PROCEEDINGS of the National Executive Committee of THE

PROCEEDINGS

of the

National Executive Committee

THE AMERICAN LEGION

National Headquarters Indianapolis, Indiana October 13-14, 2010

Table of Contents

Wednesday, October 13, 2010

Invocation ...... 1 Roll Call ...... 2 Opening Remarks: National Commander Jimmie L. Foster, Alaska ...... 5 Introduction of National Officers ...... 8 Report: Subcommittee on Resolutions...... 9 Memorial Resolutions ...... 9 Report: National Judge Advocate ...... 11 Report: Finance Commission ...... 32 Insurance Committee ...... 35 Resolutions: No. 1: Travel Policy For Call-Ins ...... 36 No. 2: Enhancements to NHQ Computing Environment ...... 37 No. 3: Need A Lift? Agreement ...... 38 No. 4: The College Board License Agreement ...... 38 No. 5: National Forensic League Sponsorship ...... 39 No. 6: The American Legion Conducts A Needs And Issues Survey of Women Veterans ...... 40 No. 7: Agreement With The National Veterans Legal Services Program (NVLSP) - 2010-2011 ...... 41 No. 8: Bequest (Estate of William E. Smith) to The American Legion ...... 42 No. 9: Authorizing Withdrawal From Paid-Up-For-Life Membership Trust For Administrative Expenses ...... 42 Reports: National Convention Corporation of Wisconsin ...... 43 National Convention Commission ...... 45 The American Legion Magazine Commission ...... 47 Economic Commission ...... 49 Resolutions: No. 17: Support Funding for Additional Housing for Homeless Veterans with Families ...... 58 No. 18: Reauthorize and Fund Veterans Affairs Small Business Loan Program ..... 59 No. 20: Support a Veteran-Centric Website for Employment ...... 60 No. 21: Support and Strengthen the Service members Civil Relief Act (SCRA) .... 61 No. 22: Support Veterans Hiring Initiative in the Department Of Veterans Affairs ...... 62 Announcements ...... 63

Wednesday Afternoon Session

Greetings: Mrs. Carlene Ashworth, National President, American Legion Auxiliary ..... 65 Report: National Security Commission ...... 67 Resolutions: No. 23: Immigration Reform To Enhance National Security ...... 71 No. 24: Establish Cold War Victory Medal [Rejected]...... 73 No. 25: Extend Selective Service Program to Women Ages 18-25 ...... 74 No. 26: National Security Principles...... 75

iii

No. 27: Establish A Strategic Plan For Internal Security Within The United States ...... 76 Report: Commission on Children and Youth ...... 77 Resolution No. 10: Rescind Resolution No. 10 SPINOZA's "Buddy Bear Project" ...... 82 Report: Veterans Affairs and Rehabilitation Commission ...... 83 Resolutions: No. 11: Rescind Resolution 26, NEC October 2009 - Service On Veterans of Valor's Board of Directors ...... 86 No. 12: Support Legislation to Increase the Income Threshold of a Veteran Married to Another Veteran to Two Times the Financial Means Test For Enrollment Into The VA Health Care System ...... 87 No. 13: Creation of Ad Hoc Committee on Traumatic Brain Injury (TBI) ...... 87 Report: Internal Affairs Commission...... 89 Resolutions: No. 14: Affirmative Consent For Transfer [Tabled] ...... 97 No. 15: Redesignate The Liberty Memorial In Kansas City, Missouri And The District Of Columbia WWI Memorial As National WWI Memorials ...... 99 No. 16: Change To The Sons Of The American Legion National Constitution ...... 101 Reports: Public Relations Commission ...... 104 Membership and Post Activities Committee ...... 107 Foreign Relations Commission ...... 109 Announcements ...... 112

Thursday, October 14, 2010

Invocation ...... 113 Greetings: Kevin Secor, Veterans Administration ...... 114 Roll Call ...... 115 Appointments to the Legion Riders Advisory Committee ...... 117 Report: Americanism Commission ...... 117 Resolutions: No. 28: American Legion Baseball Region One Tournament Site ...... 121 No. 29: Flag Code Amendment ...... 122 Report: Legislative Commission ...... 124 Subcommittee on Resolutions: No. 30: The American Legion Commends The Republic of Chile ...... 148 No. 31: The American Legion Position On Military Chaplains And Physicians ... 148 No. 14: Affirmative Consent For Transfer ...... 150 Report: National Historian ...... 152 Reports: National Vice Commanders: ...... 154 William F. Schrier, Washington ...... 154 Russell J. Henry, Louisiana ...... 154 John M. Mella, Michigan ...... 156 Carlos Orria-Medina, Puerto Rico ...... 157 Eugene R. Pytka, Rhode Island...... 158 Eligibility of National Officers ...... 159 Confirmation of Interim Appointments ...... 160 Confirmation of Cancellation of Post and/or Squadron Charters ...... 160 Confirmation of Dates for Future Meetings ...... 162 iv

Significant Gifts to the National Headquarters Library and Museum ...... 163 Report: Subcommittee on Committees ...... 164 Final Report: Subcommittee on Resolutions ...... 165 Closing Remarks: Jimmie L. Foster, National Commander, Alaska ...... 166 Announcements ...... 169 Benediction ...... 169

Abbreviations ...... 171 Index ...... 175

PROCEEDINGS

of the

NATIONAL EXECUTIVE COMMITTEE

Wednesday, October 13, 2010

...At 9:00 a.m., October 13, 2010, the National Executive Committee of The American Legion was called to order by National Commander, Jimmie L. Foster, and the following proceedings were had. NATIONAL COMMANDER FOSTER: Please rise. Sergeant-at-Arms will lead us in the hand-salute. NATIONAL SERGEANT-AT-ARMS KING: Hand-salute. Two. ...The National Executive Committee stood and saluted the Colors. NATIONAL COMMANDER FOSTER: Call for the invocation by Reverend Daniel J. Seehafer from Wisconsin, the national chaplain.

Invocation Rev. Daniel J. Seehafer, Wisconsin, National Chaplain

We pray. Heavenly Father, we humbly approach Your throne of grace this morning, as You have given us time to be renewed and refreshed. We ask though, Lord, for Your presence and guidance throughout this meeting as a vital part of our organization has gathered, the NEC. May the work that we do here and outside these walls be a blessing to You and the people we serve, yes, serving America's veterans every day. This we pray in Your life-giving name, that is Your empowering name. And so it shall be. Amen.

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

NATIONAL COMMANDER FOSTER: Would you join me in the Pledge of Allegiance. ...At this time the National Executive Committee stood and recited the Pledge of Allegiance. NATIONAL COMMANDER FOSTER: We'll recover for the preamble. ...At this time the national Executive Committee stood and recited the Preamble to the Constitution of The American Legion. NATIONAL COMMANDER FOSTER: While we are still standing, recognition of the POW/MIA flag. Resolution 288 adopted at the 67th Annual National Convention requires the designation of a POW/MIA chair or a flag at all official meetings of The American Legion. This is a symbol of the thousands of American POW/MIA's still unaccounted for from all wars and conflicts involving our nation. With the POW/MIA flag positioned to my left, let it serve as a reminder for all of us to spare no effort to secure the release of any American prisoners; the reciprocation of the remains of those who have been killed in action, and a full accounting of those who are still missing. Let us rededicate ourselves to this vital endeavor. Call on National Adjutant Daniel S. Wheeler from Virginia for the roll call.

2 Proceedings of Wednesday, October 13, 2010 Roll Call National Officers

National Commander Jimmie L. Foster, Alaska

National Adjutant Daniel S. Wheeler, Virginia

National Chaplain Rev. Daniel J. Seehafer, Wisconsin

National Vice Commanders Russell J. Henry, Louisiana John M. Mella, Michigan Carlos Orria-Medina, Puerto Rico Eugene Pytka, Rhode Island William F. Schrier, Washington

Past National Commanders

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

National Executive Committeemen

Proceedings of Wednesday, October 13, 2010 3 Idaho Wayne D. Mitchell Illinois Eugene Thompson Indiana W. Darrell Hansel Iowa John J. Ross Kansas David O. Warnken Kentucky Randall Coffman Louisiana Charles D. Aucoin Maine Robert A. Owen Maryland Leroy E. Thornton Massachusetts Milton K. Lashus Mexico Jerry A. King Michigan Darwin Krieger Minnesota Raymond DeZurik Mississippi Robert E. Gosa Missouri Richard A. Heigert Montana Sylvia A. M. Beals Nebraska Douglas Boldt Nevada Ron Gutzman New Hampshire John E. Neylon New Jersey William Billy Mack New Mexico Taurino J. Trevino New York Richard R. Keiser North Carolina Jerry L. Hedrick North Dakota Curtis O. Twete Ohio Henry S. Long Oklahoma Warren D. Wilson Oregon Charles E. Schmidt Pennsylvania Richard A. Coccimiglio Philippines Charles H. Cathey, Jr.Excused Herbert J. Scholten Puerto Rico Alberto RodriguezExcused Monserrate OquendoExcused Rhode Island Ronald P. Levasseur South Carolina Billy W. Bell South Dakota Paul A. Evenson Tennessee Rollen D. Bradshaw, Sr. Texas Conrad L. Roberson Utah William E. ChristoffersenExcused Terry D. SchowExcused Vermont Barbara Bushaw Virginia George C. Lussier, Jr. Washington Michael L. Montaney West Virginia William W. Kile Wisconsin David L. Gough Wyoming Gerald L. Jacobs

NATIONAL ADJUTANT WHEELER: Mr. Commander, that completes the roll call. You have a quorum. RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, since it appears that neither the NEC nor the NECA from Puerto Rico are present, I move that the department commander from Puerto Rico, Mr. Fulgencio Gonzales-Ortis, be seated with voice but no vote in accordance with Rule 5G. NATIONAL COMMANDER FOSTER: Do we have a second? …Second. You have heard the motion. Any discussion? All in favor say aye. Opposed? Motion carried.

4 Proceedings of Wednesday, October 13, 2010 NATIONAL COMMANDER FOSTER: Mr. Bock. PAST NATIONAL COMMANDER BOCK: Mr. Commander, Tom Bock, PNC. I move also in connection with Rule 5G of the rules of the NEC, that Bob Jones, the department judge advocate of Utah be seated in place of Bill Christoffersen, NEC, and his alternate. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion. Any discussion? All in favor say aye. Opposed? Motion carried. With that, I now set a quorum. NEC MEMBER PROCTOR (FL): Mr. Commander, may I address the NEC? NATIONAL COMMANDER FOSTER: You may. NEC MEMBER PROCTOR: Mr. Commander, national officers, members of the NEC, fellow Legionnaires and guests. I have sat in this room for the past 20 years, and I signed many get well cards. Never did I think that one day that I would be on that end of the card. I can't thank you enough for all your cards, e-mails, and phone calls during my time. There's a few people that I would like to recognize. I want to personally thank National Adjutant Dan Wheeler and his staff for all their support; Past National Commander Jake Comer for all his phone calls to my wife and myself when I was getting better. And then my very good friend that went through a hard time a couple years ago, Jerry Hedrick. And I was really down, and Jerry called me and brought me back and all along during my recovery. And then my brother, Dennis Boland, who was there to see me in the hospital all the time; came to my home; represented Florida during my illness. I just once again want to thank you and God bless all of you. It's a truly great organization that we all belong to, and again, God bless you, and thank you very much. (Applause) PAST NATIONAL COMMANDER THIESEN: Comrade Commander, and members of the NEC. I too have signed many cards as Robert talked about, but at the National Convention, on Wednesday before National Convention, my wife's mother was  had been somewhat ill for about two months or a month and a half at that time, and my wife came home, Graetian came home and said she wasn't going to go to National Convention because of her mother's condition. And I said, "Well, if you don't go then I won't either." My mother-in-law turned ninety on September the 13th, that was on a Monday, and the following Sunday evening she passed away. We had a bowl in our living room where the family would come, and it was stacked high with cards. And at that time family members who are not associated with organizations such as The American Legion, realized how far reaching the Legion family is. My wife says thank you and expresses her gratitude and the extended condolences in the loss of her mother, my mother-in-law, and we too are very grateful to be, at the time of sorrow, recipients of your cards and letters of condolences. Thanks again for all you do in the family way of the great American Legion family.(Applause) PAST NATIONAL COMMANDER COMER: Well, we've heard of sickness and we've heard of death, and let's hear about something enjoyable. I'll let you all know how privileged I am and thank you for all of the cards and gifts that came to our home, because on August 14th, Elsie Bailey, past national president of The American Legion Auxiliary, who served with Ron Conley back in 2002, she and I became one of man and wife. Thank you very much. (Applause) PAST NATIONAL COMMANDER CONATSER: I just wanted to bring everybody up to speed. We all know that Mr. Geiger is not with us this week. He has been infected with the West Nile virus. It's a very serious situation. We've got some very positive news while we were here Thursday, they had moved him out of intensive care into what they call respiratory care, which is still an elevated level, but it's an excellent sign. John's family doesn't totally understand the scope of The American Legion. But they were smart enough to know that they couldn't field all of your questions and all of your

Proceedings of Wednesday, October 13, 2010 5 phone calls and all of the things that go with being a part of the Legion family, so they are using a website. It's called caringbridge.com. You can go to that website. It will give you an update. They update it about twice a week now. On the last update they are even talking about the next step, which is moving him into rehab. This will be a slow process. It's going to take some time, but all the diagnoses are good and we're very encouraged at this point. I would encourage you to go to caringbridge.com. There is a guest book there you can sign, and there's a place where you can send him a note. The family has taken the time to read him those notes and things, and so I'm sure he appreciates it. At this point in time no one is allowed to see him yet. When they do, then we'll be able to give you better updates on things. But it appears the signs are going in the right direction. Please take the time to sign his guest book and send him a note. I know he'll appreciate it. But that's the real story. I have only heard a couple rumors that surprised me this week, but that's the real story about what's going on. Thank you. (Applause) NATIONAL COMMANDER FOSTER: Any other announcements? NATIONAL ADJUTANT WHEELER: The new photos of all NECmen will be taken during lunch at the break room outside of the NEC room. The National Commander's Dinner honoring the NEC is tonight at the Sheraton City Centre, Indianapolis. The reception will be held in the Circle Suite at 6:00 p.m. Dinner will be served in the Meridian Ballroom at 7:00 p.m. NECmen who haven't yet submitted names of attendees will find a bright yellow form on their desk. This needs to be completed and returned to Kevin Long, who's at the back of the room. Cutoff for seating request is ten o'clock a.m. this morning. So if you have a yellow form, please complete it and turn it in immediately. Tickets will be available for pickup after lunch. NATIONAL COMMANDER FOSTER: For informational purposes, NEC Bill Christoffersen of Utah was here. You might have seen him around. There is nothing wrong with Bill. There was a death in his family and he had to return to Utah, so Bill did not fall off of another roof, okay. (Laughter) NATIONAL COMMANDER FOSTER: At this time we'll have opening remarks. ...At this time National Vice Commander Schrier assumed the Chair.

Opening Remarks Jimmie L. Foster, Alaska National Commander

Good morning. I'm still trying to get over this head cold. I think that was caused by being in Anchorage, Alaska at 29 degrees, and then flying to Texas at 101. So, it's all of the coughing and sneezing on airplanes and looking for heat at one place and AC at the other, that takes a toll on you, but I'm taking some medication. Good morning, national officers, past national commanders, members of the National Executive Committee and guests. Yesterday a federal judge issued an injunction throwing out the military's "Don't Ask, Don't Tell" policy. Traditionally, the courts have given the military great leeway in its operations. For an unelected judge with lifetime tenure to issue such a ruling while the military was in the process of surveying its troops on the impact of such a policy change, is outrageous. She is basically saying that she knows more than our military leadership, our Congress, and our elected commander-in- chief. Our military is engaged in two wars. Military commanders have much more important issues to deal with at this time. We call on the Justice Department to appeal this ruling. This is not about politics, it's about doing what's best for our troops, and not distracting from their war efforts. Our military should not have to be micromanaged by judicial edicts.

6 Proceedings of Wednesday, October 13, 2010 In just a couple of weeks all Americans will go to the polls and elect a brand new Congress. Whichever political party controls Congress is of no interest to us as long as we do what's right by American veterans and our military. We do know that there's already a significant number of new members elected as public officials retire from office, and it's up to us, those who have been working on veterans issues, to bring this new Congress up to speed. You people and the people in your communities know what's happening in your states, and it's important for you to be leading advocates for veterans in your legislatures, and to get back to your governors. We must be vigilant during the election season to make sure that military ballots are not only easily accessible to our troops, but they are correctly processed and counted. As many as one in four ballots cast by overseas military members, went unaccounted in the last presidential election. This is a total disgrace. No right in American society is more important than our right to vote. Our military men and women are the people most impacted by the decisions made by our elected officials. No servicemember’s ballot should ever be discarded because of some bureaucratic technicality. These, after all, are the same men and women who provide the free society needed to hold such democratic elections. Please ensure that the election officials in your department are processing military ballots in a professional and efficient manner. It's up to us to be the voice for our uniformed comrades. It's also up to us to educate the public about issues that are important to veterans. We can do this without being partisan or personal. Try to discourage your members from wearing their Legion caps at campaign rallies or other partisan events. We don't endorse candidates. But wearing the cap at an inappropriate venue can sometimes send the wrong impression. We have seen other veterans organizations, and other organizations develop legislative score cards, if you will. But our feeling is that we are often misleading or inadequate in measuring a lawmaker's support for veterans. Frequently, these score cards are used by politicians to muster support or opposition within their own political races. Very few veterans’ benefits or issues are ever passed as a freestanding bill or by roll call votes that would clearly reflect a member’s support or their opposition. The best way to know a lawmaker's position is to ask him. And do it by letter, by e-mail, a phone call, a town hall meeting, or the best way is a personal visit and make them commit. On the whole, veterans’ benefits have improved significantly. Rather than a wall of shame, one could argue that there are many veterans champions already in Congress. The American Legion has never been and will never be a single issue organization. Last month during my congressional testimony, we had tremendous success in Washington, thanks to many people in this room, and many other American Legion family members that visited their congressional delegates, our voice was heard. It was truly a veterans’ week. We left being 6 and 0 in Congress. On September the 20th, Congress passed the Gold Star Parents Bill. The next day, several non-defense related amendments were stricken from the National Defense Authorization Act. An effort to repeal the military's Don't Ask, Don't Tell policy failed. Just a week later, a Veterans' Omnibus Veterans' Bill was passed by Congress, which addressed burials, pensions, and many other benefits. Congress also passed a continuing resolution funding the VA and the Federal government at the 2010 levels until December. There's still much work to be done, and we'll continue to press the new Congress to ensure that all military retirees that receive disability pay, also receive their full retirement pay. Every year we make progress in chipping away at the Disabled Veterans Tax. We will not stop until this is totally eliminated. (Applause) We will also continue to call on the VA to allow veterans to use their Medicare benefits in the health system that was built specifically for them. We offer full support and assistance so VA Secretary Eric Shinseki can fulfill his promise to end veterans homelessness within five years. Veterans have been hit harder by the economy than most.

Proceedings of Wednesday, October 13, 2010 7 The American Legion hosts job fairs across the country. We need to consistently remind employers that hiring veterans is smart business. Moreover, government agencies must realize that veterans’ preference is not a goal. It's the law. Our borders must remain secure. Amnesty to illegal immigrants represents both a national security threat and a drain on our limited public resources. The American Legion continues to call for a flag protection amendment to the United States Constitution. We may have fallen short of the super-majority needed in Congress, but the overwhelming majority of the American people know that desecrating the flag is wrong. We hope for an even greater success within the next Congress. Again, a series of wrongs may have been committed at Arlington National Cemetery. America's fallen heroes deserve nothing but the highest respect and dignity in their final resting place. The management at Arlington has fallen short at all levels, and The American Legion will insist that this situation be made right, while at the same time the outstanding services that are provided by the Army's Old Guard at the Tomb of the Unknowns, the funeral honor guards, wreath laying, and other ceremonial services continue at their highest levels. We believe operations at Arlington should be transferred to the VA National Cemetery Administration which has received the highest rating of customer satisfaction ever awarded to a federal agency. We will also call on our elected leaders to fully support our men and women engaged in operations in Iraq and Afghanistan. Incipient withdrawals or inflexible timelines send the wrong message to those who wish us harm. At the same time we must give our warriors the resources that they need to succeed. Op tempos are too high, and dwell times are not long enough. We have approximately 2.4 million active and reserve servicemembers out of a country with a population of more than three hundred million. This is less than one percent. Never in our history have we fought a major war with a smaller percentage of citizens in uniform. Even Defense Secretary Robert Gates says we need more. The best way to grow our military is to give its members a high quality of life. The improved GI Bill helps, but if we don't support the families of our veterans, retention will suffer. Comfortable housing, employment opportunities for military spouses, good health care, and decent schools for their kids are essential to keeping our troops motivated and focused on their mission. As Legionnaires, we need to reach out to today's military members through programs such as Reconnect, Heroes to Hometowns, and one of our favorites, Operation Comfort Warriors. Blue Star Salutes, the Family Support Network, and the Temporary Financial Assistance also offer many opportunities to show our appreciation for their loved ones. And, of course, we must make our American Legion Posts attractive to young people. If the young veteran tells you he or she does not want to join The American Legion, ask why not. I'm telling you, you may be surprised by what you hear. Perhaps a real or perceived slight occurred at your own post. It's important that we listen to what the younger members have to say, especially for this organization to remain strong and relevant. The "wait your turn" mentality as I call it, in conducting business as usual, because that's the way it's always been done, was a turnoff to preceding generations who may not have received the welcome they deserved when they came into your American Legion post. Consider these young veterans as potential candidates for attending The American Legion College. The more inclusive we are to younger members, the more they will want to remain within our great organization. Posts are encouraged to conduct Legiontown Awareness Campaigns to educate the public about the programs and often unheralded deeds accomplished every day by Legionnaires across this great land. Such things as open houses; community covenants, and Veterans Day observances offer excellent opportunities for these programs.

8 Proceedings of Wednesday, October 13, 2010 Encourage your posts to invest about $19.95 a month to get Wi-Fi. It may not appeal to you or some of your older members, but many of the younger veterans have been using the Internet since they were in grade school. It's always been there for them. Current technology and social networking are major parts of their lives, and we should endorse theirs. My motto or my slogan for the year, as you've probably heard already, is the word S.A.V.E.D. S.A.V.E.D., with a period after each letter. It means Serving America's Veterans Every Day. As leaders within your department and in our national organization, you're doing just that. Whether it's running a elaborate program or simply saying thank you to a veteran, there are many ways to continue to serve the veterans. That's why we exist, and The American Legion will never lose focus of our veterans. We have some very important issues before us to discuss over the next couple days, and I have full confidence in the people within this room who will provide the solutions for the National Executive Committee that will make decisions that will affect us for years to come. We are the board of directors. You're elected by your membership within your department to review and analyze and make a religious vote on what happens that will affect us. I hope you will hold that true and that you will represent your department well. It's a great honor being your national commander. If I haven't been to your department, it's scheduled. I thank you for the hospitality and courtesies that you have already shown me to the ones I have went to, and hopefully in the ones to come. Thank you very much. (Standing applause) ...At this time National Commander Foster resumed the Chair. RESOLUTIONS VICE CHAIRMAN WARNKEN: Mr. Commander, motion to receive and file of the report of the national commander. …Second. NATIONAL COMMANDER FOSTER: Motion to receive and file the report. Any discussion? All in favor say aye. Opposed? Motion carried.

Introduction of National Officers

NATIONAL COMMANDER FOSTER: At this time we will introduce the national vice commanders. If they will just stand, turn around. First, from the Department of Louisiana, Russell J. Henry; from Michigan, John M. Mella; from Puerto Rico, Carlos Orria-Medina; from Rhode Island, Eugene R. Pytka; from Washington, William F. Schrier; (Applause) The national chaplain from the Department of Wisconsin, Reverend Daniel J. Seehafer. The national historian from Massachusetts, James C. Fratolillo. The national sergeant-at-arms from Alaska, Ernest L. King, Sr. (Applause) Thank you gentlemen.

Reading of Minutes of Previous Meetings

NATIONAL COMMANDER FOSTER: At this time we will have the reading of the previous minutes. RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander. The minutes have been printed in digest form and distributed. I move they be approved without being read. …Second. NATIONAL COMMANDER FOSTER: The motion is to approve the minutes without being read. Any discussion? All in favor say aye. Opposed? Motion carried. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander. NATIONAL COMMANDER FOSTER: Mr. Hedrick.

Proceedings of Wednesday, October 13, 2010 9 Oral Report: Subcommittee on Resolutions Jerry L. Hedrick, North Carolina, Chairman

Mr. Commander, your Subcommittee on Resolutions has been in session for the last two days going through resolutions. We have 29 resolutions that will be presented here today coming from the commissions and committees who will make these reports. Based on the experiences over the last two days, the Subcommittee would like to re- emphasize the importance of staff and chairmen being available to address concerns of the subcommittee. As you well know, as we review these resolutions, we need the assistance sometimes of staff and chairmen. Without their availability, we delay our time and your time, so we ask that you be available for call-in so we can have you in to answer any questions we may have. Any resolution seeking National Executive Committee approval will follow the report of the commission. All resolutions which have been disposed of by other action, or held for further study, will reported as an addendum. Mr. Commander, I ask that you prepare the National Executive Committee for memorializing resolutions. …At this time the national commander asked the National Executive Committee to uncover, and they stood in silence for the reading of the following memorial resolutions.

Memorial Resolutions Joe L. Matthews (Texas)

WHEREAS, It has pleased almighty God, the Great Commander, to summon to His immortal legions our beloved comrade, Joe L. Matthews  Department Commander 1956 to 1957; National Executive Committee Member 1958 to 1962; National Commander 1972 to 1973; National American Legion Endowment Fund Corporation Director Emeritus 2006 To 2010; 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 13th Day of October in the year of our Lord 2010, does mourn the passing of our distinguished Legionnaire, Joe L. Matthews, 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.

We have similar resolutions to be presented to the families of: E. Russell Short (Idaho); Ruddy R. Reilly (Montana); Alfred F. West (South Carolina); Rennie M. Singletary, Jr. (South Carolina); and James E. Uecker (Washington).

"Earth to earth, and dust to dust," Calmly now the words we say. Leaving them to sleep in trust Till the Resurrection day. Father, in Thy gracious keeping Leave we now Thy servant sleeping.  J. Ellerton

10 Proceedings of Wednesday, October 13, 2010 NATIONAL COMMANDER FOSTER: Cover. The Chair recognizes John Lawrence. MR. LAWRENCE, Texas: Mr. Commander, I request permission for Past National Sergeant-at-Arms Herb O'Dell, be allowed to speak. NATIONAL COMMANDER FOSTER: Permission granted. Herb O'Dell. PAST NATIONAL SERGEANT-AT-ARMS O'DELL: Thank you, Mr. Commander. Officers, members of the NEC and all. I was a longtime friend of Joe Matthews. As a matter of fact, the first National Convention I ever made, Joe Matthews and myself and another friend, drove to Minneapolis and St. Paul in 1959. So you can see that we go back a long ways. I guess Joe Matthews was the most respected Legionnaire I have ever known, and most of you knew him. And at this time I would like to say his family has asked to thank each and every one who sent memorials, letters of thought, and whatever. Joe was a Legionnaire from the bottom of his foot to the top of his head. Whenever Joe would talk to a veteran, he would let that veteran know that The American Legion wrote the GI Bill of Rights. That was one of his things that he would never fail to let a veteran know. Folks, I miss Joe, and I know you do too. And you bet that he's looking down upon you at this time. Thank you, Mr. Commander. NATIONAL COMMANDER FOSTER: Thank you. PNC Comer. PAST NATIONAL COMMANDER COMER: Thank you, Mr. Commander and members of the National Executive Committee. I've been asked by the delegation from Texas to say a few words as one that has sat in this National Executive Committee for some time. Joe Matthews was the individual that could walk the halls of this building and meet a blue cap Legionnaire that would be visiting here for very first time, and stop and talk to him and even almost take him around the building and show him what's going on. He was a truly, truly, the blue cap that was on his head, which we all go back to that's our basis. But I go back personally to remember back in 1972 when he served and I was a district commander out of Massachusetts, and we became friends. But back then, later on in life, it reminded me that I never even thought about becoming national commander, it wasn't even in my thoughts. And I got approached one day by Joe Matthews and Glen Green of South Dakota, and those are the two individuals that first came to me and said Jake, we see something here and we think you should start thinking about running for national commander. And at that point we were on our way. But Joe Matthews is that kind of an individual. He and his wife Pinky were just beautiful, beautiful people. We'll miss him a lot. We thank God for the memories, and that's all we have as members of the National Executive Committee. We'll all go there one day. But while we're sitting here, we must remember a great American, a great past national commander, a great blue cap Legionnaire. Thank you. NATIONAL COMMANDER FOSTER: PNC Bacon. PAST NATIONAL COMMANDER BACON: Thank you, Mr. Commander and members of the National Executive Committee. I had the privilege of representing The American Legion at the request of National Commander Clarence Hill when Joe passed away. I went out and spent three days in Texas; did a eulogy at the church; went to the VA cemetery with Joe and his family. And I want to just say that of all the people that I have ever met in The American Legion, Joe was probably the most friendly, outgoing member that I have ever met. He always had time to stop and have a conversation with everyone that he met, whether they would be a past national commander, a Legionnaire that was just visiting this building, or those that he came in contact with when he was traveling around the country. And perhaps the most difficult task that any of us will ever face is when we gather to say our final good-byes to a loved one or to a long and dear friend. Even when we face

Proceedings of Wednesday, October 13, 2010 11 such a difficulty, we never cease to be thankful for the deeds of Joe L. Matthews, who left us with a lasting legacy of many fond memories and a record of service that few will ever hope to achieve or exceed. Joe earned a special and respected place here on earth, and throughout The American Legion. And is, and will continue to be remembered and missed by all of us. Thank you, Mr. Commander. NATIONAL COMMANDER FOSTER: PNC Detweiler. PAST NATIONAL COMMANDER DETWEILER: Thank you, Mr. Commander and members of the NEC. I had the pleasure of first meeting Joe Matthews in Boston in 1968 at the National Convention. I was a new kid on the block. I was part of the original Vietnam and Veterans Ad Hoc Committee. Louisiana and Texas always have had a close relationship when we work together, and so I had the opportunity to get to know Joe quite well. He was a very respectful person. He was always upbeat, and always available to answer questions or to lend support. He never looked for the lime light. He was always interested in the good of the organization and the veterans that we represent and who participate with us. He was a friend. He was a mentor. And he was a gentleman. I don't think I ever heard him raise his voice. When he spoke on an issue, it was obvious that he had given a lot of thought to it. He was a man of principle. Much of his advice was in the form of suggestions. So in a sense, when you spoke to him, you may think you had solved the problem, but Joe had actually solved the problem but made you feel like you had come up with the answer. He was that kind of guy. By the time I had the opportunity to receive the nod in Chicago to get in line to be considered for national commander in 1992, most of the influential members of my Department in Louisiana had passed: Albert LaBiche; Dr. Arthur Choppin; Past National Commander Robert Charles Smith. But Joe Matthews, along with Roy Stone, John Geiger and Judge Foley, were always there to encourage and support my candidacy. I will always be grateful. I had the pleasure not only to meet Joe back in 1968 when he was considering a run, not for the first time for national commander, but for the third time. See, for you gentlemen that haven't been around very long don't remember, is there was a time we didn't have the Indianapolis Hilton, Radisson, Sheraton, or whatever it's called today, we've went through all those names, commander. We were in motels along the street a few blocks from here, and there were three rooms for candidates. If you happened to get in the middle room you never were going to be national commander. (Laughter) And Joe was in the middle room on two occasions. When I met him he was considering a run again, and he finally was elected, and he was a great commander, and we'll always be fortunate as an organization, and the veterans of this country are fortunate that Joe Matthews came our way. Thank you, sir. NATIONAL COMMANDER FOSTER: Anyone else? Thank you. At this time we'll have the report from National Judge Advocate Philip B. Onderdonk, Jr., from Maryland.

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

Mr. Commander, members of the NEC, Legionnaires. Good morning. Normally I start out with a little complaint to the national adjutant because I've only been given 10 minutes for a 20 minute report. I can't do that today. He gave me a half an hour. I hope I'm not that long. Yeah, you too. (Laughter) Well, actually I have some pretty good news. There are 148 contracts, but when we get to the litigation, as of this moment we have no dram shop cases involving the national organization. We got out of the last one last week, which is good news. Now, we spent a lot of money on them and we're trying to get the charter amended so that we'll be able to

12 Proceedings of Wednesday, October 13, 2010 try for motions to dismiss instead of summary judgment. We are having a little kickback from Congress, but we're going to keep at it, because that will certainly help, not only in the direct renewal, but also in all the litigation. A quick review of the litigation: The Boy Scouts case in San Diego, we're in amicus. They're trying to throw them out of Balboa Park because they require a belief in God. The plaintiffs are an agnostic couple. I don't think they have standing because an agnostic does not know whether there's a god or not. An atheist denies the existence. So I don't think an agnostic, who can only say, “I don't know,” has federal standing to bring the case. There's a gay couple, they were upset because they have an adopted son and he never went to use the facilities or the Boy Scouts, because they felt he would not be welcome. Well, the Boy Scouts don't care about the kid. It's the adults they're very careful about, and they have to be. They've got a five million dollar judgment against them in Oregon, where their local council violated the Boy Scouts’ guidelines, and now the judge up there is trying to hold the Boy Scouts liable. But again, this is nonsense. They were never turned down. There's no standing. There's no injury. Of course, California courts  sorry Bill  are a little different. But we're going to be supporting them and we'll keep supporting the Boy Scouts as we have done ever since we were founded. The Newdow case is the Pledge of Allegiance case. This is Newdow three I believe. He's tried before. He finally has plaintiffs for standing. The district court in California got it right this time. They threw his case out. He wanted to take the words "Under God" out of the Pledge of Allegiance. And wonder of wonders, the Ninth Circuit affirmed. So now he has to appeal to the Supreme Court or it's over. I imagine he will appeal. The Steich case, this is an old case in Pennsylvania, filed under the procedure where you can file a praecipe for a summons without a complaint. So we have no idea what his problem is. We don't have to do anything until we get served with a complaint, and there's certainly no use spending any money on something that's obviously going to be a bunch of nonsense. So we will just let it ride until the court finally throws it out because they get tired of keeping it on the records. The Paulson case. This is the Mount Soledad War Memorial, where they are trying to make the City of San Diego take the cross off it. We are an amicus in this case, and we're opposing the appeal to the Ninth Circuit. The Agent Orange product liability litigation appeals, we filed an amicus brief there in support of the claimants, the veterans. These are people who were not allowed to file a claim in the big Agent Orange case back in the ‘80's and ‘90's because they had no symptoms at that time. So they should not be barred from coming up today. However, the federal courts have said they're barred. It doesn't make any sense. It's a total denial of due process, and we're on the veterans’ side. We are proceeding with that one. The Whitehead case is really the only case we're really a party to at the moment. This is a discrimination case in Mississippi. A couple got married and had the reception at the post home. The best man was black, the couple was white. After the reception, the best man walked into the bar and ordered a drink. Now, he's not a veteran and not a Legionnaire, but they served him. He's upset because he had to wait 15 minutes to get served. How many Legion bars has anybody been into and you had to wait a half hour to get a drink, because they were so busy, right? He also was upset because the barmaid put the money on the counter instead of in his hand. Those are the two complaints in the case. That's not discrimination. In fact, I’ve been told, although I'm not sure, that some of the states, including Mississippi, might have a rule that they're supposed to put the money on the counter and not in the hand. You never know what the liquor laws in the various states are going to be. The Christian Dejohn case versus United States Army, we filed an amicus case in his behalf. He was denied employment by the U.S. Army in Carlisle Barracks as an

Proceedings of Wednesday, October 13, 2010 13 historian, despite the fact of his veterans’ preference would put him on the top of the list, but the other historians wanted someone else. So rather than hire him, they cancelled the hiring, and come back later to try to get it without telling anybody. Well, this is discrimination in the violation of veterans’ preference by the U.S. Army itself. So we're on his side. In the Isaacson case, in the Supreme Court, this is one more Agent Orange case, we are in amicus on them, and it's proceeding. That's about all that I can say at this point. We have to wait for the report. There's Pleasant Grove City versus Summum, this is the right of private parties to put up memorials disparaging veterans on city property, merely because there's a private memorial on city property honoring veterans. We filed a brief as an amici as did other amici. The Supreme Court reversed in saying monuments on public property are government speech and not the subject to scrutiny under the Free Speech Clause. So that's a win for the veterans. The Cignal International Corporation, this is a trademark matter in Ecuador where they tried to register our trademark, our emblem, for a company in Ecuador to produce clothing and then send it into the U.S. We have been filing our trademark all around the world. It's expensive but we had to do it because our customs agency will not stop merchandise bearing the emblem of The American Legion or a facsimile thereof, unless we are registered in the foreign country as well. It doesn't make too much sense, but that's it. We are proceeding with the case. We have won cases in Chile and the case in Panama that's been defaulted twice by the plaintiffs. I should also add that we have reached an agreement with the Canadian Legion. They have been able to trademark just the word ‘Legion’ in Canada. Our government will not allow it, so we were up there going to file for The American Legion, they have already filed for ‘The Legion’ in the Canadian Legion and they had a problem. So we've worked out a settlement with them: They will look out for our emblem in Canada, and we'll look out for theirs here. It seems to be the easiest way to go. The Estevez case in New Jersey was apparently a dram shop case, but we weren't sure. It had service problems. They didn't serve the Auxiliary at all. They were suing the Auxiliary, they were suing national. But the trial counsel's motion, the plaintiff's attorney dismissed the case. That was done last spring. So we never really had to find out exactly what they were complaining about. The Burcosky case in Bucks County was the most recent dram shop case dismissed. It was done last week. And I say that was the last one we had. We have the Salazar case versus Frank Buono. That's basically in limbo at the moment. That was the Mojave Cross case where the plaintiffs tried to have the Mojave Cross taken down because it was religious and the ACLU supported it. Now the plaintiff used to work for the Forest Service, but has retired to Washington State. This cross is 45 miles from any highway, on a dirt road. You have to go hunting for it. But he was offended. Well, I think there's a little more. He wants money. But in any event, there's a VFW post nearby, and the Congress had authorized transfer of that acreage to the VFW in return for five acres of VFW property, and the court tried to say they couldn't do that. Well, the Supreme Court reversed and sent the case back to the district court for further proceedings. This is the way they do it. Obviously, the district court would have to say it's okay and throw the case out. But one night after that happened the cross was torn down. We don't know who did it, but we are certainly looking and we'll continue to look. But at the moment, the district court is just sitting on the case. The Snyder case that was just argued October 6th in the Supreme Court, we are in amicus in favor of the Snyder family. This is a Westboro Baptist Church case where they picketed the Marine's funeral. They had "Thank God for dead soldiers," “Thank God for

14 Proceedings of Wednesday, October 13, 2010 dead Marines”, “God hates you," this sort of thing, with signs and chanting. The American Legion Riders and Patriot Guard revved up their motorcycles to drown out the screams and yells. The father sued and was awarded $10 million by the jury. The judge cut it in half. And then the appellate court in Richmond charged him $17,000, saying it was a frivolous appeal, but he didn't appeal. In any event, it's gone to the Supreme Court and was argued on the 6th of October. We're an amicus. We'll know whenever the court issues its opinion. Henderson versus Shinseki. This is a hundred percent service connected disability rating veteran who's challenging a federal district court's decision that when the VA denied disability because he didn't claim in time. He missed it by two weeks, but he's a hundred percent disabled for PTSD. The federal government and the VA are trying to claim that the time for filing a VA claim is jurisdictional. This is nonsense. It's just a way to save money by the government. It's gone to the Supreme Court. We are going with the veteran. The Boatner case is in Oklahoma. Mr. Boatner is past department commander of Oklahoma, and he was on the state veterans commission or council. I'm not sure what the correct title was. In any event, the department had a problem; brought him up on charges; expelled him from the Legion. He's now suing the national organization, although the complaint had no claim against the national organization. What plaintiff's lawyer wanted us to do was agree to abide by any injunction that the court might issue to us that we would reinstate him when the court so ordered. Well, I'm not so sure that's going to happen, because I think the facts are going to go the other way. But in any event, we cannot agree to violate our own corporate charter or our constitution and by-laws, which it would have been. If they want an injunction, they can issue the injunction to the department sent through the usual notice, and that's what would happen. But we're not going to make an agreement outside of our own constitution and by-laws and our corporate charter. But we have been dismissed from that case without prejudice. I doubt they ever try to bring us back. If they hadn't, we were going to go for fees. We had very low fees as it was anyway. Eleven hundred fifty-six written opinions this year to the Legion; 28 to the National Auxiliary; 202 manuscripts; attended meetings of Salary Savings committee; retirement committee; parliamentary duties, and other duties. When we wrapped up Haynes & Partners Communications last December 31, I was secretary there. And functioned as counsel for CFA. But obviously that has been dormant this year. We will hopefully be moving forward again next year. We have filed registrations in 24 states as charitable solicitation of donations. Some states have a habit of changing the rules and then say you're in violation of rules. We have a couple right now, but we keep filing and keep trying to keep up with it. They will change the law and then never notify anybody on the roster. It doesn't make too much sense. Mr. Commander, with your permission, I will get into a couple other matters, despite my report. Number one, is an e-mail that we sent out to everybody in the world we could about a new telephone number with the IRS to handle EIN number problems, employer identification numbers. The IRS has this nasty habit of letting the numbers drop off their computer if the post doesn't file for two or three years. When the post complains, they always say the national organization deleted it, which is not true. In fact, I have a form letter that basically tells the IRS please stop giving false information to our posts. In other words, please stop lying. And I used that over 700 times this year. But yeah, this is a bureaucracy, and that's the situation. As you all know, the Pension Protection Act four years ago required filing of a 990N, as in Nancy, form, electronically if the post did not file a 990 or 990EZ, and of course given the Sarbanes-Oxley Act and the IRS making those rules apply to the tax exempt community, the 990 and the 990EZ are now very tough to fill out. We

Proceedings of Wednesday, October 13, 2010 15 recommend they do the 990N. The law says the 990N is in lieu of the other forms. IRS regs say file it anyway. I leave that decision to you all. But I would do my best to keep the records straight. If the post does not file for three years, they will lose their EIN, their tax exempt status. They will only get it back when they make a written submission to the Secretary of the Treasury justifying  and I'm quoting  “why they failed to obey the law.” It's a pretty heavy burden. Maybe if you had 25 members in the post, 24 were in the nursing home, and the one that was out was unconscious for six months with a stroke, you might meet that standard. That's about as high as it is. But even then you only get your tax exempt status back and again I'm quoting: “In the discretion of the Secretary of the Treasury.” Ladies and gentlemen, if you trusted the discretion of the United States government where especially where money is involved since you've been in the service, but again, that's me, you know. But that's why it's so vitally important. They've extended the May 15th deadline until this coming Friday, October 15th, and we're going to have all kinds of problems. If you have a problem, we can get them relisted next September. The IRS will tell them who can re-list immediately, well yes, we can, and I will do that as soon as the post agrees to pay the penalties, interest, fines, et cetera the IRS will levy against the national organization nationwide for filing late, because our deadline to file is September 30 of every year, and we have done so. So you can see what's going to happen. They will tell them we can do it and that we're being stubborn. And I always tell them, I'll do it if you'll pay the fines and penalties and put up the money ahead of time. No one has done that yet. One other matter, The American Legion Compliance Policy, which we have to go through every year, this again is required by the Sarbanes-Oxley Act, this was adopted by the NEC two to three years ago. The Sarbanes-Oxley Act was the reaction of Congress to the various scandals, Worldcom, et cetera. And frankly, I don't think the statute was needed. Those who think there were scandals, because it was already illegal. But what it amounted to frankly was an SEC power grab to take over corporate America. Well, the IRS has imposed it on the tax exempt community. There are various policies in here: Record retention; compensation practices; conflict of interest. I'm not going to go through them in detail, just to mention them. The whistle blower policy. I reference that one to you because that one can be very serious. At the back, and there's also a separate form for the conflict of interest disclosure form required by IRS regulations of every NECman; every alternate; the five national vice commanders, and the national commander who has already filled his out, to disclose any conflicts of interest. You cannot disclose too much. You can disclose too little. Mr. Commander, you had a senator in Alaska who had a problem with the federal government with that, I believe, and then had a plane crash. He was acquitted after being convicted because of prosecutorial misconduct, but it still didn't help him win his election. So, he was no longer a senator. The problem was, he hadn't put down something that no one would have caused a problem about if he had put it down. It was an oversight, but it was used against him. I've had people ask me, "Well, my wife works for a post," or "My wife works for a department, or another veterans organization." It's not a problem. When in doubt, put it down. It's not a conflict of interest. If it’s put down you can't ever be accused of not disclosing. The separate form, this one (indicating) basically five questions, check yes or no, maybe some explanations, and sign it. I would appreciate getting the forms while you're here in Indianapolis because otherwise I have to write letters, call you, and that's not fun for anybody. But we would appreciate very much getting those disclosure forms so we can get that wrapped up. They are required by our taxes. Past National Commanders are not required to do it, but should do it. That's the way the law works. One of these days they're going to make that one mandatory, and we may have to go down to commission

16 Proceedings of Wednesday, October 13, 2010 chairmen and commission members in the future. That hasn't happened yet. Mr. Commander, that completes my report. (Applause)

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

Contracts

The following one hundred forty-eight (148) contracts have been reviewed or prepared: 1. Articles of Agreement by and between The American Legion and Texas National Convention Corporation of The American Legion, Inc., covering the convocation of the 2013 Convention of The American Legion in the City of Houston, State of Texas, have been executed. 2. A Memorandum of Agreement by and between The American Legion and National Veterans Legal Services Program, whereby National Veterans Legal Services will provide consultations, informal training of Department Service Officers, BVA staff and claims/representatives, case work review, briefings on proposed changes in law and regulations and assistance in methods for prompt adjudication of veterans’ appeal cases. 3. An Agreement by and between The American Legion and AdoptaPlatoon (AAP), whereby a link has been established to Operation Crayon referring to AAP which provides morale-lifting mail and care package support to service members deployed overseas. 4. A Service agreement by and between The American Legion and Powerware Global Services, whereby Powerware Global Services replaces and services the battery in the computer room. 5. An Agreement by and between The American Legion and Data Processing Services, Inc., whereby Data Processing Services will add 15 disc drives to the computer system and create and add drives to the computer system storage capacity. 6. An Agreement by and between The American Legion and Neighborhood E- mail, whereby Neighborhood E-mail will assist in cleaning of in-house data base and E-mail files. 7. A Service Agreement by and between The American Legion and Fuller Engineering Service Corporation, whereby Fuller Engineering will provide maintenance on the Liebert Equipment in the computer room. 8. An Agreement by and between The American Legion and Dell Marketing L.P., whereby The American Legion will market the Dell Federal Member Computer Discount Purchase Program to its various associations, employees, members and affiliates. 9. An Agreement by and between The American Legion and KBM (KnowledgeBase Marketing-Mutual of Omaha) for marketing of insurance products for Legion members. 10. An Agreement by and between The American Legion and Norlight Telecommunications, Inc., whereby Norlight Telecommunications, Inc. will provide a dedicated internet port and service of same for The American Legion’s computer system. 11. Housing contract between The American Legion and Marymount University to provide for lodging and food service for American Legion Boys Nation held in July 2010.

