIFT? for the 57th edition; and WHEREAS, The American Legion must enter into a Statement of Understanding with McGlinn & Associates, Nokesville, Virginia for the purpose of updating NEED A LIFT? for the 58th edition; 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, 2007, That The American Legion enter into a one-year agreement with McGlinn & Associates, Nokesville, Virginia for the use of their resources in the preparation of the 58th edition of The American Legion’s financial aid publication NEED A LIFT?; and, be it further RESOLVED, That the National Commander be and is hereby authorized to negotiate the terms and conditions of said agreement with McGlinn & Associates to include its resources for NEED A LIFT? and further refinements as deemed necessary to keep The American Legion education assistance program the quality product it has become; and, be it finally RESOLVED, That the National Commander after review and approval by the National Judge Advocate 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.

RESOLUTION SUBCOMMITTEE MEMBER SWISHER: This has the approval of the Americanism Commission, the Subcommittee on Resolutions, and I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: There is a motion and a second on the floor. Any discussion? Hearing none. All in favor by the normal sign of ‘Aye.’ Opposed by the same sign. Adopted.

Resolution No. 4: Support For Voter Registration and Voting Program Origin: Americanism Commission Submitted by: Americanism Commission WHEREAS, The American Legion, since its inception, has promoted an active involvement by its members, posts and departments in the electoral process in the United States; and WHEREAS, Numerous resolutions through the years have put The American Legion on record encouraging all eligible voters to vote on Election Day; and WHEREAS, Resolution 136, 1952 National Convention, Get Out the Vote, established an American Legion voter education and participation program by the same name; and WHEREAS, Our democratic republic is threatened by an apathetic and a disenfranchised populace who choose not to participate in our country’s electoral process; and WHEREAS, Members of The American Legion, who vote in numbers exceeding the national average, have a unique opportunity to participate in the electoral process and to encourage others to do so as well; and

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WHEREAS, The Get Out the Vote program is non-partisan and has for its purpose the encouragement of all eligible voters to register and participate in all elections; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting in Indianapolis, Indiana, on October 17-18, 2007, That The American Legion reiterates its longstanding commitment of service to the United States of America by recognizing and promoting the truest form of Americanism and personal responsibility to our government, the act of voting on Election Day; and, be it finally RESOLVED, That The American Legion, through its Get Out the Vote program, encourage its members, posts, districts and departments to fully involve themselves in the electoral process by serving as poll volunteers, poll workers, by voting and by encouraging and assisting others to register and vote.

RESOLUTION SUBCOMMITTEE MEMBER SWISHER: This has the approval of the Americanism Commission, the Subcommittee on Resolutions, and I move for its adoption. …Seconded. NATIONAL COMMANDER CONATSER: There is a motion and a second on the floor. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed by the same sign. Adopted.

RESOLUTIONS SUBCOMMITTEE MEMBER SWISHER: Resolution No. 5. College Board License Agreement. This is also an 8A. This was ready yesterday at 10:40 a.m. Let the record show it is being read at 8:45 a.m. on October 18, 2007.

Resolution No. 5: The College Board License Agreement Origin: Americanism Commission Submitted by: Americanism Commission WHEREAS, The College Board, New York, New York provided its data for the “college profile” section of NEED A LIFT? for the 57th edition; and WHEREAS, The American Legion must enter into a license agreement with The College Board, New York, New York to use its data for the “college profile” section of NEED A LIFT? for the 58th edition; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, October 17-18, 2007, That The American Legion enter into a one-year agreement with The College Board, New York, New York for the use of its data in the preparation of the 58th edition of The American Legion’s financial aid publication NEED A LIFT?; and, be it further RESOLVED, That the National Commander be and is hereby authorized to negotiate the terms and conditions of said agreement with The College Board; and, be it finally RESOLVED, That the National Commander after review and approval by the National Judge Advocate 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.

RESOLUTION SUBCOMMITTEE MEMBER SWISHER: This has the approval of the Americanism Commission, the Subcommittee on Resolutions, and I move for its adoption.

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…Seconded. NATIONAL COMMANDER CONATSER: A motion and a second on the floor. Any discussion? Hearing none. All in favor by the normal sign of ‘Aye.’ Opposed by the same sign. Adopted.

RESOLUTIONS SUBCOMMITTEE MEMBER SWISHER: We also have an addendum to that resolution. I move that the action of the Commission become the action of the National Executive Committee. …Seconded. NATIONAL COMMANDER CONATSER: A motion is seconded on the floor. Any discussion? Hearing none. All in favor by the normal sign of ‘Aye.’ Opposed by the same sign. And now I call on Jimmie L. Foster of Alaska for the Legislative Chairman Group for the purpose of a report.

Oral Report: Legislative Commission Jimmie L. Foster, Alaska, Chairman

The National Legislative Commission met here at the National Headquarters on October 15-16, 2007. No resolutions were referred to the commission. However, attached to this report are two addenda for your consideration by the National Executive Committee. Addendum I is a list of the resolutions with legislative intent, recommended for adoption by this committee during these meetings. If adopted by this committee, these resolutions will be added to the current legislative agenda. Addendum II is the list of resolutions approved by your committee during the Post Convention NEC in Reno, Nevada. The commission has thoroughly reviewed the entire slate of resolutions past by the National Convention. In accordance with instructions under Rule 8B of the National Executive Committee, the commission offers its recommendations for each resolution to be assigned to one of two categories: legislative initiative (LI) or legislative policy (LP) statements. A legislative initiative reflects an issue that will receive Congressional action during the 110th Congress. A legislative policy reflects an issue that is not likely to be addressed by Congress, but clearly defines The American Legions official position. The commission received in-depth briefings from the legislative staff on various Congressional issues. I would like to share some of the highlights of that discussion. Congress has failed to pass any, I specify any of the fiscal 2008 appropriations bills. Specifically, the military construction, veterans affairs, and related agencies appropriations has passed both the House and the Senate. Unfortunately, the Conference Committee has yet to convene to produce a conference report. The President has publicly stated that he would not veto the MilCon-VA Bill. However, he has issued a warning that the other 11 appropriations bills would face a potential veto if they exceeded his recommended funding levels. During face-to-face meetings with Congressional members and their staff, we have learned of a potential threat to place all 12 appropriations bills into one omnibus appropriations bill to be sent to the President for his consideration. Currently, the federal government is funded by a continuing resolution, CR, that is due to expire on November 16th. Should the President veto an omnibus bill, another continuing resolution would probably last through February of next year. We need to continue to press Congress to pass the MilCon-VA appropriations as soon as possible. Clearly, this is potentially the best VA budget ever passed by Congress.

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The $6 billion increase would provide resources for hiring additional PTSD counselors, additional claims adjudicators and even aggressively addressing CARES constructions plans. The American Legion will continue to closely monitor the appropriations process and urge the Congressional leadership for a timely passage. National Commander Conatser, I want to commend you for your outstanding testimony before the Joint Session of the Veterans’ Affairs Committees. Your meetings on Capitol Hill with key lawmakers gave you a firsthand opportunity to address the challenges we face for the balance of the First Session. Mr. Commander, thank you for your outstanding leadership. and we wish you God speed in your future travels. The National Legislative Commission greatly appreciates the continued support of this National Executive Committee and looks forward to your leadership as we pursue the American Legion’s legislative agenda.

Advance Report: Legislative Commission September 27, 2007 Jimmie L. Foster, Alaska, Chairman

Twenty-six (26) members of the National Legislative Commission, four (4) members of the Liaison Committee, and fifty-four (54) members of the National Legislative Council and other guests met in the Chinese Room of the Mayflower Hotel on September 19, 2007. This meeting was convened on the eve of the National Commander’s scheduled presentation of legislative priorities to Congress. Earlier in the day, a legislative briefing session was held for the above-mentioned Legionnaires, National Legislative Council members plus national officers of The American Legion, the American Legion Auxiliary and the Sons of The American Legion. Issues addressed during the briefing session included: VA funding for Fiscal Years (FY) 2008 and 2009; mandatory funding for VA health care; Medicare reimbursement; and, the flag protection constitutional amendment. Veterans Affairs and Rehabilitation Commission Chairman K. Robert Lewis (CT) gave remarks on VA&R legislative mandates for the coming year. Also, former U.S. Senator and long-time Legionnaire Bob Dole (KS) gave a briefing on the final report of the presidential commission he co- chaired to investigate the treatment of wounded OEF/OIF veterans returning from overseas. Finally, National Commander Marty Conatser (IL) made remarks outlining the importance of visiting with lawmakers and leaving the Legislative Priority Sheet with lawmakers and their staff. Immediately following the briefing, the National Legislative Commission meeting was called to order. Legislative Commission Chairman Jimmie Foster gave a brief review of major issues from the briefing session. Legislative Director Steve Robertson (LA) discussed, in great detail, the status of the FY 2008 budget and the possibility of delays in finalizing the FY 2008 appropriations measures. On September 20, 2007, National Commander Conatser delivered a presentation to a joint session of the House and Senate Veterans’ Affairs Committees that summarized his written testimony. Copies of his written statement were mailed to all members of the House and Senate Veterans’ Affairs Committees, as well as all members of Congress.

Recent Congressional Developments

The American Legion began its efforts to influence the FY 2008 budget process in September 2006 with Past National Commander Morin’s (MA) written statement submitted to Congress. Early in the First Session of the 110th Congress, The American

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Legion began lobbying to increase the VA’s funding levels in the budget resolution for FY 2008. Those efforts were eventually successful. On May 17, the Senate by a vote of 52-40 approved the conference report to Senate Concurrent Resolution (S. Con. Res.) 21. The House followed suit later the same day by a vote of 214-209. The budget resolution increased overall VA medical care funding by $2.8 billion over the White House budget proposal. In both instances, administration-proposed enrollment fees paid by veterans using VA medical facilities were replaced by increased funds in the resolution. Although the budget resolution is a non-binding measure, it serves as the funding guideline for the appropriating committees. After the revelations of monetary shortfalls became public two years ago, both the House and Senate have more carefully examined the administration’s VA budget proposal for FY 2008. Additional funds were added, pushing the total VA budget— mandatory and discretionary spending—to a total approaching $87.7 billion. On June 15, by a vote of 409-2, the House passed HR 2642, the FY 2008 spending bill for VA. The Senate passed its version of the spending bill on September 9 by a vote of 92-1. The chart below reflects VA discretionary funding for the current year (FY 2007), the President’s budget request for FY 2008, the amounts approved by the full House and Senate contained in HR 2642, and the funding amounts requested by The American Legion in testimony before the House and Senate Veterans’ Affairs Committees last September.

House Senate President’s Funding Funding Legion’s VA Programs FY 2007 Proposal FY 2008 FY 2008 Proposal Final FY 2008 HR 2642 HR 2642 FY 2008 Medical Services $25.5 bil. $27.2 bil. $28.9 bil. $29.0 bil. $29.0 bil. Medical Administration $3.2 bil. $3.4 bil. $3.6 bil. $3.6 bil. $3.4 bil. Medical Facilities $3.6 bil. $3.6 bil. $4.1 bil. $4.1 bil. $3.6 bil. Medical Care Total $32.3 bil. $34.2 bil. $36.6 bil. $36.7 bil. $36.0 bil. Medical Care Collection Fund (MCCF) $2.3 bil. $2.4 bil. $2.4 bil. $2.4 bil. $2.4 bil. Medical/Prosthetic Research $414 mil. $411 mil. $480 mil. $500 mil. $472 mil. General Operating Expenses $1.5 bil. $1.5 bil. $1.6 bil. $1.6 bil. $2.2 bil. Information Technology $1.2 bil. $1.9 bil. $1.9 bil. $1.9 bil. $1.9 bil. Natl. Cemetery Admin. $161 mil. $167 mil. $170 mil. $218 mil. $178 mil. Construction: Major Projects $399 mil. $727 mil. $1.4 bil. $727 mil. $1.3 bil. Minor Projects $199 mil. $233 mil. $615 mil. $751 mil. $279 mil. Dedicated CARES Funding — — — — $1 bil. State Veterans’ Homes Construction Grants $85 mil. $85 mil. $165 mil. $250 mil. $250 mil. State Veterans’ Cemeteries Construction Grants $32 mil. $32 mil. $37 mil. $100 mil. $42 mil.