Proceedings of Wednesday, October 13, 2010 17 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 the James G. Elliott Co., Inc. for integration into the JGECO M-PANEL Services software. 14. An Agreement by and between The American Legion and 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 Office Max to provide office supplies, office furniture, technology and similar products. 16. Two (2) List Protection Agreements by and between The American Legion and the following companies have been executed to cover the protection of magnetic tapes used for mass-mailings to the general membership of The American Legion: Resource One Association Group Insurance Administrators (AGIA) 17. A Service Agreement by and between The American Legion and Sigma Micro Corporation for The American Legion’s Technical Services Rate Retainer (TSRR) subscription for hardware, operating system and environment support. 18. A Service Agreement by and between The American Legion and Budget Truck Rental, LLC for truck rental discount program. 19. Maintenance Agreement by and between The American Legion and Comtech Group for the IBM Software subscription for the AS400 and RS6000 computer software. 20. Maintenance Agreement by and between The American Legion and 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 1-800-Flowers.com provides floral and gift products for members. 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.

18 Proceedings of Wednesday, October 13, 2010 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. An Agreement by and between The American Legion and Pitney Bowes Software, Inc. for software products. 34. An Agreement by and between The American Legion and Vanguard Car Rental USA Inc. (Alamo and National), which offers car rental discount programs to Legion members. 35. An Agreement by and between The American Legion and ASC Data Service which supplies data for four-year colleges for the Need a Lift brochure. 36. An Agreement by and between The American Legion and Fundamentals Company, Inc. to provide a fundraising opportunity through the sale of magazine subscriptions for Legion members and their families. 37. An Agreement by and between The American Legion and Bulkley Dunton Publishing Group for the purchase of paper to The American Legion. 38. An Agreement by and between The American Legion and Adecco Staffing Services Agreement for temporary help during the 2010 national convention. 39. An Agreement by and between The American Legion and Time Warner telephone and data lines services which includes firewall management, internet “pipe,” main voice lines, data line to DC office and data line to Fort Ben office. 40. An Agreement by and between The American Legion and Swift Trip, LLC, Legion Family Travel. Discount travel services for Legion members and their families. 41. An Agreement by and between The American Legion and Mid America Marketing Cancer Care Plus Insurance Program, underwritten by Family Heritage Life available to Legion members. 42. An Agreement by and between The American Legion and WebStream Productions to provide live video webcast streaming of the American Legion World Series Baseball games for 2010. 43. An Agreement by and between The American Legion and Reader’s Digest Association to help utilize the DMS Program. 44. An Agreement by and between The American Legion and AT&T to upgrade the internet services to the Fort Ben facility. 45. A Service Agreement by and between The American Legion and Brinks for pick-up and delivery services. 46. An Agreement by and between The American Legion and OfficeMax for discounted office supplies and print and document services for Legion and SAL members. 47. An Agreement by and between The American Legion and RoadCare Plus for a discount, full-service roadside assistance program for Legion members. 48. An Agreement by and between The American Legion and Honeywell Building Solutions for integrator and/or digital video manager software products.

Proceedings of Wednesday, October 13, 2010 19 49. An Agreement by and between The American Legion and USAA to provide financial products and services to members of the U.S. military and their families. 50. An Agreement by and between The American Legion and Bowe Bell and Howell, the service provider for the cutters in the Fort Ben letter shop. 51. An Agreement by and between The American Legion and Michael Peterson for his CD/DVD developed for The American Legion Family. 52. An Agreement by and between The American Legion and Ski Landscape Ground Maintenance Renewal which provides grounds maintenance and snow removal for the Fort Ben building. 53. Ninety-five (95) Subcontractor Standard List Protection Agreements by and between The American Legion and the following companies have been executed to cover the protection of magnetic tapes used for mass mailings to the general membership of The American Legion: 4 Warranty Aberdeen American News-South Dakota Acxiom AEGON Direct Marketing Analytics IQ. Inc. ASC (The College Board) Audit Bureau of Circulations Avis and Budget Car Rental Bankers Life & Casualty Company Brickmill Marketing Services Business Mailing Center Careington International Caremark, LLC Confidentiality CD-COM Systems Midwest, Inc. CES Mail Communications, Inc. Colonial Penn Life Insurance Company Commander Printed Products Commercial Letter, Inc. Corporate Express Document & Print Mgmt. Crell Mail Advertising Daily Freeman Journal Datagraphic Data-Mail, Inc. Dayton Technologies E H Direct Edge Direct Epsilon Equifax Direct Marketing Solutions, LLC E-Target Media Fahlgren Mortine First National Bank of Omaha Freedom Graphic Systems G E Financial Assurance Gallagher Benefit Services GMAC HNE Printers/Daily Reporter Hutchinson Company info USA, Inc.

20 Proceedings of Wednesday, October 13, 2010 International Data Management JH Marketing Services KDM Knowledge Base Marketing, GP Konik and Company Kramers Mailing Service Life Line Screening Lighthouse List Company Long Term Care Associates, Inc. LTCR Analytics IQ, Inc. Magnet Direct Mail Computer Services Direct Mail Manager Mailing Services of Pittsburgh Mainstreet Media-Kansas MCS Direct Merkle, Inc. Military Advantage MMP Direct and Printing Moore Wallace Response Marketing Morgan Printing, Inc. Name-Finders List National General Insurance Nfocus Consulting, Inc. North Mail, Inc. On line Insurance Services, LLC PacifiCare PEP Direct, Inc. Perma-Graphics, Inc. PipMail Print Communications, Inc. Production Services Associates, LLC Propco Marketing PSA Quadriga Art, Inc. R.R. Donnelley & Sons Company Ripon Printers River’s Edge Printing SB MailWorks SCI Management, LLP Signature Offset SIRVA Affinity Group Services Strategic Marketing and Mailing The Mailing House The Heritage Company The Hertz Corporation TN Marketing Torrington Telegram-Wyoming TransAmerica Affinity Services, Inc. TransContinental Direct True North Companies US Monitor

Proceedings of Wednesday, October 13, 2010 21 Valley Printworks Ventura Printing VERTIS Veterans Online, LLC Weider History Group

Litigation

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

LORI & LYNN BARNES- WALLACE; MITCHELL BARNES- WALLACE; MICHAEL & VALERIE BREEN; MAXWELL BREEN,

Plaintiffs-Appellants/ Record Nos. 04-55732, 04-56167 XAP Cross-Appellees,

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.

22 Proceedings of Wednesday, October 13, 2010 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.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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

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

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

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

COMMONWEALTH OF PENNSYLVANIA COUNTY OF SCHUYLKILL

Daniel Jeffrey Steich Plaintiff S-2371-2005 v.

THE AMERICAN LEGION POST NO. 575, ET AL

Defendants

The case was filed in Pennsylvania by filing a Praecipe for Summons and Summons.

Proceedings of Wednesday, October 13, 2010 23 Under Pennsylvania law, a complaint need not be filed for several years unless the defendant insists. We see no reason to start spending the money. Accordingly, we are keeping an eye on the case. It cannot go forward until the plaintiff does file his complaint. The court has sent notice it intends to terminate this case unless a party fills out a Statement of Intention to Proceed before October 1, 2008. Despite this, the case is still pending.

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

Philip K. Paulson,

Petitioner Case No. GC 849667

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

Respondents

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

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

IN RE: “AGENT ORANGE” PRODUCTS LIABILITY LITIGATION

24 Proceedings of Wednesday, October 13, 2010 JOE ISAACSON AND PHYLLIS LISA ISAACSON, Plaintiffs-appellants,

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 have attempted to use the early case to deny them any compensation. Most of the other veterans’ organizations have also joined in support of the plaintiffs.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION

PAUL ASHBY, GERRY WHITEHEAD AND JESSICA PIGG WHITEHEAD

VERSUS NO. 1:7CV248-M-D

THE AMERICAN LEGION, AMERICAN LEGION DEPARTMENT OF MISSISSIPPI AND AMERICAN LEGION POST 130

This is a discrimination case based upon the fact that the best man at a wedding reception, during or after the reception, walked into the Post bar of Post No. 130 in Mississippi to order a drink. He objects to waiting fifteen minutes to be served and to the fact that the barmaid would not put his change in his hand, but placed it on the counter. Plaintiff’s lawyer sent a demand to The American Legion requesting The American Legion to waive Service of Process. A response was returned refusing to waive Service of Process citing the cases that show The American Legion is not responsible and giving the plaintiff’s attorney a Summary History of The American Legion’s position on race relations. Despite the case law showing that The American Legion is not responsible, plaintiff’s attorney elected to serve The American Legion. The insurance company denied coverage and an attorney was obtained. We have filed numerous motions and will be filing a motion for Summary Judgment. The only claim against The American Legion is that it “condoned” discrimination. This makes no sense and is not a tort known to attorneys. The case is proceeding.

2006-3159, 2008-3060 UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

Proceedings of Wednesday, October 13, 2010 25 CHRISTIAN M. DEJOHN, Petitioner,

DEPARTMENT OF THE ARMY, Respondent.

This case brought by a veteran of Bosnia who was denied a job as an Historian by the U.S. Army in violation of his rights to Veteran’s Preference. The American Legion has filed an amicus brief in the Court of Appeals for the Federal Circuit supporting Mr. DeJohn’s rights to Veteran’s Preference. The case is continuing.

IN THE SUPREME COURT OF THE UNITED STATES

JOE ISAACSON AND PHYLLIS LISA ISAACSON, ET AL., Petitioners

DANIEL RAYMOND STEPHENSON, SUSAN STEPHENSON, DANIEL ANTHONY STEPHENSON, AND EMILY ELIZABETH STEPHENSON, ET AL.,

v. 05-1826-CV

DOW CHEMICAL COMPANY; MONSANTO COMPANY; HERCULES, INC., OCCIDENTAL CHEMICAL CORPORATION;ULTRAMAR DIAMOND SHAMROCK CORPORATION; MAXUS ENERGY CORP.; CHEMICAL LAND HOLDINGS, INC.; T-H AGRICULTURE & NUTRITION CO.; THOMPSON HAYWARD CHEMICAL COL; HARCROS CHEMICALS, INC.’ UNIROYAL, INC.; C.D.U. HOLDING, INC.; AND UNIROYAL CHEMICAL CO., INC. Respondents.

These cases involve Agent Orange issues. Neither plaintiff was allowed in the class action because they had not at that time developed symptoms. Since that case is over and closed, the symptoms have been developed. The individuals have, accordingly, sued the chemical companies. The defense is that the case is over and the chemical companies were already sued in a class action. However, these people were specifically excluded from the class who could recover. Hence, their rights cannot be cut off by the class action. Notwithstanding this, the Second Circuit has ruled against these plaintiffs. The American Legion has joined them as an amicus curiae in their petition for certiorari to the

26 Proceedings of Wednesday, October 13, 2010 Supreme Court. If certiorari is granted, we will be filing a brief in support of the individuals.

IN THE SUPREME COURT OF THE UNITED STATES

PLEASANT GROVE CITY, Petitioner,

SUMMUM, Respondent. On Writ of Certiorari To The United States Court of Appeals for the Tenth Circuit

These cases involve the right of private parties to place memorials disparaging veterans on city property merely because there is a private memorial on city property honoring veterans. The 10th Circuit ruled that Summum, the plaintiff, had the right to place his memorial on the property of the city of Pleasant Grove and Duchan City. This, of course, would have a chilling effect on the placement on veteran’s memorials. The American Legion agreed to become an amicus curiae and was joined by the VFW and The Military Order of the Purple Heart, Commissioned Officers Association of the US, The Veterans of the Vietnam War, Inc., Veterans Coalition and The Americans Ex Prisoners of War. The American Legion filed a brief as did the other amici. The Supreme Court reversed saying monuments on public property are government speech and not subject to scrutiny under the Free Speech Clause.

NATIONAL DIRECTOR OF INDUSTRIAL PROPERTY OF THE ECUADORIAN INSTITUTE OF INTELLECTUAL PROPERTY

THE AMERICAN LEGION, Opposer, Request no. 192064/07 v. Trademark: AMERICAN LEGION Published in the Intellectual Property CIGNAL INTERNATIONAL CORP., Gazette No. 514 of November 2007 Applicant

This is a matter in Ecuador in which The American Legion is opposing the attempt of Cignal International Corp. to register the emblem of The American Legion as one of its trademarks. We believe that, should Cignal be successful, it will flood the US with a lot of cheap merchandise bearing the emblem of The American Legion. Accordingly, opposition to their application has been filed in Ecuador. The Cignal application was dismissed in Ecuador. We are in the process of filing a similar opposition in Panama to get an approved registration in that country cancelled. It is proceeding.

Proceedings of Wednesday, October 13, 2010 27 SUPERIOR COURT OF NEW JERSEY MERCER COUNTY-LAW DIVISION

DANIELLE M. ESTEVEZ AND CARLOS ESTEVEZ Plaintiff

vs. Docket No. MER-L-000713-08

SANDRA I. STEWART-DAVIS, CHARLES T. DAVIS, AMERICAN LEGION, XYZ CORPORATION (a fictitious company), John Does and Jane Does (a fictitious designation representing one or more person) Defendant

This is, apparently, a dram shop case. The complaint is so poorly drafted that we do not know for sure. It merely alleges that The American Legion is responsible for an unnamed Post who allowed one of the defendants to drink there. There are a number of allegations of carelessness, recklessness and negligence, but no facts. The case was originally served against the American Legion National Auxiliary on July 9, 2008. Noting that The American Legion was also named, the National Organization of The American Legion waited for service. When it did not come, further investigation revealed that service had been made on the agent for the service of process on April 14, 2008. On learning of this detail, counsel was obtained and an answer filed to avoid default. The matter has been referred to the insurance company, but we have no decision from them yet. In any event, we have recommended that our attorney be used by the insurance company since he has an outstanding record of representation for The American Legion. He has won sixteen cases with no losses. On his own motion, trial counsel suggested that he contact plaintiff’s attorney to see if the complaint would be dismissed, based on the Urban case, since there is no liability in the National Organization and plaintiffs apparently do not even know if there was consumption of alcohol at a Legion Post or if there was, which post. This has been accomplished and the case is closed.

IN THE COURT OF COMMON PLEAS BUCKS COUNTY

EVEANN BURCOSKY COURT OF COMMON PLEAS BUCKS COUNTY And EVEANN BURCOSKY, Administratrix of the Estate of Michael Burcosky, Deceased And ADAM BURCOSKY, minor, by and through his parent and natural guardian, EVEANN

28 Proceedings of Wednesday, October 13, 2010 BURCOSKY And JOHN BURCOSKY, minor, by and through his parent and natural guardian, EVEANN BURCOSKY And AMERICAN LEGION POST 834 And THE AMERICAN LEGION NO. 0902835-34-2

This is a dram shop case filed in Bucks County, Pennsylvania. The plaintiff claims The American Legion served alcohol and is responsible for the actions of the Post club. The insurance company is defending us and the case is being strongly opposed. The Post attorney filed an answer on behalf of National which had to be removed from the record before we could file our answer. This has been accomplished. The National Organization has been dismissed without prejudice.

No. 08-472

In The SUPREME COURT OF THE UNITED STATES

KEN SALAZAR, Secretary of the Interior, et al.,

Petitioners, v.

FRANK BUONO,

Respondent.

On Writ of Certiorari To The United States Court of Appeals For The Ninth Circuit

This case involves the Mojave Cross. The United States government sold the property to an American Legion Post to maintain this monument to World War I veterans. The Ninth Circuit Court of Appeals and the district courts of the government could not transfer an acre of property if the cross had to be destroyed. The government has appealed to the U.S. Supreme Court. The American Legion has joined as an amicus on the side of the government. The plaintiff is a former forest service worker. The Mojave Cross is miles from a main artery and can only be found if one looks for it. Hence, the case is another one of those where the ACLU and its minions are seeking attorney’s fees from the federal government for saving the country from the danger of a cross on private property. The court adopted our concepts and sent the case back, saying Congress could transfer the property. Then the cross was destroyed by “vandals.” A reward has been offered.

Proceedings of Wednesday, October 13, 2010 29 IN THE UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND

ALBERT SNYDER, Plaintiff Civil Action No. 06-CV-1389 RDB v.

FRED W. PHELPS, SR., JOHN DOEs, JANE DOESs, and WESTBORO BAPTIST CHURCH, INC. Defendants

This case began when the father of a Marine sued Fred Phelps and the Westboro Baptist Church for picketing and doing their best to disrupt the funeral of his son, a United States Marine who was killed in action. The suit involved claims for intentional infliction of emotional distress. The plaintiffs won in the district court, but the Fourth Circuit reversed and ordered the plaintiffs to pay $16,500.00 because of a “frivolous appeal?” The American Legion immediately started an effort to raise the money to pay this outrageous charge and join the case as an amicus. A newscaster actually raised the money, so the over $18,000.00 raised by The American Legion has been set aside to cover the costs of going to the Supreme Court. The ACLU and a number of law schools are opposed saying the protest that attempted to disrupt the funeral was perfectly proper.

IN THE SUPREME COURT OF THE UNITED STATES

DAVID L. HENDERSON Petitioner, No. 09-1036 v.

ERIC K. SHINSEKI, Secretary of Veterans Affairs, Respondent,

This case involves a veteran with 100% service connected disability rating who is challenging the Federal Circuit Court’s decision that the deadline to seek judicial review of a VA denial of disability benefits is jurisdictional and may not be extended under the doctrine of equitable tolling. The plaintiff missed the deadline by 15 days because he was bedridden suffering from the very mental and physical disability for which he sought benefits. This decision has already led to the dismissal of hundreds of claims and thus is immensely important to veterans seeking benefits for disabilities resulting from their service to the country. The American Legion is preparing a brief and will intervene in the case on its way to the Supreme Court.

30 Proceedings of Wednesday, October 13, 2010 IN THE DISTRICT COURT OF CLEVELAND COUNTY STATE OF OKLAHOMA

PHILLIP BOATNER, Plaintiff, vs.

BOBBY J. LONGENBAUGH, Individually; Case No. CV-2010-371-L DAVID KELLERMAN, Individually/ THE AMERICAN LEGION, a body corporate; and THE AMERICAN LEGION, DEPARTMENT OF OKLAHOMA, a distinct corporate department, defendants,

This is a case in Oklahoma concerning an individual who allegedly double dipped on expense accounts. He was fired from his state job and expelled from the Legion by the Department Executive Committee since he was a past Department Commander and thus a member of the executive committee. The citation is Article I, Section 8 of the National By-laws, second sentence. The complaint makes absolutely no charges against The American Legion. Accordingly, we have suggested strongly to plaintiff’s counsel that The American Legion be dismissed. The plaintiff keeps trying to insist on conditions that go beyond the National Constitution and By-laws of The American Legion. Plaintiff’s attorney has been told that if these conditions are desired he should put them in the court order on the Department if and when he obtains same. As for the National Organization we will only agree to comply with the National Constitution and By-laws and reinstate or otherwise handle the membership of a former member when appropriately notified by the Department. The National Organization has been dismissed without prejudice.

Other Legal Matters

There are a number of other legal proceedings in which The American Legion has been contacted for discovery purposes, which are not part of or named in the particular cause and a number of cases are in the beginning stages but not yet filed. The National Judge Advocate has rendered 1,156 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.

Proceedings of Wednesday, October 13, 2010 31 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 28 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 202 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 2009 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 2009 with the Internal Revenue Service in connection with the American Legion Employees’ Salary Savings 401(k) Plan. The office of the National Judge Advocate also reviewed the Summary Annual Report for the Employees’ Salary Savings Plan and arranged for the distribution thereof as required by law.

Parliamentary Duties

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

Other Duties

The National Judge Advocate functioned as Secretary for Haynes & Partners Communications, Inc. and completed the dissolution of the corporation December 31, 2009. The National Judge Advocate also functions as counsel on matters involving labor issues, real estate law, postal regulations, corporate organizations and insurance.

32 Proceedings of Wednesday, October 13, 2010 In addition, the National Judge Advocate functions as counsel for and a director of The Citizens Flag Alliance, Inc. In that capacity, the National Judge Advocate attends board meetings. 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, 24 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, 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.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, I move the report of the national judge advocate be received and filed. ...Second NATIONAL COMMANDER FOSTER: You’ve heard the motion and second to receive and file the report of the national judge advocate. Any discussion? All in favor say aye. Opposed? Motion carried. At this time I call on Finance Commission Chairman Kenneth Danilson from Iowa.

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

Mr. Commander, members of the NEC and guests. The Finance Commission met Monday and Tuesday, October 11-12, 2010. All commission members were present, as well as others provided reports as noted in my written report. Seven thousand four hundred fifty dollars ($7,450) in obsolete manuscripts and photos, and $1,919.35 in obsolete Emblem inventory were approved for write-off. Jimmy A. Luther was named agent-of-record for the health and life coverage of employees of The American Legion. Requests for 2011 furniture and fixtures in the amount of $97,950 were approved, as were $4,669 in emergency purchases made since the commission's last meeting. Authority was given to the National Headquarters Library to dispose of obsolete books. Harold D. Barnett of Georgia, Membership chairman, reported that DMS is on track for this time of year, and he expects to end up with 210,000 new DMS members as budgeted. The commission approved a recommendation that Crowe Howarth, LLP, certified public accountant, be employed to prepare The American Legion's 2010 fiscal year audit.

Proceedings of Wednesday, October 13, 2010 33 The commission recommends that 2011 dues be allocated as follows: Three dollars to The American Legion Magazine and $10.50 to the general fund. A request to participate financially in the Paralyzed Veterans of America Americana Gala was received and filed. Major General John Herrling, USA retired, brought the Commission up to date on the status of the National Museum of the United States Army. At the commission's May, 2010 meeting, Chairman Danilson appointed an ad hoc committee to review The American Legion's various insurance policies. Serving on that committee were Gaither Keener, Jr., chairman, John Monahan, vice chairman, and Ken Danilson, member. The committee authorized an insurance audit and inspection company to do a comprehensive audit of policies, and Daniel Free, President and General Counsel of the firm reported on their findings. With the conclusion of the insurance audit, Committee Chairman Keener moved that the ad hoc committee be dissolved, and this was approved. The Finance Commission asked the national adjutant to form a risk assessment group and report progress of same to each Finance Commission meeting going forward. The commission authorized a $5,000 sponsorship of the American Veterans Disabled For Life Memorial groundbreaking ceremony to be held November 10, 2010 in Washington, D.C. Finally, I would be remiss if I didn't mention the status of the budget. For 2010, we had approved a deficit of $450,000, but because of wise investments and prudent management, we were able to swing that to a $4.2 million surplus. The 2011 budget is based on a membership of 2.4 million members. We are projecting a surplus next year in excess of $1 million, possibly more, due to many fundraising and other programs we are putting into place. In conclusion, the Finance Commission recommends the NEC approve and adopt nine resolutions listed below. Mr. Commander, this concludes my report.

Report: Finance Commission October 13-14, 2010 Kenneth D. Danilson, Iowa, Chairman

The Finance Commission met Monday and Tuesday, October 11-12, 2010. All commission members were present. Also present were: Daniel S. Wheeler, National Adjutant; George A. Buskirk, Jr., National Treasurer; Jeffrey O. Brown, Executive Director, Marketing Services Group; Peter Gaytan, Washington Office Executive Director; Marty Justis, Indianapolis Office Executive Director; Shawn Long, Finance Director; George C. Lussier, Jr., Chairman, NEC Finance Liaison Committee; and Richard A. Heigert, Member, NEC Finance Liaison Committee. Several guests joined us throughout the course of the meeting. Reports were received from the National Adjutant; National Treasurer; Finance Director; National Judge Advocate; S. A. Van Dyk Insurance Company; the three national executive directors; The American Legion Magazine Commission; the Fundraising Division; the National Museum of the United States Army; the Insurance Audit & Inspection Co.; the Internal Affairs Commission; and the Membership & Post Activities Committee. Seven thousand four hundred fifty dollars ($7,450) in obsolete manuscripts and photos and $1,919.35 in obsolete Emblem inventory were approved for write-off. Jimmy A. Luther was named agent-of-record for the health and life coverage of employees of The American Legion. Requests for 2011 furniture & fixtures in the amount of $97,950 were approved, as were $4,669 in emergency purchases made since the commission’s last meeting.

34 Proceedings of Wednesday, October 13, 2010 Authority was given for the National Headquarters Library to dispose of obsolete books. Harold D. Barnett (GA), Membership Chairman, reported that DMS is on track for this time of year, and he expects to end up with 210,000 new DMS members, as budgeted. The commission approved a recommendation that Crowe Howarth LLP, certified public accountants, be employed to prepare The American Legion’s 2010 fiscal year audit. The commission recommends that 2011 dues be allocated as follows: $3 to The American Legion Magazine and $10.50 to the general fund. A request to participate financially in the Paralyzed Veterans of America Americana Gala was received and filed. MG John Herrling, USA Ret., brought the commission up to date on the status of the National Museum of the United States Army. At the commission’s May 2010 meeting, Chairman Danilson appointed an ad hoc committee to review The American Legion’s various insurance policies. Serving on that committee were Gaither Keener, chairman, John Monahan, vice chairman, and Ken Danilson, member. The committee authorized the Insurance Audit and Inspection Company to do a comprehensive audit of policies, and Daniel Free, President and General Counsel of the firm, reported on their findings. With the conclusion of the insurance audit, Committee Chairman Keener moved that the Ad Hoc Committee be dissolved. The Finance Commission asked the National Adjutant to form a risk assessment group and report progress of same to each Finance Commission meeting. The commission authorized a $5,000 sponsorship of the American Veterans Disabled for Life Memorial groundbreaking ceremony to be held November 10, 2010, in Washington, DC. Finally, I would be remiss if I didn’t mention the status of the budget. For 2010, we had approved a deficit of $450,000, but because of wise investments and prudent management, we were able to swing that to a $4.2 million surplus. The 2011 budget is based on a membership of 2,400,000. We are projecting a surplus next year in excess of $1 million – possibly more – due to fund raising and other programs.

Resolutions

And in conclusion, the Finance Commission recommends the NEC approve and adopt nine resolutions listed below. Copies of the resolutions accompany this report.

Resolution No. 1: Travel Policy for Call-Ins. Approves a change of travel reimbursement for call-ins in the interest of providing equitable reimbursement regardless of the mode of transportation chosen. This policy takes effect January 1, 2011. Resolution No. 2: 2011 Enhancements to NHQ Computing Environment. Authorizes The American Legion National Headquarters to acquire hardware, software and installation services to improve reliability and meet the present and foreseeable capacity needs of the National Headquarters computer environment at a cost not to exceed $493,467. Resolution No. 3: NEED A LIFT? Agreement. Authorizes The American Legion to enter into a one-year agreement with McGlinn & Associates for preparation of the 61st edition of NEED A LIFT?, not to exceed $15,000. Resolution No. 4: The College Board License Agreement. Authorizes The American Legion to enter into a one-year agreement with The College Board for preparation of the 61st edition of NEED A LIFT?, not to exceed $5,000.

Proceedings of Wednesday, October 13, 2010 35 Resolution No. 5: National Forensic League Sponsorship. Authorizes The American Legion to sponsor the National Forensic League’s high school speech and debate activities in the amount of $10,000. Resolution No. 6: The American Legion Conducts a Needs and Issues Survey of Women Veterans. Authorizes The American Legion to contract with Stratalys Research and Consulting to conduct a survey of women veterans for the purpose of identifying women veteran needs and issues at a cost not to exceed $40,000. Resolution No. 7: Agreement with the National Veterans Legal Services Program (NVLSP) – 2010-2011. Authorizes The American Legion to enter into an agreement with the NVLSP to provide court representation, two Department Service Officer training sessions, participation in a law internship program, and other services at a cost not to exceed $474,000. Resolution No. 8: Bequest (Estate of William E. Smith) to The American Legion. Authorizes the acceptance of a $10,000 bequest from the estate of William E. Smith for the purpose of national, regional and World Series American Legion Baseball tournaments. Resolution No. 9: Authorizing Withdrawal from Paid-Up-For-Life Membership Trust for Administrative Expenses. Authorizes the National Treasurer to withdraw 1.5 percent of the trust’s principal as of 8/31/10, or $386,169, to cover direct administrative costs of the plan.

Report: Insurance Committee October 12-13, 2010 Kevin Bartlett, Michigan, Chairman (Submitted through the National Finance Commission)

The Insurance Committee met in the Usinger Room at the Hilton Milwaukee City Center in Milwaukee, Wisconsin on Saturday, August 28, 2010. The following members were present: Kenneth Powell (Florida), Vice Chairman; Clark Pointer (Missouri); James Holland (South Carolina); Robert Lahiere (Tennessee); Anthony Riley (Indiana); Paul Dillard (Texas); Albert Coughlin (Illinois); and Neal Zimmer (Nebraska).

USAA

The agreement with USAA has been finalized. Promotion of this new relationship will begin with a soft launch at the end of November and a full rollout in January 2011. USAA will deliver their initial payment of $1,000,000.00 to The American Legion this December.

Union Fidelity

Union Fidelity 2010 royalty received thus far is $687,788.93 as compared to $510,145 from 2009.

Life Insurance Program

Mutual of Omaha dropped a 900,000 piece mailing in the spring of 2010 offering the Senior Whole Life plan which resulted in revenue to The American Legion of $98,373.65. A second mailing (763,000.00 pieces) is scheduled to drop on October 11th and will net an additional $87,745.00 for total revenue to The American Legion of 186,118.65 for 2010.

36 Proceedings of Wednesday, October 13, 2010 As previously reported Gallagher Benefit Services was terminated on December 17th, 2009. In accordance with the termination they are continuing to pay The American Legion for business placed during their tenure. The termination allowed GBS to keep their percentage of broker fees until March 31, 2010. To date we have received $85,108.47 for 2010.

NATIONAL COMMANDER FOSTER: Thank you. RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, motion to approve the report of the Finance Commission, with the exception of nine resolutions. There are no addendums. ...Second. NATIONAL COMMANDER FOSTER: You’ve heard the motion and second to approve the report of the Finance Commission. Any discussion? All in favor? Opposed? Motion carried.

Resolution No. 1: Travel Policy For Call-Ins Origin: Finance Commission Submitted by: Finance Commission WHEREAS, All persons, including but not limited to Past National Commanders, members of the National Executive Committee, Department Commanders, Department Adjutants and members of the commissions and committees, who are called-in by National Headquarters to attend and participate in meetings and functions of The American Legion receive reimbursement for travel and per diem; and WHEREAS, The National Finance Commission performs periodic review of reimbursements; and WHEREAS, It is the intent that reimbursements to authorized call-ins be equitable and fair to all; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That effective January 1, 2011, authorized reimbursement for official call-ins shall be as follows: 1) If travel is accomplished by air (or other commercial mode), reimbursement shall be a. Cost of airline round-trip ticket, not to exceed coach fare, from point of departure to destination (copy of ticket must be presented with expense voucher for reimbursement in lieu of reservation being made through the National Headquarters Convention and Meetings Office) b. Mileage at a rate established by the Finance Commission (currently 48.5 cents) per mile round trip from home to airport (or reimbursement of transportation thereto, with receipt) c. Reimbursement of airline baggage fees not to exceed amount established by the Finance Commission (currently two bags) d. Payment of one round trip cab/limo in the meeting city at the established rate for reimbursement from airport to meeting location, and e. $100 “travel per diem” for any person called-in to a national meeting irrespective of the mode of travel 2) If travel is accomplished by automobile, reimbursement shall be a. The lesser of: i. Mileage at a rate established by the Finance Commission (currently 48.5 cents) per mile round trip from point of departure to destination, or

Proceedings of Wednesday, October 13, 2010 37 ii. “Substitute airfare” at a rate established by the Finance Commission (current rate $500.00) b. $50 to offset the cost of parking, and c. $100 “travel per diem” for any person called-in to a national meeting irrespective of the mode of travel 3) Per Diem reimbursement allowed, subject to redetermination by the National Executive Committee as circumstances from time to time warrant a. Per diem reimbursement for number of days authorized shall be at the rate of: i. $150.00 for meetings held in Washington, DC ii. $120.00 for the National Convention city and iii. $100.00 for all other cities; and, be it finally RESOLVED, That the National Finance Commission shall have authority to change the above rates at such times as it deems necessary, provided that such changes shall be reported to the National Executive Committee at its next scheduled meeting following the action of the National Finance Commission.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This resolution has the approval of your Finance Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. ...Second. NATIONAL COMMANDER FOSTER: You’ve heard the motion and second. Any discussion? All in favor? Opposed? Motion carried.

Resolution No. 2: 2011 Enhancements to NHQ Computing 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 proposed products that will accomplish these needed enhancements and has recommended approval by the National Executive Committee; now, therefore, be it RESOLVED, By the National Executive Committee in a regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That The American Legion National Headquarters acquire at a purchase price not to exceed $493,467 (or enter into leases where it is determined more prudent to do so) the necessary hardware, software and installation services to improve the reliability and to meet the present and foreseeable capacity needs of the National Headquarters computing 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 to same.

38 Proceedings of Wednesday, October 13, 2010 RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of your Finance Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. ...Second. NATIONAL COMMANDER FOSTER: You’ve heard the motion and second. Any discussion? All in favor? Opposed? Motion carried.

Resolution No. 3: Need A Lift? Agreement Origin: Americanism Commission Submitted by: Finance Commission WHEREAS, McGlinn & Associates, Nokesville, Virginia updated the scholarship information in The American Legion’s financial aid guide NEED A LIFT? For the 60th 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 61st edition; and WHEREAS, This resolution has been reviewed by the National Americanism Commission and with concurrence from the National Finance Commission recommended to the National Executive Committee for favorable action; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, 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 61st edition of The American Legion’s financial aid guide NEED A LIFT?; and, be it further RESOLVED, That the terms of said agreement will not exceed $15,000; 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.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of your Americanism Commission, your Finance Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. ...Second. NATIONAL COMMANDER FOSTER: You’ve heard the motion and second. Any discussion? All in favor? Opposed? Motion carried.

Resolution No. 4: The College Board License Agreement Origin: Americanism Commission Submitted by: Finance Commission WHEREAS, The College Board, New York, New York provided its data for the “college profile” section of NEED A LIFT? For the 60th 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 61st edition; and

Proceedings of Wednesday, October 13, 2010 39 WHEREAS, This resolution has been reviewed by the National Americanism Commission and with concurrence from the National Finance Commission recommended to the National Executive Committee for favorable action; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, 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 61st edition of The American Legion’s financial aid guide NEED A LIFT?; and, be it further RESOLVED, That The American Legion will provide The College Board one page of advertisement in the guide NEED A LIFT? of equal value to the data provided for the college profile section of NEED A LIFT?, not to exceed $5,000; 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 No. 5: National Forensic League Sponsorship Origin: Americanism Commission Submitted by: Finance Commission WHEREAS, The National Forensic League has a vibrant eighty-five year tradition as the premier high school speech and debate organization in the United States; and WHEREAS, The National Forensic League is 501(c)3 not-for-profit honorary society created to recognize high school students in speech and debate; and WHEREAS, The American Legion High School Oratorical Contest “A Constitutional Speech Contest” and the National Forensic League share the same vision that every participant will be empowered to become an effective communicator, ethical individual, critical thinker, and leader in a democratic society; and WHEREAS, The National Forensic League recognizes that The American Legion is an organization whose mission, promotes advanced citizenry and service, is directly aligned with the goals and mission of the National Forensic League; and WHEREAS, In 2009, more than 112,000 high school and middle school students, representing more than 2,800 high schools and nearly 100 middle schools nationwide, built their communication, leadership, cognitive, and presentational skills as members of the National Forensic League; and WHEREAS, Throughout its eighty-five years, the National Forensic League has consistently provided outstanding infrastructure and support services for high school speech and debate programs and support for other organizations and contests that promote forensics activities; and WHEREAS, The National Forensic League annually hosts the largest forensics competition in the world, the National Forensic League National Speech Tournament, in which approximately 3,500 high school students from over 900 high schools qualify and attend this most prestigious event; and

40 Proceedings of Wednesday, October 13, 2010 WHEREAS, The National Forensic League provides unique event and award sponsorship opportunities as well as support programs to those entities that wish to receive higher levels of exposure to America’s top forensics students and the 2,000 coaches and judges that accompany them; and WHEREAS, The National Forensic League has proposed that The American Legion be a national sponsor of National Forensic League high school speech and debate activities in the amount of $10,000, in which the National Forensic League is prepared to: a. Provide targeted promotion of The American Legion High School Oratorical Contest “A Constitutional Speech Contest” in five to seven departments selected by The American Legion by creating a system of event promotion and participation that has the potential to increase local level participation exponentially, b. Award the three national finalists in The American Legion High School Oratorical Contest “A Constitutional Speech Contest” with qualification to the 2011 National Forensic League National Speech Tournament, c. Complimentary National Tournament vending booth space for the entire week of the 2011 and 2012 National Tournaments, d. Offer sponsorship recognition in all electronic and printed publications; and WHEREAS, This resolution has been reviewed by the National Americanism Commission and with concurrence from the National Finance Commission recommended to the National Executive Committee for favorable action; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That The American Legion is hereby authorized to enter into an agreement to be a national sponsor of The National Forensic League in the amount of $10,000 for the period of 2011 – 2012; and, be it finally RESOLVED, That when the agreement has been drafted and finalized, 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 VICE CHAIRMAN WARNKEN: This has the approval of the Americanism Commission, the Finance Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. ...Second. NATIONAL COMMANDER FOSTER: You’ve heard the motion and second. Any discussion? All in favor? Opposed? Motion carried.

Resolution No. 6: The American Legion Conducts A Needs And Issues Survey Of Women Veterans Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Finance Commission WHEREAS, The American Legion is an organization of wartime veterans who have dedicated themselves to the service of the community, state and nation; and WHEREAS, Currently, there are over 1.8 million women veterans, of which 453,250 are enrolled in the Department of Veterans Affairs (VA) health care system; and WHEREAS, At this time women veterans do not feel they are properly represented by veteran service organizations; and WHEREAS, The American Legion is by charter dedicated to assist all veterans regardless of sex, age, or race; and WHEREAS, At the February 2010 Veteran’s Planning Coordination Committee (VPCC) meeting held in Washington DC, it was determined by the National Commander, Past National Commanders, and appointees to the committee that The American Legion

Proceedings of Wednesday, October 13, 2010 41 must improve its situational awareness of women veteran issues in order to better carry out our sacred duty to assist all veterans; and WHEREAS, The National Staff at the direction of the VPCC identified a list of consultants specializing in surveying veterans; and WHEREAS, Stratalys Research and Consulting submitted a proposal for several types of surveys, the final make up of which to be approved by The American Legion National Headquarters; 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 Stratalys Research and Consulting; now, therefore, be it RESOLVED, By The National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That The American Legion contract with Stratalys Research and Consulting to conduct a survey of women veterans for the purpose of identifying women veteran needs and issues in order to enhance The American Legion assistance to women veterans; and, be if finally RESOLVED, That the cost of the survey shall not exceed $40,000.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of the National Veterans Affairs and Rehabilitation Commission, the National Finance Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. ...Second. NATIONAL COMMANDER FOSTER: You’ve heard the motion and second. Any discussion? All in favor? Opposed? Motion carried.

Resolution No. 7: Agreement With The National Veterans Legal Services Program (NVLSP)-2010-2011 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 13-14, 2010, That The American Legion enter into an agreement, contract, or memorandum of understanding with the National Veterans Legal Services Program (NVLSP) to provide The American Legion court representation on cases of precedential nature, at least two (2) national training sessions annually for Department Service Officers and others, participation in The American Legion/NVLSP Law Internship Program, updates and revisions of printed matter, appropriate copies of advocacy

42 Proceedings of Wednesday, October 13, 2010 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 Seventy Four Thousand and Zero Dollars and 00/100 ($474,000); 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 VICE CHAIRMAN WARNKEN: This has the approval of your National Veterans Affairs and Rehabilitation Commission, your National Finance Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. ...Second. NATIONAL COMMANDER FOSTER: You’ve heard the motion and second. Any discussion? All in favor? Opposed? Motion carried.

Resolution No. 8: Bequest (Estate Of William E. Smith) To The American Legion Origin: Internal Affairs Commission Submitted by: Finance Commission WHEREAS, The Estate of William E. Smith, deceased, provided $10,000 to be used by The American Legion for National Regional and World Series Baseball tournaments that he was given the opportunity to officiate from 1964-1977; now, therefore, be it; RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, October 13-14, 2010, That the National Organization is hereby authorized to accept the bequest in the amount of $10,000 from the Estate of William E. Smith for the purpose of National Regional and World Series American Legion Baseball tournaments.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of your Internal Affairs Commission, your Finance Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. ...Second. NATIONAL COMMANDER FOSTER: You’ve heard the motion and second. Any discussion? All in favor? Opposed? Motion carried.

Resolution No. 9: 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 August 31, 2010, the market value of the Trust after payment of 2010 per capita to National Departments and Posts was $25,744,580 and 1.5% of principal is $386,169; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, October 13-14, 2010, That the National Treasurer is authorized to withdraw from the Paid-Up-For-Life

Proceedings of Wednesday, October 13, 2010 43 Membership Trust the amount of $386,169, which is 1.5% of the principal as of August 31, 2010, the principal being the current market value of the assets of the Trust as reported by the trustee plus any cash receipts being held by National Headquarters on that date for transfer to the Trust; and, be it finally RESOLVED, That any sums remaining unspent for administrative costs from the withdrawal herein authorized shall revert to the Trust on January 1, 2011.

Report of the 2010 National Convention Wayne W. Jensen, President Legion Convention Corporation of Wisconsin

Good morning ladies and gentlemen. Mr. Commander, following are anecdotes from the National American Legion Convention held in Milwaukee, Wisconsin this past August 27th through September 2nd. At the onset of this endeavor, I attempted to establish a 501(c)(3) nonprofit organization, which the IRS denied. This made seeking sponsorships almost negligible in this country's economic downturn. Approximately 150 letters of request were mailed, of which I only achieved success with three companies. The single most important project I personally had to accomplish was to ensure the corporation was comprised of highly qualified individuals, most specifically the Parade Chairman Billy Hacker; Distinguished Guest Chairman Charles Wessler; Badges and Packets Chairman Jim Schmidt, and Information and Registration was Chairman Bill Singer. Of equal importance was the relationship between the national organization and the corporation. There is no doubt Mr. Richard "Dick" Holmes is the maestro of this orchestra. He is the superb orchestra leader who kept all informed. There was never a question that didn't get answered spontaneously and accurately. Issues were dealt with long before they became problems. Keeping within the parameters of the corporation was a little difficult at times, due largely to the exuberance of the volunteers. However, strong leadership, patience and communication accomplished that task for the most part. The goal of this cooperation was to stay one step ahead of national at all turns. Anticipating needs to stay on point. We felt causing Mr. Holmes to rein us in was far better than having him fret about whether the tasks were being accomplished. Best example of this was in a conversation I had with his staff people, Ellen Conley and Marti Wooden following the national parade where they complimented us and they said you must being doing something right. In past national parades, Mr. Holmes was out running helter-skelter trying to maintain control of things. This parade he actually had two hours to spend at the reviewing stand. And that was a compliment to us. Room for improvement in 2020. And yes, I'm deliberately being presumptuous when I say 2020. Registration and Information Committee. We suggest attempting to use younger volunteers, and ensure they have a comprehensive knowledge of how to navigate the books supplied by national. Although the chairman was briefed on how to do this, the incoming shift was never taught. The books need to be updated daily as the changes in

44 Proceedings of Wednesday, October 13, 2010 room assignments and other pertinent data. It is encouraged that the books be color-coded identically, and never use pocket dividers. Regarding the Badges and Packets Committee, this was run extremely efficiently. Everything was well organized with dates and times announced well in advance. Coordination with national was excellent. Again, the only drawback was the amount of time necessity, coupled with the age of the volunteers. This was not a significant issue due to the positive attitudes of all involved. It was just tedious. The Parade Committee showed that even with the high degree of preparation, glitches are just a part of the game. With the high volume of participants, geographical obstacles, and the human element, the most one can hope for is patient leaders to sort out the chaos. We were blessed with that. Given the last several National Convention parades, it is apparent involvement at the leadership level must include individuals with law enforcement experience, or at least crowd control experience. Decisions must be made spontaneously and without a panic mode. Due to the extremely high volume of projects this venture entails, I could easily envision a National Convention subcommittee tasked to establish each parade, as adverse to relying only untested locals who may or may not be qualified to navigate the bureaucratic maze to acquire permanence or cut through red tape, et cetera. The distinguished guests area was well maintained. A live feed of the general sessions was well received and kept guests entertained. One issue that arose was individuals picking up packets for the distinguished guests without their knowledge. This had more to do with Distinguished Guests Committees than with the general sessions themselves. We suggest a combined registration form and master distinguished guest list with a signature block to show who procures the packet. Kudos to Mary Rooney for sorting out this snafu. There were 41 distinguished guest packets and 44 credentials which were never picked up. Although a strong advocate of The American Legion family, we urge our counterparts to keep separate the Legion Auxiliary and Legion activities. Too much time was spent attempting to assuage the department auxiliary for the way their national staff was doing things. In particular, the Legion should never procure the drivers for the auxiliary president or secretary. I learned a very important lesson by getting caught up in their affairs. (Laughter) On a positive note it did allow me to appreciate how our national staff interacts with the corporation. Regarding finances, and incidentally, what I'm going to report here, the hotel rebates and registrations are approximations pending actual room nights and actual registrants. Income total thus far, $51,657. Pending are approximately $34,200 in hotel rebates. And $38,268 in department registrations. Total pending, $72,468. For a grand total of $124,125. Disbursements totaled $34,227 thus far. And there is pending approximately $1,300, round figures. When all is said and done, I'm anticipating a net profit for the Department of Wisconsin of $68,538. In conclusion, I would like to thank the national staff, the Department of Wisconsin for having faith and trust in me to perform these duties. And the one hundred plus volunteers for obtaining the goal of making our Convention better than the 2000 Convention. We strive to set the standard for success of conventions, and our true measure of success will be if you see the Department of Wisconsin back here in 2020. I thank you for your time, and I hope all of you had a wonderful time in Milwaukee. Thank you very much. (Applause) RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Commander, motion to receive and file the report of the 2010 National American Legion Corporation of Wisconsin. ...Second. NATIONAL COMMANDER FOSTER: You’ve heard the motion and second to receive and file the report. Any discussion? All in favor? Opposed? Motion carried.

Proceedings of Wednesday, October 13, 2010 45 Thank you, Wayne. I now call on Michael E. Walton from Illinois, chairman of the Convention Commission.

Oral Report: National Convention Commission Michael E. Walton (IL), Chairman

Good morning Commander Jimmie and members of the NEC. Although you do have written report in your packet, I would like to touch on some of the highlights of our meetings. You just heard from President Wayne Jensen regarding the Milwaukee Convention which was August 27th through September the 2nd, which we believe, and I think you'll probably agree was really a huge success. You can tell by his report that it appears that Wisconsin is going to make a few dollars on that Convention. We also heard from Jim Copher, President of the 2011 National Convention Corporation. He gave a preliminary report regarding us going to Minneapolis August 26th through September 1st of 2011. I would like to brief you on the 2016 process. We had originally received five resolutions of support. These five cities had to have their RFPs, which RFP to us means request for proposal to our convention and meetings office by September 30th of this year. Four of the cities withdrew prior to that date with reasons of their own. That left us one city that was going to be in the bidding process for 2016. We as a commission felt this would not be beneficial for The American Legion. Therefore, after discussion with the leadership of our organization, I informed Director Dick and Deputy Director Bridget, to reopen the 2016 bidding process. An e-mail was sent to the departments of The American Legion soliciting additional cities for 2016, and letters of intent from those departments had to be to the Convention and Meetings office on or before October the 8th. We received four additional letters of intent from the following cities for 2016: Columbus, Ohio; Detroit, Michigan; Los Angeles, California and Richmond, Virginia. Those four cities will join Cincinnati, Ohio in the 2016 bidding process. Appropriate resolutions from those departments must be submitted to national headquarters by the respective department after their next DEC Meeting. Also, all five of those cities must have their completed RFPs, or again, request for proposals, to the Convention and Meetings office on or before January 3rd of 2011 to continue to be in that 2016 bidding process. On another note, Mr. David Priester, who is an SAL member from Virginia, was reappointed as chief judge of contests. And Mr. Priester, I'm happy to inform you, has accepted this appointment. We look forward to our continued professional involvement with Mr. Priester and those contest judges because they've been doing an outstanding job. Mr. Commander and members of the NEC that concludes my report. I would like to thank you for allowing me to serve.

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

Chairman Michael E. Walton, Illinois, at 9:00AM, October 11, 2010, called the meeting to order. Roll call was taken with all members either excused or present. Wayne Jensen, President, the 2010 American Legion National Convention Committee, gave a preliminary report on the 2010 National Convention in Milwaukee, Wisconsin. Mr. Jensen thanked the National Convention Commission for their support and reported that, in his opinion, the 2010 National Convention appeared to be a huge success. He reported that all known invoices had been received and paid and some registration income had been received. Three of the convention hotels had paid their rebates as of the Fall Meetings. Mr. Jensen will provide a final report at the 2011 Spring

46 Proceedings of Wednesday, October 13, 2010 Meeting, but he anticipates a profit of approximately $68,000.00 of which one half would be shared with the National Organization. Chairman Walton thanked Mr. Jensen and his many volunteers for conducting the 2010 National Convention. James Copher, President, The American Legion National Convention Corporation of Minnesota, gave a report on the planning process for the 2011 National Convention in Minneapolis, Minnesota August 26 September 1, 2011. Planning for the 93rd National Convention of The American Legion is on schedule. The headquarters hotel for The American Legion and Sons of the American Legion will be the Minneapolis Hilton with the Hyatt Regency Minneapolis serving as the overflow headquarters hotel. The headquarters hotel for the American Legion Auxiliary will be the Hyatt Regency Minneapolis. Mr. Copher informed the National Convention Commission the most likely parade route would be East on Nicolet Mall concluding at the Minneapolis Convention Center. Chairman Walton, Convention Corporation personnel, the convention and meeting planning staff and our Convention technical companies will conduct a site visit to Minneapolis, Minnesota December 13 - 15, 2010. Further details will be provided as they become available. A total of five cities have the support of their respective Department of The American Legion to host the 2016 National Convention of The American Legion; Cincinnati, Ohio; Columbus Ohio; Detroit, Michigan; Los Angeles, California and Richmond, Virginia. Site visits to each city will be conducted during the January to April 2011 time frame and each city may be invited to make a formal presentation to the National Convention Commission at the 2011 Spring Meeting on Monday, May 2, 2011. A competitive bidding process is a significant benefit to American Legion Family members desiring to attend the 2016 National Convention or any future National Convention. National Convention Commission members reported on their assignments during the 2010 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. Wayne Jensen, President of the 2010 Convention Corporation for the support provided to the convention by The American Legion family of Wisconsin. The National Convention Commission appointed a Chief Judge of Contests to serve through the 2011 Fall Meetings. The Chief Judge of Contests for 2010 2011 is Mr. David Priester (SAL Virginia). Mr. Priester has informed the Commission that he proudly accepts the appointment to serve as the Chief Judge of Contests for The American Legion.

Dates for future National Conventions are: Minneapolis, Minnesota August 26 - September 1, 2011 Indianapolis, Indiana August 24 - 30, 2012 Houston, Texas August 23 - 29, 2013 Charlotte, North Carolina August 22 - 28, 2014 Baltimore, Maryland August 28 - September 3, 2015

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, I move the report be received and filed with the exception of one addendum. ...Second. NATIONAL COMMANDER FOSTER: You’ve heard the motion and second. Any discussion? All in favor? Opposed? Motion carried. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, attached to this report is Addendum A. I move the action of the National Convention Commission become the action of the National Executive Committee. ...Second.

Proceedings of Wednesday, October 13, 2010 47 NATIONAL COMMANDER FOSTER: You’ve heard the motion and second. Any discussion? All in favor? Opposed? Motion carried.

Addendum A: Resolutions Not Approved

Received and Recorded Resolution No. 230 (OH) (2010 Natl. Conv.): City of Cincinnati Offers to Host the 2016 National Convention Resolution No. 244 (MI) (2010 Natl. Conv.): City of Detroit Offers to Host the 2017 National Convention

NATIONAL COMMANDER FOSTER: Thank you Mike. Good job. I now call on Dennis J. Henkemeyer from Minnesota, for the report of The American Legion Magazine.

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

Thank you. Commander Foster, national officers, members of the National Executive Committee, Legionnaires one and all. You have my written report, so I will be brief and share just some of the highlights of the present state of The American Legion Magazine Division. First off, the division is now 11 months into its administration of The American Legion website. I am pleased to report that in 10 out of those 11 months the site has grown in audience numbers. The all time high came just this year in August when the site had 404,055 visits by a total of 253,011 unique visitors. The only month of declining traffic came in September, which is understandable given all of the activity in August, such as The American Legion Baseball World Series, the Legacy Run, and of course our National Convention, just to name a few. The American Legion Online Update e-newsletter now has more than 235,000 subscribers. The American Legion Baseball Dugout e-newsletter has more than 4,000 subscribers. The Online Update’s Facebook page has nearly 15,000 fans. The national commander's Facebook page and website landing page are growing fast as well. The myLegion.org social network already has nearly 4,000 participants and nearly 2,000 posts. Traffic from the Legion website has driven an estimated $515,000 in online sales for the Emblem Sales Division. Along with these electronic media developments, the print publications remain solid despite a difficult economy. Magazine advertising is down a bit with 10 months of sales recorded. But carefully managed page count has controlled costs such that the division is poised to return a budget surplus of approximately $800,000 by the end of this year. Mr. Commander, members of the NEC, I also would like to add that The American Legion Magazine Commission was referred one resolution from the National Convention, Resolution No. 200: Magazine Delivery In Foreign Departments to address a longstanding problem with magazine delivery to Latin America. Currently, there are 539 subscriptions of the magazine sent to Latin American addresses, most of which go to Mexico. We're working with membership database staff to find a remedy to intermittent delivery. We are tracking a sample of issues to see why they are not arriving. We will also begin collecting individual addresses for those members who are supposed to be receiving the magazine in Latin America, but are not. Mr. Commander, members of the NEC, this concludes my report, and I want to thank all of you for your continued support.

48 Proceedings of Wednesday, October 13, 2010 Report: The American Legion Magazine Commission October 13, 2010 Dennis J. Henkemeyer, Minnesota, Chairman

The American Legion Magazine Division is nearing the completion of its first full year of responsibility for the organization's fast-changing electronic media presence. Over the last 11 months, visitation to the National Headquarters Web site has grown to an all-time high of 404,055 visits by 253,011 unique visitors in August. Over the last year, the division has evolved from a producer of monthly publications to a multi-media news and information source that includes the Web site, The American Legion Online Update (now with more than 235,000 subscribers), The Dugout e- newsletter for American Legion Baseball, the Dispatch monthly newspaper, social media channels like Facebook and Twitter and the blog site The Burnpit. The flagship of the division, however, remains The American Legion Magazine. At a time of extraordinary difficulty for print publications in a down economy, the Legion magazine continues to outperform the industry. The magazine, although expected to finish the year about $350,000 below budget in advertising sales, is poised to return a surplus of about $800,000 at the end of the year. Many factors play into the division's ability to return a surplus at a time of uncertainty and change in the media. This year, for instance, an expected increase in postage cost attached to the Consumer Price Index did not materialize in May, due to flat inflation in the U.S. economy. The division also published 32 pages fewer than budgeted through 10 issues, which kept printing, paper and distribution costs below expectations. A change in the magazine's body stock also reduced cost this year while at the same time improving quality. As the magazine has continued to hold its ground, electronic media have taken off in 2010. Advertising sales onto the American Legion Online Update e-newsletter will finish the year ahead of budget, and sales onto the Web site will nearly achieve budget at the end of the year. This is the first year The American Legion has sold advertising into its electronic media, so a track record has yet to be fully established. Another way the Legion's electronic media program helps the organization financially is through referrals to Emblem Sales. Those referrals and purchases made from them are now being calculated to establish a baseline performance measurement. Through eight months of tracking these sales, the Web site is credited for referring more than $515,000 in business to Emblem Sales. Approximately 25 percent of all online traffic to the Emblem Sales website is coming through Legion.org. As the division has evolved, so too has its approach to coverage of American Legion news and events. An excellent example is the coverage of The 92nd Annual American Legion National Convention in Milwaukee, when more than 30 unique stories, hundreds of photographs, eight independent videos, and blog postings on three different sites, along with real-time delivery of information on Face book and Twitter, brought unprecedented attention to the organization and its values. The American Legion Magazine Division is truly establishing itself as a vital clearing house of information for the nation's largest veterans’ organization. On behalf of The American Legion Magazine Commission, I extend my gratitude for the support of the National Executive Committee.

Addendum A: Resolutions Not Approved Disposed of Administratively

Resolution No. 200 (MX) (2010 Natl. Conv.): Magazine Delivery in Foreign Departments

Proceedings of Wednesday, October 13, 2010 49 RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, motion to receive and file the report. There are no resolutions and one addendum. …Second. NATIONAL COMMANDER FOSTER: You’ve heard the motion and second to receive and file the report. Any discussion? All in favor? Opposed? Motion carried. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, attached to the report is Addendum A I would like to make a motion that the action of The American Legion Magazine Commission become the action of the National Executive Committee. …Second. NATIONAL COMMANDER FOSTER: You’ve heard the motion and second to receive and file the report. Any discussion? All in favor? Opposed? Motion carried. Thank you, Dennis. At this time I call on Randall Fisher from Kentucky for the Economic Commission report.

Oral Report: Economic Commission Randall A. Fisher (KY), Chairman

Commander, head table, NEC, Legionnaires and guests. The National Economic Commission met at the Sheraton, October 11-12, Indianapolis, Indiana for the purpose of considering the matters that had previously been referred for study, and discuss a range of other current matters. The Economic Commission considered nine resolutions. One was referred from the 2009 National Convention; five resolutions were referred from the 2010 National Convention, and three from the National Economic Commission. One is holding for further study; two were disposed of administratively, and six resolutions were forwarded to the National Executive Committee for approval from the National Economic Commission. The big discussion in the commission was unemployment or employment for our veterans. The current rate of unemployment in the United States is 9.6 percent according to the Bureau of Labor Statistics. The unemployment rate for Iraqi and Afghanistan veterans is 10.2 percent. Nearly 20 percent of those veterans are between the ages of 20 and 24. The total number of unemployed veterans from the two wars is about 215,000. One out of four veterans who do find employment earns less than $25,000 per year. In total, 1.5 million veterans, 6.3 percent, had incomes below the federal poverty level, according to a 2005 congressional analysis. VA hiring practices: significant hurdles to veterans' employment in the Department of Veterans Affairs exist despite veterans’ preference laws, including deficiencies in Federal agency human resource departments and the lack of adequate information on the part of veterans about how to obtain Federal employment. The American Legion has identified the complicated hiring process by VA and is seeking reform in that process. If a veteran decides or desires to apply within the VA facility, he or she has to go to a website, usajobs.com. The usajobs.com website offers a confusing and multilayered application process that requires questionnaires, essay style answers and a list of knowledge, skills, and abilities that affect the overall rating of the application. The American Legion believes that it is imperative that a veteran-centric website be developed to assist veterans in reaching employers and assist veterans’ employers and also reach qualified veterans. The website would provide a one-stop system of jobs for veterans. Furthermore, The American Legion recommends that this new website be under the jurisdiction of the Department of Labor, Veteran Employment and Training Service. Furthermore, based on low hiring rates and reported incidents concerning veterans employment within numerous VA regional offices, The American Legion strongly

50 Proceedings of Wednesday, October 13, 2010 supports VA enacting affirmative action plans to increase the percentage of veterans employed by the agency from 30 to 50 percent by fiscal year 2012. In addition, The American Legion recommends that VA make meeting this 50 percent hiring requirement a part of each Veterans Integrated Service Network director's performance evaluation. This would be included in the VISN director's evaluation that he meets this requirement. Executive Order 13518, The Veteran Hiring Initiative enhances the recruitment and promotes employment opportunities for veterans within the executive branch of the Federal government. Simply, the mission of this initiative is increasing the employment of veterans in the Federal system. Approximately 482,000 veterans are employed today in Federal agencies across the country and around the world. Veterans comprise more than one out of every four Federal workers, however, a tremendous amount of work still remains to be done. For example, nearly 80 percent of veterans are employed by only three departments: Department of Defense, Veterans’ Affairs, and Homeland Security. The Federal government must advise and train veterans to attain positions within other agencies. The American Legion has pushed past and present administrations to focus more on outreach, recruitment, training and hiring of qualified veterans, as well as the recognition of veterans preference in hiring. The American Legion's diligence has been an impetus behind this new hiring initiative. The mission of the President's Hiring Initiative is to increase the employment of veterans in the Federal government. No mission is more important at this time in our history, given the nation's involvement in two wars and the uncertain economic situation, thus enabling America's veterans to have a seamless transition from military service to the civilian workforce. The American Legion staff will continue to carry the message of the membership to Congress and to hold the administration accountable for improved and measurable results. 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 your support and involvement. I would also like to thank 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 this past year. Mr. Commander, that concludes my report.

Report: Economic Commission October 13-14, 2010 Randall A. Fisher, Kentucky, Chairman

The National Economic Commission met on October 11-12, 2010, 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: Randall A. Fisher (KY), Chairman. Present at the meeting were: Albert M. Robotti (NJ); Paul G. Diefenbach, II (NV); Edward Bertrand (NY); Richard W. Neville (NC); William Christoffersen (UT); and Neal L. Thomas, Jr. (CO). Also in attendance were: Joseph C. Sharpe, Jr. (MD), Director for Economic and Mark Walker (DC), Deputy Director for Economic.

Proceedings of Wednesday, October 13, 2010 51 Matters Received, Considered and Acted Upon by The Commission:

RESOLUTIONS

Your Subcommittee considered Nine (9) resolutions. One (1) was referred from 2009 National Convention, five (5) were referred from 2010 National Convention and three (3) from the Economic Committee. One (1) holding for further study, Two (2) disposed of administratively and Six (6) resolutions were forwarded to the National Executive Committee for approval:

Res. 10 2010 Natl. Conv. Support the Rollover of IRA Accounts without Penalty or Tax Liability of a Permanent and Total 100 Percent Service-Disabled Veteran with Individual Unemployability

Res. 222 2010 Natl. Conv. Reauthorize and Fund Veterans Affairs Small Business Loan Program

Res 329 2010 Natl. Conv. Support and Strengthen the Service Members Civil Relief Act

(Origin: Economic Commission) Support Funding for Additional Housing for Homeless Veterans with Families

(Origin: Economic Commission) Support Veterans Hiring Initiative in the Department of Veterans Affairs

(Origin: Economic Commission) Support a Veteran-Centric Website for Employment

The Commission then discussed the following issues:

Licensing and Certification

There have been estimates that approximately 60 percent of the workforce will retire by 2020 and competent, educated, and capable individuals must replace the workforce in order to ensure 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, consciousness of health and safety standards, and the ability to triumph over adversity. DOD provides some of the best vocational training in the nation for its military personnel and establishes measures and evaluates performance standards for every

52 Proceedings of Wednesday, October 13, 2010 occupation within the Armed Forces. There are many occupational career fields in the Armed Forces that easily translate to a civilian counterpart in the civilian workforce that require a license or certification. In the Armed Forces, these unique occupations are performed to approve military standards that may meet or exceed the civilian license or certification criteria. Upon separation, however, many service members, certified as proficient in their military occupational career, are not licensed or certified to perform the comparable job in the civilian workforce, thus hindering chances for immediate civilian employment and delaying career advancement. This situation creates an artificial barrier to employment upon separation from military service. A study by the Presidential Commission on Servicemembers’ and Veterans’ Transition Assistance identified a total of 105 military professions where civilian credentialing is required. Military Occupation Specialties (MOS) or ratings such as motor transport, corpsman or medic, need to undergo additional training, once out of the service, to work in their career path. This process slows down the veteran in obtaining gainful employment. The American Legion supports efforts to eliminate employment barriers that impede the transfer of military job skills to the civilian labor market. We also support efforts that require DOD to take appropriate steps to ensure that service members be trained, tested, evaluated and issued any licensure or certification that may be required in the civilian workforce prior to separation. The American Legion supports efforts to increase the civilian labor market’s acceptance of the occupational training provided by the military.

Small Business

The American Legion views small business as the backbone of the American economy. It is the mobilizing force behind America’s past economic growth and will continue to be a major factor as we move through the current recession. Reports show that businesses with fewer than 20 employees account for 90 percent of all U.S. firms and are responsible for more than 75 percent of all new jobs, generated $993 billion in income in 2006, and employ 58.6 million people. There are 27 million small businesses in the U.S. and 99.7 percent of all firms are small businesses.

In-sourcing

The American Legion is concerned about the Administration’s direction toward in- sourcing and how that is affecting small business. The Office of Federal Procurement Policy issued a proposed policy letter in March that defines functions that are “inherently governmental” and therefore should be performed by Federal employees. It also calls for Federal agencies to give special consideration to using Federal employees for functions that are closely associated with inherently governmental functions, and it asks agencies to make sure they have enough employees in-house to manage functions that are critical to the agency’s operations and mission. The American Legion believes the push to in-source thousands of contractor positions could have severe repercussions for small businesses, particularly veteran and service-disabled owned businesses, across the nation and force small businesses to scale back positions or go out-of-business.

Non Competitive Contracts

The American Legion concurs with National Veteran Owned Business Association’s assessment in their statement submitted for the “Status on Veteran Small Businesses” hearing regarding the White House announcement that executive agencies shall not

Proceedings of Wednesday, October 13, 2010 53 engage in noncompetitive contracts. The press release makes no distinction between the billions of dollars awarded to large businesses such as KBR and Halliburton or the critically important sole source awards to productive and efficient small businesses under the SDVOSB, HUB Zone, or 8(a) programs. Specific guidance needs to be provided to contracting officers as to whether the administration is restricting the use of legitimate contracting mechanisms to support the nation’s small businesses, or to restrict multi- billion dollar non-competitive awards to large prime contractors. The American Legion also agrees that pressures being exerted on the Federal contracting community will probably result in greater use of the General Services Administration’s (GSAs) Federal Supply Schedule Program, and while this program holds a higher contracting preference compared to the small business programs, it unfortunately does not allow set-asides for any small business group. The American Legion agrees that expanded use of this program will further diminish opportunities for small businesses, especially small businesses owned by veterans. Therefore, The American Legion recommends:

• Service-disabled, veteran-owned small businesses set-asides should be allowed under the Federal Supply Schedule Program. Currently, GSA schedules are exempt from FAR part 19. Without this change SDVOSB will be limited in their quest for small business opportunities to compete for Federal contracts. • Implementation of a coordinated, standardized training program for procurement staff that focuses on SDVOSB procurement strategies in their respective agency. • President Obama should reissue Executive Order 13360 “Providing Opportunities for Service-Disabled Veteran Businesses” to increase Federal Contracting and Subcontracting opportunities for veterans, and require that its tenets be incorporated into SBA Regulations and Standard Operating Procedures. • The SBA needs to emphasize Executive Order 13360 and establish it as a procurement priority across the Federal sector. Federal agencies need to be held accountable by the SBA for implementing the Executive Order and the SBA needs to establish a means to monitor agencies progress and where appropriate, establish a report to identify those that are not in compliance, and pursue ongoing follow-up. • In order to achieve the mandates of Executive Order 13360, the SBA must assist Federal agencies to develop a strategic plan that is quantifiable, and will assist them in establishing realistic reporting criteria. • The American Legion also recommends that the House Small Business Committee embrace and promote development of stronger policy and legislative language that champions the utilization of Veteran-Owned Small Business (VOSB) Joint-Venturing (JV) as a ready solution to the Small Business Spending requirements of the Stimulus Spending initiative. • Hold the agency leadership responsible for meeting the 3 percent congressionally mandated goal. We recommend the Committee schedule a hearing with all Federal agencies who consistently do not meet their Federal procurement goals with SDVOBs.

54 Proceedings of Wednesday, October 13, 2010 Homeless Veterans

The Department of Veterans Affairs (VA) is taking decisive action toward its goal of ending homelessness among our nation’s veterans. To achieve this goal, VA has developed a Five-Year Plan to assist every homeless veteran willing to accept services retain or acquire: safe housing; needed treatment services; opportunities to retain or return to employment; and benefits assistance. VA stated that they will continue to partner with the community, national and local service providers, and other state and Federal agencies to provide comprehensive care to homeless veterans and veterans at-risk for homelessness. The American Legion supports the VA’s Five-Year Plan that will provide supportive services and physical and mental care to homeless veterans. Also, the Homeless Veterans Reintegration Program (HVRP) within the Department of Labor’s Veterans Employment and Training Services (DOL-VETS) is the only nationwide program focused on assisting homeless veterans to reintegrate into the workforce. This program is a highly successful grant program that needs to be fully funded at $50 million. Currently, HVRP is funded at $41 million. A full continuum of care – housing, employment training and placement, health care, substance abuse treatment, legal aid, and follow-up case management – depends on many organizations working together to provide services and adequate funding. The availability of homeless veteran services, and continued community and government support for them, depends on vigilant advocacy and public education efforts on the local, state and Federal levels. In addition to the complex set of factors affecting all homelessness (the extreme shortage of affordable housing, livable income, and access to health care), a large number of displaced and at-risk veterans live with lingering effects of Post Traumatic Stress Disorder (PTSD), substance abuse, and a lack of family and social support networks. Many times these veterans have mental health disorders related to their honorable service to their country, are unable to compensate for their condition. They unfortunately deteriorate to unrecognizable individuals compared to their pre-military experience.

Potential Homeless Veterans of Operations Iraqi Freedom and Enduring Freedom (OIF/OEF)

Some OIF/OEF veterans are at high risk of becoming homeless. Combat veterans of OIF/OEF and the Global War on Terror who need help – from mental health programs to housing, employment training and job placement assistance – are beginning to trickle into the nation’s community-based homeless veterans’ service organizations. Already stressed by an increasing need for assistance by post-Vietnam Era veterans and strained budgets, homeless services providers are deeply concerned about the rising tide of combat veterans who are requesting their support. Since 9/11, nearly 2 million American men and women have served or are serving in a war zone. Rotations of troops returning home from Iraq are now a common occurrence. Military analysts and government sources say the deployments and repatriation of combat veterans is unlike anything the nation has experienced since the end of the Vietnam War. The FY 2009 Department of Veterans Affairs Community Homelessness Assessment, Local Education and Networking Groups (CHALENG) report estimates that approximately 107,000 veterans are homeless at any point in time. Prior reports state that one out of four homeless men sleeping in doorways, alleys or boxes in our cities and rural communities has put on a uniform and served this country. According to the National Coalition for Homeless Veterans, veterans represent 23 percent of all homeless people in America.

Proceedings of Wednesday, October 13, 2010 55 VA’s Healthcare for Homeless Veterans (HCHV) reports that nearly 65 percent of these homeless veterans experienced combat. Now receiving combat veterans from Iraq and Afghanistan daily, the VA is reporting that a high percentage of those casualties need treatment for mental health problems. That is consistent with studies conducted by VA and other agencies that conclude anywhere from 15 to more than 35 percent of combat veterans will experience some clinical degree of PTSD, depression or other psychosocial problems.

Homeless Women Veterans and Children

Homeless veterans’ service providers’ clients have historically been almost exclusively male. That is changing as more women veterans and women veterans with young children have sought help. Additionally, the approximately 200,000 female Iraq veterans are isolated during and after deployment making it difficult to find gender- specific peer-based support. Access to gender-appropriate care for these veterans is essential. More women are engaging in combat roles in Iraq where there are no traditional front lines. In the past 10 years, the number of homeless women veterans has tripled. In 2002, the VA began a study of women and PTSD. The study includes subjects whose PTSD resulted from stressors that were both military and non-military in nature. Preliminary research shows that women currently serving have much higher exposure to traumatic experiences, rape and assault prior to joining the military. Other reports show extremely high rates of sexual trauma while women are in the service (20-40 percent). Repeated exposure to traumatic stressors increases the likelihood of PTSD. Researchers also suspect that many women join the military, at least in part, to get away from abusive environments. Like the young veterans, these women may have no safe supportive environment to return to, adding yet more risk of homeless outcomes. CHALENG sites continue to report increases in the number of homeless veterans with families (i.e., dependent children) being served at their programs. It reports that 140 sites (100 percent of all sites) reported a total of 2,368 homeless veteran families seen. This was an 85 percent increase over the previous year’s 1,282 homeless veteran families. (FY 2009 VA CHALENG report) Homeless veteran service providers recognize that they will have to accommodate the needs of the changing homeless veteran population, including increasing numbers of women and veterans with dependents. Access to family housing through the distribution of the thousands of new Section 8 vouchers that will be made available through the Department of Housing and Urban Development’s, VA Supportive Housing (HUD- VASH) Program, will offer an important new resource allowing VA staff to assist the veteran and her family. Consequently, The American Legion supports funding for more vouchers so homeless veterans can re-establish their lives and productivity through supportive services in safe and affordable housing.

Employment

The current rate of unemployment in the United States is 9.6 percent. According to the Bureau of Labor Statistics, the unemployment rate for Iraq and Afghanistan veterans is 10.2 percent. The total number of unemployed veterans of the two wars is about 215,000. One out of every four veterans who do find employment earns less than $25,000 per year. In total, 1.5 million veterans – 6.3 percent – had incomes below the Federal poverty line, according to a 2005 congressional analysis of census figures. Executive Order 13518, The Veteran Hiring Initiative enhances the recruitment of and promotes employment opportunities for veterans within the executive branch of the

56 Proceedings of Wednesday, October 13, 2010 Federal government. Simply, the mission of this initiative is increasing the employment of veterans in the Federal system. Approximately 482,000 veterans are employed today in Federal agencies across the country and around the world. Veterans comprise more than one out of four Federal workers; however, a tremendous amount of work still remains. For example, nearly 80% of veterans are employed by only three departments – Defense, Veterans Affairs and Homeland Security. The Federal government must advise and train veterans to attain positions within other departments. The American Legion has pushed past and current administrations to focus more on outreach, recruitment, training and the hiring of qualified veterans as well as the recognition of veterans’ preference in hiring. The American Legion’s diligence has been an impetus behind this new hiring initiative. The mission of the President’s Hiring Initiative is to increase the employment of veterans in the Federal government. No mission is more important at this time in our history  given the nation’s involvement in two wars and the uncertain economic situation  than enabling America’s veterans to have a seamless transition from military service to the civilian workforce. The American Legion staff will continue to carry the message of the membership to Congress and hold the administration accountable for improved and measurable results. The staff of the National Headquarters Economic Division is also deeply involved in advisory committees. Director Joseph Sharpe is a member of the Department of Veterans Affairs Education Advisory Committee, the Department of Labor’s Veterans Advisory Committee, the Small Business Administration’s Veterans Advisory Committee and Deputy Director Mark Walker is a contributor to the Department of Veterans Affairs Homeless Advisory Committee.

Department of Veterans Affairs Hiring Practices

Significant hurdles to veterans’ employment in the Department of Veterans Affairs (VA) exist despite veterans’ preference laws, including deficiencies in Federal agency human resource departments and a lack of adequate information on the part of veterans about how to obtain Federal employment. The American Legion has identified the complicated hiring process by VA and is seeking reform of that process. If a veteran desires to apply within the VA facility, he/she has to go to www.usajobs.gov. The USAJobs.com website offers a confusing, multilayered application process that involves questionnaires, essay style answers and a list of Knowledge, Skills and Abilities (KSA’s) that affect the overall rating of your application. The American Legion believes it is imperative that a veteran-centric website be developed to assist veterans in reaching employers and assist employers in reaching qualified veterans. This website would provide a one-stop system of jobs for veterans. Furthermore, The American Legion recommends that this new website be under the jurisdiction of the Department of Labor, Veteran Employment and Training Service (DOL-VETS).

Listed below are numbers concerning VA’s hiring practices: • Veterans comprise approximately 30% of VA’s 297,000 employees, and 8.5% are service-connected disabled veterans; • VA has set a strategic target of 35% veteran employment. VBA has assured The American Legion that they’re making it a priority to increase veterans’ hiring to over 50% levels in all offices. Michael Walcoff, Acting Undersecretary for Benefits with VA, is personally touring VA Regional Offices to ensure compliance on the ground level.

Proceedings of Wednesday, October 13, 2010 57 VHA Veteran Percentage by VISN:

VISN 1 – 23.01% VISN 2 – 25.97% VISN 3 – 19.51% VISN 4 - 26.94% VISN 5 – 26.25% VISN 6 – 28.98% VISN 7 – 31.60% VISN 8 – 31.22% VISN 9 – 28.81% VISN 10 – 27.31% VISN 11 – 25.49% VISN 12 – 23.04% VISN 15 – 28% VISN 16 – 27.95% VISN 17 – 35.88% VISN 18 – 33.20% VISN 19 – 28.78% VISN 20 – 32.61% VISN 21 – 22.84% VISN 22 – 29.62% VISN 23 – 24.61% VHA CO – 34.09%

Based upon low hiring rates and reported incidents concerning veterans’ employment within numerous VA Regional Offices, The American Legion strongly supports VA enacting affirmative action plans to increase the percentage of veterans employed by the agency from 30 percent to 50 percent by Fiscal Year 2012. In addition, The American Legion recommends that VA make meeting this 50 percent hiring requirement a part of each VISN Director’s performance evaluation.

The American Legion Business Task Force

The American Legion Business Task Force sponsored a number of events this year to assist veterans, disabled veterans, reservists and active duty military members in obtaining employment, to include starting and growing their own businesses.

March 2 Washington Conference, 1-day Business Development Workshop August 28 National Convention Transitional and Benefits Career Fair August 31 & Sept. 1 National Convention, 2-day Business Development Workshop October 7 Andrews Air Force Base Heroes to Hometowns Golf Classic

The Heroes to Hometowns (H2H) Golf Classic provides wounded warriors and veterans a chance to network with leaders in Federal government and veteran business owners to discuss issues of transitioning into the civilian workforce and/or establishing a business. We had 50 golfers participate in this event. Approximately $20,000 was raised for the Legacy Scholarship Fund in this year’s Golf Classic. The Economic Division plans on improving next year’s Golf Classic to provide even greater services to veterans. Next year, the Economics Division would like to open the Golf Classic to transitioning military and veterans, and offer them employment opportunities on the premises. This event would attract local transitioning veterans in the greater Washington DC/Baltimore metro areas that are looking for veteran-friendly employers who are ready to hire.

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 Dellinger 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.

58 Proceedings of Wednesday, October 13, 2010 Addendum A: Resolutions Not Approved

Hold for Further Study Resolution No. 74 (MA) (2009 Nat’l Conv): Support Establishment of the Veterans’ Business Development and Outreach Program

Disposed of Administratively Resolution No. 37 (OH) (2010 Nat’l Conv): Support Active Guard Reserve (AGR) Being Included in the Post 9/11 GI Bill Resolution No. 247 (NE) (2010 Nat’l Conv): Support Transfer of Education Benefits to Service Members with Less than Six Years of Service

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, move to receive and file the report of the Economic Commission, with the exception of six resolutions and one addendum. …Second. NATIONAL COMMANDER FOSTER: You’ve heard the motion and second to receive and file the report. Any discussion? All in favor? Opposed? Motion carried.

Resolution No. 17: Support Funding for Additional Housing for Homeless Veterans with Families Origin: Economic Commission Submitted by: Economic Commission WHEREAS, The Fiscal Year (FY) 2009 Department of Veterans Affairs Community Homelessness Assessment, Local Education and Networking Groups (CHALENG) report estimates that approximately 107,000 veterans are homeless at any point in time; and WHEREAS, CHALENG sites continue to report increases in the number of homeless veterans with families (i.e., dependent children) being served at their programs; It reports that 140 sites (100 percent of all sites) reported a total of 2,368 homeless veteran families seen; This was an 85 percent increase over the previous year’s 1,282 homeless veteran families; and WHEREAS, Homeless veterans with dependents present a challenge to VA homeless programs, because most VA transitional housing programs accept only veterans; and WHEREAS, Homeless Veterans who served in Iraq and Afghanistan are more likely to have family or children that also require assistance; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That The American Legion supports legislation or administrative proposals that provide additional transitional and permanent housing for homeless veterans with families.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This has been approved by your Economic Commission, your Resolutions Subcommittee, therefore, I move for its approval. …Second. NATIONAL COMMANDER FOSTER: You’ve heard the motion and second. Any discussion? All in favor? Opposed? Motion carried.

Proceedings of Wednesday, October 13, 2010 59 Resolution No. 18: Reauthorize and Fund Veterans Affairs Small Business Loan Program Origin: Resolution No. 222 (MA) 2010 National Convention Submitted by: Economic Commission WHEREAS, Small business is the backbone of the American economy; and WHEREAS, More than nine out of ten businesses are small firms which produce almost one-half of the Gross National Product; and WHEREAS, Over one-half of the nation’s work force is employed by small business, with the average company employing approximately 11 persons; and WHEREAS, America has benefited immeasurably from the service of its 27 million living veterans who made great sacrifices in the defense of freedom, the preservation of democracy, and the protection of the free enterprise system; and WHEREAS, Reliable sources have estimated that 20 percent of all small businesses are owned and operated by veterans; and WHEREAS, Because of the status of the economy over the past few years, many thousands of workers have lost their jobs through no fault of their own and have been unsuccessful in finding new employment; and WHEREAS, This country’s unemployment problem is being exacerbated by the downsizing of the military because many of those leaving the service are from the combat arms and may not have job skills that are readily transferable to the civilian labor market; and WHEREAS, One way of combating unemployment is through the creation of new jobs; and WHEREAS, Government can help to create new jobs by encouraging qualified entrepreneurs to start new small businesses; and WHEREAS, Many veterans who want to become entrepreneurs either do not qualify for the direct or guaranteed loan through the Small Business Administration (SBA), or do not apply for such a loan because of the red tape involved in obtaining an SBA loan; and WHEREAS, Congress passed legislation in the early 1980’s that amended Chapter 37 of Title 38, United States Code, to establish a pilot Veteran’s Small Business Loan Program that was to be administered by the Department of Veterans’ Affairs (VA); and WHEREAS, The VA’s Small Business Loan Program was never funded and was allowed to sunset on September 30, 1986; and WHEREAS, Many veterans who want to become entrepreneurs could realize their dreams of going into business if the VA’s Small Business Loan Programs were available to them; and WHEREAS, The VA estimates that if its Small Business Loan Program is authorized, it will help to cushion the impact of the downsizing of the military by creating a million new jobs over the next five years; and WHEREAS, If the VA’s Small Business Loan Program is reauthorized, it should be opened to post-Vietnam-era veterans; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That The American Legion seek and support legislation that would reauthorize and fund a VA Small Business Loan Program for disabled, Vietnam-era and post-Vietnam- era veterans.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This resolution has the approval of your Economic Commission, your Resolutions Subcommittee, therefore, I move for its adoption. …Second. NATIONAL COMMANDER FOSTER: You’ve heard the motion and second. Any discussion? All in favor? Opposed? Motion carried.

60 Proceedings of Wednesday, October 13, 2010 Resolution No. 19: Support the Rollover of IRA Accounts Without Penalty or Tax Liability of a Permanent and Total 100 Percent Service-Disabled Veteran with Individual Unemployability Origin: Resolution No. 10 (SD) 2010 National Convention Submitted by: Economic Commission WHEREAS, The American Legion is an organization of honorably discharged veterans who have dedicated themselves to the service of the community, state, and nation; and WHEREAS, The United States government has recognized responsibility to its honorably discharged veterans and that alleviating tax burdens for them should be a priority; and WHEREAS, Pursuant to the Bylaws of this organization, it is deemed desirable and in the best interest of its members that action be taken to change present laws; and WHEREAS, The Federal Tax Law is administered primarily by the Internal Revenue Service, a bureau of the Department of the Treasury; and WHEREAS, While the main intent of the law is to provide revenue for the federal government, the tax code is frequently used for public policy reasons, i.e. to achieve social and economic goals; and WHEREAS, Veterans under 59½ years of age will pay a 10% penalty on amount drawn from IRA; and WHEREAS, Total amount of withdrawal from IRA is subject to federal income tax; and WHEREAS, Due to a poor economy, IRA’s have lost value; and WHEREAS, Veterans home mortgages may be higher than the value of said home; and WHEREAS, High unemployment has caused hardship to the veterans income from other sources in the family; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That The American Legion support legislation to permit veterans who are Permanent and Total 100% service-disabled and Permanent and Total 100% service-disabled with individual unemployability, the opportunity to rollover their Individual Retirement Accounts into tax free Roth Accounts, prior to maturity, without penalty or tax liabilities.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This resolution has the approval of your Economics Commission, your Resolutions Subcommittee, therefore, I move for its adoption. …Second. NATIONAL COMMANDER FOSTER: You’ve heard the motion and second. Any discussion? All in favor? Opposed? Motion carried.

Resolution No. 20: Support a Veteran-Centric Website for Employment Origin: Economic Commission Submitted by: Economic Commission WHEREAS, The American Legion has identified the complicated hiring process followed by the Federal government and is seeking reform of that process; and WHEREAS, The USAJobs.com website offers a confusing, multi-layered application process that involves questionnaires, essay style answers and a list of Knowledge, Skills, and Abilities (KSA’s) that affect the overall rating of a veteran’s application; and

Proceedings of Wednesday, October 13, 2010 61 WHEREAS, It has been the finding of numerous surveys and studies that, for a variety of reasons, the vast majority of veterans of the armed forces are disadvantaged in pursuing civilian employment and careers; and WHEREAS, There is no single job bank system nationwide that veterans can use to transition from military service to civilian life; and WHEREAS, It is the intent and purpose of Congress that the Department of Labor (DOL), Veteran Employment and Training Service (VETS) provide the leadership, direction and oversight of all placement and employment services for veterans; and WHEREAS, The Office of the Inspector General within DOL received recent reports which recommended that VETS increase its oversight of this program, which confirms that services for veterans be provided by the direction of, and subject to oversight by, Congress to ensure that all veterans are afforded such services in a uniform manner following completion of their service and return to their state of residence; and WHEREAS, It is imperative that the new job bank system be developed to assist veterans in reaching employers and assist employers in reaching qualified veterans; consequently, it is necessary that the system be designed to only allow quality resumes and quality job openings; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, That The American Legion support, assist and provide guidance in the design and implementation of a nationwide job bank system for the sole purpose of providing transitioning military members and veterans with a one stop system of jobs for veterans under the jurisdiction of Department of Labor, Veterans Employment and Training Service.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This resolution has the support of your Economic Commission, the Subcommittee on Resolutions, and I move for its approval. …Second. NATIONAL COMMANDER FOSTER: You’ve heard the motion and second. Any discussion? All in favor? Opposed? Motion carried.

Resolution No. 21: Support and Strengthen the Service members Civil Relief Act (SCRA) Origin: Resolution No. 329 (Economic Committee) 2010 National Convention Submitted by: Economic Commission WHEREAS, The American Legion has been the leading veterans advocacy organization since its inception in 1919; and WHEREAS, Such advocacy resulted in the creation and passage of the Servicemembers Civil Relief Act (SCRA) and the original GI Bill, codifying into Federal law benefits earned by active and former members of the United States military as a result of their honorable service during a time of war; and WHEREAS, Both the GI Bill and SCRA have been legislatively updated on occasion by the United States Congress to reflect societal changes and rising costs of providing said benefits; and WHEREAS, It is the intention of the SCRA to protect and make whole members of the United States military called to active duty by duly authorized and issued orders; and WHEREAS, Such protection is not extended to include the necessary termination of a contract under Family or Group plans, nor to the necessary cancellation of reservations for air or train transportation, resulting in unnecessary, unintended and expensive costs incurred by service members who are obeying the tasking placed upon them by duly authorized orders; and

62 Proceedings of Wednesday, October 13, 2010 WHEREAS, Such costs coincide with negative credit reports which further exacerbate the ability of the service member to perform his or her duty, and impacts the ability of the individual or family to realize the American Dream and own a home by punitive credit rates; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That Congress be urged to amend the Service members Civil Relief Act (SCRA) to include protections for members of the Armed Forces acting under duly authorized and issued orders to include, but not limited to, deployment and temporary duty assignment orders against fees, fines and the resulting negative credit reports by cancellation of ticketed travel on U.S. airlines or train transportation.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This resolution has the approval of the Economic Commission, your Resolutions Subcommittee, therefore, I move for its adoption. …Second. NATIONAL COMMANDER FOSTER: You’ve heard the motion and second. Any discussion? All in favor? Opposed? Motion carried.

Resolution No. 22: Support Veterans Hiring Initiative in the Department Of Veterans Affairs Origin: Economic Commission Submitted by: Economic Commission (As Amended) WHEREAS, Significant hurdles to veterans employment in the Department of Veterans Affairs exist despite veterans’ preference laws, including deficiencies in Federal agency human resource departments and a lack of adequate information on the part of veterans about how to obtain Federal employment; and WHEREAS, America has been at war since the beginning of Operations Desert Shield and Desert Storm in 1990; and WHEREAS, Hundreds of thousands of service members have left the service over 20 years since the Desert Shield and Desert Storm, yet their unemployment numbers in some age brackets are twice the national average than their generation who have not served in uniform; and WHEREAS, The President of the United States of America recognized the high unacceptable unemployment rates of veterans and issued Executive Order 13518 to Federal agencies to hire veterans; and WHEREAS, The Secretary of Veterans Affairs, has articulated on many occasions his intent to increase the number of veterans hired within his agency; and WHEREAS, Based upon low hiring rates and reported incidents concerning veterans employment within numerous VA Regional Offices; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That the Department of Veterans Affairs enact affirmative action plans to increase the percentage of veterans employed by the agency from 30 percent to 50 percent by Fiscal Year 2012; and, be it finally RESOLVED, That VA makes meeting this 50 percent hiring requirement a part of Veterans Affairs Directors’ performance report so we can get an accountability from the other divisions within the Department of Veterans Affairs.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This has the approval of the Economic Commission, your Subcommittee on Resolutions, and I move for its adoption. …Second.