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The American Legion continues to oppose the practice of offsetting annual discretionary appropriations by the Medical Care Collection Fund (MCCF) arbitrary goal. Collection delays in accounts receivable and missed goals result in real budgetary shortfalls at each VA medical facility. We believe the time for mandatory funding of veterans’ health care is now. A capitated-based funding formula based on VA enrolled patient population—similar to the formulae used to determine funding for Medicare and Social Security—would bring much needed fiscal stability to the Federal appropriations process for the nation’s undisputed model health care delivery system. Medical and Prosthetics Research, especially during a period of armed conflict, is absolutely critical for service members surviving catastrophically disabling injuries. Research remains a critical component of VA medicine. Finally, the Veterans Benefits Administration (VBA) continues to face an ever-growing backlog of claims for service- connected disabilities. Although repeated promises to “fix” the problem remains unfulfilled, The American Legion remains steadfastly committed to securing adequate funding and staffing of trained professionals to reverse this trend. At this time, none of the 12 appropriations measures for FY 2008 have been enacted. The House has passed 12 of the bills, while the Senate has passed only four of the measures. The new fiscal year will begin on October 1. After the President backed down from his threatened veto of HR 2642, congressional leadership began to examine the possibility of using it as a vehicle for an omnibus FY 2008 spending package. Final passage of FY 2008 spending bills—including the VA funding bill—will take place in the coming months. Congressional appropriators are working on a continuing resolution (CR) to fund the federal government past the October 1 deadline. It is also likely that the VA bill will be rolled into an omnibus spending package with other unfinished appropriations measures. Many issues in The American Legion’s legislative portfolio on Capitol Hill are currently under consideration. Rather than attempting to provide an interim report to this committee on these issues, a complete account of recent congressional activities will be provided when the National Legislative Commission presents its report to you on October 17-18, 2007.

Report: Legislative Commission October 15-16, 2007 Jimmie Foster, Alaska, Chairman

The National Legislative Commission met here at the National Headquarters in Indianapolis on October 15-16, 2007. Eight members of the National Legislative Commission, the National Legislative Council Chairman, two members of the National Executive Committee Liaison Committee, and four guests were in attendance. No resolutions were referred to the Commission for its consideration. Attached to this report are two addenda for consideration by the National Executive Committee. Addendum I is a list of the resolutions, with legislative intent, adopted by your National Executive Committee during these meetings. If adopted by this Committee, these resolutions will be added to the current legislative agenda. The Commission reviewed Addendum II, the entire slate of resolutions approved at the 89th National Convention of The American Legion which are legislative in nature. In accordance with instructions under Rule 8b of the National Executive Committee, the Commission recommends that each resolution be assigned to one of two categories: legislative initiative (LI) or legislative policy (LP) statement. Those recommendations are

Proceedings of Thursday, October 18, 2007 129 included in Addendum II to this report and are submitted for consideration by this Committee for approval. During these meetings, a concise report of the Council’s recent activities was presented. The Commission then received in-depth briefings from the Legislative staff on various congressional actions since the Commission’s last meeting. Commission members discussed Medicare reimbursement; CARES; mandatory appropriations for VA health care; the continuing War on Terror; recent congressional commission recommendations; the Defense authorization and appropriations bills for FY 2008; status of the VA appropriations bill for FY 2008; and other issues currently pending in Congress. The remainder of this report provides a summary of congressional actions since the National Commander’s testimony on issues of particular concern to The American Legion. The report is arranged by program areas.

110th Congress, First Session The budget process has been disrupted again, as October 1—the official start of Fiscal Year (FY) 2008—came and went. None of the 12 funding measures that are needed to operate the Federal government have become law. The House has passed all of the 12 spending bills, while the Senate has passed only five. There does not appear to be any timetable for action on the remaining spending bills. Several issues have held up the appropriations process, the most prominent being attempts by Congress to set policy for the military for the War on Terror. A continuing resolution (CR), House Joint Resolution (HJ Res) 52, seeks to insure no interruption in federal funding for FY 2008. The CR’s language states that Federal agencies will be funded at FY 2007 levels. This CR will be in effect until November 16, which is the target date for adjournment for the First Session. On September 26, the House passed HJ Res 52 by a 404-14 vote. The Senate passed the CR the next day by a 94-1 tally. President Bush signed the measure into law on September 29, becoming Public Law (PL) 110-92. Congressional leaders hope to complete action on the remaining spending measures in the coming weeks. It is unknown whether an omnibus spending bill will be required to fund Federal government operations for the next fiscal year; however, some lawmakers insist that Congress will pass separate bills.

Americanism The concerted efforts of millions of concerned Americans—including The American Legion and the Citizens Flag Alliance (CFA)—to pass a constitutional amendment to protect the American flag fell one vote short of passage by the Senate last year. Earlier in 2007 Representative John Murtha (PA) introduced House Joint Resolution (HJ Res) 12, once more seeking to protect the American flag from acts of physical desecration through passage of a constitutional amendment. The measure currently has 52 cosponsors. There is currently no Senate companion measure. 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 “We, the People” decide. Since its formation in 1919, The American Legion has been concerned with illegal immigration. It is estimated that 12-20 million illegal immigrants reside in this country, with 500,000 illegals thought to be entering this country every year. Since the attacks of September 11, 2001 these concerns have been magnified.

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Earlier this year, the Senate attempted to pass legislation that sought to address the illegal immigration problem. However, the legislation would have rewarded persons who have entered and resided in this country illegally with an expedited path to legalization and even citizenship. A spontaneous grassroots effort by millions of Americans persuaded enough senators to reject the “comprehensive immigration reform” that would have not offered any kind of real enforcement provisions. This legislation was never examined in committee hearings, nor did the original bill even have a final printed version in order that all senators could have some idea of its contents before debate began. During debate on HR 1585, the FY 2008 Department of Defense (DoD) authorization act on September 11, Sen. Dick Durbin (IL) introduced an amendment which contained language originally contained in legislation called the “DREAM Act.” This language would give illegal alien students special in-state college tuition discounts not available to native-born American students and legal immigrant students. However, a second wave of grassroots contacts persuaded the Senate leadership to remove the DREAM Act from HR 1585. Senate Majority Leader Harry Reid (NV) has vowed to bring the DREAM Act up for consideration sometime in the remainder of the First Session. Many members of The American Legion family exercised their rights as American citizens and contacted their senators and expressed their opinions on this legislation. Their efforts are the very essence of being politically active and politically aware. The American Legion will continue to monitor Congress should the immigration issue be raised again. On January 29, Senator Sam Brownback (KS) introduced S 415, the “Veterans’ Memorials, Boy Scouts, Public Seals and Other Expressions of Religion Protection Act” (PERA). This bill is similar to legislation he introduced last year. Rep. Dan Burton (IN) introduced a House companion measure the next day, HR 725. S 415 has 20 cosponsors, while HR 725 has 62 cosponsors. This measure would stop the awarding of taxpayer dollars in legal fees to groups filing lawsuits against veterans’ memorials and other public displays of religion. It would amend the 1976 Civil Rights Attorney’s Fees Awards Act, which allows groups—such as the American Civil Liberties Union (ACLU)—to recover attorney’s fees when they sue cities and towns in cases related to public displays of religion and faith. S 415 would require parties in Establishment Clause cases to pay their own attorney’s fees. It would still allow plaintiffs in such cases to sue on the merits of such a case. “It is not fair for taxpayers to pay the legal bills for groups like the ACLU,” said Sen. Brownback. “Currently many towns comply with the demands of the ACLU rather than risk going to trial and paying hundreds of thousands of dollars in legal fees to the ACLU if they lose the case…This law would prevent…local cities and towns from being coerced into settling claims out of a fear of huge monetary losses.” Then-National Commander Paul Morin applauded Sen. Brownback for re- introducing this measure. He said, “Legal attacks against veterans’ memorials that display religious symbols must not be rewarded by judges reaching into the taxpayer pockets to enlarge the coffers of wealthy organizations such as the [ACLU]. These judicial rewards of taxpayer dollars only encourage more lawsuits against our traditions and memorials.”

Children & Youth On June 28, the Senate Appropriations Committee approved S 1745, the FY 2008 funding measure for the Departments of Commerce and Justice and Science programs.

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The House approved its version of the measure, HR 3093, on July 26 by a vote of 281- 142. Funding for the various Department of Justice (DoJ) programs include: • $6.6 billion for the FBI in the Senate bill, $6.5 billion in the House version, • $1.4 billion for State and Local Law Enforcement and grants in both measures, • $2.08 billion for the Drug Enforcement Administration (DEA) in the House measure, $1.8 billion in the Senate bill, • $1.05 billion for the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF) in both measures, • $905 million for the U.S. Marshals Service in the Senate version, $900 million in the House bill, and • $400 million for the Office of Juvenile Justice and Delinquency Prevention (OJJDP) in the House measure, $340 million in the Senate bill.

Economics On July 11 the House passed HR 3043, a bill to appropriate funds for the Departments of Labor, Health and Human Services and Education for FY 2008, by a vote of 276-140. The Senate Appropriations Committee approved a similar Senate bill, S 1710, on June 21. These measures fund veterans’ programs under ASVET. The chart below outlines funding for ASVET accounts for FY 2007, the Administration’s FY 2008 request, and the amounts contained in HR 3043 and S 1710 for FY 2008.

White Programs PL 110-5 House HR 3043 S 1710 FY 2007 Proposal FY 2008 FY 2008 FY 2008 State Administration Grants $161.4 mil. $161.8 mil. $161.9 mil. $161.9 mil. Federal Administration $32.4 mil. $33.3 mil. $33.3 mil. $33.3 mil. Natl. Veterans Training Institute (NVTI) $2.0 mil. $2.0 mil. $2.0 mil. $2.0 mil. Homeless Veterans Program $21.8 mil. $23.6 mil. $23.6 mil. $23.6 mil. Veterans’ Workforce Investment Programs $7.4 mil. $7.4 mil. $7.4 mil. $7.4 mil. Totals $225.0 mil. $228.1 mil. $228.2 mil. $228.2 mil.

Foreign Relations On June 22 the House passed HR 2764, the FY 2008 Department of State and Foreign Operations spending measure. On September 6, the full Senate approved its version of the bill by a vote of 81-12. Both measures contain $34.2 billion in total funding, $3 billion more than contained in FY 2007, but $700 million less than requested by the White House. Among the earmarks in the bill: • $5.08 billion in global assistance to fight HIV/AIDS, tuberculosis and malaria in both versions; • $2.4 billion in military assistance to Israel in both measures; • $1.7 billion in economic and military aid to Egypt in the Senate version, $1.5 billion in the House bill; • $415 million for the Andean Counterdrug Initiative in the Senate bill, $312 million in the House version; • $401 million in assistance for nations of the former Soviet Union in the Senate measure, with the House version appropriating $398 million; and,

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• $300 million in military assistance to Pakistan—who has been a valuable partner in the Global War on Terrorism—in the Senate bill, with the House measure funding the account at $200 million.