Proceedings of Wednesday, October 13, 2010 63 NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? Yes, sir. PNC Conley. PAST NATIONAL COMMANDER CONLEY: Mr. Commander. The second resolve clause strictly deals with hospitals under the VISN directors. There is no accountability in here in order for the regional directors that are doing the adjudication of our claims. I would like to make an amendment that the VA makes meeting the 50 percent hiring requirement, a part of each VA director's performance report so we can get an accountability from the other divisions within the Department of Veterans Affairs. NATIONAL COMMANDER FOSTER: Is that a motion? PAST NATIONAL COMMANDER CONLEY: Yes, sir. NATIONAL COMMANDER FOSTER: Need a second. ...Second. Okay. What we're going to do first is vote on the motion to amended the resolution as PNC Conley stated. Everybody with me? Any discussion? Further discussion? All in favor? Opposed. The motion to amend carried. Now we'll vote on the resolution as amended. Any discussion? All in favor? Opposed? Carried. RESOLUTIONS SUBCOMMITTEE MEMBER KILE: Mr. Commander, attached to this report is an addendum. I move the action of the Economic Commission become the action of the NEC. …Second. NATIONAL COMMANDER FOSTER: You’ve heard the motion and second. Any discussion? All in favor? Opposed? Motion carried. Thank you. Thanks, Randy. Now I call on the national adjutant for announcements prior to the lunch recess.

Announcements

NATIONAL ADJUTANT WHEELER: Members of the NEC as announced earlier, photographs will be taken outside the NEC in the break room for all NECmen, which will be put into the January issue of The American Legion Magazine. And also note, there's an error on the agenda that says call to order at 2:00 o'clock, followed by greetings at 1:30. Actually, call to order is at 1:30. NATIONAL COMMANDER FOSTER: It's 1:30. 1:30, not 2:00 p.m. 1330 or 1400, whichever way you go. All right we're in recess. Join me in a hand-salute to the Flag of our country. One. Two. We're in recess until 1330. ...At 10:50 a.m., the National Executive Committee stood in recess.

Proceedings of Wednesday, October 13, 2010 65 Wednesday, October 13, 2010, Afternoon Session

...At 1:30 p.m., the National Executive Committee was called to order by National Commander Jimmie L. Foster, and the following proceedings were had.

NATIONAL COMMANDER FOSTER: Join me in saluting the flag. One. Two. ...The National Executive Committee members stood and rendered a salute to the Colors. ...At this time National Vice Commander Pytka assumed the Chair. NATIONAL COMMANDER FOSTER: At this time, ladies and gentlemen, it's an honor and privilege to bring before you the national president of The American Legion Auxiliary. If you will please rise. (Standing applause) Ladies and gentlemen, I present to you the national president of The American Legion Auxiliary from the great state of Texas, Mrs. Carlene Ashworth. (Applause)

Greetings: National President, American Legion Auxiliary Mrs. Carlene Ashworth, Texas

Please be seated. I bring you greetings this afternoon from the national headquarters of The American Legion Auxiliary, and we appreciate very much you giving us the opportunity to come and speak before you just for a moment today. And commander, if you don't mind if I may introduce my guests that I have with me. I would like to introduce our national vice president from the Department of Minnesota, Kris Nelson. Our Veterans Affairs and Rehabilitation chairman from the Department of Virginia, Peggy Thomas. Also our Children and Youth chairman Nancy Brown-Park from the Department of California. And we also have with us our National Americanism chairman, Ann Rehbein from the Department of Iowa. (Applause) I wanted to share with you this afternoon the mission statement of The American Legion Auxiliary, because I think that it speaks for everything that we do and everything that we share with The American Legion as the American Legion family, so I just wanted to share that with you to let you know first of all where our hearts lie. In the Spirit of Service Not Self, the mission of The American Legion Auxiliary is to support The American Legion and to honor the sacrifice of those who served by enhancing the lives of our veterans, our military, and their families. Both at home and abroad, for God and Country we advocate for veterans; educate our citizens; mentor our youth; promote patriotism; good citizenship; peace and security. And that is exactly where we are in The American Legion Auxiliary as we continue to support The American Legion in your programs and in the programs that we do that follow through with what The American Legion stands for. (Applause) I'm a 45 year grassroots member of The American Legion Auxiliary, and I've been actively involved in my unit for all those years. I don't think there's ever been a year that I haven't served in some capacity either as a chairman or as an officer of my unit. And have worked in our area, in our district, and in our department throughout all these years, because I believe in the mission of The American Legion, The American Legion Auxiliary, and the Sons of The American Legion. My focus this year is taking care of our veterans from the elderly in the nursing home to those that are out in the community, to our young service members and their families who are living in the rural areas, in the cities and the towns and are still serving. I have had some great experiences already as the national president of The American Legion Auxiliary in meeting some of our young service members, and I would just like to share with you a couple of experiences that I've had.

66 Proceedings of Wednesday, October 13, 2010 I recently was in the Department of Ohio and had the opportunity to visit the new ambulatory care center in Columbus. And as I was leaving the hospital that day from the tour, I met a young man coming down the hall, and he was on crutches and he had a University of Texas baseball cap on his head. So, of course, I had to stop and talk to him, and ask him if he was indeed from the state of Texas. And he said, "Yes, ma'am. I sure am." So we talked for a few minutes, and I asked him why he was there. And he told me that he had just recently got onto those crutches, out of the wheelchair after nine months. He was told that he would never walk; that he would probably never talk, and really wasn't even expected to live. But nine months later he was walking down that hallway with crutches. And I spoke with him for a few minutes and asked him about his family and what his mission was, what he intended to do. He said he really wanted to be able to, at some point, come back to that hospital and pay back to them what he had been given for being able to walk on those crutches, and not be in that wheelchair anymore. I asked him about his family, and he told me "I don't have family anymore. My parents are gone." He gave me a big hug; had tears in his eyes. He asked me to please keep in touch with him. He gave me his e-mail address and his phone number. And I have done that. I've contacted him a couple of times since that time. I was just in California this last week, met a young man who was on the Ride to Recovery. And he was there because he was with the a young man whose life he had saved who had recently lost, just a little over a year ago, lost his leg, and had to have one leg amputated and was there on the Ride. The young man I was talking with was the young man that saved his life. Ryan was the young man that saved the life of Juan Carlos. And when I spoke to Ryan personally afterwards I asked him about his life, what he was doing. He said that he was having some struggles, and I could tell that he was because when we started talking, big tears came in his eyes. And I said, "You are suffering from this too; aren't you?" He said, "Yes, ma'am, I am." And I said, "You know, there's help out there for you and there's things we can do for you." And he said to me, "I don't know if I'm ready for that yet." I said, "Ryan, you are ready. You need it. You can't do this on your own." I said, "There is support and we're here to support you and help you get the things that you need." There was two young men, one who had suffered disabilities physically, and the other one who had suffered disabilities mentally. There's a lot of Ryans and Josephs and Juan Carloses out there, and it's the mission of The American Legion Auxiliary to do whatever we can to help these young veterans, these young families. Their wives and children are also going through the same kind of difficulties they are. They may not be physically handicapped from whatever their wounds are, but they are going through the same kind of things. So it is our mission to try to take care of all these young men and women, as many as we can. I know we can't save the world, but we can do it one at a time. My theme is "The Power of One." I believe we have the power within ourselves to do everything we can, whether it's on an individual basis; whether it's collectively as an organization; whether it's The American Legion Family that does it; it's within the ability of all of us to do what we can by using the power of one person, one veteran, one family, one organization. Thank you very much. (Standing applause) ...At this time National Commander Foster resumes the Chair. NATIONAL COMMANDER FOSTER: With the support of the ladies in the back, I think we're in good hands for the year. Do you agree? Let's give them another round of applause. (Applause) How many took a nap during this long lunch recess? Don't take one now, okay? (Laughter) It's time for the National Security Commission. From the state of Virginia, Dan Dellinger.

Proceedings of Wednesday, October 13, 2010 67 Oral Report: National Security Commission Daniel M. Dellinger, Virginia, Chairman

National Commander Foster, members of the National Executive Committee and fellow Legionnaires. You have a copy of the National Security Commission's written report before you, so I won't highlight that. The commission met on October 11-12 at the Sheraton Hotel to discuss 11 resolutions and other matters pertaining to National Security. Five resolutions were recommended for approval, four resolutions were recommended for rejection, and two resolutions were received and recorded. In regard to the fiscal year 2011 budget, the fiscal year began on October 1, but as Commander Foster stated earlier, the 2011 federal budget has not been approved by Congress. Congress did approve a continuing resolution to prevent the U.S. government from ceasing operations. The House and Senate voted to pass this stop-gap measure at the end of September to effectively keep the lights on at government agencies and fund major federal programs until December 3rd. This is the last legislative action before recessing and returning to the campaign trail for the November 2nd election. The White House recommendation for the Department of Defense budget for 2011 is $708 billion, and that would be over five percent of the GDP, and is in line with The American Legion's Resolution 151, Support for Full Funding of The United States Military. Other items of interest in the budget include a 1.4 percent military pay raise; a 4.2 military housing increase, and funding for the development of the F-35 Joint Strike Fighter. As I related to the new department commanders and the new officers, I encourage all departments to submit candidates for Law Officer of the Year, and Firefighter of the Year to Joe Grassi at the Washington, D.C. office before the cutoff date of 1 February 2011. Last year we only had 19 out of 55 Departments submit for these awards. We need to do better. I also ask you to contact Joe Grassi if you or someone you know would like to become a member of the local draft board. The Selective Service has requested our help in filling some vacancies on these local boards. Commander Foster, members of the National Executive Committee, I would like to thank you for your continued support of our commission, and for effective national security policies. Mr. Commander, this concludes my report.

Report: National Security Commission October 13-14, 2010 Daniel M. Dellinger, Virginia, Chairman

An executive session of the National Security Commission met on October 11, 2010 in the Circle Center Conference Room of the Sheraton Hotel, 31 W Ohio St, Indianapolis, Indiana, to discuss current national security issues facing the United States along with reviewing 11 resolutions before the commission. Eight of the resolutions were referred to the National Security Commission by the 92nd National Convention. The three remaining resolutions were not addressed at the National Convention; therefore they were addressed at this meeting. Dan Dellinger, Chairman, National Security Commission opened the meeting and welcomed Past National Commander Clarence Bacon of Maryland and Past National Commander Tony Jordan of Maine. The National Security Commission was honored by their attendance and very appreciative of their participation in the commission’s business discussions. The commission proceeded by evaluating the following 11 resolutions: 1) The American Legion Position on Military Chaplains and Physicians; 2) Immigration Reform

68 Proceedings of Wednesday, October 13, 2010 to Enhance National Security; 3) Establish a Cold War Victory Medal; 4) Establish a Strategic Plan for Internal Security Within the United States; 5) Abolish the Immigration and Nationality Act of 1965; 6) National Security Principles; 7) Establish Separate Emergency Medical Technician (EMT) Award; 8) Grant Full Access to Military Facilities for Service Connected Veterans and Dependents; 9) Lower the Retirement Age of Service Members in the National Guard and Reserve Components; 10) Extend Selective Service Program to Include Registration of Women Ages 18-25; and 11) Oppose Amnesty and Legal Residency for Illegal Immigrants. After the commission conducted a thorough analysis of each proposed resolution and held debates on the issues at hand, the commission reached a consensus and made recommendations to approve five of the aforementioned resolutions. The National Security Commission recommended the following resolutions for approval: 1) Immigration Reform to Enhance National Security; 2) Establish a Cold War Victory Medal; 3) Establish a Strategic Plan for Internal Security Within the United States; 4) National Security Principles; and 5) Extend Selective Service Program to Include Registration of Women Ages 18-25. The National Security Commission recommended rejecting the following four resolutions: 1) The American Legion Position on Military Chaplains and Physicians; 2) Establish Separate Emergency Medical Technician (EMT) Award; 3) Grant Full Access to Military Facilities for Service Connected Veterans and Dependents; 4) Lower the Retirement Age of Service Members in the National Guard and Reserve Components. The National Security Commission recommended the following two resolutions to be received and recorded: Abolish the Immigration and Nationality Act of 1965 and Oppose Amnesty and Legal Residency for Illegal Immigrants. The business meeting also included a national security report by Joseph Grassi, Deputy Director, National Security and Foreign Relations Division. His presentation focused on the current issues surrounding the nuclear posture of the United States. Also, the discussion covered the recent installation of Patriot missiles and U.S. military personnel in Poland; only 39 miles from the Russian border. Although this increase of U.S. military presence in Poland has caused the Russian Government to protest, they have not backed away from the New Strategic Arms Reduction Treaty (also known as New START) which was signed by President Barack Obama and Russian President Dmitry Medvedev on April 8, 2010. Mr. Grassi gave an update on the accompanying Protocol, including the verification measures contained in the treaty. The treaty was approved by a vote of 14-4 by the Senate Committee on Foreign Relations on September 14, 2010. The treaty remains yet to be ratified by the Senate. Ratification needs 67 votes. In addition, Mr. Grassi continued his presentation by discussing the difficult subject of suicide among military members, particularly soldiers who have deployed to Iraq and Afghanistan. This problem is not new as some have suggested. However, The American Legion must do everything possible to help service members who may be prone to these types of tragedies. We must reach out to these troubled servicemen and women to avoid what has been called “the permanent solution to a temporary problem.” The National Security Commission looks to work in cooperation with the Veterans Affairs and Rehabilitation Commission on the issue of suicide prevention in the military. It is generally known, that this problem is not exclusive to the military. Similar percentages of suicide exist in civilian life. However, because the military is an easily identifiable group; and because there is a segment of society who wish to paint combat veterans with the same broad brush; and also because this is a national security issue, we must support the Department of Defense’s programs which have shown to be effective in suicide prevention. Service members and veterans who find themselves in despair and isolation need a helping hand.

Proceedings of Wednesday, October 13, 2010 69 As a practical matter, the commission was reminded that all Departments should submit their candidates for Law Officer of the Year and Firefighter of the Year Awards to Joseph Grassi in the Washington, D.C. Office no later than February 1, 2011. Also, everyone was encouraged to contact Mr. Grassi if they were interested or know someone who may be interested in becoming a member of their local Selective Service Board; otherwise known as the draft board. On Tuesday, October 12, the National Security and Foreign Relations Commissions met in joint session at the Circle Center Conference Room of the Sheraton Hotel in Indianapolis. The main topics of the joint session focused on the experiences of today’s fighting men and women in terms of their recent deployments to Iraq and Afghanistan along with the issues that are associated with this group, such as traumatic brain injury (TBI), post traumatic stress disorder (PTSD), women in combat, multiple deployments, improvised explosive devices (IEDs), and asymmetrical warfare. In the context of these topics, members of both commissions intently watched the independent film entitled “This is War: Memories of Iraq,” directed by Gary Mortensen. The film begins in the spring of 2004, when the 2nd Battalion, 162nd Infantry Regiment (2/162) of the Oregon National Guard deployed to Iraq. Several of them carried video cameras and digital cameras to record their experiences. The documentary draws on their film footage and photographs to demonstrate an in-depth look into their deployment. This program provided the National Security and Foreign Relations Commissions with insight into the perspective of the current-day soldier. The National Security Commission looks forward to working with National Commander Jimmie Foster and the distinguished members of the National Executive Committee throughout the year. We thank you for your support.

Addendum A: Resolutions Not Approved

Rejected

Resolution No. 171 (IN) (2010 Natl. Conv.): Establish a Separate EMT Award Resolution No. 185 (IN) (2010 Natl. Conv.): Grant Full Access to Military Facilities for Service-Connected Disabled Veterans and Dependents Resolution No. 246 (NE) (2010 Natl. Conv.): Lower the Retirement Age of Service Members in the National Guard and Reserve components

Received and Recorded

Resolution No. 31 (MI) (2010 Natl. Conv.): Abolish the immigration and Nationality Act of 1965 Resolution No. 263 (IL) (2010 Natl. Conv.): Oppose Amnesty and Legal Residency for Illegal Immigrants

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, I make a motion to receive and file the report of the National Security Commission with the exception of five resolutions and one addendum. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and a second. Any discussion? Yes. PAST NATIONAL COMMANDER SPANOGLE: Mr. Commander, to you and to the chairman, I notice on the second page of the report, it shows that the National Security Commission recommended the rejection of four resolutions. I assume that they were referred to the National Convention standing committee. I would like to know the

70 Proceedings of Wednesday, October 13, 2010 reason you rejected the first one, The American Legion Position on Military Chaplains and Physicians. CHAIRMAN DELLINGER: I would like to call on staff, Joe Grassi to handle that, sir. MR. GRASSI: The commission met; we read the resolution, and the reaction was unanimous. In fact, the reaction was instant. The commission felt that the resolution opened a can of worms in terms that they were afraid it would set a precedent where if someone refused a military order on the basis of their religious beliefs, then they would have the ability to shirk their duty. That was the main objection to the resolution. PAST NATIONAL COMMANDER SPANOGLE: As I understand it, Joe, help me out a little bit here, as I understand it, that resolution dealt with an initiative out of the House Defense Authorization Bill under the Don't Ask, Don't Tell policy, but they added another little section in there that would grant the ability for women who are in the military to have abortions at DoD hospitals. And if you were a Christian doctor, you might have an objection to that. MR. GRASSI: Yes. PAST NATIONAL COMMANDER SPANOGLE: Second of all, on the military's chaplains, if Don't Ask Don't Tell is repealed, and alternate lifestyle personnel are allowed to wear the uniform of the United States, how does the Christian chaplain practice that? I'm not trying to make a big deal out of it, but basically you're asking officers and military chaplains to practice their religion and practice their beliefs on the right to life issues, and I don't know how they resolve that. So it seems like the military would make some, you know, I'm sorry, who do you shirk your duty to, the U.S. Court of Military Justice or to the supreme deity? I would like to ask the commission, you know, in the future, even though that particular provision, you know, didn't pass the muster in the Senate, I would like to ask the commission to take another look at that. Not this particular resolution, but look at the policy affecting Christian chaplains and Christian physicians dealing with the alternate lifestyles that may come about in the military, but also forces it on them. CHAIRMAN DELLINGER: Past National Commander, we will look at that at the Spring Meetings and draft something specifically detailing what you've outlined. NATIONAL COMMANDER FOSTER: Commander Morin. PAST NATIONAL COMMANDER MORIN: Could we have the resolved clause read on that resolution, please? NATIONAL COMMANDER FOSTER: It will be when it comes up. PAST NATIONAL COMMANDER MORIN: I'm asking that the rejected resolution be read. NATIONAL COMMANDER FOSTER: It's odd that you brought that up, Mr. Morin, because the judge has shown me it's not listed on the Addendum A of the report. PAST NATIONAL COMMANDER MORIN: Then how could we be rejecting the resolution when it's not on the addendum, as I see it. MR. GRASSI: I can address that. Because it was never assigned a number from an NEC or National Convention. I was advised by the staff here that it would be documented in the written report but it would not appear on the addendum. That was the advice I received. So that's how come it's not on the addendum, but it's in the written report. NATIONAL COMMANDER FOSTER: Commander Conley. PAST NATIONAL COMMANDER CONLEY: So my question would be to the judge advocate, if it's not part of the addendum to reject, the statement within the written report really doesn't carry any weight, or does it? NATIONAL JUDGE ADVOCATE: Past National Commander Conley, as we all know, reports of commissions are only received and filed. That's the administrative

Proceedings of Wednesday, October 13, 2010 71 handling of the report. It does not adopt, reject or take any action. It's not on the addendum, so if the addendum becomes the action of the NEC, it's still not rejected. It's still in front of commission. PAST NATIONAL COMMANDER CONLEY: So the resolution as came out of the Convention still holds, and it's more important today that we realize that because of the ruling that just came down from the court in California that put the stay on the Don't Ask, Don't Tell policy, and now get everything in motion dealing with physicians and with chaplains, and we as an organization should be concerned about that. NATIONAL COMMANDER FOSTER: Okay. The Chair has determined that that resolution is still in front of the commission. PAST NATIONAL COMMANDER CONLEY: Thank you.

Resolution No. 23: Immigration Reform to Enhance National Security Origin: National Security Commission Submitted by: National Security Commission WHEREAS, The American Legion respects the authority of the United States Government to apply the existing rules and regulations which govern immigration to maintain law and order within the United States; and WHEREAS, Immigration and Customs Enforcement (ICE) estimates that there are 11.5 million illegal immigrants who currently reside within the U.S.; and WHEREAS, In 2006 the Department of Homeland Security, Office of Audits stated that each year more than one million aliens attempt to illegally enter the United States without proper documentation or enter legally and violate the provisions of their visa; and WHEREAS, The United States currently has the systems and the technology in place to track foreign visitors and illegal aliens for the duration of their tenure in the United States; and WHEREAS, A need exists for a broad exchange of intelligence and related action between regulatory agencies which govern immigration policy, social services, and the Department of Justice; and WHEREAS, The terrorist attacks of September 11th were not isolated events, but is a continuation of a long series of unprovoked terrorist attacks aimed at destroying American lives, and the very basic core values of freedom, democracy and respect for human life; and WHEREAS, Aggressively tracking foreign visitors is a deterrent to terrorist activities and failing to effectively utilize the available systems and technology to track illegal aliens threatens the security and future of the U.S.; now, therefore, be it RESOLVED, By the National Executive Committee of the American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That The American Legion urges Congress to adopt an immigration reform policy which emphasizes border security against those individuals attempting to enter this country illegally and internal tracking of all resident aliens and illegal immigrants; and, be it further RESOLVED, That The American Legion opposes legislation that would result in the granting of amnesty and legal residency, in any form or by any name, to illegal immigrants currently in the United States; and, be it further RESOLVED, That the Department of Homeland Security be provided the monies necessary to ensure both the thorough performance of its responsibilities and the security of the borders of the United States; and, be it further RESOLVED, That The American Legion opposes any change to “Title V of the Immigration and Nationality Act” (8 U.S.C. 1531-1537) that would require revealing the source(s) of secret evidence used in the Bureau of Citizenship and

72 Proceedings of Wednesday, October 13, 2010 Immigration Services, Department of Homeland Security, administrative deportation hearings; and, be it further RESOLVED, That The American Legion encourages the federal government to provide the needed resources to enforcement agencies tasked with curtailing illegal immigration in this country; and, be it further RESOLVED, That The American Legion encourages the Congress of the United States to mandate that the U.S. Immigration and Customs Enforcement (I.C.E.) Student and Exchange Visitor Information System (SEVIS) continue and be aggressively administered by the responsible agency of the federal government; and, be it further RESOLVED, That The American Legion encourages the Congress of the United States to provide agencies of the federal government with the necessary resources to track the arrival and departure of foreign visitors to the United States; and, be it further RESOLVED, That the U.S. Department of State be required to enforce the completion of a thorough background check and also interview each candidate for a U.S. visa prior to issuing said visa; and, be it further RESOLVED, That the U.S. Department of State be responsible for tracking and arresting those visa recipients who perpetrate fraud and/or are visa overstays and that they be turned over to the Department of Homeland Security for removal/deportation processing; and, be it further RESOLVED, That The American Legion encourages the Congress of the United States and the state legislatures to pass legislation that would prohibit acceptance of certain foreign-issued forms of identification, to include the Mexican government-issued “Matricula Consular” card, when it is determined said documents lack credibility, authenticity and accuracy of information when used in the application process for federal, state and local government-sponsored public services; and, be it further RESOLVED, That The American Legion encourages businesses in the private sector, including financial institutions, to refrain from accepting as valid identification, foreign issued documents that are not determined to be acceptable forms of identification; and, be it further RESOLVED, That an agency of the federal government, determined by Congress and working in cooperation with other agencies having responsibilities for the administration and enforcement of immigration laws and policies, be tasked with determining the acceptability of forms of identification issued by foreign governments; and, be it further RESOLVED, That The American Legion, on behalf of all Americans and future generations of Americans, urge the Congress and the federal government to authorize and fund the following strategy in addressing the issue of illegal aliens in the United States: Secure the borders and other points of entry in the United States: (a) Construct physical barriers, as appropriate, (b) Acquire and utilize latest technology to monitor border activity, (c) Employ and train a sufficient number of U.S. Border Patrol Agents to effectively patrol border regions with employment preference given to former members of the U.S. Armed Forces, (d) Utilize National Guard troops to assist in providing border security, only if authorized to use deadly force, (e) Insure all vessels and their cargo arriving at our seaports are thoroughly searched; Enforce existing laws and pass new laws to reduce U.S. illegal population:

Proceedings of Wednesday, October 13, 2010 73 (a) Reject amnesty programs for illegal aliens, (b) Enforce immigration laws and promote cooperation between federal, state and local law enforcement officials, with emphasis on interior enforcement, (c) Establish parameters for non-criminal deportations; and, be it further RESOLVED, That The American Legion encourages the Congress of the United States, state governments, the U.S. Justice Department and the Department of Homeland Security to take necessary action to stop the massive flow of illegal immigration into this country by means that include, but are not limited to, the following: 1. Hire and train additional U.S. Border Patrol agents with employment preference afforded former members of the United States Armed Forces; and 2. Encourage the United States Congress to require the Department of Homeland Security to work with state and local law enforcement agencies to enforce immigration laws in this country; and 3. Require that all legal aliens carry U.S. Government issued identification documents that are made as secure as technology allows and that are verifiable by any employer or benefit agency through an easy-to-access central database; and 4. Petition the President of the United States and the Congress to enact measures to effectively halt the smuggling of illegal immigrants into this country; and 5. Grant law enforcement agencies at the local, state and federal levels the authority to work together to apprehend and incarcerate, where appropriate, illegal immigrants, especially those determined to have ties to terrorist groups and organizations; and 6. That, as appropriate, military resources be employed to assist in stopping the flow of illegal aliens into this country, and all of the resources of the United States of America be utilized to enforce the security of our country’s borders; and, be it finally RESOLVED, That The American Legion use all possible means to bring forth a solution to the challenges faced by the United States because of illegal immigration.

RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: Resolution 23 has the approval of the National Security Commission, your Subcommittee on Resolutions, I move for its adoption. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Please tell me nobody wants that reread. (Laughter) No discussion? All in favor? Opposed? Carried.

[This resolution was rejected. See discussion on pages 149-150.] Resolution No. 24: Establish Cold War Victory Medal Origin: Resolution No. 3 (DC) 2010 Natl. Conv. Submitted by: National Security Commission WHEREAS, The United States Armed Forces engaged the forces of International Communism continuously from the end of World War II until the disintegration of the former Soviet Union; and WHEREAS, The United States, during this extended period, relied for its manpower on a national service Army, Navy, Air Force and Marine Corps made up of civilians performing their obligated duty to serve and defend the United States; and

74 Proceedings of Wednesday, October 13, 2010 WHEREAS, The defeat of the former Soviet Union and its Warsaw Pact Allies constituted the greatest success of American Armed Forces since the end of World War II; and WHEREAS, Many American citizens served the nation in assigned duties without receiving tangible recognition for that service; now, therefore, be it RESOLVED, By The National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That the American Legion urge the Congress to authorize and provide funding for the award of a Cold War Victory Medal to all Armed Forces members who served on active duty during the period 3 SEP 1945 through 26 DEC 1991 thereby commemorating service in the Cold War to eliminate the threat of a determined enemy to overpower freely elected democracies of the world.

RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: Resolution 24 has the approval of the National Security Commission, and your Subcommittee on Resolutions. I move for its adoption. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried.

Resolution No. 25: Extend Selective Service Program to Women Ages 18-25 Origin: Resolution No. 257 (IL) 2010 Natl. Conv. Submitted by: National Security Commission WHEREAS, The American Legion has given long-standing support to universal military training; and despite the success of the All-Volunteer Force, Selective Service registration continues to serve as our defense manpower insurance policy; and WHEREAS, The American Legion affirmed their support by passing resolution No. 112 at its annual convention in Phoenix Arizona in 2008; and WHEREAS, Of the current 23.8 million veterans alive today, 7.5% are female; and WHEREAS, Females make up over 10% of the active duty forces in the United States, 9% in Britain, 12% in Australia and 19% in France; and WHEREAS, The Dept. of Defense has recognized their value by opening a majority of Military Occupational Specialties (MOS's) to them; and WHEREAS, Each year we see an increase in female membership in the American Legion; and WHEREAS, In the last several decades females have made great strides in obtaining equality with males in jobs, salaries, politics and other areas; and WHEREAS, If a national emergency arose, females would be as willing as their male counterparts to serve their country; now, therefore, be it RESOLVED, By The National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That The American Legion shall sponsor and support legislation to change the Selective Service Registration Program to include registration of females between the ages of 18-25 years old.

RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: Resolution 25 has the approval of the National Security Commission and your Subcommittee on Resolutions, and I move for its adoption. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried.

Proceedings of Wednesday, October 13, 2010 75

Resolution No. 26: National Security Principles Origin: Resolution No. 123 (MD) 2010 Natl. Conv. Submitted by: National Security Commission WHEREAS, Over two centuries ago, our distinguished forefathers wrote the Preamble to the Constitution which began with the words: "We the People" shall "provide for the common defense..." and by so doing, they established the principle that protecting our nation from hostile threats was the fundamental purpose of the Government of the United States; and WHEREAS, The American Legion since its founding in 1919 has always supported a strong national defense which is reflected in its own Preamble to the Constitution, namely, "To uphold and defend the Constitution of the United States of America," and "to inculcate a sense of individual obligation to the community, state and nation"; and WHEREAS, Although the threat posed by the former Soviet Union is diminished, the United States is faced with a myriad of short and long term threats and challenges which are far more complex, perplexing and difficult to deal with than was the more predictable and unified threat posed by the former Soviet Union; and WHEREAS, It is urged that the Department of Defense conduct a global posture review; and WHEREAS, Although the two-war National Security Strategy has been amended, the Armed Forces are fighting the war on terrorism, maintaining homeland security and conducting peace enforcement operations with a reduced strength of 1.5 million and active military force structures composed of only 10 Army Divisions, 11 active Navy aircraft carriers and 13 Air Force fighter wing equivalents; now, therefore, be it RESOLVED, By The National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That The American Legion upholds the following national security principles as fundamental to the best interests of the United States: 1. The National Security Strategy needs to be reassessed so that missions and resources are more closely aligned; 2. The credibility of the United States in an unstable world needs to be maintained by retaining the requisite military capabilities to deal with actual and potential threats; Such a strategy requires that the Armed Forces be more fully structured, equipped and budgeted to achieve this strategy; Active and reserve military end strengths should be increased to an absolute minimum of 2.1 million for the foreseeable future; At least 18 full-strength Army Divisions or 72 Brigade Combat Team equivalents, an enlarged Special Operations Force, 11 deployable Navy aircraft carrier battle groups, 3 or more Marine Corps Expeditionary Forces with sufficient organic air support, and 13 or more active Air Force fighter wing equivalents should be retained as the minimum needed baseline foundation; 3. Defense budgets should be funded to at least 4 percent of Gross Domestic Product (GDP) during time of peace, 5 percent during time of war; 4. The National Guard and Reserves must be realistically manned, structured, equipped, trained, fully deployable and maintained at high readiness levels and not over-utilized in order to accomplish their increasing and indispensable missions and roles in our national defense;

76 Proceedings of Wednesday, October 13, 2010 5. Peacetime Selective Service registration should be retained so as to maintain our capability to rapidly reconstitute forces in the event of emergencies or war; 6. Force modernization for the Services needs to be realistically funded, and not further delayed, or the United States is likely to unnecessarily risk American lives in the years ahead; Production of airlift and sealift assets needs to be expedited; 7. The American people expect that whenever U.S. forces are committed, that they will be committed only when America's vital national interests are threatened and only as a last resort after all reasonable alternatives have been explored and tried; 8. The support of peacekeeping, peace enforcement, peace-making and humanitarian operations as they are becoming more frequent and necessary in waging the sustained war on terrorism; 9. The honorable nature of military service should be upheld as it not only represents fulfillment of American patriotic obligation but is also a privilege and responsibility that embodies the highest form of service to the nation; 10. The United States Government must honor its obligations to all service members, veterans, military retirees and their families, and lasting compensations and incentives should be equitable; 11. Major incentives for military service should include an enhanced GI Bill for education and training, improved quality of life features, and a reduced operational tempo in order to recruit and retain a quality and fully-manned force which is professionally-led; 12. Urge the United States Government to retain the necessary deployed forces worldwide to accomplish both short-term as well as long-term commitments and contingencies.

RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: Resolution 26 has the approval of the National Security Commission, and your Subcommittee on Resolutions. I move for its adoption. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried.

Resolution No. 27: Establish A Strategic Plan For Internal Security Within The United States Origin: National Security Commission Submitted by: National Security Commission WHEREAS, The American Legion has always recognized the importance of investigations that expose the truth about subversive activities that may harm or seek to destroy our constitutional government; and WHEREAS, The Central Intelligence Agency and the Federal Bureau of Investigation, both security agencies of this nation, perform functions essential to the maintenance of our national security; and WHEREAS, The American Legion supports the thorough background investigation of all applicants for federal employment to expose possible links to subversive activities or membership in subversive organizations that contribute to the weakening of the internal security of the United States; now, therefore, be it RESOLVED, By the National Executive Committee of the American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That The American Legion urges the President and the Congress of the United States to

Proceedings of Wednesday, October 13, 2010 77 immediately take such action as may be appropriate and necessary to effectively fund and staff federal intelligence and security agencies at a level that will help protect the United States from foreign espionage, organized crime, terrorism and subversive activities; and, be it finally RESOLVED, That The American Legion urges the President and the Congress of the United States to approve legislation and take executive action as necessary to deny subversive individuals or groups the ability to infiltrate and subsequently destroy our government agencies and institutions through federal employment.

RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: Resolution 27 has the approval of the National Security Commission and your Subcommittee on Resolutions. I move for its adoption. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: Commander, attached to this report is Addendum A. I move the action of the National Security Commission become the action of the National Executive Committee. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. Thank you, Dan. At this time we'll hear from the Children and Youth Commission, chairman from Florida, Dennis R. Boland.

Oral Report: National Children and Youth Commission Dennis R. Boland, Florida, Chairman

Mr. Commander, NEC and guests. The National Commission on Children and Youth met at the Sheraton Hotel on Monday and Tuesday, October 11-12, 2010. The commission examined our Children and Youth materials and the "Make a Halloween a Safe and Fun Night" continues to be our most popular publication, with 256,317 brochures distributed to posts, units, squadrons and individuals during the 2009-2010 year. In total, during this period, the commission distributed over 987,000 brochures and certificates to assist posts serving the children of their community. As of October 10th, the Temporary Financial Assistance program has processed 582 cases, granted $372,156 and assisted 1,047 children of veterans. For the 2009-2010 Children and Youth program year including contributions to The American Legion Child Welfare Foundation, the posts, squadrons, units and departments of The American Legion and affiliated organizations reported over $17.4 million in expenditures and contributions. The fourth annual Children and Youth Conference was held on September 17th to the 19th, educating 101 Legion family representatives from 49 Departments on current children's issues, and the program of the National Commission on Children and Youth. Participants are now equipped with the resources for conducting Children and Youth programs and conferences within their own department. Next year the conference will be held September 16th to the 18th for what promises to be another informative weekend. On Sunday, The American Legion Child Welfare Foundation awarded $666,670 to 21 nonprofit children’s organizations. Summaries of these grants are contained in your written report . Since 1954 the foundation has given out over $11 million in grants. Normally I don't read the grantees, but I would like to read the list of grant recipients so you know who received a grant. The American Academy of Pediatrics of Elk Grove Village, Illinois, received $14,725. American Legion Children's Home of Ponca City, Oklahoma received $44,000. The Child Find of America, Incorporated, of Highland, New York was awarded $45,000. Children's Organ Transplant Association of Bloomington, Indiana was awarded $46,500. Cornelia de Lange Syndrome Foundation of Avon,

78 Proceedings of Wednesday, October 13, 2010 Connecticut was awarded $22,295. Father Flanagan's Boys Home, doing business as Boys Town of Boys Town, Nebraska, was awarded $62,000. Georgia State University Research Foundation, Incorporated of Atlanta, Georgia, was awarded $28,900. The Kansas Braille Transcription Institute Incorporated of Wichita, Kansas was awarded $6,500. Make A Wish Foundation of American from Phoenix, Arizona was awarded $31,572. Mercy Flight Southeast Incorporated of Leesburg, Florida was awarded $10,000. The National Autism Association of Nixa, Missouri was awarded $50,000. The National Braille Press of Boston, Massachusetts was awarded $13,270. The National Court Appointed Special Advocate, CASA, of Seattle, Washington was awarded $49,000. The National Marfan Foundation of Port Washington, New York was awarded $25,000. The National Meningitis Association, Incorporated of Atlanta, Georgia was awarded $40,000. The National Organization for Youth Safety of Gainesville, Virginia was awarded $25,000. Our Military Kids of McLean, Virginia was awarded $50,100. Songs of Love Foundation of Forest Hills, New York was awarded $25,000. The American Legion of Fultondale, Alabama was awarded $12,000. The National Children's Cancer Society, NCCS, of St. Louis, Missouri, was awarded $25,000. And the Young Marines of Washington, D.C. was awarded $40,800. I would like to thank our national commander who has taken the Child Welfare Foundation as one of his projects this year, and it is indeed an honor to be able to serve as your president of the Foundation, and also the national chairman of the Children and Youth Commission. I would like to thank the staff. Deputy Director Bob Caudell, Assistant Director Jason Kees, and Director of the Americanism and Children and Youth, Jill Druskis, for making my job so easy. Mr. Commander and members of the National Executive Committee, the commission thanks you for your continued support, and this concludes my report.

Report: Commission on Children & Youth Dennis R. Boland, Florida, Chairman October 13 - 14, 2010

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 11 - 12, 2010. The meeting was convened at 9:00 a.m. and the roll was taken. Following opening remarks, the minutes of the National Convention meeting were approved. Since 1999, The American Legion has contributed nearly $25 million for Children’s Miracle Network (CMN). These funds are used by Children’s Miracle Network hospitals to best serve the specific needs of children in their respective communities. During the 2010-2011 program year, the Commission encourages all Legion Family members to participate in community-based fundraising efforts in support of Children’s Miracle Network hospitals. American Legion Posts are encouraged to target their CMN fundraising efforts during the month of April. “April is Children & Youth Month” and provides an excellent opportunity for a post to support two programs at once. As a fundraising partner of Children’s Miracle Network, The American Legion helps touch the lives of 17 million children across America each year.

Materials Update

The Commission examined children & youth areas of concern, annual programs and children & youth materials. The “Make Halloween a Fun and Safe Night” continues to be the most popular publication with nearly 256,317 brochures distributed to posts, units, squadrons and individuals during the 2009 – 2010 program year. This unique brochure

Proceedings of Wednesday, October 13, 2010 79 educates those children and parents choosing to participate in Halloween “trick-or- treating” about potential safety hazards and informs them how to avoid them. During the 2009 – 2010 program year, the Commission distributed 987,242 free brochures and certificates to assist posts in serving the children of their communities. As per Commission request, the staff continues to review and revise the Legion’s children & youth brochures to ensure timely, pertinent and accurate information.

Temporary Financial Assistance

Commission members received a report on the Temporary Financial Assistance (TFA) program illustrating the positive impact the Legion has on veterans and their families. During the 2009 – 2010 program year, the National Organization approved cash grants totaling over $468,063. These funds were used to help maintain the basic (shelter, utilities, food, and clothing) and medical needs of 1,242 children of eligible veterans located in communities throughout this nation. For 2010, grants totaling $372,156.52 have been awarded benefitting 1,047 children.

Annual Children & Youth Conference

The fourth annual national Children & Youth Conference was held on September 17-19, 2010 at the Sheraton Hotel in Indianapolis. This conference educated 101 Legion family representatives from 49 Departments on current children’s issues and the programs of the National Commission on Children & Youth. Conference participants learned practical implementation strategies for the programs presented and are now equipped with the resources for conducting children & youth programs and conferences within their own respective Departments. As our children and youth programs work best due to a concerted effort from all members of the Legion family, please encourage the Children & Youth representatives from your Auxiliary and SAL to consider joining us next year for what promises to be another informative weekend.

Children & Youth Expenditures & Contributions

Annually, as it has for the past 87 years, the Commission on Children & Youth records activities from the more than 14,000 Posts of The American Legion, 9,000 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. For the 2009 – 2010 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 $17,479,064 in expenditures and contributions.

American Legion Child Welfare Foundation, Inc.

The American Legion Child Welfare Foundation, in its 56th year, has awarded $666,670 to 21 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 10, 2010. The following is a brief summary of the grants awarded this year: American Academy of Pediatrics (AAP) of Elk Grove Village, Illinois was awarded $14,725 for their project, “Pediatrics Journal-Military Supplement.” This grant will produce a supplement to the AAP's Pediatrics journal to provide pediatricians with an

80 Proceedings of Wednesday, October 13, 2010 overview of the role of the pediatrician in military medicine. The Role of the Pediatrician in Military Medicine will be published and distributed to 70,000 subscribers. American Legion Children’s Home of Ponca City, Oklahoma was awarded $44,000 for their project, “American Legion Children’s Home National Awareness Initiative Phase III.” This grant will allow maintaining a website, duplication of a 6 minute documentary, print thousands of brochures and purchase new display materials. Child Find of America, Inc. of Highland, New York was awarded $45,000 for their project, “Parent Help for Military Families Information and Outreach Project.” This grant will fund the production and dissemination of Parent Help information and outreach materials targeted to U.S. Military Dads and Moms. Children’s Organ Transplant Association (COTA) of Bloomington, Indiana was awarded $46,500 for their project, “One Million Miracles Initiative.” This grant will update, produce and distribute COTA publicity materials, including public service announcement and targeted communications resources. Cornelia de Lange Syndrome Foundation (CdLS) of Avon, Connecticut was awarded $22,295 for their project, “Cornelia de Lange Syndrome Information Clearinghouse.” This grant will create a CdLS Information Clearing house, providing a high-level of current, relevant information to parents and professionals. Father Flanagan’s Boys Home dba Boys Town of Boys Town, Nebraska was awarded $62,000 for their project, “Boys Town National Hotline Public Service Announcement.” This grant will develop, produce and distribute an additional teen television PSA in 2011. Georgia State University Research Foundation, Inc. of Atlanta, Georgia was awarded $28,900 for their project, “Home Safety at Your Fingertips: the iSafety Program.” This grant will produce an interactive iPhone app that will teach parents via video, audio, pictures, and interaction to locate home hazards and remove them. Kansas Braille Transcription Institute, Inc. of Wichita, Kansas was awarded $6,500 for their project, “Red, Sight and Blue, I Can ‘See’ Her Too.” This grant will produce and distribute 1,000 packets of educational information of the U.S. Flag and the Tactile/Braille American Flag to blind students in grades K-12 throughout the United States by way of the National Organization of Parents of Blind Children. Make-A-Wish Foundation of America of Phoenix, Arizona was awarded $31,572 for their project, “Branding the Adopt-A-Wish Program.” This grant will create promotional materials that will enable Make-A-Wish to promote the Adopt-A-Wish program to donors and potential donors. Mercy Flight Southeast, Inc. of Leesburg, Florida was awarded $10,000 for their project, “Project Outreach USA.” This grant will produce promotional materials to health facilities informing them of the services provided by Mercy Flight when planning long distance health care with families. National Autism Association of Nixa, Missouri was awarded $50,000 for their project, “Autism Safety Toolkit.” This grant will produce the Autism Safety Toolkit and make it available to families free of charge to help them protect their children and prevent future wandering incidents. National Braille Press of Boston, Massachusetts was awarded $13,270 for their project, “Literacy Guides for Sighted Parents of Blind Children.” This grant will produce two guides for sighted parents of blind children that teach them about the importance of literacy, Braille, and tactile graphics, and how to introduce them to their children. National Court Appointed Special Advocate (CASA) of Seattle, Washington was awarded $49,000 for their project, “Flex Training – A Blended Approach to Preservice CASA/GAL Volunteer Training.” This grant will develop a Flex Training Pre-Service Curriculum that will enable prospective volunteers to obtain over half of their needed training online.

Proceedings of Wednesday, October 13, 2010 81 National Marfan Foundation of Port Washington, New York was awarded $25,000 for their project, “‘The Marfan Question’ Web Based Video Series for Children and Teens.” This grant will produce thirty to forty short (2 to 5 minute) easily accessible online videos about the diagnosis and management of Marfan syndrome and related connective tissue disorders. National Meningitis Association, Inc. of Atlanta, Georgia was awarded $40,000 for their project, “They Think They’re Invincible; You Know They’re Not.” This grant will provide a direct-to-parents postcard mailing and radio public service announcements in two additional states. National Organizations for Youth Safety of Gainesville, Virginia was awarded $25,000 for their project, “Youth Empowered Community Engagement to Prevent Distracted Driving.” This grant will produce a youth engagement guide addressing youth traffic safety. Our Military Kids of McLean, Virginia was awarded $50,100 for their project, “Informational Video and Brochures.” This grant will create a video and information brochures that can be used to promote the organization to prospective grantee families and prospective donors. Songs of Love (SOL) Foundation of Forest Hills, New York was awarded $25,000 for their project, “Songs of Love Outreach Project.” This grant will produce and distribute 20,000 Songs of Love brochures and updated SOL website. The American Legion of Fultondale, Alabama was awarded $12,000 for their project, “The Crippled Lamb Program.” This grant will allow The American Legion to purchase copies of "The Crippled Lamb" for the pediatric units in Alabama hospitals. The National Children’s Cancer Society (N.C.C.S.) of St. Louis, Missouri was awarded $25,000 for their project, “Beyond the Cure (BTC).” This grant will create a video to educate and inspire childhood cancer survivors to embrace the future-to recognize their conquests and to successfully handle the challenges ahead of them. Young Marines of Washington, DC was awarded $40,808 for their project, “‘Red Ribbon’ Project.” This grant will enable the Young Marines to expand their Drug- Demand Reduction program kits to youth in more than 300 communities.

Resolution

Resolution: Rescind Resolution No. 10, NEC, May 1997 SPINOZA’s “Buddy Bear Project” It has come to the attention of The American Legion that The Spinoza Company of Cornucopia, Wisconsin is no longer responding to customer inquiries to purchase its products. The Children & Youth Commission feels that The American Legion should not lend its support to an organization that does not hold customer service as a priority. The Children & Youth Commission recommends the approval of this resolution. Mr. Commander, and members of the National Executive Committee, this Commission thanks you for your continued support. Working together, we will continue to make a difference in the lives of young people across this nation. As one of the four pillars of this great organization, the National Commission on Children & Youth has been so tasked from our beginning, and we remain unwavering in our commitment to ensure a safe and healthy future for our nation’s greatest natural resource -- our children & youth.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, motion to receive and file the report of the National Children and Youth Commission, with the exception of one resolution. There is no addendum. …Second. NATIONAL COMMANDER FOSTER: You've heard the motion and the second. Any discussion? Mr. Comer.

82 Proceedings of Wednesday, October 13, 2010 PAST NATIONAL COMMANDER COMER: Comrade Commander, what we heard from the national staff last year, Massachusetts received an award to Marlboro, Massachusetts, and we believe it’s the first time it's been done, and I feel it should be done more often. These are large awards. These are good awards. Good PR for us. In the past we have received the award and the check would be sent to that organization. We asked that the check to be sent to us, which it was. We contacted the outfit that received the award, invited them to the National Commander's Dinner as our guest, and in front of over 500 members of Massachusetts, presented the check and let them know what the Child Welfare Foundation was all about. I believe we just start that principle. I started that in ANAVICUS where we have 8,000 scholarships. The scholarships used to be sent out to the kids of the college, and where appropriately we've done it; they send the scholarship and the donations to the NECman as I did in New Hampshire and I believe it's down in South Carolina, and they went to the individual and presented the award. Let them know what The American Legion is all about and what we're doing. We are our own worst enemies. Send the checks to the states and let them present the awards. NATIONAL COMMANDER FOSTER: Your point is well taken, commander. Any further discussion? All in favor? Opposed? Carried.

Resolution No. 10: Rescind Resolution No. 10 SPINOZA’s “Buddy Bear Project” Origin: Commission on Children & Youth Submitted by: Commission on Children & Youth WHEREAS, The American Legion adopted Resolution No. 10 of the National Executive Committee, May 1997, establishing participation in SPINOZA’s “Buddy Bear Project”; and WHEREAS, It has come to the attention of The American Legion that The Spinoza Company of Cornucopia, Wisconsin is no longer responding to customer inquiries; and WHEREAS, The American Legion will not lend its support to an organization that does not hold customer service as a priority; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That The American Legion rescind Resolution No. 10, NEC, May 1997 titled SPINOZA’s “Buddy Bear Project.”

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This has the approval of your National Children and Youth Commission, your Subcommittee on Resolutions, and I so move for its adoption. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. Thank you, Dennis. Any donations to the Child Welfare Foundation? ...At this time National Vice Commander Orria-Medina assumed the Chair. DEPARTMENT COMMANDER MACDONALD (MA): Commander, on behalf of the Department of Massachusetts, we would like to present to you checks totaling $5,159, and we hope to have many home when you come see us. (Applause) NATIONAL COMMANDER FOSTER: Anybody else? No more takers. Okay. Thank you. ...At this time National Commander Foster resumes the Chair. Next we'll hear from the Veterans Affairs and Rehabilitation Commission chairman from Nebraska, Michael D. Helm.

Proceedings of Wednesday, October 13, 2010 83 Oral Report: Veterans Affairs and Rehabilitation Commission Michael E. Helm, Nebraska, Chairman

Mr. Commander, members of the NEC, fellow Legionnaires and guests. The National Veterans Affairs and Rehabilitation Commission met October the 11-12, 2010. We were pleased to have Past National Commanders Detweiler and Conley as guests to our meeting. We acted on eight resolutions, and we bring five forward. Two of those have already been approved, and the other three are for your consideration and approval and an addendum. As usual, the VA&R Division remains a very busy place. I would like to highlight a few of the division's efforts. Testimony was presented 34 times on legislative matters. In the area of claims, several changes with claims and laws governing those changes have been implemented. We continue to advocate for an adjustment of the new PTSD regulations that would include personal and sexual trauma. Visits to the regional offices will assess quarterly, timeliness and accuracy of the recently adjudicated Legion claims. The result of these visits will be compiled into a large report or book giving us a bird's eye view of issues that need to be addressed. The System Worth Saving Task Force has generated a publication to reflect the mandate of Resolution 206, "The Annual State of VA Medical Facilities." I think you will find this new improved version a good source of information. We are receiving calls of much interest from members of Congress. In 2011 we will be focusing on mental health care. Specifically, efforts to research, screen, diagnose, and treat traumatic brain injury and post traumatic stress in order to prevent suicides. In addition, we will be visiting Walter Reed and VA's Polytrauma System of Care to report on service members’ transition. We will be inviting members of Congress, department commanders and adjutants to join us on site visits this year. My written report of the System Worth Saving Task Force goes into more detail. I encourage you to read this, and also ask you to become involved to ensure that visits to medical facilities in your departments are successful and report on issues identified by members of your department. Thank you very much in advance for your help. Lastly, I would like to report that we continue to see increases in the number of volunteers and volunteer hours. There were 58 new regularly scheduled volunteers in 2010, for a total of 6,365 regularly scheduled volunteers. Additionally, there was an increase of 27,231 hours in 2010, for a total of 943,829 hours. This year, based on an independent sector volunteer rate of $20.85 per hour, this is a total cost savings of close to $20 million. We continue to serve those who served, and ask that you promote volunteerism in your department. Mr. Commander, the VA&R Commission members are excited about following your leadership as we continue to improve veterans’ health care and veterans’ resources. I would at this time like to recognize the VA&R Washington staff who do an outstanding job on behalf of all veterans. They are Barry Searle, director; Verna Jones, deputy director for claims, and Jacob Gadd, deputy director of health care. Would you all please stand. (Applause) Mr. Commander, this concludes my report.

84 Proceedings of Wednesday, October 13, 2010 Report: Veterans Affairs and Rehabilitation Commission October 13-14, 2010 Michael D. Helm, Nebraska, Chairman

The National Veterans Affairs and Rehabilitation Commission met on October 11- 12, 2010, at the Sheraton- Panorama B, 21st Floor for the purpose of considering those matters that had previously been referred for study and to discuss other current matters. Presiding: Michael D. Helm (NE), Chairman. Present at the meeting were: Michael D. Helm (NE); Douglas Wooddell (CO); Marty R. Goley (KY); K. Robert Lewis (CT); Don E. Mathis (TN); H. Melvin Napier (ID); Pat Phillips (GA); Jerry B. Rivers (TN) Edward J. Roach, Jr. (ME); Wendall J. Sandell (PA); Larry W. Moore (IL); James H. Hales (PA). Also in attendance were Charles Wessinger (GA), NECman; Henry Long (OH); Robert Gosa (MS); Margaret Folk (NY) and Bill Roy (NH). Veterans Affairs and Rehabilitation Division staff members present were: Barry A. Searle (PA), Director; Verna L. Jones (NC), Deputy Director for Claims and Jacob B. Gadd (DC), Deputy Director for Health Care.

Matters Received, Considered And Acted Upon By The Commission:

Resolutions

Your Subcommittee considered eight (8) resolutions. One (1) resolution was referred for consideration by the 2010 National Convention. One (1) resolution was referred for consideration by the 2009 National Convention. Two (2) were referred from the Department Executive Committee. Five (5) were forwarded to the National Executive Committee for adoption:

(Origin: Reg. Res. 2649 (NY)) Support Legislation to Increase the Income Threshold of a Veteran Married to Another Veteran to Two Times the Financial Means Test for Enrollment into the VA Health Care System (Origin: VA&R) Agreement with the National Veterans Legal Services Program (NVLSP)-2010 (Origin: VA&R) Veterans of Valor (Origin: VA&R) The American Legion Conducts a Needs and Issues Survey of Women Veterans (Origin: VA&R) Creation of Ad Hoc Committee on Traumatic Brain Injury (TBI)

The Commission then discussed the following issues:

VA&R Legislative Update

The VA&R Division had an extremely busy legislative season this summer. We testified on 34 different occasions on topics ranging from quality over quantity in processing veterans’ claims, to violation of cleaning procedures at the St. Louis VA Medical Center to advancing the American Legion’s position on the Department of Veterans Affairs taking over Arlington National Cemetery. Success in this legislative season were the passage of the “Gold Star Parents Bill” S. 1450, and the introduction of several new bills such as H.R. 5993, SAVINGS Act, to address issues with the

Proceedings of Wednesday, October 13, 2010 85 administration of SGLI funds. VA&R continues to aggressively support the National Commander’s priorities in promoting veterans preference in hiring, elimination of homelessness among veterans, and equitable access to the VA Health care system.

Claims Update There have been a number of changes with claims and the laws that govern those changes. The new PTSD Regulation that was published relaxes the VA's requirement to prove the stressor requirement. We are still in the process of advocating for adjustments to this regulation that will include PTSD for personal and sexual trauma. We are also questioning the requirement that a VA doctor has to make the diagnosis. Three new conditions have been added to the AO list of presumptive conditions. Those conditions are B-cell leukemias, such as hairy-cell leukemia; Parkinson's disease; and ischemic heart disease. We are in the process of beginning a project with NVLSP and Hewlett Packard. This project will allow HP through training from NVLSP to scan pertinent documents from the appeals folders and write a screening memo. This memo will be reviewed by The American Legion BVA reps in an effort to condense the time it takes to review the folder to write the brief. We are conducting QR visits of the ROs to assess quality, timeliness and accuracy of the adjudication of recently adjudicated TAL claims. We will conduct those visits 2 per month until August 2011. At the completion of the visits we will publish those reports in our Regional Office Action Review book (ROAR). These visits will give us a bird’s eye view of what issues need to be addressed and what avenues we need to make suggestions and offer avenues to resolve those issues.

System Worth Saving Update In FY 2003, The American Legion developed the System Worth Saving Program which conduct site visits to VA Medical Centers nationwide. The System Worth Saving Task Force Members, which are appointed annually by the National Commander accompany National Field Service Representatives to these site visits to assess the state of VA health care as a system, as mandated by Resolution 206, "Annual State of VA Medical Facilities." . Reports generated from these visits are compiled into a publication that is reported to the White House and Members of Congress on the quality and timeliness of VA health care. In 2010, the System Worth Task Force visited 32 VA Medical Center facilities and found concerns with the Veterans Health Administration (VHA) budget delays, shortage of medical providers, quality of care and hiring veterans. The System Worth Saving publication’s design specifications were also enhanced in 2010. The new design has in-design page layouts, full color, pictures, glossy stock and perfect bound binding. Previously, the guide had Microsoft Word page layouts, a black and white interior, copy paper and saddle stitch. Also, a new logo and tagline “Ensuring Quality Health Care for Veterans” to add clarity to the purpose of the System Worth Saving Task Force. The 2011 report will follow up on last year’s concerns as well as focus on VA Mental Health Care; specifically, efforts to research, screen, diagnose and treat Traumatic Brain Injury (TBI) and Post Traumatic Stress (PTS). The System Worth Saving Task Force will also include a special report in the publication on Service Members’ Transition of Care from the Department of Defense (DoD) into the Department of Veterans Affairs (VA). A letter to Department Adjutants was sent in September 2010 requesting the Department’s assistance in providing the top five current concerns or problems with their state’s VA Medical Center facilities. Veteran related issues throughout the VA healthcare system are discovered and researched through many resources; however, the most

86 Proceedings of Wednesday, October 13, 2010 effective way is through input from local districts, posts and members that routinely utilize the VA Medical Center for their care. During the site visits in 2010-2011, the System Worth Saving Task Force will send a letter of invitation to the Department Commanders requesting they, the Department Adjutant, Department Service Officer or their Department designee to accompany the National Staff (Field Service Representative) and National Commander’s appointed Task Force Member on the visit. The presence of local representation provides invaluable insight into issues encountered by veterans in the local community and we hope the Departments will participate in the site visits during the coming year. In addition, the System Worth Saving task force will be inviting Members of Congress on site visits that fall within their districts. The Legislative Division will be assisting in this effort by sending invitation letters to Members of Congress and confirming their attendance. Media Relations will be sending local media advisories to VA Medical Center areas two days prior to our 2011 site visits. System Worth Saving Task Force Members and Field Service Representatives have been provided with message points if they are asked to conduct any interviews. The SWS Task Force also suggested having National Commander Foster attend one of the site visits. Lastly, the Health Care Policy Division is creating a Health Care Web Center on the National website which will have health care benefits information and System Worth Saving Program information (i.e. Mission, Task Force Members Bios/Pictures, Field Service Representative Bios/Pictures and the 2011 Schedule of Site Visits).

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, I make a motion to receive and file the report of Veterans Affairs and Rehabilitation, with the exception of three resolutions and one addendum. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried.

Resolution No. 11: Rescind Resolution 26, NEC October 2009  Service On Veterans Of Valor’s Board of Directors Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, Veterans of Valor is a 501(c)(3) nonprofit organization dedicated to assisting and supporting service members who have been severely wounded in combat during their recovery, rehabilitation and reintegration into civilian or military life; and WHEREAS, At the 2009 Fall National Executive Committee (NEC) meetings, The American Legion approved Resolution 26, Service on Veterans of Valor’s Board of Directors; and WHEREAS, Under the provisions of Resolution 26, two Legionnaires were appointed to Veterans of Valor’s Board of Directors to maintain an active advisory function with Veterans of Valor’s strategic efforts to ensure transitioning wounded veterans were supported through mutual assistance by both organizations’ programs; and WHEREAS, The American Legion’s national leadership indicated that a permanent presence on the board of Veterans of Valor is no longer necessary; and WHEREAS, The American Legion continues to support Veterans of Valor through Resolution 108, approved by the 2009 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 13-14, 2010, That Resolution 26 of the October 2009 National Executive Committee is hereby rescinded.

Proceedings of Wednesday, October 13, 2010 87 RESOLUTIONS SUBCOMMITTEE MEMBER OWEN: This has the approval of the National Veterans Affairs and Rehabilitation Commission, your Resolutions Subcommittee. And I so move for its adoption. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried.

Resolution No. 12: Support Legislation To Increase The Income Threshold Of A Veteran Married To Another Veteran To Two Times The Financial Means Test For Enrollment Into The VA Health Care System Origin: Register Resolution No. 2649 (NY) Department Convention Submitted by: Veteran Affairs and Rehabilitation Commission WHEREAS, United States Code, Title 38 § 1722(b) authorizes income thresholds for veterans eligibility for VA health care benefits; and WHEREAS, Veterans enrolling in VA health care are authorized additional income thresholds for each dependent they have in qualifying for health care benefits; and WHEREAS, Currently a single veteran’s financial means test threshold is $29,402 or less, which has remained the same; and WHEREAS, Currently a veteran with one dependent financial means test threshold is $35,284, which has remained the same; and WHEREAS, A veteran with one dependent, with that dependent being a veteran eligible to apply for VA health care, the financial means test threshold is also $35,284 for financial test year 2009; and WHEREAS, A veteran married to a veteran, where both are eligible to enroll in VA health care, are penalized by the means test threshold by not having both of their honorable service recognized; now, therefore, be it RESOLVED, By The National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That The American Legion support legislation to amend Title 38, United States Code, Sections 1722(b) to increase the income threshold of a veteran married to a veteran by two times the financial means test of a single veteran for the financial test year applied for enrollment into the VA Health Care system.

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

NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried.

Resolution No. 13: Creation of Ad Hoc Committee on Traumatic Brain Injury (TBI) Origin: Veteran Affairs and Rehabilitation Commission Submitted by: Veteran Affairs and Rehabilitation Commission (As Amended) WHEREAS, Traumatic Brain Injury (TBI), the “Signature Wound” of the war in Southwest Asia, can be sustained not only from explosions but also from any incident involving a concussion to the brain; and WHEREAS, There is reason to believe that alternative treatment options exist for TBI and Post Traumatic Stress (PTS) which are not currently being adequately researched by the Department of Defense (DoD) or the Department of Veterans Affairs (VA); now, therefore, be it RESOLVED, By The National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That

88 Proceedings of Wednesday, October 13, 2010 The American Legion create an ad hoc committee to investigate the existing science and procedures as well as alternative methods for treating Traumatic Brain Injury (TBI) and Post Traumatic Stress (PTS) not currently being employed by the Department of Defense (DoD) or Department of Veterans Affairs (VA) for the purpose of determining if such alternative treatments are practical and efficacious; and, be it finally RESOLVED, That the National Commander has the authority to add to or remove members from the ad hoc committee so long as it does not negatively impact the committee’s ability to prepare a preliminary report for the consideration of the NEC at its May 2011 meeting for the purpose of making such recommendations as it deems appropriate.

RESOLUTIONS SUBCOMMITTEE MEMBER OWEN: This has the approval of your National Veterans Affairs and Rehabilitation Commission, your Subcommittee on Resolutions, and I move for its adoption. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and a second. Any discussion? Past National Commander Detweiler. PAST NATIONAL COMMANDER DETWEILER: I move to offer an amendment to the resolution to the first Resolved Clause following "Traumatic Brain Injury, TBI," I would add "and Post Traumatic Stress, PTS." And I would offer that amendment in the second Resolved Clause because of the time constraints and the amount of material that's going to be involved in this effort, that in the second line, I would add the word "preliminary" in front of the word "report," to prepare a preliminary report for consideration of the NEC at its May, 2011 meeting for purposes of making such recommendations as deemed appropriate. NATIONAL COMMANDER FOSTER: Is that a motion? PAST NATIONAL COMMANDER DETWEILER: I make that in the form of a motion. ... Second. NATIONAL COMMANDER FOSTER: Any discussion on the amendment? All in favor? Opposed? Carried. Now vote on the original resolution as amended. Any discussion? All in favor? Opposed? Carried. Hold up Bob. Since the passing of the resolution, I am going to name to the Ad Hoc Committee for the PTS/TBI: PNC Bill Detweiler; PNC Ron Conley; PNC Robert W. Spanogle; NEC Robert Owen who is the chairman of the VA&R Liaison Committee, and VA&R chairman, Michael Helm. Consultants and staff will be named at a later date. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: I move for the approval of the appointments of the national commander of this special ad hoc committee. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. RESOLUTIONS SUBCOMMITTEE MEMBER OWEN: Mr. Commander, there is an addendum to the VA&R Commission report, and I would move that the action of the National Veterans Affairs and Rehabilitation Commission become the action of the National Executive Committee. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried.

Proceedings of Wednesday, October 13, 2010 89 Addendum A: Resolutions Not Approved

Hold for Study Register Resolution No. 2648 (FR) (DEC): Oppose Eligibility Requirements of the American Recovery and Reinvestment Act 2009 Resolution No. 84 (WA) (2009 Natl. Conv.): Funding for Veterans Service Office at Auburn, Washington

Dispose of Administratively Resolution No. 189 (NY) (2010 Natl. Conv.): New Cemetery Be Built in New York State

NATIONAL COMMANDER FOSTER: Thank you, Michael. Good job. At this time we'll call on the Internal Affairs Commission chairman from the state of Illinois, Larry J. Besson.

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

Thank you very much, Commander. Members of the National Executive Committee, my fellow Legionnaires, ladies and gentlemen. You have a report of our actions and deliberations. I commend it to your attention. I want to take just a few minutes to hit the highlights of my report. You will hear from your National Membership chairman, Dale Barnett, in a few minutes for our membership update. The national commander of the Sons of The American Legion, David Dew from Texas reported on a meeting of the SAL NEC which took place this past weekend in Indianapolis. I draw your attention to the SAL accomplishments for 2010 listed in my report. What a fantastic job they’ve done again this year. As far as membership, the Sons are on track for another great year. This indeed is an outstanding report and we are truly proud of their accomplishments. Our NEF is in good shape. We currently have $2.3 million available in the fund to help our members and families impacted by natural disasters. Once again, we have received great support from our members, our posts, our departments as far as donations to assist our members and families in need. We are proud to assist our members and their families’ immediate assistance when they need that assistance. A few years ago, this body passed a resolution that established a very unique association between The American Legion and Team Johnson Motorsports with The American Legion Racing Program. This program was established at no direct cost to the national organization. We are fortunate to have a great sponsorship by the David Law Firm, who has funded the team for two years, and the team is working with them for the year's sponsorship. I am pleased to report that Car 76 and Jarret Johnson finished 18th out of 96 cars this year. I think that deserves a hand for our racing team. (Applause) ARCA has developed a special relationship with Jarret, Legion Racing and car 76. They are looking at possible events this next year with the Legion Riders after the experiences they had this year at Pocono with the Pennsylvania Riders and Legion Racing. We look forward to 2011. Internal Affairs has three resolutions for your consideration, including the resolution on the World War I Memorial that the NEC sent back to Internal Affairs for further study last spring. At Convention we received three more resolutions on this same subject. This is a total of nine different resolutions over the past three years received on this subject. The issue is which memorial should The American Legion support: The Liberty Memorial in Kansas City, Missouri, or the District of Columbia World War I Memorial

90 Proceedings of Wednesday, October 13, 2010 in Washington, D.C. on the National Mall. As I said, you asked Internal Affairs to restudy the resolution and we have done that. We considered the following in developing the resolution we submit: history of both memorials, policy of establishing national memorials outside of Washington, D.C., status of maintenance and a need to conduct fund-raisers, Congressional support, all the resolutions from the different departments submitted, and input from the three principal departments involved, Missouri, District of Columbia, and Maryland. It was determined by the commission that two basic principles should be in the resolution: support both memorials as national memorials and The American Legion national headquarters should not been involved in any fund-raiser to further enhance either memorial over and above the action already underway by the National Park Service to repair and bring up to standard the D.C. World War I Memorial. This resolution that you will review in a few minutes was written as such. Mr. Commander, I conclude my report, so I submit it for the action of the National Executive Committee with the deepest respect and appreciation for the support and encouragement we enjoy from this body. Thank you for your attention.

Report: Internal Affairs Commission October 13-14, 2010 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 11, and at 8:30 a.m., October 12, in 314A, National Headquarters, Indianapolis, Indiana. Currently in the National Emergency Fund there is $2.3M. We have given $54,000 in grants this year and received $172,101 in donations so far this year. I want to thank Ye Steivos for donating $2,568 to the National Emergency Fund during these meetings. The 2010-2011 Legion College will be held October 24-29, 2010. There are 56 students this year from 31 departments. 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

Harold D. Barnett (GA), Chairman of the Membership and Post Activities Committee updated the Internal Affairs Commission on the current status of membership, which included DMS, Renewals and traditional new starts. Both DMS and traditional new starts are doing well. We are on target to make the 210,000 new member recruitment goal of DMS and traditional new starts are running ahead of last year's total. We are running behind in traditional renewals and are slightly ahead on headquarters post renewals.

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.

II. PROGRAM REPORTS

Proceedings of Wednesday, October 13, 2010 91 Sons of The American Legion

Highlights of the Fall National Executive Committee Meeting

At the thirty-ninth National Convention in Milwaukee, Wisconsin there were 863 registered delegates, 24 alternates and 72 guests representing 51 Detachments. We received donations totaling over $75,882 from various Squadrons and Detachments. The breakout is as follows: $40,914 Child Welfare Foundation, $31,039 Children's Miracle Network, $3,179 National Emergency Fund and $750 for various programs. SAL membership goal for 2011 is 350,000 members. To attain this goal their membership committee has initiated a NASCAR themed membership campaign. Members who excel in recruiting members will receive special recognition. There were four resolutions from the National Convention for consideration. Two resolutions were received and filed. Two were recommended for approval and are attached.

Resolution No. Resolution Title Recommendation

NC 1-10 Grassroots Veterans' Advocate of the Year - Memorializing Resolutions Recommend Approval

NC 2-10 Endorsement of Bradley R. Schroenghamer (NM) for National Vice Commander (Midwest) Received and Filed

NC 3-10 Endorsement of Jeffrey M. Ryman (WV) For National Vice Commander (East) Received and Filed

NC 4-10 Change to the National Constitution of the Sons of The American Legion To appoint the National Chaplain Recommend Approval

Highlights of the Fall National Executive Committee Meeting

One hundred eighty two National Executive Committeemen, Alternates, Commission and Committee members attended the 2010 Fall National Executive Committee meeting representing forty-six Detachments. We also had twenty-eight guests, for a total of 210 attendees. The Member Training and Development Committee presented the Fifteenth Annual Detachment Commanders' National Instructional Institute. Thirty-one Detachment Commanders attended the Detachment Commanders conference on Saturday, October 9th. Two resolutions were presented to the National Executive Committee for consideration. They were recommended for approval and are attached. The resolutions presented and their disposition are as follows:

Resolution No. Resolution Title Recommendation

NEC1-F10 Child Welfare Foundation Donation of $1,000 in Memory of Past National Chaplain

92 Proceedings of Wednesday, October 13, 2010 Atwood Grandberry Recommend Approval

NEC2-10 Support of The American Legion Resolution No. 34 in Support of the Department of Defense "Don't Ask; Don't Tell" Policy Recommend Approval

Conclusion

The Sons of The American Legion is continuing to strive to assist The American Legion in all aspects. Our dedication to the veterans and their families can only strengthen our bond within the Legion Family. We will continue to ensure more productive, in-depth programs so that the Sons of The American Legion will become a stronger asset to The American Legion. The Sons of The American Legion will continue to work for the benefit of our veterans who helped make this country great and for the children who will help make this country even greater. There is increased participation within the Commissions and Committees of the SAL National Executive Committee from which further growth is projected. The war on terrorism, which has put our troops in harm’s way, has only strengthened Sons of The American Legion resolve to ensure the success of the programs of The American Legion Family.

Resolutions Internal Affairs Action on Assigned Resolutions

Approved and Forwarded to the Resolutions Subcommittee

Resolution No. 14 (Internal Affairs) Affirmative Consent For Transfer

Resolution No. 15 (Internal Affairs) Redesignate The Liberty Memorial and the District of Columbia WWI Memorial as National WWI Memorials

Resolution No. 16 (Internal Affairs) Change to the Sons of The American Legion National Constitution

Approved and forwarded to the Finance Commission

Resolution No. 8 (Internal Affairs) Bequest (Estate of William E. Smith) to The American Legion

Resolution No. 9 (Internal Affairs) Authorizing Withdrawal from Paid-Up-For Life Membership Trust for Administrative Expenses

Other Resolutions

Disposition of all other resolutions is addressed in Addendum A.

Proceedings of Wednesday, October 13, 2010 93 Conclusion

Thank you for your assistance and for giving us the opportunity to appear before you. Our commission is "Still Serving America.

Addendum A Report to Subcommittee on Resolutions Addendum B List of Sons of The American Legion Resolutions Addendum C 2010 Sons of The American Legion Accomplishments

Addendum A

Addendum A Report to Subcommittee on Resolutions

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

Rejected

Resolution No. 38 (OH) (2010 Natl. Conv.): Creation of an American Legion Men’s League Resolution No. 192 (TX) (2010 Natl. Conv.): Male Spouse Eligibility in the Sons of The American Legion

Disposed of Administratively

Resolution No. 249 (IL) (2020 Natl. Conv.): Establish World War I Monument Committee

Addendum B

Internal Affairs Commission Report to National Executive Committee The American Legion October 13-14, 2010

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 Convention, August 27-29, 2010 and National Executive Committee October 9-10, 2010.

Approved

Resolution SAL NC-1-10 Grassroots Veterans' Advocate of The Year Memorializing Resolution

94 Proceedings of Wednesday, October 13, 2010 Resolution SAL NC-4-10 Change to the National Constitution of The Sons of The American Legion to Appoint the National Chaplain (SAL)

Resolution SAL NEC 1-10 Child Welfare Foundation Donation of $1,000.00 in Memory of Past National Chaplain Atwood Grandberry (CA), Deceased

Resolution SAL NEC 2-F10 Support of The American Legion Resolution No. 34 (October 2009) in Support of the Department of Defense “Don't Ask Don't Tell" Policy

No.: NC 1 10 Title: Grassroots Veterans' Advocate of The Year - Memorializing Resolution Origin: Legislative Commission Whereas, The National Legislative Commission is concerned with the promotion and participation in the National Legislative Grassroots Advocacy Program, and: Whereas, The National Legislative Commission presents "The Grassroots Veterans' Advocate of The Year Award" at the National Convention, and; Whereas, The Grassroots Veterans' Advocate of The Year Award recognizes a member who has preformed outstanding services and made significant contributions of time and effort in Grassroots Veterans' Advocacy work, and; Whereas, George B. Evans, Past National Legislative Commission Chairman, helped establish the Grassroots Veterans' Advocate of The Year Award, and; Whereas, Past National Chairman, George B. Evans was a champion of the Legislative Grassroots Advocacy Program and was very active at all levels of the Legislative process from the local, district, state and national level, and; Whereas, George B. Evans demonstrated in words and deeds what a true Legislative Grassroots Veterans' Advocate truly is, now therefore be it; RESOLVED, by the Sons of The American Legion in National Convention assembled in Milwaukee, Wisconsin, August 27-29, 2010 that the Sons of The American Legion names of the Grassroots Veterans' Advocate of the Year Award" in memory of George B. Evans, and be it further; RESOLVED, that the George B. Evans Grassroots Veterans' Advocate of the Year Award will become effective at the 40th Annual National Convention of the Sons of The American Legion to be held in Minneapolis, Minnesota in August 2011.

No.: NC 4 10 Title: Change to the National Constitution of the Sons of The American Legion to appoint the National Chaplain Origin: Detachment of Maryland (as recommended by the Commanders Advisory Committee of the Sons of The American Legion Whereas, Our parent organization, The American Legion, currently appoints the National Chaplain and; Whereas, The appointment rather than election of the National Chaplain is a more prudent and efficient method to the proper administration of the National Organization of the Sons of The American Legion and; Whereas, The Chaplain shall perform such divine and non-sectarian service as shall be necessary adhering to the ceremonial rituals as may be prescribed; now therefore be it

Proceedings of Wednesday, October 13, 2010 95 RESOLVED, by the delegates assembled in Hunt Valley, Maryland at the Annual Convention of the Detachment of Maryland, Sons of The American Legion, on June 25,26,27,2010; and be it further RESOLVED, by the National Convention of the Sons of The American Legion assembled in convention sessions in Milwaukee, Wisconsin, August 27 - 29, 2010, that the National Constitution of the Sons of The American Legion be amended to read as follows: Article V, Section 7, "Section 7. All Past National Commanders of the Sons of The American Legion shall be delegates to the National Convention with vote to be exercised with their respective Detachments. The National Commander and National Vice Commanders of the Sons of The American Legion shall be delegates to the National Convention with vote to be exercised with their respective Detachments." Article VI, Section 1, "Section 1. The National Convention shall elect a National Commander and five (5) National Vice Commanders, who shall sere without seniority. No person shall be eligible for re-election to the office of National Commander or National Vice Commander. There shall be one National Vice Commander from each of the following areas: A. EAST: Connecticut, Delaware, District of Columbia, France, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont and West Virginia. B. SOUTH: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee and Virginia. C. CENTRAL: Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio and Wisconsin. D. MIDWEST: Colorado, Kansas, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas and Wyoming. E. WEST: Alaska, Arizona, California, Hawaii, Idaho, Nevada, Oregon, Philippines, Utah and Washington." Article VI, Section 3, "Section 3. The National Commander by and with the approval of the National Executive Committee of the Sons of The American Legion shall appoint a National Adjutant, Assistant National Adjutants, National Judge Advocate, National Chaplain, National Historian, National Sergeant-at-Arms, and such Assistant National Sergeant-at-Arms as are deemed necessary and/or desirable. No person shall be eligible for re-appointment to the office on National Chaplain. Such officers shall serve at the pleasure of the appointing power." Article VII, Section 1, "Section 1. The National Executive Committee of the Sons of The American Legion shall meet at least twice each year. It shall meet immediately preceding the National Convention to establish the agenda for that National Convention, and immediately following the National Convention to approve the National Commander's appointments. Between National Conventions the administrative power shall be vested in the National Executive Committee of the Sons of The American Legion, the membership of which shall be composed of the National Commander, National Vice Commanders, the immediate Past National Commander or Chairman, and one (1) National Executive Committeeman and one (1) Alternate National Executive Committeeman from each Detachment, to be selected as such Detachments shall determine. The Alternate National Executive Committeeman may act only in the absence of the National Executive Committeeman from his Detachment. All Past

96 Proceedings of Wednesday, October 13, 2010 National Workshop Chairmen and all Past National Commanders shall be non-voting members of the National Executive Committee. Actions of the Sons of The American Legion National Executive Committee shall be subject to ratification by the National Executive Committee of The American Legion."

No.: NEC 1 F10 Title: Child Welfare Foundation Donation of $1,000 in Memory of Past National Chaplain Atwood Grandberry Origin: National Commander Dew Whereas, The Child Welfare Foundation is a vital part of the Sons of The American Legion since its inception in 1987; and Whereas, There is a constant and vital need for funding of many programs and grants that can assist children in need; and Whereas, Donations by the Sons of The American Legion have provided greatly needed assistance to these children in our country; and Whereas, The recently departed Atwood Grandberry, who served as National Chaplain of the Sons of The American Legion 2009-2010 and through his spiritual guidance the Sons of The American Legion, strengthened their resolve to assist the veterans and children of this great country, now therefore be it, RESOLVED, by the National Executive Committee of the Sons of The American Legion in regular sessions in Indianapolis, Indiana, October 9-10, 2010 that a donation in the amount of One Thousand Dollars, ($1,000) be made to The American Legion Child Welfare Foundation in memory of Past National Chaplain, Atwood Grandberry, and be it further, RESOLVED, the funds for this purpose will be taken from the 2010 Budget surplus.

No.: NEC 2 F10 Title: Support of The American Legion Resolution No. 34 in Support of the Department of Defense "Don't Ask; Don't Tell" Policy Origin: Internal Affairs Whereas, The American Legion adopted Resolution No. 34 at the October 14-15, 2009 National Executive Committee Meeting; and Whereas, The Department of Defense establishes fitness for duty criteria and standards of conduct consistent with the Uniform Code of Military Justice; and Whereas, The Department of Defense's current standards and directives have produced one of the most dominant military forces in history, now therefore be it, Resolved, by the National Executive Committee of the Sons of The American Legion in regular sessions in Indianapolis, Indiana, October 9 - 10, 2010 that the Sons of The American Legion fully supports The American Legion's Resolution Number 34 and the Department of Defense's current personnel policy of "Don't Ask; Don't Tell."

Addendum C 2010 S.A.L. Accomplishments

Veterans Affairs & Rehabilitation • 75 registered (VAVS) representatives • Member of National VAVS Board • 298,133 Volunteer hours recorded and 15,065 visits with $2,473,706 in cash and gifts • $85,559 donated to Fisher House with 7,288 hours

Proceedings of Wednesday, October 13, 2010 97 • 7,712 hours with $47,306 to The Family Support Network

Children & Youth • Single largest contributor to the Child Welfare Foundation: $468,607 with 21,935 hours of service • Special Olympics - $130,219 donated with 14,721 hours of service • Children’s Miracle Network - $80,195 in donations with 6,164 service hours • $888,156 and 80,684 hours in support of other Children & Youth Programs, bringing the total yearly donations to all C & Y programs to $1,606,500 with 123,504 service hours

Americanism • 758 Boys State Representatives at a cost of $153,867 • 8,437 Color Guard appearances at a cost of $88,883 • 178 American Legion baseball teams sponsored at a cost of $153,774 • Other teams sponsored at a cost of $143,199 • $50,584 in support of scouting • $11,157 in donations and 19,020 service hours to the oratorical program • 9,691 hours and $37,922 to junior shooting sports • 12,039 flags presented at a cost of $41,136 • 986 flag education programs at a cost of $20,891 with 7,818 hours • 5,263 flag retirement ceremonies • 309,871 flags presented at cemeteries & parades at a cost of $89,588 • $345,244 in scholarships with 20,320 hours for educational programs • 325 5 star / 10 ideals programs at a cost of $5,562 • Various community service projects at a cost of $960,281 and 468,332 • Service hours • $33,772 in donations to the national emergency fund • A total of $2,175,118 and 558,806 hours of service in support of Americanism programs

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, I make a motion we receive and file the report of Internal Affairs Commission, with the exception of three resolutions and three addendum. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried.

[The following resolution was tabled. See discussion on page 150 for final disposition.] Resolution No. 14: Affirmative Consent For Transfer Origin: Internal Affairs Commission Submitted by: Internal Affairs Commission WHEREAS, The American Legion since 1919 has been an organization of volunteers tied together by four pillars of service; and WHEREAS, The American Legion since 1919 is an organization where members are required to sign volunteer consent for membership; and WHEREAS, The American Legion is a grass roots community based organization with a focus on veteran’s service on a voluntary basis; and WHEREAS, The American Legion encourages individuals to become members of the post that they desire and that can best serve both that individual’s preference and the overall goals and objectives of The American Legion; and

98 Proceedings of Wednesday, October 13, 2010 WHEREAS, The current, long standing policy of The American Legion is that an individual member has the right of affirmative consent concerning his or her membership affiliation with their American Legion post; and WHEREAS, The strength of The American Legion lies with its individual members and their dedication and devotion to their selected American Legion post; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meetings assembled in Indianapolis, Indiana, on October 13-14, 2010, That before a membership transfer occurs there must be some evidence of affirmative consent provided to national headquarters.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This has the approval of your Membership and Post Activities Committee, your Internal Affairs Commission, your Subcommittee on Resolutions, and I so move for its adoption. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and a second. Any discussion? PNC Santos. PAST NATIONAL COMMANDER SANTOS: I rise in favor of the resolution, but it should be amended. I think anyone would agree terminology of affirmative consent is very vague. There are 61 voting members here, and I can guarantee we'll have 61 different definitions of affirmative consent. I think Internal Affairs in consultation with the national judge advocate should put such language in an amendment saying "such as, but not limited to," and give us some direction on what you mean by affirmative consent. We're the governing body. Let's implement this. We need the administrative effort of the departments and the posts. If we give them some examples of affirmative consent we will eliminate phone calls, e-mails and letters to the national judge advocate, national adjutant and Membership and Post Activities. So, it's my recommendation to have this tabled until tomorrow; come back with some examples of affirmative consent in the resolution to give guidance to the departments and to the posts. My suggestion to the NEC. NATIONAL COMMANDER FOSTER: Are you making a motion to table? PAST NATIONAL COMMANDER SANTOS: Yes, sir. NATIONAL COMMANDER FOSTER: Until when? PAST NATIONAL COMMANDER SANTOS: Until tomorrow. NATIONAL COMMANDER FOSTER: Is there a second on the motion to table? …Second. We're going to vote on the motion to table the resolution. Any further discussion? All in favor? PAST NATIONAL COMMANDER MORIN: I'm sorry. Are we tabling this for action until tomorrow morning? NATIONAL COMMANDER FOSTER: That's what he said. PAST NATIONAL COMMANDER SANTOS: That was my intention. PAST NATIONAL COMMANDER MORIN: Tabled until tomorrow morning. PAST NATIONAL COMMANDER SANTOS: Yes. PAST NATIONAL COMMANDER MORIN: For a redraft spelling out what you requested. PAST NATIONAL COMMANDER SANTOS: Definition of affirmative consent. NATIONAL COMMANDER FOSTER: The table should be until it’s withdrawn from the table by this body. PAST NATIONAL COMMANDER MORIN: For clarification, so we all understand, it will be coming up again tomorrow morning, hopefully someone will redraft the resolution to have clarification.

Proceedings of Wednesday, October 13, 2010 99 NATIONAL COMMANDER FOSTER: Any further discussion? All in favor? Opposed? The Chair determines it passed.

Resolution No. 15: Redesignate The Liberty Memorial In Kansas City, Missouri And The District Of Columbia WWI Memorial As National WWI Memorials Origin: Internal Affairs Commission Submitted by: Internal Affairs Commission WHEREAS, This resolution combines Resolution No. 15 (Internal Affairs 2010 Spring Meetings) and Resolution Nos. 4 (District of Columbia); 154 (Maryland); and 238 (Missouri) from the 2010 National Convention; and WHEREAS, The United States joined its European allies in 1917 to help defeat Germany and its allies in the first World War which, after cessation of hostilities, was referred to as the Great War or the War to End all Wars; and WHEREAS, The United States mobilized over 4,700,000 Armed Forces personnel for that war and lost 116,516 killed in action or died from other causes as well as 204,002 wounded; and WHEREAS, There is no National World War I Memorial which was ever authorized by Congressional action, although private citizens and other states raised funds for the design, construction and dedication of World War I memorials, stadiums and museums; and WHEREAS, In 1919 the people of Kansas City, Missouri, expressed an outpouring of support and raised more than $2,000,000 in two weeks for a memorial to the service of Americans who served in World War I which was paralleled by any other city in the United States irrespective of population and reflected the passion of public opinion about World War I, which had so recently ended; and WHEREAS, Following the drive, a national architectural competition was held by the American Institute of Architects for designs for a memorial to the service of Americans in World War I, and the competition yielded a design by Architect H. Van Buren Magonigle; and WHEREAS, On November 1, 1921, more than 100,000 people witnessed the dedication of the site for the Liberty Memorial in Kansas City, Missouri; and WHEREAS, The dedication of the site on November 1, 1921 marked the only time in history that the five allied military leaders, Lieutenant General Baron Jacques of Belgium, General Armando Diaz of Italy, Marshal Ferdinand Foch of France, Admiral Lord Earl Beatty of Great Britain, and General of the Armies John J. Pershing of the United States of America, were together at one place; and WHEREAS, General of the Armies John J. Pershing, a native of Missouri and the Commander of the American Expeditionary Forces in World War I, noted at the November 1, 1921 dedication that “the people of Kansas City, Missouri are deeply proud of the beautiful memorial, erected in tribute to the patriotism, the gallant achievements, and the heroic sacrifices of their sons and daughters who served in our country’s armed forces during the World War which symbolized their grateful appreciation of duty well done, and appreciation which I share, because I know so well how richly it is merited”; and WHEREAS, During an Armistice Day ceremony in 1924, President Calvin Coolidge marked the beginning of a three year construction project for the Liberty Memorial by the laying of the cornerstone; and WHEREAS, The 217 foot Liberty Memorial Tower has an inscription that reads”, In honor of Those Who Served in the World War in Defense of Liberty and Our Country” as well as four stone “Guardian Spirits” representing Courage, Honor, Patriotism, and Sacrifices, which rise above the observation deck, making the Liberty Memorial a noble tribute to all who served in World War I; and

100 Proceedings of Wednesday, October 13, 2010 WHEREAS, During a rededication of the Liberty Memorial in 1961, World War I Veterans and former Presidents Harry S. Truman and Dwight D. Eisenhower recognized the memorial as a constant reminder of the sacrifices during World War I and the progress that followed; and WHEREAS, The 106th Congress recognized the Liberty Memorial as a national symbol of World War I; and WHEREAS, The 108th Congress designated that the museum at the base of The Liberty Memorial as “American’s National World War I Museum”; and WHEREAS, The American’s National World War I Museum is the only public museum in the United States specifically dedicated to the history of World War I; and WHEREAS, The National World War I Museum is known throughout the world as a major center of World War I remembrance; and WHEREAS, In the 1920s, The American Legion was advocating for a National Memorial in Washington, DC but the idea just died after the National Fine Arts Commission studied with no action taken; and WHEREAS, Many states, counties, cities built elaborate WW I memorials, coliseums, stadiums, libraries, buildings and monuments because the mood of the country at the time was a small central government and the local communities would honor the veterans in addition the country was experiencing a large National war debt and then the depression and WW II were probably key reasons why a Federal Memorial on the Mall in DC never got off the ground; and WHEREAS, The District of Columbia was authorized by a Joint Resolution of the 68th Congress on February 7, 1924, to construct, at no cost to the Government, a memorial on the National Mall to be dedicated “to those members of the Armed Forces of the United States from the District of Columbia who served in the Great Wars”; and WHEREAS, The DC World War Memorial was dedicated on November 11, 1931 by President Herbert Hoover, and an annual observance has been held at the Memorial on the third Sunday of May by the District of Columbia World War Memorial and May Day Corporation since that date; and WHEREAS, Over the years although it sits on the Mall, it fell into disrepair and it took The American Legion in 2006 going to Congress to get $7 million in authorized funds to refurbish the memorial and to this day only a $2.3 million improvement was started in July 2010 with stimulus funds; and WHEREAS, The last living World War I veteran, Mr. Frank Buckles of West Virginia, aroused the interest of Congress to have a National World War Memorial on the Mall to honor all veterans of the Great Wars, not just DC soldiers killed in Europe; and WHEREAS, The World War I Memorial Foundation was established in August 2006 as a private nonprofit organization to raise funds for the rededication and an additional enhancement of the World War I Memorial on the Mall as a National and District of Columbia World War I Memorial; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meetings assembled in Indianapolis, Indiana, on October 13-14, 2010, That The American Legion support the Liberty Memorial in Kansas City, Missouri as the National WWI Memorial and Museum and the District of Columbia World War I Memorial on the National Mall in Washington, DC as the District of Columbia and National World War I Memorial without financial obligation to The American Legion.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This has the approval of the National Internal Affairs Commission, the Subcommittee on Resolutions, and I so move for its approval. …Second.

Proceedings of Wednesday, October 13, 2010 101 NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. NEC MEMBER HEIGERT (MO): Mr. Commander, I would like to take privilege as NEC from Missouri to thank the Internal Affairs staff and committee for their action on this resolution that we just passed. I know it was a very difficult decision. They put in many long hours to work on that one, and I just want to express my appreciation to the committee and staff. NATIONAL COMMANDER FOSTER: Thank you, Rick. Teddy. MR. WEBB, District of Columbia: Commander, Teddy Webb from D.C. The work has already started on the monument, and Missouri as well. NATIONAL COMMANDER FOSTER: Thank you. Any further discussion?