National Security On June 28, the House of Representatives by a 240-179 tally passed HR 2829, the FY 2008 Financial Services and General Government spending bill. Selective Service System funding contained in the bill totals $22 million, an amount $2.8 million less than for the current year. On July 12, the Senate Appropriations Committee passed its version of HR 2829, which contained the same funding amount for Selective Service. On May 17, 2007, the House of Representatives passed HR 1585, the FY 2008 DoD authorization bill. The vote for passage was 397-27. This legislation sets yearly spending guidelines for DoD appropriations, and also includes various policy statements. A total of $645.5 billion in budget authority was authorized. It also included $141.8 billion in emergency funding authorization to support the War on Terrorism and operations in Afghanistan and Iraq. It should be stressed that authorizing legislation only sets spending guidelines for appropriators. The final funding tallies for the accounts listed below will be set in the DoD appropriations bill. Some of the authorizing provisions of HR 1585 include: • $8.4 billion to support the Base Realignment and Closure (BRAC) process; • $2.9 billion for family housing construction; • Increases in Army personnel by 36,000, and a Marine Corps personnel increase of 9000 by FY 2011; • Language authorizing Guard or reserve members to use their mobilization GI Bill benefits up to 10 years after separating from the Selected Reserve; • Language providing full, immediate concurrent receipt to disabled retirees deemed “unemployable” by the VA retroactive to Jan. 1, 2005; • A 3.5 percent across-the-board pay raise for military personnel; and • A prohibition against DoD increasing TRICARE and pharmacy user fees. However, in late September, the Senate began work on this measure, hoping to add language to set a timetable for withdrawal of American forces from Iraq—amendments which the House avoided. Though the Senate did not include a withdrawal timetable, another amendment will draw a veto threat from the White House. Sen. Ted Kennedy (MA) inserted an amendment that addresses hate crimes, legislation that he has been unable to pass as a stand-alone measure for several years. The House on June 15 passed HR 2638, the FY 2008 spending bill for the Department of Homeland Security. The recorded vote for passage was 268-150. The measure provides $36.3 billion for DHS programs, an increase of $2.6 billion over FY 2007 and $2.1 billion above the White House request. On July 26, the Senate passed its version of the bill by a vote of 89-4. It would provide $37.6 billion for DHS in FY 2008, $2.8 billion above FY 2007 spending totals, and $2.2 billion more than the President’s request. Some of the key provisions of the bills include: • $8.9 billion for the Bureau of Customs and Border Protection in the House bill, $8.8 billion in the Senate version; • $8.3 billion for the U.S. Coast Guard in the Senate version, $8.2 billion in the House bill; • $6.6 billion for the Transportation Security Administration in the House measure, $6.5 billion in the Senate measure;

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• $5.3 billion for the Bureau of Immigration and Customs Enforcement in the Senate version, $4.8 billion in the House bill; • $4.6 billion in grants for state and local “first responders” in the House bill, $4.4 billion in the Senate measure; • $1.4 billion for the U.S. Secret Service in both measures; and • $722 million for the Federal Air Marshals program in both bills. During consideration of the bill, the Senate passed an amendment—authored by Sen. Lindsey Graham (SC)—by a vote of 89-1 that would add $3 billion in emergency spending for border security. The money would pay for the hiring of an additional 23,000 Border Patrol agents, 300 miles of vehicle barriers, 105 ground-based radar cameras in the southwestern desert and completion of the 700 miles of border fencing authorized by Congress last year (P.L. 109-367). The Senate on October 3 passed HR 322, the FY 2008 Department of Defense (DoD) appropriations bill, by a voice vote. The House passed its version of the measure on August 5 by a final vote of 395-13. The measure would provide $459.3 billion for DoD discretionary programs for the upcoming fiscal year, $39.7 billion more than was enacted for the current year, but $3.5 billion less than requested by the President. The measure does not include funding for the Global War on Terrorism in Iraq and Afghanistan, which will be considered as a separate bill after the regular DoD funding measure is enacted. Some of the major accounts include: • $23.5 billion for the Defense Health Program in the Senate bill, $23 billion in the House version; • $8.5 billion for ballistic missile defense in both measures, a decrease of over $300 million from the President’s request; • $6.6 billion for continued research and development and procurement of 12 F-35s, the Joint Strike Fighter in the House, while the Senate version would fund these accounts at $6.3 billion; • $3.7 billion for continued research and development of the Army’s Future Combat System in the Senate measure, $3.2 billion in the House version; • $3.6 billion for 20 F-22 fighter planes in the Senate bill, while the House version would fund this account at $3.1 billion; • $3.09 billion for the purchase of one Virginia-class submarine in the House bill, $2.96 billion in the Senate measure; • $2.9 billion for construction and advanced procurement of two DD-1000 next-generation destroyers in the Senate bill, $2.8 billion in the House version; • $1.5 billion for the Army’s program to destroy chemical agents and munitions in the Senate bill, $1.4 billion in the House measure; • $963 million for DoD counter-drug activities and to fight narco-terrorism in the Senate version, $946 million in the House bill; and, • $448 million for the Former Soviet Union Threat Reduction account in the Senate bill, $398 million in the House version. A House-Senate conference committee must now reconcile differences in each version of this measure before the President can sign it. The American Legion continues to support legislation allowing concurrent receipt of military retired pay and VA disability compensation by military retirees. The concept of concurrent receipt dates back to 1891, when Congress passed a law prohibiting active- duty or retired personnel from also receiving disability pensions. The current law dealing

134 Proceedings of Thursday, October 18, 2007 with concurrent receipt was established in 1944, when PL 78-314 allowed retired military personnel to elect to waive an amount of their retirement pay equal to their veterans’ disability compensation payments. The advantage to this provision is that while military retirement pay is considered taxable income, veterans’ disability compensation is not subject to federal income taxes. As a result, the retiree who receives veterans’ compensation and the balance of the retired pay is financially better off than the retiree who receives only taxable retired pay. Four years ago, President Bush signed PL 108-136 to allow certain service- connected disabled military retirees with at least 20 years of service to concurrently receive both their military retired pay and their VA disability compensation without the dollar-for-dollar offset. This created two different programs, the Combat Related Special Compensation (CRSC) and the Concurrent Retirement and Disability Pay (CRDP). CRSC allows eligible military retirees to receive both their military retirement pay and VA disability compensations without any offsets and tax-free. Initially, CRDP would be phased in over a 10-year period for military retirees whose service-connected disabilities are rated at 50 percent or greater (military retirement pay is still taxable and VA disability compensation is tax-free, but there is no offset). PL 108-375 contained a provision to repeal the 10-year phase-in for eligible 100 percent service-connected disabled military retirees. For those rated 100 percent service-connected disabled based on individual unemployability, they will receive the full benefit by 2009. Final regulations for this provision are still being promulgated. Currently, there are several measures pending in Congress to further eliminate the disabled veterans’ tax. First is HR 333, the “Disabled Veterans Tax Termination Act,” introduced by Rep. Jim Marshall (GA), which currently has 55 cosponsors. This measure would amend Title 10 of the United States Code to allow retired members of the Armed Forces who have a service-connected disability rated less than 50 percent to receive concurrent payment of both retired pay and veterans’ disability compensation. It would eliminate the phase-in period for concurrent receipt and extend eligibility for concurrent receipt and combat-related special compensation to Chapter 61 retirees—who are service- connected disabled retirees with less than 20 years of service. Under this bill, Chapter 61 retirees would receive 2.5 percent of their base pay for each year served in the military, thus, a service member retired under Chapter 61 after 12 years of service would receive 30 percent of their base pay. H.R. 303, the “Retired Pay Restoration Act,” introduced by Rep. Gus Bilirakis (FL), currently has 149 cosponsors. This bill provides concurrent receipt to retirees with 20 or more years of service that are rated less than 50 percent service-connected disabled. It eliminates the phase-in for all disabled veterans. It also allows temporary early retirement authority (TERA) retirees to apply for CRSC, for which they currently do not qualify. S. 439, the “Retired Pay Restoration Act,” introduced by Senate Majority Leader Harry Reid (NV) would also chip away at the Disabled Veterans Tax. It currently has 28 cosponsors. Specifically, Senator Reid is seeking to expand concurrent receipt to those veterans who are adjudged totally disabled by virtue of unemployability. The American Legion will continue the fight to see full concurrent receipt instituted for all disabled military retirees.

Veterans Affairs and Rehabilitation On March 28, the House voted 426-0 to pass HR 1538, the “Wounded Warrior Assistance Act.” The Senate passed a modified version of the measure on July 25 by unanimous consent. This legislation seeks to address the problems facing wounded servicemembers and to improve their transition from the military to VA.

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Since the beginning of the Global War on Terrorism, servicemembers injured in combat have had a difficult time receiving proper care at military medical centers across the country. In addition, many servicemembers are experiencing delays in the processing of their records from DoD medical care to the VA medical system. HR 1538 responds to concerns raised by the men and women of our armed services by doing the following: • Provide servicemembers with an assigned medical care case manager and limiting the manager’s caseload in order to prevent extensive backlogs; • Provide medical advocates to stand with servicemembers before medical evaluations boards; • Provide a toll-free hotline that servicemembers and their families can use to report inadequacies in care, stipulating that complaints called into the hotline must be investigated and a plan to remedy these complaints should be in place within 96 hours; • Establish a DoD pilot program to ensure that our servicemembers have a seamless transition from the Armed Forces to VA by requiring a more efficient movement of medical records and a better process for our separated or retiring troops; • Require DoD and VA to work together to improve their disability evaluation systems, hopefully ending a lot of the current backlog; and, • Authorize $50 million for wounded servicemembers’ support programs. House Veterans’ Affairs Committee Chairman Bob Filner (CA) said, “The Wounded Warrior Assistance Act…provides the people, training, and oversight mechanisms needed to ensure that our wounded warriors feel secure that they will always receive committed quality care and that the system will not fail them. The legislation also sets the stage for much needed reform of administrative processes that will restore member confidence in the integrity and efficiency of the disability evaluation system and begin the process of achieving a truly seamless transition of servicemembers to the Department of Veterans Affairs programs.” On July 25, during Senate consideration, HR 1538 was amended by the Senate to include language from S 1606, a companion measure introduced by Sen. Carl Levin (MI). No conference committee has been named to reconcile the differences in these measures. Consequently, the language of HR 1538 was amended to HR 1585, the FY 2008 DoD authorization bill. On May 23 the House of Representatives passed six bills that will affect veterans. These measures reflect the lion’s share of the work done by the House Veterans’ Affairs Committee to that point in the 110th Congress. The Senate Veterans’ Affairs Committee has not acted on any of these measures. HR 67, the “Veterans Outreach Improvement Act of 2007,” was passed by a vote of 421-0. This bill would establish a new grant program for state veterans’ outreach programs. It would authorize $25 million a year in grants from FY 2007 through FY 2009. Under this legislation, states could disburse funds to county veterans’ service offices. The House also passed HR 612, the “Returning Servicemember VA Healthcare Insurance Act of 2007,” by a 419-0 vote. It would extend the term of free health care for returning servicemembers from two years to five years. This change is intended to help veterans who may have health problems that do not become apparent until well after their military discharge. The bill’s provisions would apply only to veterans who have served in combat during or after the 1991 Persian Gulf War. Another measure, HR 1470, passed by a 421-1 vote. This measure, the “Chiropractic Care Available to All Veterans Act,” would require VA to provide chiropractic care at 75

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VA medical centers by the end of 2009, and at all VA medical centers by the end of 2011. HR 2199 passed the House by a 421-0 tally. This measure, the “Traumatic Brain Injury Health Enhancement and Long-Term Support Act of 2007,” would authorize up to five new traumatic brain injury research centers, and mandate a comprehensive program for treating traumatic brain injuries at VA health care centers. It would also authorize $70 million for research, training and education programs for FYs 2008 through 2011. HR 2199 would also authorize an additional $7.5 million for a pilot project of mobile veterans’ centers, intended to improve access to readjustment counseling for returning veterans, in FY 2008 and each succeeding year. Another measure passed by the House was HR 2239, the “Early Access to Vocational Rehabilitation and Employment Benefits Act.” The vote for passage was 414- 0. This measure would extend eligibility for vocational rehabilitation benefits to disabled servicemembers who have not yet been discharged from the military, but are likely to be discharged because of their condition. The final bill passed by the House, HR 1660, would authorize a national veterans’ cemetery in southern Colorado. The measure passed by a voice vote. These measures now go to the Senate for further action. On June 15, the full House approved HR 2642, a bill to fund Military Construction projects and the Department of Veterans Affairs (VA) for FY 2008. The measure was cleared by a 409-2 vote. The Senate on September 6 passed its version of the measure by a vote of 92-1. The bill would increase VA’s budget to a total of $87.7 billion, $9.9 billion above the FY 2007 level—the largest single increase in VA’s history—and $3.8 billion above the President’s request for the upcoming fiscal year. It also increases funding to VA’s repair and maintenance needs to avert any incidents similar to the Walter Reed experience from happening in the VA system. The chart below outlines VA final discretionary appropriations for FY 2007, the President’s VA budget request for FY 2008, and amounts approved by the House and Senate for FY 2008.

FY07 President’s House Senate Discretionary Funding Programs Funding Request Bill Version PL 110-5 FY 08 HR 2642 HR 2642 Total Medical Care $32.3 bil. $34.2 bil. $36.6 bil. $36.7 bil. Medical Services $25.5 bil. $27.2 bil. $28.9 bil. $29.0 bil. Medical Administration $3.2 bil. $3.4 bil. $3.6 bil. $3.6 bil. Medical Facilities $3.6 bil. $3.6 bil. $4.1 bil. $4.1 bil. Medical/Prosthetics Research $414 mil. $411 mil. $480 mil. $500 mil. Major Construction $399 mil. $727 mil. $1.4 bil. $727 mil. Minor Construction $199 mil. $233 mil. $615 mil. $751 mil. State Veterans’ Homes Construction Grants Program $85 mil. $85 mil. $165 mil $250 mil. State Veterans’ Cemetery Construction Grants Program $32 mil. $32 mil. $37 mil. $100 mil. National Cemetery Administration $161 mil. $167 mil. $170 mil. $218 mil. General Operating Expenses $1.5 bil. $1.5 bil. $1.6 bil. $1.6 bil. Information Technology $1.2 bil. $1.9 bil. $1.9 bil. $1.9 bil.