Resolution No. 16: Change To The Sons Of The American Legion National Constitution Origin: Internal Affairs Commission Submitted by: Internal Affairs Commission WHEREAS, Resolution 15 of The American Legion, October 17-18, 1973, approved by the National Executive Committee provided for the responsibility and supervisory control of the Sons of The American Legion to the Internal Affairs Commission; and WHEREAS, Any change to the National Constitution of the Sons of The American Legion requires approval of the National Executive Committee of The American Legion; and WHEREAS, The Sons of The American Legion has recommended by SAL Resolution that electing the National Chaplain of the Sons of The American Legion be changed to appointed; and WHEREAS, Article V, Section 7 of the Sons of The American Legion National Constitution reads: All Past National Commanders of the Sons of The American Legion shall be delegates to the National Convention with vote to be exercised with their respective Detachments. The National Commander, National Vice Commanders, and National Chaplain of the Sons of The American Legion shall be delegates to the National Convention with vote to be exercised with their respective Detachments; and WHEREAS, Article VI, Section 1 of the Sons of The American Legion National Constitution reads: The National Convention shall elect a National Commander, five (5) National Vice Commanders, who shall serve without seniority; and a National Chaplain. No person shall be eligible for re-election to the office of National Commander, National Vice Commander or National Chaplain. There shall be one Vice Commander from each of the following areas: A. East: Connecticut, District of Columbia, Delaware, France, Maine, Maryland, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont and West Virginia. B. South: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee, and Virginia. C. Central: Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio and Wisconsin. D. Midwest: Colorado, Kansas, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas and Wyoming. E. West: Alaska, Arizona, California, Hawaii, Idaho, Nevada, Oregon, Philippines, Utah and Washington. WHEREAS, Article VI, Section 3 of the Sons of The American Legion National Constitution reads: The National Commander by and with the approval of the National Executive Committee of the Sons of The American Legion shall appoint a National

102 Proceedings of Wednesday, October 13, 2010 Adjutant, Assistant National Adjutants, National Judge Advocate, National Historian, National Sergeant-at-Arms, and such Assistant National Sergeants-at-Arms as are deemed necessary and/or desirable. Such officers shall serve at the pleasure of the appointing power; and WHEREAS, Article VII, Section l of the Sons of The American Legion National Constitution reads: The National Executive Committee of the Sons of The American Legion shall meet at least twice each year. It shall meet immediately preceding the National Convention to establish the agenda for the National Convention, and immediately following the National Convention to approve the National Commander’s appointments. Between National Conventions the administrative power shall be vested in the National Executive Committee of the Sons of The American Legion, the membership of which shall be composed of the National Commander, National Vice Commanders, National Chaplain, the immediate Past National Commander or Chairman and one (1) Alternate National Executive Committeeman from each Detachment, to be selected as such Detachments shall determine. The Alternate National Executive Committeeman may act only in the absence of the National Executive Committeeman from his Detachment. All Past National Workshop Chairmen and all Past National Commanders shall be non-voting members of the National Executive Committee. Actions of the Sons of The American Legion shall be subject to ratification by the National Executive Committee of The American Legion; and WHEREAS, In Article VII, Section 1, contains language that is no longer applicable and needs to be deleted as pertaining to Workshop Chairman; and WHEREAS, The National Convention of the Sons of The American Legion assembled at the 39th National Convention of the SAL in Milwaukee, Wisconsin approved for the change of the National Chaplain position from elective to appointive by SAL Resolution, NC 4-10 during this National Convention; and WHEREAS, The National Internal Affairs Commission of The American Legion has recommended approval of this resolution, October 2010; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meetings assembled in Indianapolis, Indiana, on October 13-14, 2010, That Article V, Section 7 of the Sons of The American Legion National Constitution be amended to read: All Past National Commanders of the Sons of The American Legion shall be delegates to the National Convention with vote to be exercised with their respective Detachments. The National Commander and National Vice Commanders of the Sons of The American Legion shall be delegates to the National Convention with vote to be exercised with their respective Detachments; and, be it further RESOLVED, That the introductory paragraph of Article VI, Section l of the Sons of The American Legion National Constitution read: The National Convention shall elect a National Commander, five (5) National Vice Commanders, who shall serve without seniority. No person shall be eligible for re-election to the office of National Commander and National Vice Commander. There shall be one Vice Commander from each of the following areas ……, (same as remainder of section l as stated in the present SAL National Constitution); and, be it further RESOLVED, That Article VI, Section 3 of the Sons of The American Legion National Constitution read: The National Commander by and with the approval of the National Executive Committee of the Sons of The American Legion shall appoint a National Adjutant, Assistant National Adjutants, National Judge Advocate, National Historian, National Chaplain, National Sergeant-at-Arms, and such Assistant National

Proceedings of Wednesday, October 13, 2010 103 Sergeant-at-Arms as are deemed necessary and/or desirable. Such officers shall serve at the pleasure of the appointing power; and, be it further RESOLVED, That Article VII, Section l of the Sons of The American Legion National Constitution read: The National Executive Committee of the Sons of The American Legion shall meet at least twice each year. It shall meet immediately preceding the National Convention to establish the agenda for that National Convention, and immediately following the National Convention to approve the National Commander’s appointments. Between National Conventions the administrative power shall be vested in the National Executive Committee of the Sons of The American Legion, the membership of which shall be composed of the National Commander, National Vice Commanders, the immediate Past National Commander, and one (1) National Executive Committeeman and one (1) Alternate National Executive Committeeman from each Detachment, to be selected as such Detachments shall determine. The Alternate National Executive Committeeman may act only in the absence of the National Executive Committeeman from his Detachment. All Past National Commanders shall be non-voting members, with voice, of the National Executive Committee. Actions of the Sons of The American Legion shall be subject to ratification by the National Executive Committee of The American Legion; and, be it finally RESOLVED, That this constitutional change to the National Constitution of the Sons of The American Legion be effective starting at the convening of the 2011 National Convention of the Sons of The American Legion and The American Legion.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This has the approval of your National Internal Affairs Commission, your Subcommittee on Resolutions, and I so move for its approval. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Commander, attached to this report are Addendum A, B, and C. I move that the action of the National Internal Affairs Commission become the action of the National Executive Committee. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and a second. Any discussion? PNC Morin. PAST NATIONAL COMMANDER MORIN: Mr. Commander, I ask that Resolution 38 be put aside for further debate. NATIONAL COMMANDER FOSTER: Resolution what? PAST NATIONAL COMMANDER MORIN: Thirty-eight. NATIONAL COMMANDER FOSTER: Thirty-eight. PAST NATIONAL COMMANDER MORIN: Of Addendum A, be put aside for further debate. NATIONAL COMMANDER FOSTER: Do I hear a second to that. ...Second. We have a second. Any discussion? All those in favor say aye. Opposed? Carried. Thank you, Larry. We now have to vote on the addendum. PAST NATIONAL COMMANDER MORIN: Comrade Commander, I would ask that Resolution 38 go back to the Internal Affairs Committee. Those of us who have been around for a long time have seen so many resolutions on this subject matter come before us, come before the Auxiliary, referred to us from the Auxiliary. I think we're washing this under the carpet. I think it's time we have an ad hoc committee on this as we've done with opening the eligibility dates of The American Legion. Many of us sitting in here

104 Proceedings of Wednesday, October 13, 2010 when we talk about eligibility dates, we hear of the Godwin Report. I think it's about time we have a report that says why we're not going to have The American Legion Men's League, or whatever else we've seen those resolutions called. So that when people bring these resolutions forth, we have something of substantial nature to say why we're not doing it, or maybe it will be the desire we can do something about it. So, I move this resolution back to the committee for a special committee to study that issue. NATIONAL COMMANDER FOSTER: PNC Comer. Comrade Commander, I respectfully disagree with the junior past national commander. (Laughter) NATIONAL COMMANDER FOSTER: No internal fights. PAST NATIONAL COMMANDER COMER: In Massachusetts we all know what this is all about, about thousands of wives joining the Sons and all that baloney. Don't pass that amendment. NATIONAL COMMANDER FOSTER: Any further discussion? All right. You heard the motion and a second. All in favor. All opposed? Motion failed. Now we have to vote on the addendum. Need a motion to approve the addendum now. …Second. You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. COMMISSION CHAIRMAN BESSON: Thank you, Mr. Commander. I think we probably made some NEF contributions. If we have any, I would ask the Commander if we could receive it at this time. NATIONAL COMMANDER FOSTER: Donations to the NEF please come forward at this time. ...At this time National Vice Commander Mella assumed the Chair. MR RICHARD W. PERRY (AZ): Commander, we have a check from the Department of Arizona for $3,000. NATIONAL COMMANDER FOSTER: Three thousand dollars from Arizona. Let's give them a hand. (Applause) MR. CHARLES T. TUCKER (GA): Commander, NEC and guests. The great state of Georgia was given a goal of ten thousand and some odd dollars for the National Emergency Fund. At this time I'd like to present you with a check for $11,075. (Applause) NATIONAL COMMANDER FOSTER: Any other donations? Thank you ladies and gentlemen. Thank you very much. ... At this time National Commander Foster resumed the Chair NATIONAL COMMANDER FOSTER: Okay. Donations total $14,075. Let's give them a hand. (Applause) At this time I recognize the Public Relations Commission report, the chairman from New York, Robert L. Morrill.

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

Thank you. Mr. Commander, members of the National Executive Committee and guests. The Public Relations Commission met in Room 105 at National Headquarters on Monday, October 11th. No resolutions were presented at this time. Please take a few minutes at your leisure to look at our full report placed on your desk. The newest national information campaign, A Powerful Force for Our Nation is being launched this fall, with distribution to over 500 major cable systems throughout the United States. As part of the Goodwill Communications Fall-Winter CablePak, the PSAs will be made available for use on every channel in the system. Concurrently, the campaign DVD is available to posts with direct marketing to media in your area. Each DVD contains a three minute fifty-five second "Pledge to Service" video, six television spots, ten radio spots, five website ads, six print ads, posters and handbills and a

Proceedings of Wednesday, October 13, 2010 105 marketing support guide containing suggestions on getting the materials placed in a variety of media. The print materials can be localized with contact information at your local levels. The commission will work to ensure that every post, district and department officer and public relations chairmen, is availed of the opportunity to take advantage of this powerful media product designed to educate the public at large about the Four Pillars of The American legion, showing the diversity of this organization's programs and the services available to the community and across the nation. You have one of these (indicating) on your desk. The American Legion's news center for media on Twitter continues to grow steadily at twitter.com/amlegionnewsctr. Designed for veterans affairs and national security beat reporters, producers, columnists and writers, staff sends out information about breaking stories that The American Legion is following, and offers background information and interview opportunities. In addition to external media, a number of NALPA editors subscribe to this daily feed also. Another service in development for The American Legion Public Relations practitioners is a soon to be launched PR Reflector, an Internet e-mail system for posts, districts, department chairmen and commission and staff to discuss in real time, breaking stories, issues and public relations techniques. It will provide an electronic forum for asking questions, sharing successes and receiving electronic products as they are developed. New message points for 2010-2011 have been published and distributed at this meeting based on the new and standing resolutions. They are also available on-line. Hard copies may be obtained by sending a request to [email protected], and you should have a copy of that on your desk also. Blackhorse Productions completed the History of The American Legion: A National Legacy in early June. A video trailer is available for free on request from the Public Relations Commission. A new flier promoting the DVD and a letter from National Commander Foster was mailed out to each post commander last week. Staff has been processing post-convention DVDs for mailing that were requested by the sign-up sheets at National Convention. Nearly 800 DVDs and CDs have been duplicated and shipped to convention attendees. Audio-visual projects in process include working with VA&R to produce PSAs and education materials about The American Legion's advocacy for women veterans issues slated to be completed shortly after the first of the year. For the first time, the 2010-2011 Fourth Estate Award competition will recognize three categories of journalism: New media, which is the Internet, print, and broadcast. The awards will be given annually in each category. The award will recognize outstanding journalism that renders a documented difference in the betterment of some aspects of American life. And finally, the commission discussed nominations to provide to the national commander for consideration of the National Public Relations Award to be presented at the Washington Conference in 2011. Commander Foster concurred with the commission that the 2011 recipient of the National Commander's Public Relations Award will be First Lady, Michelle Obama, for her work with our troops. This is contingent on the First Lady attending the luncheon. Mr. Commander, that concludes my report. However, I would like to introduce at this time Joe March, our director, and John Raughter his assistant. (Applause)

106 Proceedings of Wednesday, October 13, 2010 Report: Public Relations Commission October 13, 2010 Robert L. Morrill, New York, Chairman

The Public Relations Commission of The American Legion met in Indianapolis, Indiana at National Headquarters on Monday, October 11, 2010. The newest national information campaign, “A Powerful Force for Our Nation,” is being launched this fall with distribution to over 500 major cable television systems throughout the United States. As part of the Goodwill Communications fall-winter CablePak, the PSAs will be made available for use on every channel of each system. Concurrently, the campaign DVD is available to posts for direct marketing to media in their area. Each DVD contains the 3:55 min. “Pledge to Service” video, six television spots, 10 radio spots, 5 Web site ads, six print ads/posters/handbills and a marketing support guide containing suggestions on getting the materials placed in a variety of media. The print materials can be localized with contact information. Over a thousand “Powerful Force for Our Nation” DVDs were distributed at national convention in Milwaukee and requests continue to be processed daily by the public relations office. The commission will work to ensure that every post, district and department officer and public relations chairman is availed the opportunity to take advantage of this powerful media product designed to educate the public at large about the Four Pillars of The American Legion, showing the diversity of this organization’s programs and services available in communities across America. The American Legion’s Newscenter for Media on Twitter continues to grow steadily at http://twitter.com/AmLegionNewsCtr. Designed for veterans affairs and national security beat reporters, producers, columnists and writers, staff sends out information about breaking stories the Legion is following and offers background information and interview opportunities. In addition to external media, a number of NALPA editors subscribe to the daily feeds. Another service in development for American Legion public relations practitioners is the soon-to-be-launched PR Reflector, an Internet email system for post, district, department chairmen and commission and staff to discuss, in real time, breaking stories, issues and public relations techniques. It will provide an electronic forum to ask questions, share successes, and receive electronic products as they are developed. New message points for 2010/2011 have been published for distribution at this meeting based on new and standing resolutions. They are also available online; hard copies may be ordered by sending a request to [email protected]. Blackhorse Productions completed the “History of The American Legion: A National Legacy” in early June. It is available for $19.95 at www.emblem.legion.org. The 48-minute DVD is a great membership tool and a portion of the proceeds goes to the Legacy Scholarship Fund, the National Emergency Fund and the Child Welfare Foundation. The project took more than a year to complete and is the result of Resolution 6, originally generated from this commission in the Oct. 15-16, 2008 meetings. A video trailer is available free on request to the PR commission which encourages members to use them in every community. A new flyer promoting the DVD and a letter from National Commander Foster was mailed to every post commander last week. As reported at the Washington Conference, The American Legion’s Operation Comfort Warriors won $250,000 as the top Internet vote-getter in February’s Pepsi Refresh Everything Project. The money is still going to good use with some of it already spent on wounded warriors at Fort Gordon, Ga., Landstuhl, Germany, Walter Reed, Camp Lejeune, Camp Pendleton and other military hospitals and warrior transition units. A mid-term report by The American Legion was accepted by Pepsi and the second installment for $125,000 was deposited into the OCW account. Moreover, donations for

Proceedings of Wednesday, October 13, 2010 107 OCW have been steady, with donations of $10,000 each being received from the Speedway, Indiana Post 500 Legion Riders, and China Post 1. SAL Squadron 78, (MA) donated $11,300. Plans are in the works for another OCW “event” with the Marines on the west coast. Staff has been processing post-convention DVDs for mailing that were requested by sign-up sheet in Milwaukee. Nearly 800 DVDs and 50 CDs have been duplicated and shipped to convention attendees. Audio-visual projects in progress include working with VA&R to produce PSAs and educational materials about The American Legion’s advocacy for women veterans issues slated for completion shortly after the first of the year. Additionally, several different-length modules have been developed for media training presentations to both large groups and leadership individuals. The short module provides the basic techniques of interview control with message points; longer versions for small groups includes lecture, videos, interactive discussions, practical exercises and critiques in various media settings. Large groups receiving the short module have included the Membership Workshop, Children & Youth Conference, and District Commanders. The next presentation will be to students at the National American Legion College in November. From the Washington office, media marketing staff provided updates on recent American Legion coverage in the national press, including a story about plans to build a gambling casino near the Gettysburg battlefield, and another one about the Prudential/SGLI controversy. Videos of Washington Office Executive Director Peter Gaytan being interviewed on Bloomberg TV, and the "American Heroes" series, financed by The American Legion and currently being broadcast on the Military Channel, were presented. For the first time, the 2010/2011 Fourth Estate Award competition will recognize three categories of journalism: new media (Internet) technologies, print and broadcast. Awards will be given annually in each category. The awards will recognize outstanding journalism that renders a documented difference for the betterment of some aspect(s) of American life. The commission discussed nominations to provide the national commander for his consideration of the National Commander’s Public Relations Award to be presented at the Washington Conference in 2011. Members also discussed potential radio and television public service spots for future production and distribution during 2011.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, motion to receive and file the report of Public Relations Commission. There are no resolutions, no addendum. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. Thank you, Bob. We're going to flip- flop here. We're going to have Membership and Post Activities Committee come first because we want them to get back and get the resolution ready. So, at this time we are going to recognize Membership and Post Activities Committee chairman from the state of Georgia, Harold D. Barnett. Dale.

Oral Report: Membership and Post Activities Committee Harold D. Barnett, Georgia, Chairman

Thank you. Mr. Commander, national officers, members of the National Executive Committee, fellow Legionnaires. You have the written report before you. By the way, it is one page so I thank you for that, right? 2010 was a great membership year for this membership team we've had assembled before you, and I'm confident that 2011 will be even a better year, and that we can make

108 Proceedings of Wednesday, October 13, 2010 it together with a common commitment. The success we experienced last year, I hope it's contagious, and left a great sense of accomplishment to our members because we did move in the right direction last year. DMS last year brought in close to 206,000 members and was under budget. But of special note, the 2010 on the traditional side of membership, signing up new members and renewing the members we have, came in at a renewal percentage of just under 93 percent, which is up from about 90 percent the previous years. So you should be very proud of that accomplishment as leaders of the great membership teams in your departments. We saw great activity in 2010 in the area of post development and revitalization. We had some great leadership with the departments and districts having some good friendly competitions, such as the Big 12. In 2010 we exceeded our membership goal by more than 30,000 members, and exceeded the previous year's final total by more than 50,000 members. And if you were at Milwaukee, and I know all of you were, Commander Hill was very proud of that, and challenged us this year to go forward and make it two years in a row. So we got last years' report card, and now we're ready for the progress report for this term of 2011. Let's talk about what we're doing right now, and it's really a mixed record. We're half way through the membership year in DMS, and we're right at 105,000 members, for a membership goal this year of 210,000, and I'm sure as we've already previously agreed, that we're going to make that and we're going to make it within the budget. Forty-six departments met or exceeded the 50 percent target, and 47 departments have already met or exceeded the 55 percent target, and we're at 62 percent nationally. And if you're in that thing, where you’ve already met your target, give yourselves a hand, okay. (Applause) Traditional renewals, because of the pool, is down 37,000. Headquarters renewals, however, up 27,000 and we're slightly down from this point last year overall about 20,000. So while we're doing well, we're going to have to work hard if we're going to make that where continue to grow this organization. Post development activities are up. We have already had travels to Michigan, New Hampshire, Nebraska, South Dakota, Illinois, and we thank those departments for inviting in our membership team, and I think it pays great dividends. One thing unfortunately that is still a continuous concern I think should be to all the leaders in this room, is that the number of posts that we have nationally continues to decline, and we're approximately at 13,8000 posts nationwide. We should not be discouraged though. I think that the message from National Commander Jimmie Foster, to smile, that personal contact, and communication is the key to success at any membership effort. Be calm. Be positive and upbeat about the outcome. Remember, we are a team in this membership effort, and you need to talk to the fellow members of your team and get those good ideas and share those good ideas of your membership success that you're having in your department, and help each other. I look forward to continuing to work with you and the members of membership. I want to commend our membership director and his team for their great effort. Commander Foster, I want to thank you for the great effort that you're doing in membership. He talks membership everywhere he goes, and it's been a pleasure to serve as your Membership and Post Activities chairman. Commander, that concludes my report.

Proceedings of Wednesday, October 13, 2010 109 Report: Membership and Post Activities Committee Dale Barnett, Georgia, Chairman

2011 Renewal Campaign:

The 2011 membership campaign has gotten off to a great start. Forty-six Departments met or exceeded the 50% target date on September 9, 2010. The 55% target date is October 20, 2010 and forty-nine Departments have already made this target. Our current National percentage is close to 63%. We expect by the 55% target to be close to if not better than 65%. Traditional renewals are running slightly behind. Headquarters renewals are running ahead and traditional new starts are about even with 2010 totals. It will be imperative that we not lose ground in these areas if we expect to meet our proposed goal of 2.4 million members - on average each year we have to replace 8-10% of our membership due to the three M’s, moved mad and mortality. Names of those DMS members acquired in 2010 who have renewed are being provided to the Departments and are also used in the post development program. The 205,000 members acquired in 2010 were sent five additional mailings which included two e-mail “blasts” in preparation for the 2011 renewal campaign. It is still too early yet in the campaign to say for sure how much of an impact the additional mailings have had. The second renewal was just completed.

2011 DMS Campaign:

Currently 102,600 members have been acquired - approximately 12,000 less than this same time last year. The goal for the year is 210,000 members. This group of members will receive their first communication in mid November. Information in this mailing and e-mail will place an emphasis on transfer to a local post as well as highlight issues and projects in which The American Legion is involved. This will be followed up in the months to come with four additional mailings/email blasts.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Commander, motion to receive and file the report of Membership and Post Activities Committee. They are no resolutions, no addendum. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. Thank you, Dale. A great job. At this time we'll recognize Foreign Relations Commission vice chairman, from the state of Vermont, Doc Simon.

Oral Report: Foreign Relations Commission Doc Simon, Vermont, Vice Chairman

National Commander Foster, members of the National Executive Committee, fellow Legionnaires. You have a copy of the Foreign Relations Commission report before you. The commission met on Monday to review two resolutions and discuss current foreign policy issues pertaining to the vital interests of the United States. The commission examined the White House's 2011 fiscal year budget recommendations for the Department of State and compared it to the budget recommendations provided by the Foreign Relations views and estimates report. The American Legion's proposed budget for 2011 is now much more level with the president's proposed budget than what was proposed in the previous year closing the gap from $14 billion to $4.8 billion.

110 Proceedings of Wednesday, October 13, 2010 Assistant Director Freddy Gessner gave an in-depth report on recent events in the nation that are of interest to The American Legion, covering not only the present day significance, but also the history behind each of those events. Highlights from the report include: the announcement of Kim Jong Il's successor in North Korea, China passing Japan as the world's second largest economy, Iran's tentative January activation of its Bushehr nuclear plant, Mexico's gun violence and immigration policy changes, catastrophic flooding in Pakistan, the role of our troops in Iraq with regard to the planned withdrawal of all remaining forces by the end 2011, and our troop surge in and planned withdrawal from Afghanistan. Mr. Gessner wrapped up his presentation with an overview of JPAC's most recent annual report, which includes highlights from 69 investigative and recovery missions. JPAC's efforts over the past year resulted in identification of 98 individuals. It is worth mentioning that the USS Hezzen conducted underwater investigations off the coast of Vietnam resulting in the indication of five individuals whose remains would have otherwise remained lost at sea. Furthermore, on April 7th of this year, JPAC held a remembrance ceremony in honor of the seven JPAC personnel and nine Vietnamese officials who died in a helicopter crash on April 7, 2001. They were traveling to an investigation site in the Quang Binh Province of Vietnam when heavy fog rose and created poor visibility, and all the members of the crew perished in this crash. Yesterday, the National Security and Foreign Relations Commissions met in a joint session. The main focus was to discuss the effects the recent wars have had on the troops. To highlight the focus, members of both commissions watched the independent film titled, This is War: Memories of Iraq, which tells the story of what it means to serve in combat through the eyes of soldiers who were there. Using a combination of footage shot by the soldiers themselves, as well as interviews conducted upon the soldiers' return home, the film showed the frustration, fear and even the humor of war. But mostly the bravery of our soldiers was depicted. One soldier in particular who lost his lower leg during combat, continued to man the machine gun atop his vehicle, putting the safety and survivability of his fellow soldiers ahead of his own life-threatening wounds. The joint session found the film to be a compelling testament to the selflessness of our troops currently serving overseas. The Foreign Relations Commission looks forward to working with National Commander Foster and the distinguished members of the National Executive Committee in preparation for the National Convention. We thank you for all of your support. Thank you.

Report: Foreign Relations Commission October 11-12, 2010 Doc Simon, Vermont, Chairman

An executive session of the Foreign Relations Commission met on October 11, 2010 in the Circle Suite of the Sheraton Hotel to discuss current foreign policy issues pertaining to the vital interests of the United States and to review two resolutions. Doc Simon, Chairman of the Foreign Relations Commission, opened the business session and welcomed attending members of the commission, members of the sub- commission, and past national commanders. The commission proceeded by evaluating the following two resolutions: 1) The American Flex Fuel Resolution; 2) Urge the Joint POW/MIA Accounting Command (JPAC) to Utilize the Knowledge of WWII Veterans in Accounting Activities (Register Resolution Number 2640). After the commission conducted a thorough analysis of each proposed resolution and engaged in lively discussions on the issues at hand, the commission reached a

Proceedings of Wednesday, October 13, 2010 111 consensus and made unanimous recommendations to the National Executive Committee (NEC) to reject one of the resolutions and to receive and record the other. The commission’s recommendation to receive and record the JPAC-related resolution was based on the most current annual report from JPAC, which states that they are already performing these interviews as part of their process of obtaining leads for determined future investigation missions. In regards to the rejection of the resolution pertaining to America’s transition to flex fuel, the commission recommended the rejection of this resolution because the already in place Resolution No. 224 is all encompassing of this issue and the aforementioned resolution would be redundant. The business meeting also included a foreign relations report by Freddy Gessner. His presentation began with a side by side comparison of the American Legion’s and the White House’s 2011 fiscal year budget recommendations for the U.S. Department of State, International Aid and Programs. The 2010 fiscal year recommendations were also presented and reviewed for comparison. Additionally, the presentation included a recount and recent history regarding significant events of foreign nations that are of interest to the American Legion. Highlights include: the recent announcement of the planned successor of leadership in North Korea, China’s economic policy and their passing Japan as the second largest economy in the world, Iran’s planned January activation of its Bushehr nuclear plant, the gun violence and immigration policy of Mexico, the catastrophic flooding in Pakistan, the role of our troops with Iraqi security forces and the planned withdrawal by the end of 2011, and the actions in Afghanistan involving our troop surge, visit from President Karzai, and the planned withdrawal of our remaining troops by the end of 2011. Mr. Gessner wrapped up his presentation by covering the most recent annual POW/MIA report released by JPAC. The report noted that JPAC conducted 69 missions over the past year and their efforts identified 98 individuals. The location and number of individuals indentified were: 53 from WWII, 26 from Korea, and 19 from Vietnam. The USS Heezen conducted underwater investigations off the coast of Vietnam that resulted in the identification of five individuals. The report provided an update from the above mentioned three wars since their investigations began. The updates stated: since 1978 JPAC has identified 453 personnel from WWII, with approximately 74,000 still unaccounted for; since 1982 JPAC has identified 123 personnel from Korea with approximately 8,500 unaccounted for (4,573 of whom are known to be missing within North Korea); since 1973 JPAC has identified 918 personnel from Vietnam with approximately 1,727 still unaccounted for. In other POW/MIA-related matters, the remembrance ceremony held at Hickam Air Force Base nine years after the date of the crash that occurred was discussed. The ceremony was held in remembrance of the death of the seven JPAC personnel and the nine Vietnamese officials who perished in the crash of an M-17 helicopter during an investigation mission in the Quang Binh Province on April 7, 2001. On Tuesday, October 12 the National Security and Foreign Relations Commissions met in joint session. The main focus of the joint session was the effects that the recent wars have had on today’s troops. To highlight this topic, members of both commissions watched the independent film titled “This is War: Memories of Iraq” which was directed by Gary Mortensen. The film followed troops from the Oregon National Guard and provided their personal accounts of events that occurred during filming. The bravery of our soldiers was depicted by one soldier in particular, who lost his lower leg during combat but continued to man his machine gun on top of his vehicle in order to put the safety and survivability of his fellow soldiers ahead of his own life threatening wound. The joint session found the film to be a compelling testament to the bravery and selflessness of our troops currently serving overseas.

112 Proceedings of Wednesday, October 13, 2010 The Foreign Relations Commission looks forward to working with National Commander Foster and the distinguished members of the National Executive Committee in preparation for the National Convention. We thank you for your support.

Addendum A: Resolutions Not Approved

Rejected

Resolution No. 22: (Foreign Relations Commission) (2010 Spring NEC): The American Legion Flex Fuel Resolution

Received and Recorded

Register Resolution No. 2640: (DEC New Jersey): Urge JPAC to Utilize the Knowledge of WWII Veterans in Accounting Activities

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: I move the report be received and filed, with the exception of one addendum, there are no resolutions. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Commander, attached to the report is Addendum A. I move the action of the National Foreign Relations Commission become the action of the National Executive Committee. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. At this time I call on the national adjutant for announcements.

Announcements

NATIONAL ADJUTANT WHEELER: Mr. Commander, the National Commander's Dinner for members of the NEC will commence at seven o'clock in the Meridian Ballroom at the Sheraton Hotel, with the reception commencing at six o'clock in the Circle Suite, Lower Level. Also, those of you who have not turned in your conflict of interest form, please take a few minutes and fill it out now and turn it into the national judge advocate or one of us sitting at the front table. Thank you. NATIONAL COMMANDER FOSTER: Any other announcements? Join me in a right-hand salute. Two. We're in recess until tomorrow morning at 0830. ... At three o'clock the National Executive Committee members rendered a salute to the Colors and recessed until 8:30 a.m., Thursday, October 14, 2010.

PROCEEDINGS

of the

NATIONAL EXECUTIVE COMMITTEE

Thursday, October 14, 2010

... At 8:30 a.m., October 14, 2010, the National Executive Committee was called to order by National Commander Jimmie L. Foster, and the following proceedings were had. NATIONAL COMMANDER FOSTER: Join me in a salute to the Colors. One. Two. ... The National Executive Committee stood and rendered a salute to the Colors. NATIONAL COMMANDER FOSTER: I now call on the Reverend Daniel J. Seehafer, from Wisconsin, the national chaplain, for the invocation.

Invocation Reverend Daniel J. Seehafer, Wisconsin, National Chaplain

Family we pray. Almighty God, first and foremost what an awesome heartfelt evening You gave us last night. Not only a time to break bread together, but a time to strengthen friendships, to say thank you. To make a stake about life in general, and how doors are sometimes closed, but you always open windows, don't you? That is how you were with Josh, this outstanding young Marine who inspired us all with a picture that is a glimpse of his life from tragedy, to perseverance, to American greatness. May that kind of victory which only comes from You, also be instilled in us as we gather this morning for You and country, continuing this life-changing and life-saving work for all our comrades and for all veterans. This is who we are. This is what we do. All empowered by You. And so it shall be. (Chorus of amen)

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

NATIONAL COMMANDER FOSTER: Join me for the Pledge of Allegiance. ...The National Executive Committee stood and recited the Pledge of Allegiance. NATIONAL COMMANDER FOSTER: Cover, and join me in the Preamble. ...The National Executive Committee recited the Preamble to the Constitution of The American Legion. NATIONAL COMMANDER FOSTER: Resolution 288 adopted at the 67th Annual National Convention requires a designation of a POW/MIA chair or flag at all official meetings of The American Legion. This is a symbol of the thousands of American POW/MIAs still unaccounted for from all wars and conflicts involving our nation. With the POW/MIA flag positioned to my left, let it serve as a reminder for us to spare no effort to secure the release of any American prisoners, repatriation of the remains of those who have been killed in action, and a full accounting of those who are still missing. Let us rededicate ourselves to this final endeavor. ...At this time National Vice Commander Henry assumed the Chair. NATIONAL COMMANDER FOSTER: Good morning. With us in the audience today is a man that's been around the system a long time. He's here. He's a VSO liaison. He's special assistant to the secretary of the VA in the Washington, D.C. office, and we're

114 Proceedings of Thursday, October 14, 2010 going to allow him a brief moment to speak about the system and about being a veteran. Let's give a round of applause to Kevin Secor. (Applause)

Greetings: Kevin Secor Special Assistant to the Secretary of the Veterans Administration

Good morning ladies and gentlemen. On behalf of Secretary Shinseki, he wanted me to stop by and just give his best to everything to you and congratulations on all your endeavors, your programs, your efforts in support of our veterans. Being advocates for our veterans, the same as he feels he is for our veterans. So, on his behalf, thank you for everything that you do. My name is Kevin Secor, and if you don't know me, I'm a retired Marine. I retired in 2005 as a Master Gunnery Sergeant. I came to the VA in 2005. I was informed that the secretary of Veterans Affairs was looking for a senior enlisted who had no affiliations with the VSO community. And at that point in time I raised my hand, threw my name in the hat, I went through the interview process with a few others. I met the secretary and he asked me -- told me a little bit about the position and all that, and I just smiled at him and I said, "You know, sir, I'm a simple minded Marine," but I said, "What it sounds like what you want me to do is be your sergeant major." Well he just smiled and said, "Yes, that's exactly what I'm looking for." I said, "Okay." And he goes, "Would you join the team?" I said, "Yes, I shall." And at that point in time I didn't understand or realize how large the VA was. I learned very, very quickly. That was Secretary Nicholson. Secretary Peake came aboard and asked me to stay aboard. And then when Secretary Shinseki came aboard, he asked that I remain. And in doing so I'm very, very honored. What does my position do? I am the go between, your organization and the secretary. I try to inform the secretary of your concerns, your issues, and at the same time I try to inform your leadership of what the VA is doing, and how the VA is doing it. That reminds me. There's a person that I know who ended up traveling a lot. Him and his wife of course they had two little kids, and the kids always ended up sleeping in their bed when he went traveling. The wife kept on saying, "You know, this is getting a little bit too much." And the kids were about five and four, and so he was getting ready to go on his trip, and he looked at the kids and he said, "Children, when I go someplace I'll bring you back a gift. But you can only get that gift if you don't sleep in the bed with your mother." And the kids responded, you know how kids want gifts, you know, whenever it's possible. So, the kids say okay. Dad goes off on his trip; comes back; he's got the gifts. As he's coming through the airport, the kids are there. The kids come running to see dad saying, "Daddy, Daddy, nobody slept with mommy." (Laughter) Ladies and gentlemen, the father knew exactly what the kids were saying, but the oher people in the airport did not. And that's why I'm here. I am making sure that the VA understands what The American Legion is doing. How The American Legion is going about doing their business. And if they have issues, how we resolve it. It all boils down to open communications. That open line of communication. To be able to talk frankly so we all can work together for one thing, and that's for the betterment of our veterans. Your mission, The American Legion mission, is the same as the VA's. Bottom line, taking care of our veterans, their families and the survivors. (Applause) And I do want you to know that nobody supports you more than the VA. You support the VA so much with your volunteerism, with all your programs. It's just uncalled for. And I greatly appreciate it. But I do want you to know, and I'm not going to take up much of your time, that you have a voice to the secretary. We're in constant contact with your leadership. They inform

Proceedings of Thursday, October 14, 2010 115 us of your issues. I do believe we have an open line of communication. Working together we can serve our veterans the best. You're our voice on the Hill. When we have issues, when we need something, you ensure we get it. Ensuring we get it, means our veterans get it. But the bottom line, the final thing I want to say is that your secretary, however, is working very, very hard to ensure our veterans get what they deserve. There's one thing that I can say about our secretary, he's a four star general. He was the chief-of-staff of the Army. He's been through many, many things, but as the chief-of-staff of the Army, his bottom line was taking care of the troops. Making sure that the troops got the equipment and everything they needed to train. When he came to the VA, he came with that same, same concept. That same ideology. He's here for the troops. And with your help, we all can make it better for everyone. Ladies and gentlemen, thank you very much for allowing me this opportunity. Sir. (Applause) NATIONAL COMMANDER FOSTER: I only have one question for you: Are you a member of The American Legion? MR. SECOR: I am. (Applause) ... At this time National Commander Foster resumes the Chair. NATIONAL COMMANDER FOSTER: Call on the national adjutant for roll call.

Roll Call

National Officers

National Commander Jimmie L. Foster, Alaska

National Adjutant Daniel S. Wheeler, Virginia

National Chaplain Rev. Daniel J. Seehafer, Wisconsin

National Vice Commanders Russell J. Henry, Louisiana John M Mella, Michigan Carlos Orria-Medina, Puerto Rico Eugene Pytka, Rhode Island William F. Schrier, Washington

Past National Commanders

William E. Galbraith, Nebraska (Excused) Bruce Thiesen, California John H. Geiger, Illinois (Excused) William M. Detweiler, Louisiana Michael J. Kogutek, New York (Excused) Daniel A. Ludwig, Minnesota Keith Kreul, Wisconsin Joseph J. Frank, Missouri Clarence M. Bacon, Maryland Anthony G. Jordan, Maine John P. Comer, Massachusetts Butch L. Miller, Virginia Hon. H.F. Gierke, North Dakota (Excused) Hon. Alan G. Lance, Sr., Idaho (Excused) Miles S. Epling, West Virginia Ray G. Smith, North Carolina (Excused) Robert S. Turner, Georgia Richard J. Santos, Maryland Dominic D. DeFrancesco, Pennsylvania (Excused) Ronald F. Conley, Pennsylvania

116 Proceedings of Thursday, October 14, 2010 John A. Brieden, III, Texas (Excused) Martin F. "Marty" Conatser, Illinois Thomas P. Cadmus, Michigan Robert W. Spanogle, Michigan Thomas L. Bock, Colorado David K. Rehbein, Iowa Paul A. Morin, Massachusetts Clarence E. Hill, Florida

National Executive Committeemen

Department Committeeman Alternate Alabama Floyd W. Turner Alaska James E. Pisa Arizona Deodoro M. Aguilar Arkansas Cleave B. Weiss California Edward C. Landis Colorado Ralph P. Bozella Connecticut Richard W. Anderson Delaware Lyman R. Brenner D. C. Theodore A. Webb Florida Robert J. Proctor France Liam Kane Georgia Charles F. Wessinger Hawaii Andrew W. Johnson Idaho Wayne D. Mitchell Illinois Eugene Thompson Indiana W. Darrell Hansel Iowa John J. Ross Kansas David O. Warnken Kentucky Randall Coffman Louisiana Charles D. Aucoin Maine Robert A. Owen Maryland Leroy E. Thornton Massachusetts Milton K. Lashus Mexico Jerry A. King Michigan Darwin Krieger Minnesota Raymond DeZurik Mississippi Robert E. Gosa Missouri Richard A. Heigert Montana Sylvia A. M. Beals Nebraska Douglas Boldt Nevada Ron Gutzman New Hampshire John E. Neylon New Jersey William Billy Mack New Mexico Taurino J. Trevino New York Richard R. Keiser North Carolina Jerry L. Hedrick North Dakota Curtis O. Twete Ohio Henry S. Long Oklahoma Warren D. Wilson Oregon Charles E. Schmidt Pennsylvania Richard A. Coccimiglio Philippines Charles H. Cathey, Jr.Excused Herbert J. Scholten Puerto Rico Rhode Island Ronald P. LeVasseur

Proceedings of Thursday, October 14, 2010 117 Department Committeeman Alternate South Carolina Billy W. Bell South Dakota Paul A. Evenson Tennessee Rollen D. Bradshaw, Sr. Texas Conrad L. Roberson Utah William E. ChristoffersenExcused Terry D. SchowExcused Vermont Barbara Bushaw Virginia George C. Lussier, Jr. Washington Michael L. Montaney West Virginia William W. Kile Wisconsin David L. Gough Wyoming Gerald L. Jacobs

NATIONAL ADJUTANT WHEELER: Commander, that completes the roll call. NATIONAL COMMANDER FOSTER: I declare a quorum. At this time, any unfinished business?

Appointments to the Legion Riders Advisory Committee

NATIONAL COMMANDER FOSTER: The Internal Affairs Commission recommends that the following appointments be made this year to the Legion Riders Advisory Committee to the Internal Affairs Commission. They being Terry Woodburn from the Department of Illinois; Bill Kaledas from the Department of Michigan; Thomas J. Haynes from the Department of Texas; Everett Freel from the Department of Iowa; Michael M. Kirchoff from the Department of Florida. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: I move for the approval of the appointments, Commander. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. Any unfinished business? Okay. At this time we will call on the Americanism Commission chairman, Joseph E. Caouette from the Department of New Hampshire.

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

Commander, members of the National Executive Committee. It's a privilege to once again stand before you to report on the actions of your National Americanism Commission. Copies of my report and an accompanying attachment has been distributed for your review, so I will not address those. Some items of note. The commission wishes to congratulate the team sponsored by the Department of Oklahoma's Post 170 from Midwest City who emerged as the 2010 American Legion World Series championship team. The commission also commends the Department of Washington and all Legionnaires and citizens of Spokane for hosting a very successful 2010 American Legion World Series. For the second year in a row the live webcast of the World Series tournament proved to be an overwhelming success. Analytics showed that the webcast was viewed for nearly 3.25 million minutes by more than 104,690 unique visitors, a tenfold increase from last year's visitor count. Really a dramatic increase in viewership. Your commission is enthusiastically looking forward to the inaugural single site World Series, August the 12-16, 2011, hosted by American Legion Post 82 in Shelby, North Carolina. We hope to see many of you there. You will be impressed.

118 Proceedings of Thursday, October 14, 2010 The Americanism Commission in 2007 expressed concern in the gradual, yet steady, decline of participation of Boys State government programs. Contained in my written report are results of participation numbers for our Boys State programs this past year. The 2009 national participation report showed an upward swing for the first time in many years. That's 2009. Unfortunately, the figures for this year’s Boys State program showed a decline of 251 participants. This must be reversed. I ask your help in seeing to it that we can increase once again the Boys State participation. Your Counter-Subversive Activities Committee remains vigilant to the radicalism and subversion which threatens to undermine our nation. The committee urges a renewed commitment to establishing counter-subversive programs at your post, district, and department levels to help maintain an informed membership. A citizenry that remains aware is the greatest deterrent to subversive influences within the United States. It doesn't have to be all airplane awareness. We must be very careful about what happens to our water supplies across the country, to our nuclear facilities. Maintain vigilance. Lastly, I urge you all to get out the vote in a few short weeks. Every election, especially this year, is extremely important. The people elected are those who establish laws under which we live and decide how our tax dollars will be spent. Your commission believes no activity is anymore true Americanism than to support our electoral process and, above all, to be a conscientious voter. And finally, I must grudgingly, oh, this hurts, but I must congratulate my New York Yankee fans. (Laughter) I concede for this year. You won it fair and square. But Red Sox Nation is plotting right now, and wait until next year. Mr. Commander, that concludes my report. Report: Americanism Commission Joseph E. Caouette, Jr., New Hampshire, Chairman

Mr. Commander and members of the National Executive Committee: The National Americanism Commission met August 28, 2010 in Milwaukee, Wisconsin prior to the opening of the 92nd National Convention of The American Legion. An executive section of the Commission met in Indianapolis, Indiana, October 11-12, 2010. This report will cover both meetings. The National Americanism Commission met jointly with the National Commission on Children & Youth at its pre-convention meeting. Appearing at this session were five national youth champions. They were: Charles Brown of Avon Park, Florida, 2010 American Legion Boys Nation President Hannah Black of Yorktown, Virginia, 2010 Junior Air Rifle Sporter Champion Joe Phillips of Fond du Lac, Wisconsin, 2010 Eagle Scout of the Year Tyler Jacobson of Oneida, Wisconsin, 2009 American Legion Baseball Player of the Year Victoria ‘Tori” Black of Iva, South Carolina, 2010 Oratorical Champion. National Americanism Commission Chairman Joe Caouette (NH) and Chairman of the Commission on Children & Youth, Dennis Boland (FL) exchanged updates regarding programs of their respective commissions. The joint session also received remarks from Nathan Stiefel, Division Chief, Programs and Policy, Office of Citizenship, U.S. Citizenship and Immigration Services. Mr. Stiefel discussed the collaborative opportunities the Office of Citizenship offers for posts to receive the knowledge and tools necessary to organize and offer citizenship orientation sessions within our own communities to legal immigrants pursuing the dream of Americanism citizenship. The joint session also viewed the trailer for “The History of The American Legion” DVD. On October 11-12, 2010, thirty-one members of the National Americanism Commission, the Americanism Council, and the Counter-Subversive Activities

Proceedings of Thursday, October 14, 2010 119 Committee met at the Sheraton City Centre Hotel in Indianapolis, Indiana. The following is an overview of committee reports and program information that was discussed by those members in attendance.

National Americanism Conference

The 12th annual National Americanism Conference, which includes meetings of Boys State Directors, Girls State Directors, Department Baseball Chairmen, Department Oratorical Contest Chairpersons and Department Chaplains was held September 24-26, 2010, in Indianapolis. Three hundred and sixty-eight program volunteers attended. The American Legion Baseball Chairman Conference reported 100% department attendance.

The National Committee on Education

The National Committee on Education met September 19-20, 2010, in Ballston Center Room 507, Marymount University, Arlington, Virginia. The Samsung National Selection Committee named the following ten students as 2010 Samsung American Legion Scholars and each will receive a $20,000 scholarship for their undergraduate studies: • Mary Asma, Belgium, Wisconsin • Molly Cain, Seaford, Delaware • Spencer Farley, Lincoln, Nebraska • Joshua Foerst, Streetsboro, Ohio • Samantha Lessen, Alexandria, Louisiana • Adam Logeman, St. Cloud, Minnesota • Derik Russell, Waverly, Missouri • Sean Stanko, Chula Vista, California • Zachary Tally, Spartanburg, South Carolina • Sarah Vogel, Livonia, New York

The remaining 88 “National Finalists” in the Samsung American Legion Scholarship Program will each receive a $1,000 scholarship for their undergraduate studies. To date, The American Legion and Samsung have awarded scholarships totaling over $3.8 million.