Other spending in the measure includes $21.4 billion for military construction, family housing and the Base Realignment and Closure (BRAC) process. This is an

Proceedings of Thursday, October 18, 2007 137 increase of $207 million over the President’s request for FY 2008, and $5.1 billion more than the current fiscal year. During consideration by the House Appropriations Committee on June 6, the measure was initially approved by a voice vote, Rep. Chet Edwards—chairman of the Appropriations Subcommittee on Military Construction and Veterans Affairs—requested a recorded vote. This was done to send a strong bipartisan message to the White House, which had threatened to veto the bill if it exceeded the President’s initial budget request. The FY 2008 funding allocations for many of the VA accounts meet or exceed funding targets proposed by The American Legion in testimony by National Commander Morin earlier this year. This is the first time that this situation has occurred in many years. The American Legion will continue to monitor the FY 2008 budget process in the coming months. The House on July 30 passed three measures that seek to fill in gaps in veterans’ benefits programs. These bills now go to the Senate for further action. By a voice vote, the House approved HR 2874, the “Veterans’ Health Care Improvement Act of 2007.” One of its provisions would authorize a new grant program for therapeutic readjustment counseling for veterans of conflicts after the 1991 Persian Gulf War. It would also authorize financial assistance for low-income veterans’ families who live in permanent housing, authorizing $25 million per fiscal year for the program. Another provision would authorize a transportation grants program to provide innovative transportation options to veterans in remote rural areas. The measure would authorize a total of $3 million per year from 2008 through 2012 for these grants. HR 2874 would also shorten from 60 days to 30 days the time that homeless veterans must be enrolled in VA’s medical care program before they are eligible for dental care. A second measure approved by a voice vote was HR 2623. This bill would waive a co-payment requirement for veterans receiving hospice care at home or at acute or palliative care facilities, rather than from a VA health care facility. The final bill, HR 1315, the “Veterans’ Benefits Improvement Act of 2007”—also passed by a voice vote—would make adaptive housing assistance available to disabled servicemembers temporarily staying in a house owned by a family member. The legislation would extend the benefit to servicemembers before their discharge, changing current law that allows adaptive housing assistance only after discharge. Eligible veterans could receive up to $14,000 to make modification to their families’ homes. The measure also includes provisions that would create a scholarship program for students pursuing careers in rehabilitation of the blind. Between 1899 and 1946, the Philippine Islands were administered as American territory and protected by the American military. During World War II—after the Philippines were captured by the Japanese in May 1942—American military personnel and their Filipino brothers-in-arms fought a two-year guerrilla war to disrupt the Japanese military machine. At the conclusion of the war, many Philippine veterans believed they would receive the same military benefits as American veterans, since the Filipinos were considered US nationals and were serving as a part of American Armed Forces in the Far East. Initially, these Filipino World War II soldiers were given benefits equivalent to US soldiers. However, passage of the First and Second Rescission Acts of 1946 (Public Laws 79- 301 and 79-391) took away these benefits, by declaring that the service of Filipino World War II veterans was not valid service for VA benefits. Consequently, their benefits were reduced to 50 percent of the dollar amounts received by US veterans. In addition, Filipino veterans are ineligible to have nonservice-connected disabilities treated at VA facilities.

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Shortly after the two Rescission Acts became law, the US government ruled that these loyal Filipino veterans could become naturalized American citizens. They would be permitted to receive full VA benefits—including disability payments, health care and burial benefits—equal to those received by US veterans. The only proviso was that the Philippine veterans must reside in the U.S., while those who stayed in the Philippines were denied these full benefits. Since that time, the US government has steadfastly refused to reverse this injustice. The American Legion has been working over the past six decades to restore full value to these benefits for Filipino veterans, who the US government has treated like second-class veterans. Approximately 120,000 Filipinos served in the Commonwealth Army during World War II. Of that number, about 60,000 Filipino veterans currently reside in the United States and the Philippines. VA estimates that by the year 2010 that number will be reduced to 20,000. For the past 25 years, legislation to address this inequality has been introduced in both congressional chambers. In the 110th Congress, Senator Daniel Inouye (HI) introduced S. 57, the “Filipino Veterans Equity Act of 2007.” A companion measure, H.R. 760, was introduced by House Veterans’ Affairs Committee Chairman Bob Filner (CA). Representative Filner’s bill would grant a yearly pension of $8,400 to married Filipino veterans living overseas, $6,000 for single veterans, and $3,600 for surviving spouses.

Addendum I

Legislative Commission October 17-18, 2007

In compliance with Rule 8-b of the National Executive Committee, the following resolutions with legislative intent are submitted for approval of the National Executive Committee:

Americanism Resolution No. 2: Oppose Proposed Flag Code Change—Conduct During Hoisting, Lowering or Passing of the Flag

Economics Resolution No. 31: Service-Disabled Veteran-Owned Business Status Resolution No. 32: Elimination of the Department of Veterans Affairs Home Loan Funding Fee

Veterans Affairs And Rehabilitation Resolution No. 28: Support Rounding Up Department of Veterans Affairs Benefits for 50 Cents or Higher Resolution No. 29: Support Improvements to Implement a Seamless Transition Resolution No. 30: The American Legion Policy on Traumatic Blast Injuries

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Addendum II

Legislative Commission October 17-18, 2007

The National Legislative Commission is required, under Rule 8-b of the National Executive Committee, to recommend category assignments of resolutions with legislative intent adopted during The American Legion National Conventions. On the following list of resolutions, the designation LI (Legislative Initiative) is assigned to resolutions calling for specific congressional action or issues on which Congress is expected to take action in the near future. The designation LP (Legislative Policy Statement) is assigned to resolutions declaring The American Legion general positions on matters of national or international policy. The following resolutions were adopted during the 89th National Convention and are legislative in nature. The National Legislative Commission make the following recommendations to the NEC’s consideration and action:

Americanism (LI) Res. No. 132: Oppose Amnesty for Illegal Aliens and Employers

Economic (LI) Res. No. 22: Support Allowing all Spouses of Deceased Veterans to Gain Eligibility for The Department of Veterans Affairs Home Loan Program (LI) Res. No. 51: Support Full Funding and Staffing for the Veterans’ Employment and Training Service (VETS) and its Programs (LI) Res. No. 52: Support Restoring Language to Title 38, Chapter 41 Regarding DVOPS and LVERS (LI) Res. No. 91: Support Federal Procurements and Contracts for Veteran- Owned Businesses (LI) Res. No. 100: Support Transitional Housing Allotments for Returning Combat Veterans (LI) Res. No. 130: Oppose Efforts to Change Residency Requirement for State Directors of the Veterans Employment and Training Service (VETS) (LI) Res. No. 133: Support Transfer of Montgomery GI Bill Education Benefits to Immediate Family Members (LI) Res. No. 180: Support Veterans Entrepreneur Training Program (LI) Res. No. 181: Support Veterans Small Business Opportunities

Foreign Relations (LP) Res. No. 2: The American Legion Policy on the Republic of China (LI) Res. No. 16: Support Defense POW/MIA Accounting Office (DPMO) Funding (LP) Res. No. 17: Support for International Press Freedom (LP) Res. No. 172: Support Equitable Non-Resident Aliens Survivors Benefits

Internal Affairs (LP) Res. No. 47: Support the Star Spangled Banner National Historic Trail

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National Security (LP) Res. No. 29: Support National Security Principles (LP) Res. No. 34: Support for the Citizen Corps (LI) Res. No. 38: Support Military Quality of Life (LI) Res. No. 43: Support Retention and Renovation of Walter Reed Army Medical Center (LI) Res. No. 44: Support Increasing the Short and Long-Term Strengths of the Military Services (LI) Res. No. 45: Support Purple Hearts for Traumatic Brain Injuries (TBIs) (LP) Res. No. 46: Support Pain Management Research, Treatment and Therapies (LI) Res. No. 63: Support Exempting Postal Mailing charges for Non-Profit Organizations (LP) Res. No. 72: Support Management of Space Assets (LI) Res. No. 73: Support Procurement of Sufficient F-22 Aircraft (LI) Res. No. 80: Support Cold War Victory Security (LI) Res. No. 85: Support Development and Expansion of the Hyper—22 Aerospace Program (LI) Res. No. 103: Support for Legislation or Laws Prohibiting Interference with the Rendering of Military Funeral Honors (LI) Res. No. 105: Designation of Death Benefit Beneficiaries (LI) Res. No. 123: Oppose Illegal Immigrants and Selective Service Registration (LP) Res. No. 169: Support for the War on Terrorism

Veterans Affairs And Rehabilitation (LI) Res. No. 10: Oppose Legislation Authorizing Legion-Accredited Representatives to Develop Claims Directly or Behalf of the Department of Veterans Affairs (LP) Res. No. 111: Oppose Processing of Original Pension Claims by Department of Veterans Affairs Pension Management Centers (LI) Res. No. 140 Support Extend VA Mortgage Protection Life Insurance to Service-Connected Veterans who are Permanently and Totally Disabled

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: I move the report be received and filed. …Second. NATIONAL COMMANDER CONATSER: I have a motion on the floor to receive and file the report. Any discussion? Hearing none. All in favor by the normal sign of ‘Aye.’ Opposed by the same sign. Received and filed. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, in compliance with Rule 8B of the Rules of National Executive Committee, I move that Addendum I and Addendum II become the legislative intent for the 110th Congress. …Second. NATIONAL COMMANDER CONATSER: I’ve got a motion and a second on the floor. Any discussion? Hearing none. All in favor by the normal sign of ‘Aye.’ Opposed by the same sign. Adopted.

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I want to thank the Legislative Commission and the staff. They’ve done an outstanding job in a very trying time. Having me for their Commander is probably the most trying time, because I’d like to go do other things at times, and they’ve been able to keep me pointed in the right direction in the most effective path. I made the statement in their meeting, and I’d like to make the statement in front of this body that we should be very proud of the respect it’s given our organization. And much of that because of the excellent work our professional staff does. Sometimes when it seems like we should grab somebody by the throat, they understand the nuances a little better than I. I appreciate them and they have done us an outstanding job on the Hill.

NATIONAL COMMANDER CONATSER: I now call on James M. Holmes from Indiana, the National Historian, for his report.

Report: National Historian James M. Holmes, Indiana, Chairman

I am honored to stand before you this morning as your National Historian. I thank Commander Conatser for the appointment. I would also like to recognize the Department of Indiana, with a special thanks to Past National Vice Commander Allan Titus who had the confidence in me to fill this position. My first task was overseeing the judging of the Post and Department Histories in the National Contest. The National Association of Department Historians of The American Legion needs to be recognized for their part in the history judging. I would also like the give a heartfelt thanks to Joe Hovish, Jo Ellen Gazvoda and Lynda Lydick of the National Staff for all their patience in advising and helping me get started. Commander Conatser, members of the NEC, it is an honor for me to serve the great American Legion on the National level. I wish you all a safe trip home and many more years of service to The American Legion. Now for the results of the 2007 National Contest:

The results of the One-Year Department Narrative History Contest are: First Award, Plaque, Department of South Dakota Second Award, Plaque, Department of Wisconsin Third Award, Plaque, Department of Georgia

Certificates of Participation are awarded to Departments: Department of North Carolina Department of Texas

The results of the One-Year Department Yearbook History Contest are: First Award, Plaque, Department of Ohio Second Award, Plaque, Department of North Carolina and Department of South Dakota Third Award, Plaque, Department of Georgia

Certificates of Participation are awarded to Departments: Department of Colorado Department of Missouri Department of New Mexico

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Department of Tennessee Department of Vermont Department of Washington

The results of the One-Year Post Narrative History Contest are: First Award, Plaque, Sykesville Memorial Post 223, Sykesville, MD Second Award, Plaque, Marion Mays Post 455, Somerville, TX Third Award, Plaque, Landt-Thiel Post 470, Saukville, WI

Certificates of Participation are awarded to Posts: Bicentennial Post 1976, Annandale, VA Bothell Post 127, Bothell, WA Columbia County Post 192, Evans, GA Frank B. Bartlett Post 7, Buckhannon, WV George A. Whiteman Memorial Post 642, Sedalia, MO Ibell-Jacobson-Smith Post 61, Deep River, CT John T. Alexander Post 17, Gallatin, TN Magellan Post 604, Sacramento, CA No-Vel Post 159, Venice, FL Pickett Post 21, Jonesboro, AR Rosetown Memorial Post 542, Roseville, MN Stratford Post 207, Stratford, SD

The results of the One-Year Post Yearbook History Contest are: First Award, Plaque, Landt-Thiel Post 470, Saukville, WI Second Award, Plaque, Fort Bend County Post 271, Rosenberg, TX Third Award, Plaque, Ontario Post 67, Ontario, OR Honorable Mention: B. W. Howell Post 171, Birmingham, AL Paul Stewart Irwin Post 136, Mulvane, KS George F. Johnson Post 1700, Endicott, NY Lt. Julius L. Shryer Post 430, Durant, IA

Certificates of Participation are awarded to Posts: Augutus Ruser, Jr. Post 273, Madeira Beach, FL Bird-McGinnis Post 162, Marion, OH Ceredo-Kenova Post 93, Kenova, WV Charles A. Persip Post 68, Pittsfield, MA Colonial Heights Post 284, Colonial Heights, VA Columbia County Post 192, Evans, GA Duran y Gallegos Post 69, Albuquerque, NM Frank Roach Post 34, Rock Hill, SC Gensi-Viola Post 36, Windsor Locks, CT Hardin Post 113, Elizabethtown, KY Harold B. Jarrett Post 342, Salisbury, NC Ontario Post 112, Ontario, CA Rockaway Township Post 344, Rockaway Twp, NJ Rosetown Memorial Post 542, Roseville, MN William E. Blair Post 95, East Ridge, TN William H. Crippen Post 62, Humboldt, SD Zachariah (Zach) Davis Wheat Post 624, Sunrise Beach, MO

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There were 54 entries this Year.

The Department Historians and judges were: Roger Anderson (CT); Virgil Arling (OH); Delfo Barabani (MA); Raymond Baxter (CA); Jeffery Bevan (NJ); Raphael J. Blevins (NY); W. Frazier Brinley (CT); Fae Casper (GA); Thomas Conner (WA); Nellie De Baker (WI); Benjamin J. Droweinga Jr. (FL); Charemon Dunham (SD); James Fratolillo (MA); Robert Gilmore Jr. (AZ); Robert Henderson (IL); Helen Jacob (NY); Joseph Johnston (KS); Johnny Keel (LA); James A. Mariner (NM); William R. Moore (TX); Denise Rohan (WI); Lynne Rollins (GA); Larry Rozier (NC); David A. Scott (IL); Lyle Stevenson (WA); Edward R. Strain (AR); Raymond St. John (VT); Joseph A. Thompson (MA); Norma Walker (SC); Dan Watrous (OH); Carl Wipperman (WA); and William Yarnell (PA). RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN PROCTOR: I move the report to receive and file. …Seconded. NATIONAL COMMANDER CONATSER: A motion to receive and file. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed same sign. Carried. I call on the National Vice Commander, Peggy Dettori, from Alaska for her report.

Report: National Vice Commander Peggy G. Dettori, Alaska

Thanks to the intense training given by the national staff in Indianapolis and Washington, D.C., in September, we National Vice Commanders found ourselves well- armed to head out to our respective departments for our official and unofficial membership visits. I firmly believe the most important fact that we learned was who to call for help, if we need it. Being able to attend breakfast at the White House will provide memories to last a life time. Throughout our brainstorming sessions with the National Commander and his aide, Bill Flanagan, we formed a strong bond that we feel certain will only enhance our year as we continue to serve veterans through our commitment to this great organization. As we National Vice Commanders travel this year, we need to listen very carefully, build public awareness about the war on terrorism, educate others about the value of Legion membership and sincerely thank each Legion family member for their continuing efforts to provide care and rehabilitation for our veterans. We need to continue providing programs to enrich the lives of our children, grandchildren, and youth. We need to speak about our support for a strong national security and, finally, we need to continue promoting strong family values and patriotism. When I leave Indy this afternoon, I will be flying to the great state of Idaho for my first visitation. National Chaplain Elliott, please pray for us and continue to offer us words of encouragement as we travel for The American Legion this year. Thank you for this opportunity to still serve America.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN PROCTOR: I move the report to receive and file. …Second. NATIONAL COMMANDER CONATSER: I have a motion to receive and file. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed same sign. Carried.

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I now call on Thomas L. Burns, Delaware.

Report: National Vice Commander Thomas L. Burns, Delaware

Years ago, I had the pleasure to meet a grand lady of comedy. When she was introduced, she would greet everybody with a great big “Howdy,” and following that, she would say, “I’m so proud to be here.” I’m proud, too. Since being elected to this great office, I’ve been busy with my friends, the other National Commanders. I say my friends because we became a very close knit group. We helped each other in the brainstorming. I belong to several other organizations, but none has such a knowledgeable, dedicated and informative staff as The American Legion. They taught me many things I didn’t know about The American Legion. At the end of the brainstorming, we made calls to our respective areas. The calls went to department commanders, district commanders, and county commanders, to introduce ourselves and let them know we are ready to work with them, to promote membership, and whatever else they may need us to do. Leaving Indy, we flew to Washington, D.C. for more information from a knowledgeable staff and other people who work with the staff. While in Washington, we had breakfast on the White House lawn. There were a lot of other veterans there. There were Gold Star Mothers, young widows and their children. There was one group in particular I got to meet. They were the young ones coming back from Iraq and Afghanistan. I tried to shake hands with as many as I could and thank them for their service. Our National Commander Marty’s motto is, “the value of membership.” You’ll hear that from me whenever I call you people in the northeast region. Commander Marty, I’m here to work with you and for you. Due to the favorable junction of circumstances, I’m here with all of you for a fruitful and successful fulfillment of a stated agenda, the value of membership.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN PROCTOR: I move the report to receive and file. …Second. NATIONAL COMMANDER CONATSER: A motion to receive and file. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, same sign. Carried. I call on National Vice Commander Randall A. Fisher, from Kentucky.

Report: National Vice Commander Randall A. Fisher, Kentucky

It gives me great pleasure to stand before you this morning. I’m very thankful to server you as your National Vice Commander. I’ve already been warned by the NEC from Georgia not to stand up here and give a boring speech, but just speak straight from the heart. I’ll work extremely hard to fulfill all the duties of the office of National Vice Commander, to the best of my ability. I’ll promote membership first and all the programs of The American Legion. I would like to thank all the national staff for their support, leadership, and assistance they’ve given to me so far this year. I look forward to having you assist me more throughout the year. I have received invitations to visit several departments in my

Proceedings of Thursday, October 18, 2007 145 region. I look forward to visiting these departments and assisting membership drives or anything that you need me to do. We’re going to have a great year. I’m excited about The American Legion, our Commander Marty Conatser, and fulfilling to the best of my ability any job given to me this year. I want to thank you again for this opportunity to serve The American Legion.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN PROCTOR: I move the report to receive and file. …Second. NATIONAL COMMANDER CONATSER: I have a motion and second to receive and file. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed same sign. Carried. I will have National Vice Commander Donald J. Hayden from Minnesota.

Report: National Vice Commander Donald J. Hayden, Minnesota

Past National Commander Dan Ludwig, I want to thank you for being my mentor, my confident, and more than that, my good friend. It’s up to us to make a difference. That has been my motto over the years in this Legion family and hopefully I can make a difference and you can make a difference. If it isn’t me and it isn’t you, then who? So, it’s got to be us together. The value of membership, it will make the difference, Commander. From Reno to Indy to Washington, D.C., I’ve learned a lot about this great organization. I thought I knew a lot, but I really didn’t, but the able staff at both places have taught me a lot. They’re just wonderful people. It’s an honor to be a friend with the staff. A highlight for me was attending that breakfast with President and Mrs. Bush. And as Tom alluded to, we walked in there and they had all these soldiers from Iraq who just got back. We thanked them. I thanked one young guy, double amputee. And how proud he was to serve. I saluted and thanked him. He saluted me back and said, “No, thank you.” Now, I was taken aback on that. But here again, that’s about the value of membership because, “Heroes to Hometowns,” I could just think of that young fellow. That’s why I’m a member, to take care of those kind of people. I’ve made many phone calls. We had a great day last Saturday with all the department commanders. I want to thank you for that, National Commander. The value of membership. I think I do have a value of membership, knowing Dan Ludwig. I hope it’s not the cost of membership. Anyway, thanks again, I’m ready to get started and get in on the mission.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN PROCTOR: I move the report to receive and file. …Second. NATIONAL COMMANDER CONATSER: I got a motion and second to receive and file. Any discussion? No rebuttal, Dan [Ludwig]? Okay. [Laughter.] All those in favor by the normal sign of ‘Aye.’ Opposed same sign. Carried. I will have National Vice Commander David A. Korth from Wisconsin.

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Report: National Vice Commander David A. Korth, Wisconsin

Much of my report has already been given, so I’m just going to be very brief. Following the National Convention in Reno, my year got busy very quickly. Training sessions in Indianapolis and Washington, D.C. were interesting and provided valuable information. Evidence of the value of my membership was the trip to the South Lawn of the White House for breakfast. Joining us was the President and Mrs. Bush, Vice President Chaney, and Secretary of State, Condoleeza Rice. I’ve never had breakfast with so many guys with guns. [Laughter.] I have been in close touch with the department commanders in the Central Region. I wish to thank them for their efforts on membership. They all went over the 55% target date as October 11, and as of yesterday, they were all over 60%. Remember, it’s not the cost of our membership, but the value of our membership.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN PROCTOR: I move the report to receive and file. …Second. NATIONAL COMMANDER CONATSER: I have a motion to receive and file. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed same sign. Approved.

NATIONAL COMMANDER CONATSER: I call upon the National Adjutant.

Eligibility of National Officers Robert W. Spanogle, Michigan, National Adjutant

Thank you, Mr. Commander. Certification of Officers. 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: Martin F. Conatser, National Commander, Illinois. National Vice Commanders: Peggy G. Dettori; Thomas L. Burns, Jr.; Randall A. Fisher; Donald Jayden; David A. Korth. National Chaplain: Reverend Elliott L. Foss, Jr. National Historian: James M. Holmes. National Sergeant-at-Arms: Denver R. Phelps. 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. Signed, Robert W. Spanogle, National Adjutant, and approved by Philip B. Onderdonk, Jr., National Judge Advocate.

Interim Appointments

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HENDRICK: May I address the National Adjutant? NATIONAL COMMANDER CONATSER: You may.

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RESOLUTIONS SUBCOMMITTEE CHAIRMAN HENDRICK: Is this list a true and correct list of Interim Appointments? NATIONAL ADJUTANT SPANOGLE: I so certify. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HENDRICK: I move that the list be approved without being read. …Second. NATIONAL COMMANDER CONATSER: I have a motion and a second on the floor. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed same sign. Motion carried.

Confirmation of Interim Appointments National Executive Committee October 17-18, 2007

Michael J. Miskell (Pennsylvania), National & Homeland Security Council, 2007 Vice Chairman (for purpose of a call-in only)

Cancellations of Post Charters

NATIONAL ADJUTANT SPANOGLE: Post Charters of The American Legion, presented to the National Executive Committee for cancellation at this meeting, including Sons of The American Legion Charters. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HENDRICK: May I address the National Adjutant? NATIONAL COMMANDER CONATSER: You may. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HENDRICK: Mr. Adjutant, have you reviewed this list, and is this a true and correct list of the charters, and everything that’s been done in our power to see that these charters will not be revoked? NATIONAL ADJUTANT SPANOGLE: Yes, sir. And the Membership Post Activities Committee has reviewed the list. There are 41 posts that have been submitted for cancellation, 33 posts are recommended for cancellation. It’s recommended that the remaining 8 posts not be considered for cancellation, that work be done to revitalize these posts before the May 2008 meeting of this committee. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HENDRICK: I move that the 33 posts recommended for cancellation be accepted without being read. …Second. NATIONAL COMMANDER CONATSER: A motion is seconded on the floor. Any discussion? Hearing no discussion. All those in favor by the normal sign of ‘Aye.’ Opposed same sign. Adopted.

Confirmation of Cancellation of Post and/or Squadron Charters On August 27, 2007, at the National Convention in Reno, Nevada the National Executive Committee approved the cancellation of forty-four (44) 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

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Forty-one (41) Posts have been submitted for cancellation consideration during the Fall NEC Meeting in Indianapolis, IN. Thirty-three (33) Posts are recommended for cancellation. It is recommended the remaining eight (8) Posts not be considered for cancellation until work can be done to revitalize these Post before the May 2008 Spring Meeting.