Counter-Subversive Activities Committee

Your Counter-Subversive Activities Committee remains vigilant to the radicalism and subversion which threatens to undermine or destroy our nation. The Committee acknowledged the degree and seriousness with which illegal immigration has broadened the importance of national and homeland security concerns. Because illegal immigration has escalated into a serious threat against our homeland security, and because the National Security Commission possesses a strong national security focus, the Committee reaffirms its support of the collaborative oversight of illegal immigration issues between the National Security Commission and the National Americanism Commission as a more beneficial and comprehensive approach in dealing with these issues. The Counter-Subversive Activities Committee recommended continued use of all means available to inform membership of The American Legion and the general public about positions, initiatives and actions of the organization as they relate to subversion. The Committee also strongly urged renewing commitment to establishing counter-

120 Proceedings of Thursday, October 14, 2010 subversive programs at post, district and department levels to help maintain an informed membership. American Legion Boys State

In 2007, by resolution, your Commission expressed concern regarding the trend of declining participation in American Legion Boys State programs. In 2009, an upward swing in participation was experienced for the first time in 15 years with an increase of 231 participants. Unfortunately, participation in the 49 Boys State programs for 2010 showed a decline of 251 participants from the previous year. The participation issue was discussed by the Boys State Directors during their annual conference September 24-26, 2010.

American Legion Baseball

The National Americanism Commission congratulates the Department of Washington, the city of Spokane, host American Legion Post 9 and the volunteers who made the 2010 American Legion Baseball World Series a huge success. The Commission also extends congratulations to the team sponsored by Post 170 in Midwest City, Oklahoma who emerged as the 2010 American Legion Baseball World Series championship team. The live video webcast of The American Legion Baseball World Series tournament proved to be an overwhelming success again this year. This was the second year that the tournament has been live video webcast. Analytics revealed that the webcast was viewed for nearly 3.25 million minutes by more than 104,690 unique visitors. Members of the broadcast team in Spokane included Jim Darby and Greg Rakestaw, who did the play by play while Jeff Kent (a five-time Major League Baseball All Star player and record holder for the most home runs hit by a 2nd baseman), Bill Haase, Carl Hennell, and Gary Stone shared the color commentator duties. The new online American Legion Baseball registration program debuted earlier this year, with 4,434 teams registering to play American Legion Baseball this season. In addition to the online registration process, teams were able to purchase insurance, roster their players, order items from Emblem Sales, and upload photos and schedules via the Internet. This new registration process also made for easier and time-saving access to team rosters, which greatly streamlined the process to certify Regional and World Series tournament teams, and make airline and hotel reservations. Your Commission is enthusiastically looking forward having American Legion Post 82 and Shelby, North Carolina as the permanent host and site of The American Legion Baseball World Series. We hope to see many in attendance, August 12-16, 2011. At the meeting of the National Americanism Commission held at the Sheraton Indianapolis City Centre Hotel in Indianapolis, Indiana, October 11-12, 2010, 15 resolutions were considered and their recommended disposition forwarded to the National Executive Committee Subcommittee on Resolutions. There is a separate appendage for your consideration.

Addendum A: Resolutions Not Approved

Hold for Further Study

Resolution No. 193 (TX) (2010 Natl. Conv.): Transportation Costs for all Players in the American Legion Baseball World Series Resolution No. 239 (MO) (2010 Natl. Conv.): Proper Display and Care of the American Flag

Proceedings of Thursday, October 14, 2010 121 Received and Recorded

Resolution No. 191 (TX) (2010 Natl. Conv.): Flag Code compliance During Athletic Events

Disposed of Administratively

Resolution No. 6 (KS) (2010 Natl. Conv.): Support and Distribute Braille U.S. Flag Resolution No. 47 (PA) (2010 Natl. Conv.): Ashes to Graves Flag Program Resolution No. 64 (CA) (2010 Natl. Conv.): Patriot Day Resolution No. 67 (CA) (2010 Natl. Conv.): Judicial Jurisdiction Over Claims Against Veterans Memorials or Cemeteries Arising Under the Establishment of Religion Clause Resolution No. 177 (VA) (2010 Natl. Conv.): United States Flag Dimensions

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, I move that the Americanism Commission report be received and filed, with the exception of two resolutions. There's one addendum. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried.

Resolution No. 28: American Legion Baseball Region One Tournament Site Origin: Americanism Commission Submitted by: Americanism Commission WHEREAS, Resolution 9 of the National Executive Committee, May 2009, established that beginning with the 2011-2012 seasons, regional tournaments of The American Legion Baseball program will be sited in one location for two (2) consecutive years based on accessibility and central location as determined by open bids using objective, weighted evaluation criteria; and WHEREAS, Resolution 38 of the National Executive Committee, May 2010, established the dates for regional tournaments of The American Legion Baseball program of August 4-8, 2011, and August 9-13, 2012; and WHEREAS, The Northeast - Region 1 was unable to secure a location prior to the May 2010 meetings; and WHEREAS, It is the responsibility of the National Americanism Commission to select the sites and dates for the regional and World Series tournaments of American Legion Baseball; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That the site for the 2011 and 2012 Region 1 tournament of The American Legion Baseball program be awarded to Old Orchard Beach, Maine.

RESOLUTIONS SUBCOMMITTEE MEMBER SCHMIDT: This has the approval of the Americanism Commission, the Subcommittee on Resolutions, therefore, I move for its adoption. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried.

122 Proceedings of Thursday, October 14, 2010 Resolution No. 29: Flag Code Amendment Origin: Americanism Commission Submitted by: Americanism Commission WHEREAS, The United States Flag Code, Title 4, United States Code, Chapter 1, Subsections 1-10, is a codification of existing rules and customs pertaining to the display and use of the flag of the United States of America; and WHEREAS, Practices and customs have been modified in the past few years regarding certain display procedures; and WHEREAS, Previous changes and modifications to the Flag Code did not clearly state the intent of some display procedures; and WHEREAS, The Flag Code needs to reflect current, accepted patriotic practices; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That The American Legion seek the appropriate legislation or Presidential proclamation to alter, amend, or modify the following provisions of the United States Flag Code, Title 4, United States Code, Chapter 1: SS6. Time and occasions for display (d) The flag should be displayed on all days, especially on New Year's Day, January 1; Inauguration Day, January 20; Martin Luther King, Jr.’s birthday, the third Monday in January; Lincoln's Birthday, February 12; Washington's Birthday, February 22; Presidents Day, third Monday in February; Easter Sunday(variable); Thomas Jefferson’s Birthday, April 13; Loyalty Day - Law Day U.S.A., May 1; Mother's Day, second Sunday in May; National Maritime Day, May 22; Armed Forces Day, third Saturday in May; Memorial Day (half-staff until noon), the last Monday in May; Flag Day, June 14; Flag Week, week of June 14; Father's Day, third Sunday in June; Independence Day, July 4; National Korean War Veterans Armistice Day, July 27; Aviation Day, August 19; Labor Day, first Monday in September; Citizenship Day, September 17; POW/MIA Recognition Day, third Tuesday in September; American Gold Star Mothers Day, last Sunday in September; Columbus Day, second Monday in October; Navy Day, October 27; Veteran's Day, November 11; Thanksgiving Day, fourth Thursday in November; Pearl Harbor Day (half-staff), December 7; Christmas Day, December 25; and such other days as may be proclaimed by the President of the United States; the birthdays of States (date of admission); and on State holidays. (h) The flag should be displayed during public meetings, at cemeteries, and other public gatherings such as sporting events. SS7. Position and manner of display (f) When flags or pennants of States, cities, localities, societies, or corporations are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag's right, that is the observer's left. The flags or pennants of States, cities, localities, societies, or corporations may be of approximately equal size as the flag of the United States but not larger. (g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace. The flag of the United States should be on its own right, the observer's left. The flags of other nations are displayed on the observer's right and in alphabetical order from left to right.

Proceedings of Thursday, October 14, 2010 123 (m) The flag displayed at half-staff is a sign of national mourning and a mark of respect to the memory of principal figures of the U.S. or State Government and should not be so displayed, except as provided herein, or in special proclamation by the President of the United States or the Governor of any state, territory or possession. No other official may designate the United States Flag to be displayed at half-staff. The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day, the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States or the death of a member of the Armed Forces from any State, territory, or possession who dies while serving on active duty, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff and the same authority is provided to the Mayor of the District of Columbia with respect to present or former officials of the District of Columbia and members of the Armed Forces from the District of Columbia. When the Governor of a State, territory, or possession, or the Mayor of the District of Columbia, issues a proclamation under the preceding sentence that the National flag be flown at half-staff in that State, territory, or possession or in the District of Columbia because of the death of a member of the Armed Forces, the National flag flown at any Federal installation or facility in the area covered by that proclamation shall be flown at half-staff consistent with that proclamation. The flag shall be flown at half-staff thirty days from the death of the President or a former President; ten days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a state, territory, or possession; and on the day of death and the following day for a Member of Congress. The flag shall be flown at half-staff on Peace Officers Memorial Day, unless that day is also Armed Forces Day and Pearl Harbor Day, December 7. As used in this subsection: (1) The term "half-staff" means the position of the flag when it is one-half the distance between the top and bottom of the staff; (2) the term "executive or military department" means any agency listed under sections 101 and 102 of title 5 United States Code; and (3) the term "Member of Congress" means a Senator, a Representative, a Delegate, or the Resident Commissioner for Puerto Rico. SS8. Respect for flag (c) The flag may be carried flat or horizontally when a patriotic effect is desired and when it is of such size that it cannot be carried aloft and free. (i) The flag should never be used for advertising purposes in any manner whatsoever. Advertising signs should not be fastened to a staff or halyard from which the flag is flown. (j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, postal workers, and members of patriotic organizations. The flag

124 Proceedings of Thursday, October 14, 2010 represents a living country and is itself considered a living thing. Therefore, the lapel pin being a replica should be worn on the left lapel near the heart.

RESOLUTIONS SUBCOMMITTEE MEMBER SCHMIDT: Mr. Commander, due to the length of those provisions, unless someone has any objections, we will forego the reading of those provisions. NATIONAL COMMANDER FOSTER: Any objections? Hearing none. Granted. RESOLUTIONS SUBCOMMITTEE MEMBER SCHMIDT: Resolution 29 has the approval of the Americanism Commission, the Resolutions Subcommittee, therefore, I move for its adoption. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. RESOLUTIONS SUBCOMMITTEE MEMBER SCHMIDT: Commander, attached to the report of Addendum A. I move that the action of the Americanism Commission become the action of the National Executive Committee. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. Thank you. At this time I call on the Legislative Commission chairman from the state of Indiana, James E. Koutz.

Oral Report: Legislative Commission James E. Koutz, Indiana, Chairman

Commander Foster, members of the National Executive Committee and guests. The National Legislative Commission met at the Sheraton Indianapolis City Center on October 11th and 12th. Eleven members of the National Legislative Commission and the National Legislative Council chairman were in attendance. After opening, our National Legislative Council chairman, Michael Harris, presented the council's recent activities to the commission. Following the council's report, the commission discussed the interpretation of Rule 8-b of the National Executive Committee. I've included it as Attachment A of my report. During the discussion it was determined a more detailed review of the convention resolutions was required than has occurred in the past. Because of this, the commission spent the next two days reviewing all 210 resolutions of the 92nd National Convention of The American Legion which were legislative in nature. Upon its review, the commission recommends removal of six resolutions: resolution numbers 241, 215, 170, 223, 232, and 270 that are not legislative in nature. As directed by Rule 8-b, the commission provides our recommendations for the legislative program as Addendum I to my report. Those resolutions included with the legislative program, are further categorized as either legislative initiatives or legislative policy statements. A legislative initiative reflects the resolution that calls for specific congressional action, or will likely receive congressional action during the 112th Congress. Legislative policy reflects the resolution that declares The American Legion general position on matters of national and international policy. No resolutions were referred to the commission for consideration. Pursuant to Rule 8-b, the resolutions passed at the Fall National Executive Committee meeting will be reviewed at the next meeting of the National Legislative Commission for determination of their inclusion with the legislative program. Commander Foster, I want to commend you for your outstanding testimony before the joint session of the Veterans Affairs committees. In your testimony, you provided clear benchmarks for the first session of the 112th Congress. The commission would like to thank you, Commander, for taking time to meet face-to-face with more than 20 lawmakers. Your message was heard loud and clear. It reinforced the messages delivered

Proceedings of Thursday, October 14, 2010 125 by other Legionnaires visiting other offices. This was truly an effective grassroots campaign. As you mentioned in your report, we were extremely successful, and went six and oh. The American Legion arrived on September the 20th with four issues we asked Congress to take action on during the 111th Congress. Before you left, 10 days later, all four had been accomplished. We even had two more victories that were unexpected. Our voice was helpful in handling consideration of Don't Ask, Don't Tell, and other nonmilitary provisions within the National Defense Authorization Act. Our arguments pushed Congress to pass a long-termed continuing resolution for the federal agencies including VA and Department of Defense until December. Our effort stepped up passage of a veterans omnibus benefits bill. This will increase and improve multiple benefits and programs throughout the nation. Nearly every veteran will be touched in some way because of this law. And at long last, a parent doesn't need to lose all of his or her children in service to our country to be eligible for care within a state veterans’ home. Congress finally concurs with The American Legion. Losing one child in service to our country is enough. These parents, our nation's veterans, our country, have responded loudly in thanking The American Legion for our efforts on these issues. I thank you, commander, and every Legion family member who assisted this past month. With the 2010 elections just three weeks away, this body will need to shift its attention to the nominations of Legionnaires in their departments to the National Legislative Council. This council is most effective when its members consist of Legionnaires with a personal relationship with their respective lawmakers. I cannot begin to tell you how important the council is to The American Legion legislative victories. I anticipate many changes within Congress, and therefore, expect many changes in the National Legislative Council. I have included Attachment B to my report, the forms you will be receiving following the elections in November. As you can see, these are unique to your state. Please take time and effort to put the best qualified people on that council. Without your efforts, our grassroots efforts aren't as successful. We need to have this council in place by the start of the new Congress in January. Therefore, your cooperation will be greatly appreciated. The National Legislative Commission greatly appreciates the continued support of the National Executive Committee, and looks forward to your leadership as we pursue The American Legion's legislative program. Mr. Commander, thank you for your outstanding leadership. It's been an honor to serve as your chairman of the National Legislative Commission. Now let me introduce a gentleman that most of you know, but some of you may not, the new director of the Legislative Division, Mr. Tim Tetz. (Applause) Mr. Commander, that concludes my report.

Advance Report: Legislative Commission September 28, 2010 James E. Koutz, Indiana, Chairman

Twenty-six (26) members of the National Legislative Commission, two (2) members of the Liaison Committee, and fifty-six (56) members of the National Legislative Council, as well as other guests including national officers of The American Legion, the American Legion Auxiliary and the Sons of The American Legion, met in Salons J & K at the Crystal Gateway Marriott Hotel in Arlington, VA on September 21, 2010. This meeting was convened on the eve of the National Commander’s scheduled presentation of legislative priorities to Congress. The briefing session was focused on VA funding for fiscal years (FY) 2011 and 2012. National Commander Jimmie Foster (AK) made remarks outlining the importance

126 Proceedings of Thursday, October 14, 2010 of visiting with lawmakers and leaving the Legislative Drop Sheets with lawmakers and their staffs. Veterans Affairs and Rehabilitation Commission Chairman Michael Helm (NE) gave remarks on VA&R legislative mandates for the coming year. Economic Division Deputy Director Mark Walker (DC) also gave brief remarks. In addition, Legislative Commission Chairman James Koutz gave a brief review of major issues. National Legislative Council Chairman Michael Harris (VA) gave an update on the Council. Legislative Director Tim Tetz (NV) discussed the status of the FY 2011 budget and the possibility of delays in finalizing the FY 2011 appropriations measures. The next day, September 22, National Commander Foster 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. 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 13-14, 2010.

Report: Legislative Commission October 13-14, 2010 James E. Koutz, Indiana, Chairman

The National Legislative Commission met at the Sheraton Indianapolis City Center in Indianapolis on October 11-12, 2010. Eleven (11) members of the National Legislative Commission and the National Legislative Council chairman were in attendance. National Legislative Council Chairman Michael Harris (VA) presented the Council's recent activities to the Commission. Prior to discussion of the resolutions the Commission discussed the interpretation of Rule 8-b (see Attachment A) of the National Executive Committee. During the discussion it was determined a more detailed review of convention resolutions, along with Legislative Staff recommendations regarding each resolution, was required before the Commission could properly submit the legislative program for the 112th Congress to the National Executive Committee. No resolutions were referred to the Commission for consideration. Pursuant to Rule 8-b, resolutions passed at this Fall National Executive Committee meeting will be reviewed at the next meeting of the Legislative Commission for determination of their inclusion within the Legislative Program. The Commission reviewed Addendum I, the entire slate of resolutions approved at the 92nd National Convention of The American Legion which are legislative in nature. The Commission recommends removal of six resolutions (#241, 215, 170, 223, 232, 270) that are not legislative in nature. In accordance with the instructions of Rule 8-b, the Commission recommends inclusion of those resolutions denoted with an ‘X’ within the Legislative Program. Those not within the Legislative Program will still remain a part of the legislative portfolio; however, the Commission believes they are unlikely to be successfully advanced during the 112th Congress. Each resolution within the Legislative Program has been assigned to one of two categories: legislative initiative (LI) or legislative policy statement (LP). Those recommendations are included in Addendum II to this report and are submitted for consideration by this Committee for approval. Each program division of The American Legion was canvassed for which convention-passed resolutions should be “originated” per Rule 8-b during the 112th

Proceedings of Thursday, October 14, 2010 127 Congress. The Legislative Commission recommends the following resolutions (by division area) for this designation.

Americanism Res. No. 302 – Strategy to Address Problems Relating to Illegal Immigration Res. No. 303 – English Language be Declared Official U.S. Language Res. No. 308 – Constitutional Amendment to Protect the Flag of the United States

Children and Youth Res. No. 277 – Protect Children from Unrestricted Media Res. No. 284 – Strengthen Penalties to Eliminate the Production, Sale & Distribution of Materials that use Children in Sexually Explicit Scenes

Constitutional Amendments Res. No. 1 – Direct Payment of Renewal Dues

Economic Res. No. 217 – Support Reasonable Set-Asides of Federal Procurements and Contracts for Businesses Owned and Operated by Veterans Res. No. 319 – Support Major Enhancements for the Post-9/11 GI Bill Educational Benefits Res. No. 332 – Authorize SBA to Re-Establish a Direct Loan Program for Veteran Entrepreneurs

Foreign Relations Res. No. 73 – POW/MIA Policies Res. No. 79 – American Legion Policy Objectives Res. No. 352 – Support Secure Borders and War Against Drugs

Internal Affairs Res. No. 250 – Increase Income Tax Deduction for Volunteer Mileage Res. No. 276 – Change Internal Revenue Rules in Counting Sons of The American Legion Membership at the Post Level as Outlined in Section 501 (19) of the US Code

National Security Res. No. 147 – Support for Concurrent Receipt of Military Retirement and VA Disability Compensation

Veterans Affairs and Rehabilitation Res. No. 103 – Support Medicare Reimbursement for VA Res. No. 172 – GI Bill of Health Res. No. 175 – The American Legion Policy on State Veterans Home Per Diem Reimbursement Res. No. 300 – Reorganization of Arlington National Cemetery

The Commission then received in-depth briefings from the Legislative staff on various congressional actions since the Commission's last meeting. Commission members discussed the Gold Star Parents bill; the Omnibus Veterans Benefits bill; the Continuing Resolution ending December 3, 2010; the FY 2011 National Defense Authorization Act; the appropriations process for Fiscal Year (FY) 2011; and other issues currently pending in Congress.

128 Proceedings of Thursday, October 14, 2010 The remainder of this report provides a summary of congressional actions since the National Convention on issues of particular concern to The American Legion. The report is arranged by program areas.

111th Congress, Second Session The FY 2011 appropriations process has ground to a halt, the deadline for passage of the 12 appropriations bills to fund federal programs – October 1, 2010 – has already passed. The House has passed only 2 of the 12 spending bills, while the Senate has passed none. Congress still has a great deal of work to do. Since all 12 appropriations bills were not enacted by the end of September, a continuing resolution was passed by Congress to keep the federal government running. On September 29, the Senate passed H.R. 3081 by a vote of 69-30. Originally introduced last year as the State Department and Foreign Operations spending measure for FY 2010, the bill was amended to become a continuing resolution, which contains stop-gap funding for the entire federal government until December 3. The House passed the measure on September 29 by a vote of 228-194. It was signed into law on September 30 as Public Law (PL) 111-242. A continuing resolution is a short-term spending measure that funds either a portion of or the entire federal government at spending levels equal to the current fiscal year. This stop-gap action may be used for a few days, a few weeks, or even several months. Should neither congressional chamber see fit to pass the remaining spending measures, an omnibus spending bill is the next solution. An omnibus bill would include all the appropriations bills that have not been enacted, and are then passed as one, massive spending measure. With a lame-duck congressional session already scheduled to begin November 15, Congress has several funding options; it may pass another continuing resolution after December 3, pass individual appropriations bills or pass an omnibus package that will last the entire fiscal year. Congressional elections take place this November 2. All 435 seats in the House of Representatives and 37 Senate seats are up for election. As of September 30, ten senators are retiring and one is running for a different office. In the House, 31 members have announced plans to retire or are running for a Senate seat, governorship or other office. Four House and three Senate incumbents were defeated for re-nomination, and six others were defeated while running for nomination to different office.

Americanism Despite introduction in 2009 of House Joint Resolution (H.J. Res.) 47 and Senate Joint Resolution (S.J. Res.) 15, Congress failed to take any action on a constitutional amendment to protect the American flag during the 111th Congress. With November elections looming, and a good chance of changes occurring in the make-up in both chambers, The American Legion will continue to seek passage of a constitutional amendment to protect the American flag because it is the right thing to do. Let the people decide. Economics On September 27, the Senate by unanimous consent approved H.R. 3553, the Indian Veterans Housing Opportunity Act, introduced by Representative Ann Kirkpatrick (AZ). The measure now goes to the White House for the President’s signature. The legislation will ensure that disabled Native American veterans, their families and their survivors are not denied support through the Native American Housing Assistance and Self- Determination Act (P.L. 104-330) due to their military service. When P.L. 104-330 was enacted in 1996, it sought to allow tribal communities to more easily access housing grants by providing support to families who make less than 80 percent of the median income of their area. While the law has helped many Native

Proceedings of Thursday, October 14, 2010 129 American veterans, due to an oversight it counts veterans’ disability or survivor benefits payments as income. As a result, some former service members who receive those benefits are made ineligible for badly-needed housing assistance. H.R. 3553 fixes this flaw by specifically excluding veterans’ benefits from the definition of income, finally correcting a problem that has disadvantaged thousands of Native American veterans and their families. On September 28, the House of Representatives approved a number of bills affecting veterans, which now go to the Senate for further action. These measures include: • H.R. 6132, the “Veterans Benefits and Economic Welfare Improvement Act of 2010,” introduced by House Veterans’ Affairs Committee Chairman Bob Filner (CA), was passed by a voice vote. This comprehensive bill would establish a transition program for new veterans not eligible for other employment aid programs and who had a military occupational specialty of limited transferability to the civilian job market. The bill includes provisions to improve the disability claim system by extending the 120-day limit for the filing of an appeal to the Court of Veterans Appeals after a final decision of the Board of Veterans’ Appeals upon a showing of good cause for such time as justice may require. The bill would also: increase the pension amount for Medal of Honor recipients; establish an award program that will permit the VA to recognize businesses for their contributions to veteran’s employment; and, protect veterans from losing their nonservice-connected pension benefits because they received payments to cover expenses incurred after an accident, theft, loss, or casualty loss. • H.R. 5360, the “Housing, Employment, and Living Programs for Veterans Act of 2010,” introduced by Representative Stephanie Herseth Sandlin (SD), was passed by a voice vote. This comprehensive bill improves vocational rehabilitation, internship, work-study, and on-the-job training programs offered by VA. The bill provides support for programs and facilities that provide services for homeless women veterans and their families. The bill also improves specially adapted housing assistance. • H.R. 5630, introduced by Representative John Boozman (AR), was passed by a voice vote. This measure would provide qualifications for vocational rehabilitation counselors and vocational rehabilitation employment coordinators employed by the VA.

In addition, on September 29, the House approved H.R. 3685, a bill to promote the VetSuccess Internet website, introduced by Representative Cliff Stearns (FL), by a recorded vote of 425-0. This bill would require the VA Secretary to include on the VA home page website a hyperlink to the VetSuccess website. The measure goes to the Senate for further action.

Internal Affairs On September 16, Senate Resolution (S. Res.) 627 was introduced in the Senate by Senator Olympia Snowe (ME). This resolution supports the designation of September 16 – which is the anniversary of The American Legion receiving its Federal charter in 1919 – each year as “The American Legion Day.” The resolution seeks to establish a national day of observance of The American Legion's goals and ideals in which the country may celebrate, with appropriate programs and activities, the long history of our organization

130 Proceedings of Thursday, October 14, 2010 and its steadfast and patriotic service to the community, state and nation. The resolution passed the Senate by unanimous consent the same day as it was introduced.

National Security On September 16, by a vote of 18-12, the Senate Appropriations Committee approved S. 3800, the FY 2011 appropriations bill for the Department of Defense (DoD). The bill totals $669.9 billion, an increase of $11.2 billion over current year funding and $8.3 billion below the President’s request. The House Appropriations Committee has yet to pass its version. Funding for specific program areas in the Senate bill include: • $157.7 billion for all costs to continue military operations in Iraq and Afghanistan; • $31.5 billion for DoD health programs, an increase of $2.3 billion over FY 2010; • $5.1 billion for purchase of one Virginia-class attack submarine in FY 2011, and advance procurement for another submarine in FY 2012; • $5 billion for the F-35 program, including procurement of 32 planes for the Air Force and Navy; • $3 billion for further development and procurement of two additional DDG-51 (Arleigh Burke-class) destroyers; • $2.6 billion for procurement of 35 V-22 Ospreys for the Air Force and Marine Corps; • $1.7 billion for procurement of 22 additional F/A-18E/F Super Hornet aircraft; • $1.5 billion for the destruction of chemical agents and munitions; • $1.2 billion for drug interdiction and counter-drug activities; and, • $763 million for upgrades and procurement of additional Stryker vehicles.

On September 21, the Senate was preparing to begin debate and vote on passage of S. 3454, the FY 2011 National Defense Authorization Act. This measure sets the annual budget for the Department of Defense (DoD), and also includes a myriad of policy provisions. This year, the Senate leadership was bound and determined to include two amendments to S. 3454 that were not truly germane to defense issues. One of these amendments was immigration reform legislation called the “DREAM Act.” The “DREAM Act” is another attempt to grant amnesty for illegal aliens, which The American Legion opposes. In addition, the Senate bill included language that repealed the military’s current policy known as “Don’t Ask, Don’t Tell” (DADT), which allows homosexuals to serve in the armed forces without revealing their sexual orientation. Even though DoD is carrying out surveys and conducting a study to determine the best way to implement the repeal of DADT, Congress was seeking to repeal the policy immediately. Finally, The American Legion was hopeful that language dealing with the Disabled Veterans’ Tax (also known as concurrent receipt) would be included in S. 3454. Under the rules of the Senate, most legislation is debated for a set period of time. However, the Senate leadership was intent on limiting debate on the “DREAM Act” and DADT, and then hold a vote to end debate, followed by an immediate vote on passage of the bill. This procedure is called “cloture,” and requires 60 votes to end debate and proceed to a bill’s passage. When the cloture vote was held, the final total was 56 votes to end debate and 43 to continue. Therefore, the Senate leadership was defeated for the lack of 4 votes. While the non-passage of the “DREAM Act” and DADT is heartening, our organization had hoped some language addressing the Disabled Veterans’ Tax would have been included in S. 3454.

Proceedings of Thursday, October 14, 2010 131 The lame-duck legislative session is now going to be the focus of final action on this legislation.

Veterans Affairs and Rehabilitation The Senate on September 20 passed H.R. 4505 by unanimous consent. This bill will allow State veterans’ homes to furnish nursing home care to parents who have any children that died while serving in the armed forces. Under current law, eligible non- veterans are veterans’ spouses, widows, and Gold Star parents who have lost all of their children in military service. The measure was signed by the President on September 30, becoming P.L. 111-246. On September 22, the Senate by unanimous consent approved H.R. 4667, a bill that would provide a cost-of-living adjustment for disabled veterans. The measure would increase the amounts paid to veterans for disability compensation and to their survivors for dependency and indemnity compensation. The increase would be the same cost-of- living adjustment payable to Social Security recipients and would take effect Dec. 1, 2010. VA estimates that it will provide disability compensation to just over 3 million veterans with service-connected disabilities in the current fiscal year. The President signed the bill into law on September 30, as P.L. 111-247. On September 29, the House passed H.R. 3219, the Veterans' Benefits Act of 2010. Among the measure’s many provisions, it would: • Establish, with respect to the provision of VA health care, a priority level for veterans awarded the Medal of Honor equal to that of former prisoners of war and Purple Heart recipients; • Provide permanent VA authority to provide hospital care, medical services, and nursing home care to Vietnam-era herbicide-exposed veterans and Persian Gulf War veterans who have insufficient medical evidence to establish a service-connected disability; • Prohibit VA from collecting copayments or other fees from catastrophically disabled veterans for the receipt of VA hospital care or medical services; • Establish within the Veterans Health Administration (VHA) a Director of Physician Assistant Services, to be responsible for all matters relating to the education and training, employment, utilization, and optimal participation of physician assistants within VHA programs and initiatives. It would also require VA to ensure that an individual is serving in such position within 120 days after the enactment of this Act; • Direct VA to establish within the VHA the Committee on Care of Veterans with Traumatic Brain Injury to continually assess VHA capabilities to effectively meet the treatment and rehabilitation needs of veterans with traumatic brain injury. It would further require an annual report to the congressional Veterans' Affairs committees on the implementation of this section; and, • Amend the Veterans' Mental Health and Other Care Improvements Act of 2008 to revise participant eligibility requirements under a pilot program of contract care for veterans residing in highly rural areas to: (1) remove the requirement that the veteran participant reside in a highly rural area; and (2) define required "hardship" in terms of the driving distance to the nearest VA facility providing primary, acute hospital, and tertiary care. In addition, the bill establishes in the Treasury the Qualified World War II Veterans Equity Compensation Fund to provide monthly payments of $1,000 to former active-duty World War II veterans who have not received benefits under the Servicemen's

132 Proceedings of Thursday, October 14, 2010 Readjustment Act of 1944. It requires Fund operation information to be included in annual VA budget justification documents.

National Legislative Council With the mid-term elections just days away, this body will need to shift its attention to the nomination of those Legionnaires from their Departments for appointment to the National Legislative Council for the 112th Congress. An explanation of the procedure for nominating and appointing members to the National Legislative Council follows. Just after the November elections, when the entire House of Representatives and one-third of the Senate are elected, National Headquarters staff prepare recommendation forms listing all the Members of the 112th Congress. For the sake of convenience, each form will be tailored to each Department, listing each Member of Congress for that Department. These forms will then be sent by e-mail to the Department NECman, Department Commander, and Department Adjutant in each Department. Included in the email will be an explanation of the purpose of the form and detailed instructions for filling out the recommendations form. (See Attachment B for samples of these documents.) After the recommendations form has been completed by the Department, signed by the NECman and attested to by the Adjutant, the form is to be returned to the Legislative Division in Washington, DC. Then each person recommended to serve on the Council will be sent a nomination letter along with a National Legislative Council Information Sheet. This information sheet asks for current contact information and for the liaison to let us know what their relationship is with their assigned Member of Congress. We ask for this information every two years because people move or change telephone numbers or e- mail addresses. Even if there is no change, let us know that too. Once the nominee completes the National Legislative Council Information Sheet, they are to return it to the Legislative Division in Washington, DC where it will be reviewed by the National Commander. If approved, a letter from the Commander will be sent to the nominee informing the nominee of their appointment along with a written description of the principal duties and responsibilities of a National Legislative Council Vice Chairman or Member. So far as who should be selected as a Legislative Council member, The National Executive Committee, in creating the Legislative Council, stated emphatically that this Council is to be composed of Legionnaires who are politically active in their states or congressional districts, and whose judgment and advice are respected by their elected members of Congress. The selected liaison should have the ability to pick up a phone and, with minimum effort, be able to speak directly with his or her Member of Congress. He or she could be a neighbor in the Member’s hometown, a college fraternity brother, a member of the same church, a former business associate, a veteran working on a prospective Member’s political campaign, or even a family member. As an example, when Representative Steve Buyer of Indiana was first elected to Congress, the Department of Indiana selected his father to be his Legislative Council liaison. Accordingly, Mr. Buyer took his Council duties very seriously, once remarking that he would sometimes talk to his son about legislative issues when they went fishing. Finally, after a few years, Representative Buyer approached the Legislative Director asking him to “please call off my father.” That is an effective Legislative Council liaison. Another question that is often asked with regard to the National Commander’s testimony each September is: what are the criteria for who is called in for this event? These Legionnaires include:

Proceedings of Thursday, October 14, 2010 133 • All members of the Legislative Commission; • The chairmen of the Veterans Affairs and Rehabilitation Commission and the Economic Commission; • Legislative Council liaisons for the Speaker of the House and the Senate Majority Leader; • Council liaisons for all members of the House and Senate Veterans’ Affairs committees; • Council liaisons for the chairmen and ranking members of the following House and Senate committees: Veterans’ Affairs, Appropriations, and Armed Services; and, • Council liaisons for Members of Congress who may be involved under special circumstances – such as a critical piece of veterans’ or similar legislation – on a case-by-case basis.

ATTACHMENT A Rule 8-b Legislative Program

A Legislative program shall be prepared for each session of the Congress by the National Legislative Commission and submitted for action of the National Executive Committee. Such Program shall be prepared from resolutions calling for legislation approved by the National Convention or by specific direction of the National Executive Committee. The National Legislative Commission shall submit the legislative program to the National Executive Committee with recommendations as follows: a. Bills to be originated by The American Legion for introduction in the Congress in conformity with a specific program of The American Legion. b. Bills pending in the Congress which The American Legion endorses and will support. c. Bills pending in the Congress which The American Legion disapproves and will oppose. d. The designation LI (Legislative Initiative) is assigned to those resolutions calling for specific congressional action, or those issues on which Congress is expected to take action in the near future, and the designation LP (Legislative Policy Statement) is assigned to those resolutions declaring The American Legion’s general positions on matters of National and International policy. In designing the Legislative program the National Legislative Commission is authorized to select from convention approved resolution items for inclusion in the Legislative program which conform to basic programs of The American Legion, which are timely and which, in its best judgment, can be successfully advanced for congressional action. Legislative programs approved by the National Executive Committee shall remain in force and effect during the life of the Congress to which they relate.

134 Proceedings of Thursday, October 14, 2010 ATTACHMENT B

MEMORANDUM TO: Department Adjutants DATE: November 17, 2010 SUBJECT: National Legislative Council FROM: Tim Tetz, Legislative Director Phone: 202.263.2981

Attached is the form on which your NECman is to submit recommendations for appointment to the National Legislative Council. These recommendations are to be submitted to The American Legion Washington Office, Attn.: Legislative Division, 1608 K Street, NW, Washington, DC 20006 no later than December 15, 2010. One form is all you will require. If additional space is needed, the list can be continued on plain paper. Be sure to provide current information on all nominees. The National Executive Committee in creating the Legislative Council stated emphatically that this Council is to be composed of Legionnaires who are politically active in their states or congressional districts, and whose judgment and advice are respected by their elected representatives. Any member who does not meet these criteria may be removed by the National Commander, and upon recommendation of the Department, a replacement will be appointed. It has been stressed time and time again to the members of the National Executive Committee that this is not what is commonly referred to as a standard committee appointment. The Legionnaire selected to serve as liaison with each United States Senator and Representative must be the person who can actually reach that senator or representative and have the political or personal clout to gain his/her support for The American Legion's legislative goals. Keep in mind that the appointees may be members of the National Executive Committee and also may hold appointment(s) on other commission(s) or committee(s). All such restrictions have been removed from the National Legislative Council to insure its effectiveness. It is equally important that the membership be kept current. When you have a change in a senator or representative -- or you find that another Legionnaire would have more influence with any one senator or representative -- send that name (with mailing address) to the National Commander in a letter recommending that he or she be appointed to replace the current member. Because of the importance of keeping this list current and workable, the National Legislative Council is the "exception to the rule," in that no letter of resignation is required to replace a member before his term expires. The National Commander will make the replacement appointment on your Neman’s recommendation. It is the responsibility of the Department to advise Legislative Council members on any member replacements. Please carefully follow the detailed instructions sheet provided with the recommendation form. All information must be provided. It is not sufficient to indicate "no changes" or "reappoint same people." Also, do not copy addresses from your 2008 recommendations without checking to make certain that they are current for any members who will be reappointed. A copy of the 111th Congress National Legislative Council members from your department is attached. This list reflects any changes or updates received in this office since the original appointment recommendation list was received. If you have any questions on completing the recommendation forms please contact the Legislative staff, 202.263.5755 or [email protected]. Thank you as always, for your hard work. The American Legion is the most effective grassroots veterans’ service organization because of you and The American Legion family in your departments!

Proceedings of Thursday, October 14, 2010 135 Department Recommendations for National Legislative Council Please Follow Detailed Instructions Provided

DATE:

The Department of ANCIENT ROME submits the following recommendations for appointment to the National Legislative Council

National Executive Committeeman

Attest Department Official ------(All appointments for two-year term)

VICE CHAIRMAN:

MEMBER:

To serve as liaison with Senator: Maximus Decimus Meridius (R)

MEMBER:

To serve as liaison with Senator: Sextus Julius Caesar (D)

MEMBERS: To serve as liaison with Representative from each Congressional District (Congressional District at left, followed by name and address of the Legionnaire liaison with the Representative from that District)

Congressional District Name and Address

1. Lucius Calpurnius Piso Caesoninus (R)

2. Publius Servilius Vatia Isauricus (R)

3. Marcus Aurelius Cotta Maximus Messalinus (D)

4. Gaius Julius Plancius Varus Cornutus (R)

136 Proceedings of Thursday, October 14, 2010 DETAILED INSTRUCTIONS This Form Is For National Legislative Council Recommendations Only. Please Print Or Type. Upper Section: Insert today's date. The form must be signed by the National Executive Committeeman and attested to by a Department Official. You may send in the completed form electronically; however, the hard copy, with the Department’s authorizing signatures, must be received by the Washington, DC office before the National Commander will approve the nominees. Lower Section: These appointments are for both sessions of the 112th Congress (a two-year term). VICE CHAIRMAN: One Legionnaire nominee to be appointed to serve in this leadership role. The Vice Chairman chairs the National Legislative Council meetings held within the Department. Vice Chairmen are encouraged to schedule Council meetings during Department gatherings to discuss legislative and grass roots strategies, tactics and activities to carry out national legislative mandates. Vice Chairmen may also serve as a Council Member to a Senator or Representative. In accordance with NEC Resolution No. 32, October 1992, each Vice Chairman shall submit an annual consolidated report on all Council activities within the Department to the National Legislative Council Chairman no later than July 31 each year. Review the National Legislative Council Vice Chairman’s Guidelines. LIAISON WITH SENATORS: Two Legionnaire nominees are appointed - one for each Senator. Each Legionnaire should be on a first-name basis with the Senator. The Senator should trust the judgment and advice offered by the nominee. Review the National Legislative Council Member’s Guidelines. Liaison with Representatives: One Legionnaire nominee is appointed for each Congressional District. Each Legionnaire should be on a first-name basis with the Representative. The Representative should trust the judgment and advice offered by the nominee. Review the National Legislative Council Member’s Guidelines. NOTE: The purpose of the National Legislative Council is to propagate an interest in and a furtherance of The American Legion’s national legislative goals. Each Council Member is a conduit for disseminating information to his or her assigned congressional member. Therefore, each Council Member must maintain and nurture a close personal working relationship with that congressional member. National Legislative Council appointees may be members of the National Executive Committee or a Past National Commander and may hold an appointment on another national commission or committee. In accordance with NEC Resolution No. 32, the National Commander may remove any member who does not meet these criteria and, with the advice and recommendation of the Department, a replacement will be appointed. A letter of resignation from the appointee is not necessary as it is with other national commission and committee appointments. The submission date for this form is December 15, 2010.