It is recommended the thirty-three (33) Posts listed below be approved for cancellation:

Department Name Post # Location Alabama Perry County 16 Marion Warrior 97 Warrior Hartford 142 Hartford Eba Hanna 156 Choccolocco Felix N. Parrish, Jr. 159 Phil Campbell Bridgeport 161 Bridgeport Captain Fred Houston Jones 167 Flomaton Moundville 174 Moundville Geraldine 183 Geraldine Bowdoin-Campbell 194 Coffee Springs Thorsby 206 Thorsby Hayneville Memorial 219 Hayneville Eufaula 228 Eufaula Meger Evers 333 Pell City Abron El Mitchell 342 Alexander City Bessemer 344 Bessemer Robert Springfield 352 Birmingham George W. Carver 353 Goodwater Panola 355 Panola New Florence Memorial 356 Florence Georgia McDuffie (merge with Jack C. 68 Thomson Fortune Post 205) Robinson Brantley (merge with 522 Bremen Frank P. Dorris Post 145) Ketterer-Brookins (merge with 549 Baxley Altamaha Post 26) Illinois David Hart (merge with Elmer E. 115 Girard Vance Post 386) Michigan Raymond Rankins 308 Coppersville Missouri Hayes-Hickerson 116 Wellsville Frank Moellenberg 302 St. Louis New Jersey Pennsauken Township 125 Pennsauken Township North Arthur B. Marschke (merge with 219 Enderlin Dakota Percy G. Carter Post 221) Pennsylvania Oscar Schaefer (merge with Butler 560 Conyngham Township Post 795) Texas Bosque County 284 Walnut Springs Wyoming Henry Gilbert, Jr. 50 Frannie Billy Sheehan 59 Osage

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It is the recommendation of the Membership and Post Activities Committee the following eight (8) charter cancellations not be approved until additional research can be done:

Department Name Post # Location California Catalina Island (merge with 137 Avalon Wilmington Post 287) Del Norte (merge with Gasquet Post 175 Crescent City 548) Lester D. Grigsby (to merge with 764 Lucerne Tredway Post 194) Tri-City (merge with Antelope 771 Palmdale Valley Post 311) Texas Crawford 170 Crawford Stonewall Jackson 336 San Antonio Blackstone 482 Fort Worth Southwest Houston (merge with 492 Houston John R. Burkett-Beverly E. Miller Post 77)

Sons Of The American Legion Charters Presented To The National Executive Committee For Cancellation October 17-18, 2007

On August 27, 2007, at the National Convention in Reno, Nevada the National Executive Committee approved the cancellation of five (5) Squadrons.

Three (3) Squadrons have been submitted for cancellation consideration during the Fall NEC Meeting in Indianapolis, Indiana. It is recommended the all three (3) Squadrons not be considered for cancellation until work can be done to revitalize the Post before the May 2008 Spring Meeting.

Department Name Squadron # Location California Tri-City 771 Palmdale Lester D. Grigsby 764 Lucerne Texas Stonewall Jackson 336 San Antonio

Confirmation of Dates for Future Meetings

The dates of future meetings to The American Legion to the years 2008, 2009, 2010, 2011, 2012 have previously been confirmed by this Committee so there is no action that needs to be taken. And for the new NECs, those dates appear in the back of the Digest of all meetings of The American Legion. Following are dates for future meetings of The American Legion for the years 2008, 2009, 2010, 2011, and 2012, which have been previously confirmed by the National Executive Committee. They are as follows:

2008 Washington Conference March 30-April 2 2008 Spring Meetings Commissions and Committees May 5-6 National Executive Committee May 7-8

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2008 Fall Meetings Commissions and Committees October 13-14 Commanders and Adjutants Conference October 13-14 National Executive Committee October 15-16 2009 Washington Conference March 1-4 2009 Spring Meetings Commissions and Committees May 4-5 National Executive Committee May 6-7 2009 Fall Meetings Commissions and Committees October 12-13 Commanders and Adjutants Conference October 12-13 National Executive Committee October 14-15 2010 Washington Conference Feb 28-March 3 2010 Spring Meetings Commissions and Committees May 3-4 National Executive Committee May 5-6 2010 Fall Meetings Commissions and Committees October 11-12 Commanders and Adjutants Conference October 11-12 National Executive Committee October 13-14 2011 Washington Conference March 6-9 2011 Spring Meetings Commissions and Committees May 2-3 National Executive Committee May 4-5 2011 Fall Meetings Commission and Committees October 10-11 Commanders and Adjutants Conference October 10-11 National Executive Committee October 12-13 2012 Washington Conference To be determined 2012 Spring Meetings Commissions and Committees May 7-8 National Executive Committee May 9-10 2012 Fall Meetings Commissions and Committees October 15-16 Commanders and Adjutants Conference October 15-16 National Executive Committee October 17-18

NATIONAL ADJUTANT SPANOGLE: Significant gifts to the library. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HENDRICK: I move to the Significant Gifts to the Library and Museum be approved without being read. …Second. NATIONAL COMMANDER CONATSER: The motion is seconded on the floor. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed by the same sign. The list is adopted.

Significant Gifts to the National Headquarters Library

1927 Commander’s Tour book and two copies of the 1919 The American Legion Magazine, donated by James S. Whitfield.

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Volume 1, Number 1 issue of The American Legion Weekly dated July 4, 1919, donated by Fred W. Anderson, Jr. A Journey of a Post Historian, the pictorial history of the Frank C. Parker, Jr. & Son, American Legion Post 901, donated by Albert E. Momme. The American Legion Weekly January 20, 1922 issue, donated by Terry Watkins. The American Legion S.C. Post 59 Revival, donated by Adjutant Reinier Kemeling. History of Merle Reed Post 124, donated by Lon Chaney. 1939 Emblem catalog, donated by Robert S. Fagner. From Artillery to Air Corps, donated by Eileen Van Kavelaar. Gone Forever But Not Forgotten, donated by Rodger M. Zimmerman. Boys State Panama Canal Zone 1957 Yearbook, donated by Eddy P. Hale. Hell In the Holy Land and In Uncle Sam’s Service, donated by Major General Thomas P. Jones (AUS-Ret.). Memories of Yesteryear: Kingston Post 150, donated by Joseph E. Sills, Jr. The American Legion Weekly October 14, 1921 issue, donated by Past National Commander Bruce Thiesen. Pamphlet entitled Facts About The American Legion for Veterans of the Army, Navy and Marine Corps, donated by Steve Leader.

Significant Gifts to the National Headquarters Museum

An American Legion uniform worn by Paul John Barrett, donated by Jean Barrett. An American Legion cap, donated by Virginia L. Wielgot. Lapel button for the Ye Steivos’s “Soviet Dinner” of November 17, 1932, donated by Ernest C. Leal. A World War II wool dress overcoat worn by Richard W. Leach, donated by Venden Leach. American Legion uniform worn by Andrew W. Gulya, donated by Dorothea A. Gulya-Stasny. 1937 National Convention medals, donated by Richard Haas. MIA/OON flag (Missing In Attack On Our Nation) banner, donated by Ronald James Sorenson. Passport and Certificate of Identification of Mrs. Harry F. Parker who attended the 1927 National Convention, donated by James S. Whitfield. Photograph of George J. Miller and correspondence written by George J. Miller, donated by Bruce J. Miller. American Legion pins, badges and memorabilia of John and Edit Briel, donated by Trudie Seuss Stapleton.

NATIONAL COMMANDER CONATSER: I now call on Richard W. Anderson, Chairman of the Report of the Subcommittee on Committees, for his report.

Oral Report: Subcommittee on Committees Robert W. Anderson, Connecticut, Chairman

Good morning. Chaplain Foss, first before I give this report, I want to thank you for praying for those of us who may be on the firing line. [Laughter.] I would like to address the importance, first of all, about filling out your appointments forms in their entirety. Once again this year, we have had numerous forms on new appointments from departments that have not filled out the summarization that

152 Proceedings of Thursday, October 18, 2007 the chairman of these respective commissions look forward to reading in order to familiarize themselves with the people that they’re going to be serving with. So, in the future, I would ask that you give a little more attention to that. The value of The American Legion lies in your hands, for you have the responsibility of recommending the most qualified members of your departments to serve on the commissions, committees and councils. We stress this, especially on the qualifications as I mentioned of a particular member to serve in the capacity that you recommend. It is also imperative that those individuals that you appoint understand and are committed to the aims and principles of The American Legion. Also, it’s important that when a member from your respective departments is listed in the book, become diseased or resign or for some other matter can not serve in that capacity that you notify the National Adjutant’s office, so the 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 to the National Commanders office on the deadline issued to you. The National Commander’s staff requires that time for the preparation of your folder for our committee’s review. I thank you for your support in this matter. Mr. Commander, first I would like to thank you for the privilege serving as your Chairman of this Subcommittee and for the qualified people you have appointed to serve with me. I am pleased to present the following report of the Subcommittee and with the assistance of, and would they please stand and be recognized as I introduce them. Our Vice Chairman, Paul A. Evenson (SD); Ray Hendrix (GA); Mike Landkamer (NE); Ron Cherry (TX) and Bill Schrier (WA). 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 this Subcommittee, I want to commend the National Executive Committeemen, the department commanders, and department adjutants for the courteous presentation of your recommendations. Upon completion of the interviews, the report was prepared in rough draft and submitted to the National Commander’s office for his final approval. This report 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 secretary Nancy Vaughn, for her patience and dedication throughout our session. I also commend the members of my Subcommittee for their hard work and thank you, once again, Mr. Commander, and all those who helped in the selection of these appointments. With the list on your desk and given the opportunity to look it over, I recommend that we do not take the time to read 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. …Second. NATIONAL COMMANDER CONATSER: A motion and a second on the floor. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed same sign. Approved. Thank you for all your Committee’s hard work. I now call for the final report on the Subcommittee on Resolutions, Jerry L. Hedrick, Chairman, from North Carolina.

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

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: We have one item of business before I give my final report. It is Resolution No. 34: It was read under Rule 8A yesterday at 10:54 a.m. Let the record state that it was read the second time on October 18, 2007 at 9:20 a.m.

Resolution No. 34: 2010 National Convention Contract Origin: National Convention Commission Submitted by: National Convention Commission WHEREAS, The National Convention Commission has reviewed the status of the proposed National American Legion Convention in Milwaukee, Wisconsin on August 27-September 2, 2010; and WHEREAS, Subject to receiving a properly executed contract from the 2010 National American Legion Convention Committee, Incorporated the National Convention Commission believes that all conditions for a contract covering The American Legion National Convention in Milwaukee, Wisconsin August 27-September 2, 2010, have been satisfied; and WHEREAS, The National Convention Commission hereby recommends to the National Executive Committee that it enter into the appropriate contract with the 2010 National American Legion Convention Committee, Incorporated to cover the 2010 American Legion National Convention; 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, 2007, That the National Commander, after receipt of an executed contract from the 2010 National American Legion Convention Committee, Incorporated of Wisconsin and the review and approval of same by the National Judge Advocate, be and is hereby authorized and directed to execute said contract and the National Adjutant, be and hereby is authorized and directed to attest to same.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This has the approval of your National Convention Commission, your Subcommittee on Resolutions, and I so move for its approval. …Second. NATIONAL COMMANDER CONATSER: I have a motion and second on the floor. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, by the same sign. Adopted. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Your Subcommittee on Resolutions has been in session since October 14th. We’ve considered all resolutions that have come before the committee and have considered and acted upon 35 resolutions. Three resolutions were read twice under Rule 8A. I would like to take this time to thank the members of the committee who have done an outstanding job and who have attended every session and participated in the discussion of these resolutions. My special thanks go to my Vice Chairman, Robert Proctor from Florida; Dave Warnken from Kansas; Carl Swisher from Ohio; Robert Owen of Maine; Bill Kile of West Virginia and our newest member Bill Rakestraw from New Jersey. I thank you very much for your dedicated services this week. Appreciation also extended to Joe Hovish and his staff who served our committee. I also want to thank the Document Center, directors and chairmen of the commissions and

154 Proceedings of Thursday, October 18, 2007 committees who have been most cooperative and helpful to the Subcommittee in this week’s work in order to bring the reports to you. During our deliberations, we have met with a number of chairman and staff who have been very helpful to us in explaining questions we had about resolutions. Mr. Commander, it is a pleasure to serve as your Chairman of your 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 that this report be received and filed. …Second. NATIONAL COMMANDER CONATSER: A motion is on the floor to receive and file. Any discussion? Hearing none. All those in favor by the normal sign of ‘Aye.’ Opposed, by the same sign. Carried.

Technical Motion

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, I’d like to make one more report. I would like to make a technical motion and move 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 to proceed to edit and distribute these minutes. …Second. NATIONAL COMMANDER CONATSER: I have a motion and second on the floor. Any discussion? Hearing none. All those in favor by the normal of ‘Aye.’ Opposed, by the same sign. Approved. Thank you and your committee for their hard work. …At this time National Vice Commander Hayden assumed the Chair.

Closing Remarks Martin F. Conatser, Illinois, National Commander

There are some issues I wanted to bring to your attention. Those folks from Minnesota and Iowa who have activated Guard soldiers come back and find out that they were a few days short of the 730 day requirement for GI Bill benefits. That issue is of great concern. We’re going to go on record with a letter to the Army Secretary asking for his cooperation and help in solving that problem. On behalf of The American Legion, that letter will go out from your commander to them. There’s a big flap on this SAL/IRS problem. I’m here to tell you that your national organization is going to step up to the plate. We’re going directly to the IRS and see what we can do. I don’t think there is anybody in this room who doesn’t understand the value of the Sons of The American Legion and the value of what they do for us. They’ve grown and earned great credibility in the last 10 years. They’re a lot to be proud of and the national organization needs to step up to the plate and address this IRS issue. We intend to do that in the very near future. I was listening to the Americanism report. They were talking about the lack of participation in Boys State’s program. Well, that shouldn’t be to damn hard to figure out. We’ve got fewer posts now than we use to have. So, that means that we’ve got to encourage our posts to step up and do more. We’ve got to work harder at new posts creation. But we also have to step up to the plate and try to get those consolidated schools. I come from a very rural area and it seems like we’ve consolidated many of our schools, where multiple Legion posts support the same schools. We need to step up to the

Proceedings of Thursday, October 18, 2007 155 plate there. Those are some pretty basic things that as an organization we need to think about. And how do you get people to think about anything in our organization? You start talking about it. You as NEC, I hope when you go back to your states, start thinking about the influence you have. I still am a great believer if we do what the leader or the commander or the boss is important to them, it gets important to other people. I need your help. Start talking about these things. One of the premiere programs in The American Legion is Boys State. I can very seldom ever travel that I don’t run into someone who’s been impacted by Boys State or Girls State. That’s a major program. We need you to start talking about it, and it is a value of membership. Have no doubt in your mind that as we touch the young people of America, it is a value of membership. I’ve given you a challenge, a challenge to come on and be part of the most positive organization in the world, The American Legion. It is time we decided we’re the most positive. It is time we decide we talk about ourselves. It’s time we’re going to tell our neighbors what we are about. It is time we’re going to tell other veterans what we’re about, instead of stepping back and thinking they know what we’re about. And this leadership group right here has got to help do that. When you hear of your department commanders out there, make sure you remind them about the value of membership. Make sure that when you’re the senior person at a meeting and you’re asked to talk, that you talk about the value of membership, that you talk about the good things that you’re doing, that you talk about the positives of this organization. That’s what we’re about. We’ll have our problems and we’ll have our squabbles, but we’ll solve those through the right process within the organization. We won’t take those outside the organization, to a post level, to a district level, to a division level, to a state level or to the national level. We’ll let the system work through that. And do we know personalities can get in the way. Sure we do. We’re not silly. But we’ve got to be positive and it’s up to the leadership, and the leaderships in this room. It’s time the leadership stepped up and started leading this organization about the good things we do, and that’s the challenge I give everyone of you, in this year and into the future. Be positive about our own organization. Say good things and get excited. I certainly appreciate the opportunity to server as your Commander. It has been a great ride that is just getting started. We’re going to go out and do the right things for America, because that’s what The American Legion does. Is there any unfinished business to come before the National Executive Committee? NATIONAL EXECUTIVE COMMITTEEMAN TURNER: Mr. Commander, may I approach? NATIONAL COMMANDER CONATSER: You may. NATIONAL EXECUTIVE COMMITTEEMAN TURNER, Alabama: I’ve been coming here for the last two years. I’ve always enjoyed coming here with the camaraderie and friendship with all the people I’ve met here before. I’ve always been greeted at the door with a smile or a handshake and a lot of times a hug. I’d like to make everybody know how much I, and I’m sure we all appreciate John Martin and Mary Metke at the door. They are always there and always helping us with our programs. I personally thank them and I think they deserve a hand. NATIONAL COMMANDER CONATSER: That is one more excellent example of the professional staff we have, and we thank them and all the staff for that. Any other unfinished business?

156 Proceedings of Thursday, October 18, 2007

NATIONAL EXECUTIVE COMMITTEEMAN WANSER, Iowa: The vans for transporting people back over to the hotel will run for an hour after the dismissal of this meeting. NATIONAL COMMANDER CONATSER: Thank you and thank Iowa for that courtesy. Any other announcements, or unfinished business? At this time I will call on the Reverend Elliot Foss, for benediction.

Benediction Rev. Elliott L. Foss, Georgia National Chaplain

One of my favorite hymns is I Love To Tell The Story and I think you can take that to heart, because we have a story to tell. I’m here to tell you, if we don’t tell it, nobody will tell it, the benefits and the value of membership. Let’s pray. Heavenly Father, it has been a great conference. It has been a time of coming to meet new people, to be able to share responsibilities and be able to encourage each other. You’ve given us a wonderful leadership in this American Legion and I pray with all my heart that we’ll be doing the right thing every time. As we go from this place today, I pray that we go challenged and excited about The American Legion and the value of membership. I pray, Father, that we will just be reaching out in our communities and bringing people in, and showing them what a great organization this is, and how we can help each other. Father, as we go forth, we do things, not just for ourselves, but for those in need. May You always be with our servicemen serving throughout the world, with their families. Father, may we always be found, standing in the gap for them. We pray this for God and for Country. Amen

NATIONAL COMMANDER CONATSER: Will you now join me in the salute to our national Colors. One. Two! …The members of the National Executive Committee rendered a right-hand salute to the Colors. NATIONAL COMMANDER CONATSER: I now declare the National Executive Committee adjourned.

…At 9:35 a.m., the Fall Meeting of the National Executive Committee adjourned. Sine die.

Abbreviations

AAFES Army Air Forces Exchange Service ACLU American Civil Liberties Union ADF Alliance Defense Fund ALPOP American Legion Post Officer Portal ALR American Legion Riders ASD Autism Spectrum Disorders ASVET Assistant Secretary for Veterans Employment and Training

BATF Bureau of Alcohol, Tobacco, Firearms and Explosives BRAC Base Realignment and Closure

CARES Capital Asset Realignment for Enhanced Services CDC Centers for Disease Control and Prevention CFA Citizen’s Flag Alliance CIA Central Intelligence Agency CNN Cable Network News CR Continuing Resolution CRDP Concurrent Retirement and Disability Pay CRSC Combat Related Special Compensation

DEA Drug Enforcement Administration DIC Dependency and Indemnity Compensation DMS Direct Membership Solicitation DoD Department of Defense DoJ Department of Justice

EBRI Employee Benefit Research Institute ERISA Employee Retirement Income Security Act of 1974

FASB Financial Accounting Standards Board FEMA Federal Emergency Management Agency FY Fiscal Year

GOTV Get Out the Vote GWOT Global War on Terror

HJ Res House Joint Resolution HQ Headquarters HVRP Homeless Veterans Reintegration Program HVTF Homeless Veterans Task Force

IRS Internal Revenue Service

LI Legislative Initiative LLC Limited Liability Company LP Legislative Policy LRMC Landstuhl Regional Medical Center

MCCF Medical Care Collection Fund

160 MGIB Montgomery GI Bill MGIB-SR Montgomery GI Bill - Selected Reserve MMA Mercy Medical Airlift MMIS Membership Management Information System MOU Memorandum of Understanding

NCHV National Coalition for Homeless Veterans NEC National Executive Committee(man) NHQ National Headquarters NVLSP National Veterans Legal Services Program

OASD Office of Assistant Secretary of Defense OEF Operation Enduring Freedom OIF Operation Iraqi Freedom OJJDP Office of Juvenile Justice and Delinquency Prevention

PBGC Pension Benefit Guaranty Corporation PBS Public Broadcasting System PEB Physical Evaluation Board PERA Public Expressions of Religion Act PPA Pension Protection Act PSA Public Service Announcement PTSD Post Traumatic Stress Disorder PUFL Paid-Up-For-Life

REAP Reserve Educational Assistance Program RFP Request for Proposal

SAL Sons of The American Legion SBA Small Business Administration SBP Survivor Benefit Plan SDVOB Service-Disabled Veteran-Owned Businesses STR Short Term Recovery

TAC Trophies and Awards Committee TBI Traumatic Brain Injury TERA temporary early retirement authority TFA Temporary Financial Assistance

USC United States Code USO United Services Organization

VA Veterans Affairs or Veterans Administration VAVS VA Voluntary Service VBA Veterans Benefits Administration VWIP Veterans Workforce Investment Program

WRAMC Walter Reed Army Medical Center

YMCA Young Men’s Christian Association

Index

2008 Conversion of Emblem Sales Computer Systems ...... 48 2008 Enhancements to NHQ Computer Environment ...... 49 2008 Upgrade of Computer Systems ...... 47 2010 National Convention Contract ...... 64, 153

A

Abu Ghraib Prison ...... 11 Accept Bids For 2010 American Legion Baseball World Series ...... 51 Ad Hoc Committee on Conventions ...... 62 Agent Orange products liability litigation case ...... 12 Agreement With The National Veterans Legal Services Program (NVLSP)—2007 ...... 54 Alliance Defense Fund ...... 12, 104 All-Volunteer Force Education Assistance Program ...... 66, 68 American Legion Baseball ...... 47, 50, 117 American Legion Baseball Scholarship Fund, The ...... 52 American Legion Baseball World Series ...... 51, 116 American Legion Boys State Program ...... 116 American Legion Defined Benefit Pension Plan ...... 57 American Legion Endowment Fund Corporation, The...... 31, 53 American Legion Gift Annuity Program ...... 31 American Legion High School Oratorical Contest, The ...... 44 American Legion Insurance Program, The ...... 45 American Legion Legacy Scholarship Fund...... 5-6, 55-56, 98, 103, 105-108, 118 American Legion Policy on Traumatic Blast Injuries, The ...... 93 American Legion Post Officer Portal, The ...... 48 American Legion Retirement Plan for Employees of the National Headquarters and Subordinate Groups Thereof—Freeze, Split, or Amend ...... 58 American Legion Riders ...... 32 American Legion Riders as a National Program ...... 55 American Legion vs. American Legion Baseball, Department of Missouri, Inc. case .... 12 American United Life Insurance Company ...... 31 Americanism Commission report ...... 116 Army/Air Force Exchange System ...... 5 AS/400...... 47 Authorizing Withdrawal from Paid-Up-For Life Membership Trust for Administrative Expenses ...... 40

B

Barnes case ...... 10 baseball ...... 47, 119 Benediction...... 156 Boy Scouts ...... 119

Bold typeface without a number indicates the title of a resolution 162 Boy Scouts of America ...... 10 Boys Nation ...... 46 Boys State ...... 118, 120 Burns, Thomas L...... 144

C call-in per diem ...... 32 certification...... 70 Charitable Gift Annuity ...... 53 Chief Judge of Contests ...... 64 Child Welfare Foundation grants...... 84 Children’s Miracle Network ...... 81, 83 Churchill, Winston ...... 87 CIA ...... 11 Closing Remarks ...... 154 college benefits ...... 68 College Board License Agreement, The ...... 124 Commission on Children & Youth report ...... 81 computer room environmental cooling system ...... 39 computer upgrade ...... 48 concurrent receipt ...... 133 Confirmation of Cancellation of Post and/or Squadron Charters ...... 147 Confirmation of Dates for Future Meetings...... 149 Confirmation of Interim Appointments ...... 147 Contract for Printing of The American Legion Magazine ...... 38 Contribution From Major League Baseball ...... 50 Controller+ ...... 48 Convention contests ...... 42 Convention contract ...... 153

D

Darby photographs case ...... 11 Department Service Officers ...... 32 Department Service Officers, training ...... 54 Dettori, Peggy G...... 143 Disaster Preparedness and Response for American Legion Posts ...... 105 Dobbs, Lou ...... 105 DOD family support programs ...... 91 Dole/Shalala Commission ...... 79, 88 Donation To American Legion Baseball ...... 52 dram-shop case ...... 10 Duckworth, Lee ...... 82 Duncan case vs The American Legion ...... 13

Bold typeface without a number indicates the title of a resolution 163 E

Eagle Scout of the Year ...... 42 Economic Commission report ...... 66 Education Committee report ...... 118 Educating the Children of Warriors ...... 78 educational assistance ...... 68 Eligibility of National Officers ...... 146 Elimination of The Department of Veterans Affairs Home Loan Funding Fee ...... 74 Emblem Sales computer systems ...... 48 employment ...... 70 environmental system ...... 39 Eulogy ...... 9 exchange of medical records, DOD and VA ...... 91 Expression Of Concern In The Decline Of Boys State Participation ...... 120

F

FASB 158 ...... 32 Filipino veterans benefits ...... 137 Finance Commission report ...... 31 Financial Accounting Standards Board Standard No.158 ...... 32 First and Second Rescission Acts of 1946 ...... 137 Fisher, Randall A...... 144 flag case, California ...... 11 Flag Code ...... 121 Foreign Relations Commission report ...... 108 Four Pillars ...... 5, 82, 87, 104, 105

G

Get Out the Vote...... 105, 123 Gift Annuity Program ...... 53 Grant Per Diem Program ...... 67 Green and The American Civil Liberties Union in Oklahoma case ...... 12 Grim, Alex ...... 52 Group1 postal software...... 48

H

Harrington, Herman ...... 99 Harrington, Herman G., Room ...... 31 Hayden, Donald J...... 145 Herman G. Harrington Memorial Room ...... 41 Heroes to Hometowns ...... 105, 108, 145

Bold typeface without a number indicates the title of a resolution 164 High School Oratorical Contest ...... 44 home loan funding fee ...... 75 Home Loan Guaranty ...... 74 homeless veterans ...... 67, 68 Homeless Veterans Reintegration Program ...... 67 Homeless Veterans Task Force ...... 67, 71

I

IBM “Series i” ...... 47 Improvements to Implement a Seamless Transition ...... 91 In the Footsteps of the Founders ...... 104, 106 insurance brokers ...... 45 Insurance Committee report ...... 36 Insurance Program ...... 45 Intellectual disabilities ...... 86 Internal Affairs Commission report ...... 94 Internal Revenue Service ...... 13, 14, 112, 154 Introduction of National Officers ...... 7 invitational bidding process, National Convention ...... 64 Invocation ...... 1, 113 Iraq ...... 68-69, 78, 91, 107-108, 132-133

J job fairs...... 72 Junior Shooting Sports ...... 118 Junior Shooting Sports champions ...... 100 Justice Department, U.S...... 11

K

Korth, David A...... 146

L

Landstuhl Regional Medical Center, Germany ...... 5, 98, 105-106 Law Internship Program ...... 54 Legacy Scholarship Fund ...... 5-6, 55-56, 98, 103, 105-108, 118 legal representation ...... 54 Legion baseball ...... 119 Legion Riders national guidelines ...... 55 Legislative Commission report ...... 125 Liberty Legal ...... 12 licensing ...... 70

Bold typeface without a number indicates the title of a resolution 165 Liebert Environmental System ...... 39 Life Insurance Program ...... 45 list management software ...... 48 Local Veterans Employment Representatives ...... 67

M

Magazine printing contract ...... 38 Major League Baseball ...... 50, 51 Marsh Affinity Group Services ...... 45 Membership and Post Activities Committee report ...... 109 membership system ...... 48 Memorial Resolutions ...... 8 Mercy Medical Airlift...... 81, 82 MilCon-VA Bill ...... 125 military salute to flag ...... 121 MMIS ...... 48 Montgomery GI Bill ...... 66, 68 motorcycle safety ...... 55 Mount Soledad Cross case ...... 11

N

National Assist-A-Veterans Day ...... 94 National Coalition of Homeless Veterans ...... 67 National Commander’s Public Relations Award ...... 105 National Committee on Education report ...... 118 National Convention Commission report ...... 61 National Convention Contests ...... 42 National Convention contract ...... 153 National Convention Corporation of Nevada report ...... 61 National Defense Appropriations ...... 79 National Emergency Fund ...... 96 National Historian report ...... 141 National HQ computers ...... 49 National Judge Advocate report ...... 10 National Security Commission report ...... 78 National Veterans Legal Services Program ...... 32, 54 National Veterans Memorial Registration Program...... 104 Need A Lift? Agreement ...... 60, 123

O

Office of Veterans' Business Development ...... 71 Opening Remarks ...... 4 Operation Landstuhl ...... 5, 98, 105-106

Bold typeface without a number indicates the title of a resolution 166 Oppose Proposed Flag Code Change—Conduct During Hoisting, Lowering Or Passing Of The Flag ...... 121 Oratorical Contest...... 44

P

Paid-Up-For-Life Membership ...... 40 Paid-Up-For-Life Membership Trust ...... 31 Paygo Rules ...... 67 Pearl Harbor Memorial ...... 103 Pelosi, Nancy ...... 4 pension plan...... 38, 58 Pension Protection Act of 2006 ...... 13, 58 Peterson, Michael ...... 105, 106 Physical Evaluation Board Process ...... 79 Pledge of Allegiance ...... 11 President’s Commission on Care for America’s Returning Wounded Warriors ...... 88, 91 printing contract ...... 38 Project Homeless Connect ...... 67 Public Relations Commission report ...... 104 Pulvermacher-Ryan, Jan ...... 77

R

R.R. Donnelley & Sons ...... 31, 38 Ragsdale, Robert ...... 98 Recovery Coordinator ...... 91 Reid, Harry ...... 4 Renaissance Administration, LLC ...... 31, 53 Reports: Americanism Commission ...... 116 Commission on Children & Youth ...... 81 Economic Commission ...... 66 Education Committee ...... 118 Finance Commission ...... 31 Foreign Relations Commission ...... 108 Insurance Committee ...... 36 Internal Affairs Commission ...... 94 Legislative Commission ...... 125 Membership and Post Activities Committee ...... 109 National Convention Commission ...... 61 National Convention Corporation of Nevada ...... 61 National Historian ...... 141 National Judge Advocate ...... 10 National Security Commission ...... 78 National Vice Commanders ...... 143 Public Relations Commission ...... 104 Resolutions Subcommittee ...... 7, 153

Bold typeface without a number indicates the title of a resolution 167 Subcommittee on Committees ...... 151 The American Legion Magazine Commission ...... 65 Veterans Affairs & Rehabilitation Commission ...... 87 Reserve Educational Assistance Program...... 66, 68 Resolutions Subcommittee report ...... 153 Resolutions: No. 1: Expression Of Concern In The Decline Of Boys State Participation ...... 120 No. 2: Oppose Proposed Flag Code Change—Conduct During Hoisting, Lowering Or Passing Of The Flag ...... 121 No. 3: Need A Lift? Agreement ...... 60, 123 No. 4: Support For Voter Registration and Voting Program ...... 123 No. 5: The College Board License Agreement ...... 60, 124 No. 6: Support For Renovating USS Arizona Memorial Museum and Center, Honolulu, Hawaii...... 103 No. 7: Restatement of American Legion Retirement Plan for Employees of the National Headquarters and Subordinate Groups Thereof ...... 37 No. 8: Contract for Printing of The American Legion Magazine ...... 38 No. 9: Liebert Environmental System ...... 39 No. 10: Authorizing Withdrawal from Paid-Up-For Life Membership Trust for Administrative Expenses ...... 40 No. 11: Herman G. Harrington Memorial Room ...... 41 No. 12: Uniformed Groups Participation At The National Convention of The American Legion ...... 42 No. 13: Use Of The American Legion Life Insurance Fund Account For Scholarship Awards To The American Legion Eagle Scout Of The Year Program In 2008 ...... 42 No. 14: Use Of The American Legion Life Insurance Fund Account In The American Legion High School Oratorical Scholarship Program—“A Constitutional Speech Contest” In 2008 ...... 44 No. 15: Review of Administration and Promotion of The American Legion Insurance Program ...... 45 No. 16: Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion Boys Nation Program—2008 ...... 46 No. 17: Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion Baseball Program—2008 ...... 47 No. 18: 2008 Upgrade of Computer Systems ...... 47 No. 19: 2008 Conversion of Emblem Sales Computer Systems ...... 48 No. 20: 2008 Enhancements to NHQ Computer Environment ...... 49 No. 21: Contribution From Major League Baseball ...... 50 No. 22: Tournament Of Stars Expenses ...... 51 No. 23: Accept Bids For 2010 American Legion Baseball World Series ...... 51 No. 24: Donation To American Legion Baseball ...... 52 No. 25: Charitable Gift Annuity ...... 53 No. 26: Agreement With The National Veterans Legal Services Program (NVLSP)—2007 ...... 54 No. 27: American Legion Retirement Plan for Employees of the National Headquarters and Subordinate Groups Thereof—Freeze, Split, or Amend ..... 58 No. 28: Rounding Up Department of Veterans Affairs Benefits for 50 Cents or Higher...... 91

Bold typeface without a number indicates the title of a resolution 168 No. 29: Improvements to Implement a Seamless Transition ...... 91 No. 30: The American Legion Policy on Traumatic Blast Injuries ...... 93 No. 31: Service-Disabled Veteran-Owned Business Status ...... 73 No. 32: Elimination of The Department of Veterans Affairs Home Loan Funding Fee ...... 74 No. 33: Support For Special Olympics ...... 86 No. 34: 2010 National Convention Contract ...... 64, 153 No. 35: American Legion Riders as a National Program ...... 55 Restatement of American Legion Retirement Plan for Employees of the National Headquarters and Subordinate Groups Thereof ...... 37 retirement plan ...... 38, 58 Revenue Proclamation 2007-44 ...... 38 Review of Administration and Promotion of The American Legion Insurance Program ...... 45 Riley, Phil ...... 108 Roll Call ...... 2, 114 Rounding Up Department of Veterans Affairs Benefits for 50 Cents or Higher...... 91

S

SAL Resolutions ...... 99 Samsung Scholarship ...... 118 scholarships ...... 118 Scout of the Year ...... 42 self-employed veterans ...... 70 Service-Disabled Veteran-Owned Business Status ...... 73 Sigma-Micro LLC ...... 48 Significant Gifts to the National Headquarters Library and Museum ...... 150-151 Smith, Donald J...... 9 Soldiers and Sailors Home ...... 7 Sons of The American Legion ...... 5, 14, 94, 95, 97, 98, 111, 154 Special Olympics ...... 86 Stand Down Program ...... 67 Subcommittee on Committees report ...... 151 Subcommittee on Resolutions report ...... 7, 153 Support For Renovating USS Arizona Memorial Museum and Center, Honolulu, Hawaii ...... 103 Support For Special Olympics ...... 86 Support For Voter Registration and Voting Program ...... 123 Supreme Court, U.S...... 10, 11 System Worth Saving Task Force ...... 94

T

Temporary Financial Assistance ...... 6, 82 Ten Commandments monument ...... 12 The American Legion Magazine Commission report ...... 65 Total Force GI Bill ...... 68

Bold typeface without a number indicates the title of a resolution 169 Tournament of Stars ...... 51 Tournament Of Stars Expenses ...... 51 trademark law ...... 12 transition to civilian life...... 91 traumatic blast injury ...... 93 traumatic brain injury ...... 91, 93 Treatment of Businesses After Death of Veteran-Owner ...... 74

U

U.S. Court of Appeals for Veterans Claims ...... 54 Uniformed Groups Participation At The National Convention of The American Legion ...... 42 United States Flag Code ...... 121 Urban case ...... 10 USA Baseball ...... 51 Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion Baseball Program—2008 ...... 47 Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion Boys Nation Program—2008 ...... 46 Use Of The American Legion Life Insurance Fund Account For Scholarship Awards To The American Legion Eagle Scout Of The Year Program In 2008 ...... 42 Use Of The American Legion Life Insurance Fund Account In The American Legion High School Oratorical Scholarship Program—“A Constitutional Speech Contest” In 2008 ...... 44 USS Arizona Memorial Museum and Visitor Center ...... 103

V

VA MILCOM budget ...... 4 VA Voluntary Service ...... 89 veteran-owned small business ...... 70, 73 Veterans Affairs & Rehabilitation Commission report ...... 87 Veterans Disability Benefits Commission ...... 79 Veterans Employment and Training Service ...... 67 Veterans Workforce Investment Program ...... 67 Vorland case ...... 12 Voter registration ...... 123 voting ...... 116

W

Walter Reed Army Medical Center ...... 79, 87, 91 war on terror ...... 4, 87 Washington, D.C., differential ...... 32 Wounded Warrior Assistance Act ...... 79-80, 134

Bold typeface without a number indicates the title of a resolution