Proceedings of Thursday, October 14, 2010 137

ADDENDUM I: The American Legion National Legislative Program for the 112th Congress

AMERICANISM Res. #, Legislative Legislative Legislative Enacted Title Program Initiative Policy 2010 Conv. 302* Strategy to Address Social, Economic X X and Population Problems Related to Illegal Immigration 303* The English Language be Declared as X X the Official United States Language 304 Return Patriotic holidays to Traditional Dates 305 English Language be used in Naturalization Ceremonies 306 Injured or Disabled Non-Citizen X X Veterans Applying for Naturalization 307 School Prayer 308* Constitutional Amendment to protect X X the Flag of the United States 309 Oppose Importation of Foreign Manufactured American Flags 310 Conscientious Objectors Tax Diversion 311 Amend the “Temporary Protected X X Status” Portion of the Immigration Act of 1990 312 Support Fairness for Immigrant Spouses 313 Oath of Renunciation and Allegiance X X 314 The Boy Scouts of America and the X X Department of Defense 316 Oppose Flag Code change Conduct X X During Hoisting, Lowering or Passing of the Flag of During the National Anthem 317 Eliminate Damages and Attorney Fees X X in Establishment Clause Lawsuits

CHILDREN AND YOUTH Res. #, Legislative Legislative Legislative Enacted Title Program Initiative Policy 2010 Conv. 277* Protect Children from Unrestricted X X Media 278 Financially Assist Families Faced by Catastrophic Illness of their Children 279 Maximize efforts to Screen Children for Sickle Cell Disease 280 Oppose all efforts to Undermine, Alter X X or otherwise Corrupt the Institution of Marriage 281 Oppose any attempt to Weaken Present Laws Governing Penalties for the Production, Sale and Distribution of Pornographic of Obscene Materials

138 Proceedings of Thursday, October 14, 2010 CHILDREN AND YOUTH Res. #, Legislative Legislative Legislative Enacted Title Program Initiative Policy 2010 Conv. 283 Provide Equal Treatment in Admission of Children of United States Citizens 284* Strengthen Penalties to Eliminate the X X Production, Sale & Distribution of materials that use Children in Sexually Explicit Scenes 285 Support Efforts aimed at Improving X X Child Care Services for Children 286 Support Efforts to Immunize all Children 287 Support Funding Comprehensive Health Care for Children & Youth Programs 288 Support Funding for all Drug Trafficking Prevention Programs 289 Support Legislation aimed at the X X Prevention, Investigation and Prosecution of Child Sexual Exploitation 290 Support Legislation aimed at Reducing X X or Preventing Teen Pregnancy 291 Support Legislation & Efforts to Locate Missing Children and Prevent Child Victimization 292 Support Legislation to prevent Child Maltreatment 293 Support Programs and Organizations that promote Child Safety 295 Urge Congress to Appropriate X X Sufficient Funds for School Nutrition Program 296 Urge the President and Congress to establish “National Family Week” 297 Improving Services for Children Living in Foster Care

CONSTITUTIONAL AMENDMENTS 1* Direct Payment of Renewal Dues X X

ECONOMIC Res. #, Legislative Legislative Legislative Enacted Title Program Initiative Policy 2010 Conv. 44 Veterans Entrepreneur Training Program 45 Work Opportunity Tax Credit Program X X 46 Support Reinstatement of Funding for X X Veterans Upward Bound 48 Allow Military Retirees to Apply for X X Positions in Federal Law Enforcement after Age 37

Proceedings of Thursday, October 14, 2010 139

ECONOMIC Res. #, Legislative Legislative Legislative Enacted Title Program Initiative Policy 2010 Conv. 50 Oppose efforts to Change the Residency Requirements for State Directors of the Veterans Employment and Training Service (VETS) 83 Time Constraint with the Montgomery Bill 85 Support Employment and Reemployment Rights of National Guard and Reservist Returning from Deployment 194 Support full Funding and Staffing for the Veterans Employment Training Services (VETS) Programs 195 Oppose Department of Labor Veterans Employment and Training Services (DOL-VETS) of hiring Non-Veterans 197 Elimination of the Regional Offices of X X the Veterans Employment and Training Service 198 Restore Oversight of Veterans’ X X Employment and Training Service (VETS) Programs 216 Support Veterans Preference in Public X X Employment 217* Support Reasonable Set-Asides of X X Federal Procurements and Contracts for Businesses Owned and Operated by Veterans 218 Reaffirm Support for Service Members X X Occupational Conversion and Training Act (SMOCTA) 221 Support Efforts of the Small Business X X Administration (SBA) Office of Veterans Affairs 258 Surviving Spouse Mortgage Eligibility 318 Support the Vocational Rehabilitation X X and Employment (VR&E) Living Stipend to Match the Post 9/11 GI Bill Living Stipend 319* Support Major Enhancements for the X X Post 9/11 GI Bill Educational Benefits 320 Funding for homeless Veterans 321 Home Loan Guaranty Program X X 322 Homeless Veterans Assistance 323 Support Expanding the Department of X X housing and Urban Development (HUD) and Veterans Affairs (VA) Supportive Housing (HUD-VASH) Voucher Program 324 Support Increase in Reporting Fees for X X Educational Institutions

140 Proceedings of Thursday, October 14, 2010 ECONOMIC Res. #, Legislative Legislative Legislative Enacted Title Program Initiative Policy 2010 Conv. 325 Support Licensure and Certification of X X Active-Duty and Selected Reserve Personnel 326 Support Major Enhancements for the Montgomery GI Bill 327 Transitional Housing Allotments for Returning Combat Veterans 328 Oppose the National Veterans’ Business Development Corporation 330 Veterans Home Loans X X 331 Amending the Eligibility Criteria for X X the Transfer of the 9/11 GI Bill Educational Benefits 332* Authorize U.S. Small Business X X Administration to Re-Establish a direct Loan Program for Veteran Entrepreneurs 333 Support for Vocational Rehabilitation X X and Employment (VR&E) Program Hiring more counselors and Employment Coordinators 336 Support Recognition of Military Service and Pay when Calculating Starting Federal Civilian Salaries 337 Oppose DVOP/LVER Personnel to X X work on Public Assistance Related Programs 338 Oppose any Weakening of the Disabled Veterans Outreach Program and Local Veterans Employment Representative 339 Support Tax Credit for Certain Employers 340 Transition Assistance Program X X Employment Workshops for National Guard and Reserve Members 341 Support Legislation to Amend Title 38 X X United States Code to Prohibit Discrimination and Acts of Reprisals by Employers against Veterans that seek Treatments for their Service- Connected Disabilities 342 Elimination for the VA home Loan Funding Fee

FOREIGN RELATIONS Res. #, Legislative Legislative Legislative Enacted Title Program Initiative Policy 2010 Conv. 61 Support for New JPAC Headquarters Facility and a Second Laboratory 72 Middle East/Gulf States Foreign Policies 73* POW/MIA Policies X X

Proceedings of Thursday, October 14, 2010 141

FOREIGN RELATIONS Res. #, Legislative Legislative Legislative Enacted Title Program Initiative Policy 2010 Conv. 75 Vietnam Human Rights X X 76 Support for Foreign Exchange Education Programs 77 The American Legion Global Trade Policies 78 Policy on Africa 79* The American Legion Foreign Policy X X Objectives 81 Central America’s Democracy Promotion 207 Support for increased Personnel and X X Funding 225 The American Legion’s Policy on the United Nations 226 The American Legion’s Policy on X X Veterans Mail at Overseas Embassies 227 Save the Montagnards X X 345 Western Hemisphere Institute for Security Cooperation (WHINSEC) Funding and Support 346 The American legion’s Support for World Press Freedom 347 Enhanced Funding for USAID 348 Expand Foreign Service Officer Corps X X 349 Interagency Policy coordination & Cooperation 350 Joint POW/MIA Accounting command Funding 352* Support Secure Borders and War X X against Drugs 353 The American Legion’s Cuban Policy X X 354 Defense POW/MIA Accounting Office (DPMO) Funding 355 Social Security Survivor Benefits for X X Non-Resident Alien Spouses and Dependents

INTERNAL AFFAIRS Res. #, Legislative Legislative Legislative Enacted Title Program Initiative Policy 2010 Conv. 250* Increase Income Tax Deduction for X X Volunteer Mileage 276* Change Internal Revenue Rules in X X Counting Sons of The American Legion Membership at the Post Level as Outline in Section (501) (19) of the US Code

142 Proceedings of Thursday, October 14, 2010 NATIONAL SECURITY Res. #, Legislative Legislative Legislative Enacted Title Program Initiative Policy 2010 Conv. 32 Maintaining Military Air Supremacy 33 Protect Against Long Range Strike Threats 51 Support Domestic Energy Production 52 Support Research and Funding for Alternative Energy Resources 116 Conduct Hearings on Nuclear Warhead Modernization 118 Extend Stop Loss Payments X X 119 Buy American 120 Support Fight against Cyberspace Threats 121 Prohibit Foreign Investments in U.S. Defense Industry 124 Rebuild America’s Defense Industrial Base 125 Support for Battle Monuments Commission 126 Support for Armed Forces Retirement X X Homes 128 Support for Uniformed Services University of the Health Sciences 129 Support for Financial Anti-Terrorism X X Law Enforcement 130 Support for Homeland Security and the X X War on Terror 131 Support for Financial Anti Terrorism Law Enforcement 132 Support for the Non Federal Roles of the National Guard 133 Support for the U.S. Coast Guard in X X Homeland Security 135 Support for Citizen 136 Codify Burial Eligibility for Arlington National Cemetery 137 Authorize and Fund Tricare for Reserve Components and Dependents 138 Support for DoD Force Health X X Protection Program 139 Support full Funding for the X X Department of Army Budget 142 Support for the Reformation of the X X Military Voting System 143 Support for Awarding the Purple heart X X for Traumatic Brain Injury (TBI) 145 Support for Military Quality of Life X X Standards 146 Reference Veterans’ Service Organizations at Discharge 147* Support for Concurrent Receipt of X X Military Retirement and VA Disability Compensation

Proceedings of Thursday, October 14, 2010 143 NATIONAL SECURITY Res. #, Legislative Legislative Legislative Enacted Title Program Initiative Policy 2010 Conv. 149 Support Full Funding and Resourcing X X for the U.S. Navy and Marine Corps 151 Support for full Funding of the United States Military 152 Develop Defense against X X Electromagnetic Pulse Attack 178 Support Funding for NASA Budgets X X 179 Support for Research and Development of Air Breathing Scramjet Powered Vehicle 180 Support for the United States Air Force X X 181 Support for the National Space Program 182 Support for one Manager to Preside over the U.S. Military Air and Space Programs 184 Support for Aeronautical and Space X X Exploration 224 Support for Domestic Control of X X Energy Resources 343 Commercial Shipbuilding for Defense 344 Support for the Jones Maritime Act and related Cabotage Law

VETERANS AFFAIRS & REHABILITATION Res. #, Legislative Legislative Legislative Enacted Title Program Initiative Policy 2010 Conv. 13 State Veteran Homes' Extended Care X X Facilities Grant Program 16 The American Legion Policy on X X Pension Protection 17 Oppose Increased Co-Payments and X X Enrollment Fee for Priority 7 & 8 Veterans to Receive Department of Veterans Affairs Health Care 18 The American Legion Policy on Tobacco-Related Disabilities 19 Exempt Certain Income From X X Department of Veterans Affairs (VA) Pension Rate Determination 20 The American Legion Policy on Agent X X Orange 21 Exempt Department of Veterans Affairs Benefits and Services from Pay-Go Provisions 22 Oppose Lump Sum Payments of X X Department of Veterans Affairs Disability Compensation 23 Department of Veterans Affairs (VA) X X Involvement in the Department of Homeland Security 24 Restore and Increase Burial Plot X X Allowance

144 Proceedings of Thursday, October 14, 2010

VETERANS AFFAIRS & REHABILITATION Res. #, Legislative Legislative Legislative Enacted Title Program Initiative Policy 2010 Conv. 26 Support Legislation to Institute X X Mandatory Psychological Screening for all Returning Global War on Terror, Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF) Reserve and Guard Troops 27 Support Legislation that the Department of Veterans Affairs Include and Treat Family Members of Veterans with Illnesses and Injuries 28 The Department of Veterans Affairs (VA) Grant WWII Veterans Same Hospital and Medical Entitlements as Previously Granted to WWI and Spanish American War Veterans 29 The American Legion Position of the X X Department of Veterans Affairs (VA) Means Test 30 Amend Title 38, United States Code, to Establish a Marker for Cremation Urns Provided by the Department of Veterans Affairs 59 The American Legion Petition the Census Bureau to Include Veterans Information on Future Censuses 87 Oppose Legislation Authorizing Legion X X -Accredited Representatives to Develop Claims 88 Clarification of "Service in the X X Republic of Vietnam" for the Purpose of Agent Orange Presumption 90 The American Legion Policy on the Correction of Military Records 91 Exempt Purple Heart Recipients from VA Prescription Co-Payment 92 The American Legion Policy on Gulf War Illnesses 93 Support Presumption of Service Connection for Hepatitis C 94 Improve the Disability and Death X X Pension Program 95 Recognize Operations in Lebanon X X (1958), Granada (1983), Panama (1989-1990) as Periods of War for Department of Veterans Affairs Pension Purposes 96 Request Congress Provide the X X Department of Veterans Affairs Adequate Funding for Medical and Prosthetic Research

Proceedings of Thursday, October 14, 2010 145

VETERANS AFFAIRS & REHABILITATION Res. #, Legislative Legislative Legislative Enacted Title Program Initiative Policy 2010 Conv. 97 The American Legion Policy on X X Department of Veterans Affairs Mental Health Services 98 The American Legion Policy on X X Department of Veterans Affairs National Life Insurance 99 Extend the Presumptive period for X X Service Connection for Gulf War Veterans with Undiagnosed Illnesses 100 Oppose any Reduction of Eligibility Criteria for Department of Veterans Affairs Per Diem Payments to State Veterans Homes 101 Provide Full Funding for the X X Department of Veterans Affairs Construction Program 102 Amend the Eligibility Requirements X X and Extend the Eligibility Time Period for Service-Disabled Veterans Insurance 103* Support Medicare Reimbursement for X X Department of Veterans Affairs 104 The American Legion Policy on Radiation 105 The American Legion Policy on Department of Veterans Affairs Pharmacy Benefits 106 Extend VA Protection Life Insurance to Service-Connected Veterans who are Permanently and Totally Disabled 107 Support the Automatic Waiver of X X Veterans Benefits Administration Debts of $250 or Less 108 All Veterans Receive ”Wartime” Benefits for Active Military Service between February 28, 1961 and August 5, 1964 109 Revision of Work-Rate Standards for X X Department of Veterans Affairs Adjudicators 110 Include World War II Veterans in Priority Group 6 for Department of Veterans Affairs Healthcare 111 The American Legion Policy on Department of Veterans Affairs Nursing Home Capacity 112 The American Legion Policy on X X Prostate Cancer Research and Treatment 113 Increase the Maximum Coverage Under the Service-Disabled Veterans Insurance Program

146 Proceedings of Thursday, October 14, 2010

VETERANS AFFAIRS & REHABILITATION Res. #, Legislative Legislative Legislative Enacted Title Program Initiative Policy 2010 Conv. 114 Support Legislation to Place Mariner Medal Recipients in Priority Group 3 for Department of Veterans Affairs Healthcare 156 Remove the Specific Date to Award X X Dependency and Indemnity Compensation Benefits to Surviving Spouses of Former Prisoners of War 157 Allow Beneficiaries to Retain $90 of X X their Benefits while in Medicaid- Covered Nursing Homes 158 Extend the Filing Period of an Appeal X X Notice to the Court of Veterans Appeals for Veterans Claims 159 The American Legion Policy on the X X National Cemetery Administration 160 The American Legion Policy on State X X Veterans Home Per Diem Reimbursement 162 Reinstate Vietnam Veterans with Agent Orange Exposure in the Department of Veterans Affairs Priority Group 6 163 Reduce the Number of Years of One- X X Hundred Percent Service Connection Required for Dependency 164 The American Legion Policy on X X Department of Veterans Affairs (VA) Disability Compensation 165 Special Monthly Compensation (K) X X Award 166 The American Legion Policy on X X Assured Funding for VA Medical Care 167 Department of Veterans Affairs Dental Care 168 The American Legion Policy on X X Former Prisoners of War 169 Department of Veterans Affairs’ Role X X in National Emergency Preparedness 172* GI Bill of Health X X 173 Support of admission to State Veterans Homes for any Parent whose Child Perished while Serving on Active Duty in the Armed Forces of the United States 174 The American Legion Policy on X X Opening the Federal Supply Schedule for Pharmaceuticals to Medicare and Medicaid 175 The American Legion Policy on State Veterans Home Per Diem Reimbursement

Proceedings of Thursday, October 14, 2010 147 VETERANS AFFAIRS & REHABILITATION Res. #, Legislative Legislative Legislative Enacted Title Program Initiative Policy 2010 Conv. 187 Emergency Medical Treatment X X Payments to the Department of Veterans Affairs be Extended to on- Year 188 Amend Title 38, United States Code, to X X Eliminate the Requirement the a Veteran had to Serve in Vietnam to be Eligible for Wartime Benefits 252 Exempt Income from Jury Duty for Department of Veterans Affairs (VA) claims Purposes 262 Special Monthly Compensation for X X Female Veterans 300 Reorganization of Arlington National X X Cemetery 301 Veterans Receive Same Level of X X Benefits

*Resolution will be “originated” for introduction per NEC Rule 8-b.

Addendum A: Resolutions Not Approved

Remove from Legislative Program Resolution No. 241 (MN) (2010 Natl Conv): Support Department Of Veterans Affairs’ Vet Centers Expansion To Rural Communities Resolution No. 215 (MA) (2010 Natl Conv): Support Staffing Local Veterans' Employment Representatives (LVERS), As Required By Law Resolution No. 170 (SC) (2010 Natl Conv): Commission The USS American Legion Resolution No. 223 (MA) (2010 Natl Conv): Support For U.S. Blood Banks Resolution No. 232 (WI) (2010 Natl Conv): Employ Unmanned Aerial Vehicles Resolution No. 270 (TN) (2010 Natl Conv): Support For Bugles Across America To Provide Live Taps For Military Honors

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, I move the report be received and filed with the exception of two addendum. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Commander, attached to the report are two addendums, Addendum A and Addendum I. I move that the action of the Legislative Commission become the action of the National Executive Committee. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, in compliance with Rule 8-b of the National Executive Committee, I move that the resolutions with legislative intent of The American Legion become the legislative intent of the National Executive Committee for the 112th Congress. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried.

148 Proceedings of Thursday, October 14, 2010 RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, at this particular time I would like to bring forth two resolutions that are coming from the Resolutions Subcommittee, and I will call on my vice chairman.

Resolution No. 30: The American Legion Commends The Republic Of Chile Origin: Subcommittee on Resolutions Submitted by: Subcommittee on Resolutions WHEREAS, Copiapó mining accident occurred on 5 August 2010, when the San José copper-gold mine, near Copiapó, Chile, collapsed, leaving 33 men trapped deep below ground; and WHEREAS, The miners have survived underground for 69 days, a record period of time; and WHEREAS, The miners were trapped as far as 3 miles underground; and WHEREAS, The retrieval of the first miner commenced on Tuesday, 12 October 2010, at 23:55 local time; and WHEREAS, The resolve of Chilean people has inspired the world as efforts to rescue 33 trapped miners unfold; and WHEREAS, The rescue of the 33 miners is a tribute to the determination of the miners, the Chilean government and its people; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That The American Legion commends Chilean President Sebastián Piñera; Jaime Mañalich, Minister of Health of the Republic of Chile; and the Chilean and American engineering and construction companies who played critical roles in this rescue effort; and the Chilean People for their steadfast determination and unity which exemplifies integrity and the human spirit.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This resolution has the approval of your Subcommittee on Resolutions, therefore, I will move for its adoption. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried.

Resolution No. 31: The American Legion Position On Military Chaplains And Physicians Origin: Subcommittee on Resolutions Submitted by: Subcommittee on Resolutions WHEREAS, The American Legion is categorically devoted to God and Country; and WHEREAS, The members of the military cede their constitutional rights during their period of service thereby placing them under the jurisdiction of the government; and WHEREAS, Lifting the ban on open homosexuality in the Armed Forces will potentially prohibit military chaplains from freely exercising their religion by requiring them to promote, maintain, and defend a policy in opposition to their religious beliefs; and WHEREAS, Lifting the ban of abortions in military hospitals and medical facilities will potentially force medical doctors serving in the Armed Forces to conduct and defend certain procedures in opposition to their religious beliefs; now, therefore, be it

Proceedings of Thursday, October 14, 2010 149 RESOLVED, By The National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 13-14, 2010, That The American Legion urges Congress and the Department of Defense to refrain from establishing any law, policy, or regulation that would require military chaplains, chaplain assistants, physicians, or medical practitioners to comply with directives that are contrary to their religious beliefs.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This resolution has the approval of the Subcommittee on Resolutions, therefore, I move for its adoption. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. NATIONAL COMMANDER FOSTER: Thank you. NEC MEMBER COCCIMIGLIO (PA): Comrade Commander. NATIONAL COMMANDER FOSTER: Yes. NEC MEMBER COCCIMIGLIO: NEC Department of Pennsylvania. There's some serious concerns about the resolution that was passed yesterday. It would possibly create an intended or unintended problem with our National Constitution and Bylaws and our organization as a whole. Resolution 24, Establish the Cold War Victory Medal, leaves an avenue for debate and possibly division among our members and our potential members. Therefore, commander, I would like to make a motion to reconsider Resolution 24, Establish Cold War Victory medal. NATIONAL COMMANDER FOSTER: Do I hear a second? ...Second. I have a question for you, Coch. NEC MEMBER COCCIMIGLIO: Yes, sir. NATIONAL COMMANDER FOSTER: Yesterday when this resolution was passed, did you as NEC from the Department of Pennsylvania vote in the affirmative? NEC MEMBER COCCIMIGLIO: I refrained from voting on that motion, commander. I did not vote aye or nay on either side because I was concerned, again, in my statement about what the intention of this resolution really is. NATIONAL COMMANDER FOSTER: Okay. You had great intentions there, but it says that you have to vote initially in the affirmative to bring something back up. Are you doing it? NEC MEMBER COCCIMIGLIO: Yes. NATIONAL COMMANDER FOSTER: Rich. NEC MEMBER KEISER (NY): Mr. Commander, I voted in the affirmative and I agree with my counterpart from Pennsylvania. NATIONAL COMMANDER FOSTER: Okay. The Department of New York now makes the motion that Coch couldn't. Second. ...Second. Discussion? Any further discussion? Ralph. NEC MEMBER BOZELLA (CO): Commander, Department of Colorado. Coch, New York, this has to do with membership possibilities? NEC MEMBER KEISER: Yes. NEC MEMBER BOZELLA: Okay. I just wanted some clarity. Thank you, sir. NATIONAL COMMANDER FOSTER: Okay. UNIDENTIFIED NEC MEMBER: Could we hear the motion again to clarify it? COMMANDER FOSTER: Coch, would you mind rereading Rich's motion. NEC MEMBER COCCIMIGLIO: Yes, sir, commandeer. Motion to reconsider Resolution 24, Establish the Cold War Victory Medal.

150 Proceedings of Thursday, October 14, 2010 NATIONAL COMMANDER FOSTER: Any further discussion? Hearing none. All in favor? Opposed? Carried. All right. Now the motion is on the floor. The resolution is on the floor. NEC MEMBER COCCIMIGLIO: Comrade commander, I make a motion to reject Resolution 24. NATIONAL COMMANDER FOSTER: Second? ...Second. Any discussion? The motion is now to reject Resolution 24. All in favor? All opposed? Carried. Thank you. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Commander, yesterday we brought before you Resolution 14, and it was tabled, so I would like to move that we bring Resolution 14 off the table. ...Second. NATIONAL COMMANDER FOSTER: We have a motion and a second to remove Resolution 14 that was tabled yesterday, to be brought back to the floor. Any discussion? And did you vote affirmatively yesterday? RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: I did. (Laughter) NATIONAL COMMANDER FOSTER: Now we got that clarified. All in favor? Opposed? Thank you. It's on the floor. ... At this time Resolution 14 was distributed to the National Executive Committee. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Thank you, commander. First of all, this has nothing to do with the resolution that we just rejected, which was 24. The reason this is being brought back up, as you remember yesterday there was some concern with what affirmative consent meant. This is why the resolution has been brought to you today in a different form. So, Resolution 14.

Resolution No. 14: Affirmative Consent For Transfer Origin: Internal Affairs Commission Submitted by: Internal Affairs Commission WHEREAS, The American Legion since 1919 has been an organization of volunteers tied together by four pillars of service; and WHEREAS, The American Legion since 1919 is an organization where members are required to sign volunteer consent for membership; and WHEREAS, The American Legion is a grass roots community based organization with a focus on veteran’s service on a voluntary basis; and WHEREAS, The American Legion encourages individuals to become members of the post that they desire and that can best serve both that individual’s preference and the overall goals and objectives of The American Legion; and WHEREAS, The current, long standing policy of The American Legion is that an individual member has the right of affirmative consent concerning his or her membership affiliation with their American Legion post; and WHEREAS, The strength of The American Legion lies with its individual members and their dedication and devotion to their selected American Legion post; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meetings assembled in Indianapolis, Indiana, on October 13-14, 2010, That before a membership transfer occurs there must be a Member Data Form 30-001 (attached) provided to National Headquarters, signed by a member or certified by a post commander or post adjutant, where member has given his or her oral permission to be transferred.

Proceedings of Thursday, October 14, 2010 151

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This has the approval of your Membership and Post Activities Committee, your Internal Affairs Commission, your Resolutions Subcommittee, and I so move for its approval. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. Thank you. At this time we'll have the report of the national historian from Massachusetts, James C. Fratolillo.

152 Proceedings of Thursday, October 14, 2010 Report: National Historian James Fratolillo, Massachusetts

National Commander Jimmie L. Foster, National Executive Committeemen and distinguished guests. I am both honored and proud to serve the nation’s largest veteran service organization as its 51st national historian. I wish to thank Commander Foster for this appointment and as you all know, one does not serve as a national officer unless they are first recognized within their department. I also want to thank Past National Commander John P. “Jake” Comer and Past National Commander Paul A. Morin for their support and guidance. As a past department historian, I served as the Department of Massachusetts historian for two years and am a past president of the National Association of Department Historians of The American Legion (NADHAL). To say I am passionate in recording the history of this great organization is an understatement. I thank the National Executive Committee members who have provided the recognition and support to your department historians. I ask for your commitment to continue the recognition and resources to your department historians who so unselfishly and ably serve. It is essential to educate and enlighten the importance of this position to those who consider the post and/or department historian as inconsequential to the overall success of our programs and organization. It is my sincere belief that by recording what we do not only leaves a legacy and a guide to those who come after us, but genuinely reflects who we are. My first task as national historian was to oversee the judging of post and department histories in the national contest. The key word here is “oversee;” it’s the members of the National Association of Department Historians who spend two days in reviewing and judging all of the entries, to select the best of the best in each of the respective category. Once again, they have demonstrated their commitment and professionalism and we all owe them a sincere thank you. There are three members of NADHAL I wish to extend a special thank you, Delfo Barabani, Massachusetts, past national historian; who coordinated the judging. Denise Rohan, Wisconsin, past department historian and Charemon Dunham, South Dakota, past department historian, who conducted the orientation and training seminar for the eight new department historians. Finally, I would be remiss if I did not thank and recognize the national staff: Howard Trace, Lynda Lydick, Christina Shedrick, Beverly Maharry, Linna Agne, and Kevin Flanagan for all of their support. Now for the results of this year’s contest winners:

The results of the One-Year Department Narrative History Contest are: First Award, Plaque, Department of North Carolina No other entries The results of the One-Year Department Yearbook History Contest are: First Award, Plaque, Department of Ohio Second Award, Plaque, Department of North Carolina Third Award, Plaque, Department of Vermont Honorable Mention, Department of Washington Certificates of Participation are awarded to Departments: Department of Louisiana Department of Georgia Department of Nevada Department of New Mexico Department of Florida

Proceedings of Thursday, October 14, 2010 153 The results of the One-Year Post Narrative History Contest are: First Award, Plaque, Frank B. Bartlett Post 7, Buckhannon, WV Second Award, Plaque, No-Vel Post 159, Venice, FL Third Award, Plaque, Columbia County Post 192, Evans, GA Honorable Mention: Dwight Cowles Post 370, Overland Park, KS Certificates of Participation are awarded to Posts: Missing Man Post 667, Universal City, TX Stafford Post 290, Stafford, VA The results of the One-Year Post Yearbook History Contest are: First Award, Plaque, Matthews-Crawford Post 131, Warrensburg, MO Second Award, Plaque, J.L. Shryer Post 430, Durant, IA Third Award, Plaque, Hardin Post 113, Elizabethtown, KY Honorable Mention, Columbia County Post 192, Evans, GA Honorable Mention, Jastrzemski-Lelo Post 439, Saginaw, MI Certificates of Participation are awarded to Posts: Bourque Lanigan Post 5, Waterville, ME Ontario Post 67, Ontario, OR Paul Stewart Irwin Post 136, Mulvane, KS Zoal Stringer Post 226, Coweta, OK Saxton-Willis Post 64, Heber Springs, AR Frank B. Bartlett Post 7, Buckhannon, WV Knoxville Post 2, Knoxville, TN Abbeville Post 2, Abbeville, SC Gensi-Viola Post 36, Windsor Locks, CT New London Post 40, Springfield, NH Sullivan Post 139, Sullivan, IN Dundalk Post 38, Dundalk, MD Gahanna A.L. Post 797, Gahanna, OH Stafford Post 290, Stafford, VA Alois-Dreikosen Post 469, Marathon, WI Bothell Post 127, Bothell, WA Clark Post 328, Clark, NJ A.L. Bryan Mudgett Post 7, Carlsbad, NM Hickory Post 48, Newton, NC Veterans Memorial Post 347, Lady Lake, FL Klock-Smith Post 1788, La Fargeville, NY William M. Randolph Post 593, Converse, TX

The judges for the contest were: Duane Alexander, (IN); Virgil Arling (OH); Randy Bain, (ID); Delfo Barabani (MA); W. Frazier Brinley (CT); Fae Casper (GA); Thomas Conner, (WA); Nellie P. DeBaker (WI); Charemon Dunham (SD); Robert Gilmore Jr. (AZ); Joseph Johnston (KS); Johnny Keel, (LA); James A. Mariner (NM); Sue Mason, (FL); Denise Rohan (WI); Larry Rozier (NC); Raymond St. John (VT); Dan Watrous (OH); Carl Wipperman (WA); Chuck Zelinsky (IL) Once again, I thank National Commander, Jimmie Foster for my appointment. A complete written report identifying all the entrants and the judges will be submitted for the record. This concludes my report. (Applause)

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Commander, motion to receive and file the report of the national historian. …Second.

154 Proceedings of Thursday, October 14, 2010 NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. Thank you. Now we’ll hear the reports of the national vice commanders. First, William F. Schrier from the Department of Washington.

Report: National Vice Commander William F. Schrier, Washington

Mr. Commander, national vice commanders, members of the NEC, past national commanders. Good morning. (Chorus of good morning) Commander Foster has asked that we join him in supporting his membership program. A program is made up of two distinct parts. The first, general membership. We're going out and soliciting those new members to join us. The second, retention, and we all know right now, statistics bear this out, we're struggling with retention. All of your recruits, you have asked that person, "Why didn't you join The American Legion?" That new person, right? What did they say? "Nobody asked me." Over the years I've been calling those people who have left The American Legion. I say, "Why are you not staying with this family?" And they said, "Nobody asked me – to be a part of anything at the post. To be a part of a committee. To work on projects at the post. To go out in the community; to be a part of that community and to show that The American Legion cares. Whether it's youth programs, the building of a flag pole. Nobody asked me to be a part of it." That's trouble. That's trouble. Okay. We have identified our problem area. What are we, as a collective body, going to with it? First, we need to bring those resources to bear to take care of that problem. What are those resources, our greatest resource? Our membership. At the post level you should assign a mentor or a guide so when they arrive at their first meeting in that shinny blue cap on their head, you can say, "This is what a meeting is about. This is how a meeting is run. These are traditions for The American Legion." And then make sure those young Legionnaires are mentored, schooled if you would, trained to bring them up to speed. And most importantly, make sure that they are a part of that post, of that district, of that department. Make sure they understand the commitment that we all freely accept. Make sure they understand what the word inculcate means to the community, state and nation. Ladies and gentlemen, I would ask that you join with me when we go back to our departments, and take mentoring, wherever it is right now, and move at it forward, and move it ahead with the membership program so we can stop a loss out the back door. Let me close on this one thing. If we do not lose a single member because they no longer wanted to be a part of this organization, what would our membership be next year? Mr. Commander, that concludes my remarks. Thank you. Thank you all. (Applause)

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Motion to receive and file the report of National Vice Commander Schrier …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. Russell J. Henry from Louisiana.

Report: National Vice Commander Russell J. Henry, Louisiana

Good morning everyone. (Chorus of good morning) Mr. Commander, officers at the head table, past national commanders, members of the National Executive Committee, Legionnaires, sons of the Legion and guests. It is indeed an honor and a privilege to be able stand before you today as one of your national vice commanders. I was assigned the

Proceedings of Thursday, October 14, 2010 155 Midwest Region. Never in my farthest dreams did I ever think that this would happen to me. I would like to thank my post, my district, my department and three very good friends. First, my wife Mary. Past National Commander Bill Detweiler, and National Executive Committeeman Charles Aucoin. Without all their support, this would never have happened. I would like to say that everyone has a story to tell, and I would like to share a part of mine with you. My ancestors came over from St. Malo, France, landed in New Orleans December 3, 1785. From there they migrated to South Louisiana where they became share croppers. After the Great Depression, while they were still living on the farm, my parents wanted to start a family, but my father decided that we were so poor that the neighbors had to have me. (Laughter) We had everything else on the farm. We had no electricity until I was about eight years old. When I started school they had to teach me a foreign language, English. We could only speak French at that time. When World War II started, we moved to Sulphur and dad went to work in a defense plant. After high school I enlisted in the Air Force from 1951 to '55. When I got out, I went to work for AT&T for 40 years. Being elected national vice commander, I became first at my post, my district, and I believe the first Cajun from South Louisiana, but first and foremost, I am an American. After being installed in Milwaukee, I went home for a week, then off to Indianapolis for a week of attending briefings and orientations. I took a tour of the Fort to see how all the different offices operated. I did not realize what all went into the workings of The American Legion. Now, when I go out into the field, I know how the Verizon man feels with his network behind him. In between our busy schedule, I attended a session of the National Children and Youth Conference and a National POW/MIA Recognition Day ceremony. It was very impressive. On Friday and Saturday I spent time calling the district commanders in my region. I was able to contact several. We talked and I informed them this was a new year and I am their contact person. Sunday, September the 19th I flew to Washington, D.C., for a briefing on legislative matters. Tuesday morning, myself and two other vice commanders toured Arlington Cemetery where we saw the changing of the guard at the tomb of the Unknown Soldiers, and no matter how many times I see it, I still get a lump in my throat. While we were walking, we had to pause for a full military burial procession. This was the first time I witnessed anything like this in my life and I will never forget it. Wednesday I attended National Commander Jimmie Foster's testimony before the U.S. House and Senate Veteran's Affairs Committees joint hearing session. After the testimony, I went to visit my congressional representatives, and I thanked them for the Gold Star Parent Bill being passed. Thursday I spent the day at Walter Reed Army Medical Center. I was not prepared for what I saw, it is still hard to believe, to see such young warriors without limbs. We were shown the prostheses department and the amazing results they are achieving. They are able to rehabilitate a wounded warrior almost back to almost 100 percent. We were told the average stay for a wounded warrior is about nine months. After Washington, I was able to go home for two weeks, and at that time I attended a district conference in my state, then it was back to Indianapolis and on Saturday I attended National Commander Jimmie Foster's Homecoming. On Monday, I attended a session with the department commanders and adjutants. Then on Tuesday I had breakfast with the department commanders assigned to my region. In closing, Mr. Commander, the five national vice commanders have a challenge: whoever is the lowest in membership on April the 30th, 2011, will have to treat the other four vice commanders to dinner. All I can say is, if I should lose, I will treat each one of

156 Proceedings of Thursday, October 14, 2010 them, the other four, to a Louisiana Cajun seven course meal. If you don't what a Cajun seven course meal is, it's a pound of Boudin and a six pack of beer of your choice. (Laughter and applause) Mr. Commander, that concludes my report.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Motion to receive and file the report of National Vice Commander Henry. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. John M. Mella, Department of Michigan.

Report: National Vice Commander John M. Mella, Michigan

Commander Foster, national officers, members of the National Executive Committee and guests. Good morning. (Chorus of good morning) Arriving in Indianapolis one week after the National Convention, I spent a week in training, which was an experience and a challenge. Later, the trip to Washington, D.C. for additional brainstorming sessions and national commander's testimony indeed was educational and informative. Our headquarters staff at both locations are tremendously knowledgeable and professional. I realized what I learned from this staff is also available to every Legionnaire in this organization. When I accompanied the other national vice commanders to Walter Reed Hospital to visit our wounded warriors, I was very touched. We were able to speak to the patients and their families. Nine months ago I retired from the Oscar G. Johnson VA Medical Center after working there for 34 years. However, I was not prepared to personally witness the casualties of war suffered by our so very young men and women. I was pleased to hear from the hospital staff that funding is not an issue when it comes to rehabilitation of our wounded warriors, which our government has pledged to support. To keep our American Legion legislative issues strong and to be heard on Capitol Hill, we need numbers. Membership is the driving force and life of this organization. Renewing our members must be a number one priority, especially for those who are not active in their post or district. In many cases, the only contact they have from The American Legion is the magazine subscription and receiving renewal notices. The revitalization program I was privileged to participate in at Detroit, Michigan, September 29th to October 2nd should be a role model for other departments to follow, with the help of the national membership staff. Why do so many members never renew? Could it be the lack of personal contact? Today's computer and telephone technology for obtaining information and enhancing communications is tremendous. On the other hand, it cannot take the place of speaking face-to-face with someone when it pertains to membership. I enjoyed calling our district commanders in the eight-state Central Region. It was sure a task but also an education. I recall 20 years ago as Michigan's 12th district commander, receiving a similar phone call from my national vice commander. I felt very special, and that experience enforced my desire to persevere and not let The American Legion down. I only hope my short phone call to each of them has the very same effect. I feel that district commanders have one of the most important positions of The American Legion, linking the post to department, which can be very demanding and also extremely rewarding. I am very proud and honored to serve as national vice commander for the Central Region. I vividly remember 23 years ago when I became actively involved in The American Legion. My goal at that time was to someday be a district commander. I never dreamt I would be standing here today thanking you for allowing me the privilege of

Proceedings of Thursday, October 14, 2010 157 continuing to serve The American Legion at this level. I promise I will do my best to represent this fine organization and its veterans. And I thank you very much. Mr. Commander, that concludes my report. (Applause)

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Motion to receive and file the report of National Vice Commander Mella. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. From the Department of Puerto Rico, Carlos Orria-Medina.

Report: National Vice Commander Carlos Orria-Medina, Puerto Rico

Good morning Commander Jimmie Foster, national officers, past national commanders, members of the NEC and all of our guests. It was a great honor for me being elected national vice commander on September 2, 2010, and represent the South East Region Departments: Puerto Rico, North Carolina, South Carolina, Virginia, Georgia, Florida, Alabama, Mississippi, Kentucky, West Virginia, and Tennessee. I am the sixth national vice commander to be elected from Puerto Rico. I take The American Legion very seriously. The American Legion is part of my daily life for 37 years. I like and I enjoy what I do for this great organization and that is why I have to hit a home run every time I come to bat for her. From September 14th to the 18th, we received our training here in Indianapolis. We toured and had briefings at Fort Benjamin Harrison; had briefing with Internal Affairs and Membership and Post Activities; Americanism and Children and Youth; information technology; Citizens Flag Alliance; Public Relations; legal matters; internal communications. My personal gratitude to the Indianapolis staff for their professionalism. From September 20 to 24 we received orientation in the Washington Office, such as lobbying for veterans legislative matters. My special thanks to Peter S. Gaytan, executive director, members of staff, and Barry Searle. On September 22, I attended the national commander's breakfast honoring congressional members, and the national commander's testimony before a joint committee. What a great day for The American Legion. Visit to the wounded warriors at Walter Reed Medical Center. I will be in North Carolina in from November 3 to the 6th on a membership roundup. I would like to take a personal privilege to thank my lovely wife, Maria, for her support. She's not here. She's recuperating from a small surgery. For the special persons that made it possible for me to be here today, my friend and brother, Jerry Hedrick; Robert Proctor. You see, we were on the postal service. We retired from the postal service. (Laughter) Robert Proctor; Charlie Knox; past national commanders: John Comer; Ray Smith; Paul Morin; John Brieden. And past department commander Ramon Rivera from Puerto Rico, my mentor. Finally, I enjoy working as a team with my friends, Russell, John, William, Eugene, our national vice commanders. I feel proud of my Spanish heritage. I feel very proud. I feel proud to serve my country in time of war by serving twice in the Republic of Vietnam with the U.S. Marine Corps and the U.S. Army. I owe my college education to The American Legion. The American Legion, the one who fights to get the GI Bill of Rights. So I am very proud of that. I will do my best, Commander Foster, to accomplish your mission. God bless you and God bless everybody here. Have a nice trip home. Mr. Commander, this concludes my report. (Applause)

158 Proceedings of Thursday, October 14, 2010 RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Motion to receive and file the report of National Vice Commander Orria-Medina. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. And from the Department of Rhode Island, Eugene R. Pytka.

Report: National Vice Commander Eugene R. Pytka, Rhode Island

Members of the NEC, past national commanders, chairmen, guests, ladies and gentlemen all. I guess this story has been told a hundred times or more. It is one of a post service officer who awoke one day to find he was a national vice commander. Nevertheless, I weaken at the knees to think that I might stand where so many men that I have come to respect have stood before me. This is truly an honor. I want to thank you, commander, for allowing me two full minutes. That was supposed to be funny. (Laughter) I have to start with thank you, to Firlit-Korzen Post 79, my post. To the Department of Rhode Island for allowing me to represent them at this capacity. To the past national commanders for the confidence they have placed in me. A special thank you to Past National Commander Jake Comer and Past National Commander Tony Jordan, my commander from '97-'98. Thank you to the staff of The American Legion, they made the transition easy for all vice commanders, those behind the scenes and desks that make life easy to manage on a daily basis. They know who they are. You know, you don't get an opportunity  I'm going off my speech a little bit  you only get so many opportunities, and I've been coming here a long time, and I been here since the commander came in and the adjutants and the NECs, and it's my two minutes, and at this time I would like you to join with me in a big hand for Dan Wheeler and his staff. They do a great job. (Applause) I can't forget Oscar, Who drove us around for two days in Washington. Thank you Oscar, wherever you are. To my wife, Maria of 41 years. A Legion wife whose put up with me. God bless her because I know most of you have one of them and you know what I'm talking about. (Laughter) My promise to you is my oath of office, that I will perform faithfully, and to the best of my ability the duties of national vice commander. I look forward to the challenges of this year, and working with departments in the East Region. I'm here to serve you. At this time I would like to turn my attention to something else. You have heard from the other vice commanders on our training sessions. The day before we returned home was the best and worst, as we visited Walter Reed. We met with six great soldiers in Ward 58 who had recently had one or both legs amputated. As they said, I wasn't really prepared for this. I don't think any of us were. The first was just operated on and still under medication. He seemed confused as to what was going on. He lost both legs. But I couldn't believe how young he looked. Just a baby. Not old enough to carry a rifle. The others showed signs of frustration and a little anger, but were ready to move on to rehab. We tried to comfort them, but it's hard to know how they feel. It's hard to find the right words. After speaking with the director of the hospital and meeting several instructors, we made our way to Mac C, where they come to practice and exercise with their prosthesis. I met a young man from Connecticut who had lost his arm. And another from Springfield, Massachusetts who he had lost his leg. They were both upbeat and were well on their way to recovery. They are happy to meet someone from back East. The last young man I met had lost both his legs. His mother was there, and she also looked very young. We talked and she told me he had a twin brother in the Navy. He told

Proceedings of Thursday, October 14, 2010 159 me he knew it was going to happen, but he wouldn't let anyone else take point. He was glad none of his buddies were injured. He told me he was training to become a machinist. He wanted to play guitar in a band, and the last thing he said was, "I can't wait to get back on my skate board." And I wouldn't bet against him. I have a better understanding now of what this organization started out to do in 1919, take care for the families of those who made the supreme sacrifice, and care of our wounded. We remain committed to this today. That's my report, commander. Thank you for this opportunity. (Applause)

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Motion to receive and file the report of National Vice Commander Pytka. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. I would like to invite the five national vice commanders to stand up and turn around and face the crowd. I think they are a great team this year. (Applause) I’ll urge your departments keep them busy so they can stay out of trouble. (Laughter) At this time I call on the national adjutant for the eligibility of national officers.

Eligibility of National Officers Daniel S. Wheeler, Virginia, National Adjutant

In accordance with the action of the 13th Annual National Convention of The American Legion held in Detroit, Michigan, September 21 through 24, 1931, a copy of discharge from service, certified copy of same or other satisfactory evidence of service record providing eligibility for membership in The American Legion has been submitted to the office of the national adjutant by the following national officers: Jimmie L. Foster, national commander; Russell J. Henry, national vice commander; John M. Mella, national vice commander; Carlos Orria-Medina, national vice commander; Eugene R. Pytka, national vice commander; William F. Schrier, national vice commander; Daniel J. Seehafer, national chaplain; James C. Fratolillo, national historian; Ernest L. King, Sr., national sergeant-at-arms. And the above proofs have been examined by the national judge advocate who has certified the eligibility of the above-named officers will then submit to The American Legion proof of eligibility of other national officers has been submitted to the National Executive Committee on earlier occasions.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Move for approval of the report. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. At this time we will have the confirmation of interim appointments. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, may I address the national adjutant? NATIONAL COMMANDER FOSTER: You may. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Adjutant, do you certify the list of interim appointments to be a true and correct list? NATIONAL ADJUTANT WHEELER: I so certify. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, I move that the list be approved without being read. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried.

160 Proceedings of Thursday, October 14, 2010 Confirmation of Interim Appointments National Executive Committee Meeting October 13-14, 2010

James T. Higuera (California), Convention Commission, 2012 Member (Replaces Art Castro—resigned)

NATIONAL COMMANDER FOSTER: Confirmation of cancellation of post and/or squadron charters. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, may I again address the national adjutant? NATIONAL COMMANDER FOSTER: You may. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Adjutant, do you certify the list of post and squadron charters to be a true and correct list and everything has been done to try to revitalize these post and squadron charters? NATIONAL ADJUTANT WHEELER: I so certify, except for the case of New Hampshire, named Sunapee Post 117 asked to be returned for additional research. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, I move the list be approved without being read, with the exception of the one he just mentioned that it be sent back to them for further action. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried.

Confirmation of Cancellation of Post and/or Squadron Charters

On August 30, 2010, at the National Convention in Milwaukee, Wisconsin the National Executive Committee approved the cancellation of thirty-four (34) posts. The research done on each post prior to any recommendation made as an attempt to see whether these posts could be revitalized is based on the following criteria: Community Size Veteran Population Twenty-three (23) posts have been submitted for cancellation consideration during the Fall NEC Meeting in Indianapolis, IN. Twenty-two (22) posts are recommended for cancellation. It is recommended the remaining one (1) post not be considered for cancellation until work can be done to revitalize this post before the May 2011Spring Meeting.

It is recommended the twenty-two (22) posts listed below be approved for cancellation:

Department Name Post # Location ARKANSAS Van Buren 62 Van Buren CALIFORNIA Edward J. Minor 418 Riverside (to merge with Wounded Warriors Post 883) COLORADO Alvin Lawley 2000 Erie IOWA Ralph A. Judson 51 Lamoni William B. Pulley 343 Derby Blakesburg 495 Blakesburg Miller-South-Negley 599 Decatur KANSAS Paul Oakleaf 51 Cherryvale The Southwest Topeka 74 Topeka

Proceedings of Thursday, October 14, 2010 161 Sunflower 344 Baxter Springs Clarence Hoffman 365 Hope MASSACHUSETTS Earle T. Wardell 12 Beverly MICHIGAN Warren 490 Warren (to merge with Charles A. Learned- David M. Vincent Post 1) Federal Employees 496 Flint (to merge with Fisher Body Post 342) PHILIPPINES Major Khalil Khodr 65 Batuan City Molintas-Dangwa 135 Latrinidad, Benguet Major Marcelo G. Payomo 277 Bayambang, Pangasinsn TEXAS Silsbee 44 Silsbee (to merge with William H. Curtis Post 72) Newton 158 Newton Strawn-Mingus 497 Strawn UTAH Parley-Kimball 108 Ephraim WISCONSIN Johnson-Litch 334 Oregon (to merge with Benjamin Johnson Post 160)

It is the recommendation of the Membership and Post Activities Committee the following one (1) charter cancellation not be approved until additional research can be done:

Department Name Post # Location

NEW HAMPSHIRE Sunapee 117 Sunapee

Sons of The American Legion Charters Presented to The National Executive Committee for Cancellation October 14, 2010

On August 30, 2010 at the National Convention in Milwaukee, Wisconsin the National Executive Committee approved the cancellation of seven (7) Squadrons. Three (3) Squadrons have been submitted for cancellation consideration during the Fall NEC Meeting in Indianapolis, Indiana. All three (3) Squadrons are recommended for cancellation. It is recommended that the following three (3) Squadrons be cancelled:

Department Name Squadron # Location

ARKANSAS Van Buren 62 Van Buren

PHILIPPINES Major Khalil Khodr 65 Batuan City Molintas-Dangwa 135 Latrinidad, Benguet

NATIONAL COMMANDER FOSTER: Confirmation of dates for future meetings.

162 Proceedings of Thursday, October 14, 2010 RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, may I again address the national adjutant? NATIONAL COMMANDER FOSTER: You may. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Adjutant, do we have any new dates to approve? NATIONAL ADJUTANT WHEELER: No, sir, we do not.

Confirmation of Dates for Future Meetings

Following are dates for future meetings of The American Legion for the years 2010, 2011, 2012, 2013, 2014, 2015 and 2016, which have been previously confirmed by the National Executive Committee. They are as follows:

2011 Washington Conference March 20-23 2011 Spring Meetings Commissions and Committees May 2-3 National Executive Committee May 4-5 2011 Fall Meetings Commissions and Committees October 10-11 Commanders and Adjutants Conference October 10-11 National Executive Committee October 12-13 2012 Washington Conference February 26-29 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 2013 Washington Conference February 24-27 2013 Spring Meetings Commissions and Committees May 6-7 National Executive Committee May 8-9 2013 Fall Meetings Commissions and Committees October 14-15 Commanders and Adjutants Conference October 14-15 National Executive Committee October 16-17 2014 Washington Conference March 23-26 2014 Spring Meetings Commissions and Committees May 5-6 National Executive Committee May 7-8 2014 Fall Meetings Commissions and Committees October 13-14 Commanders and Adjutants Conference October 13-14 National Executive Committee October 15-16 2015 Washington Conference February 22-25 2015 Spring Meetings Commissions and Committees May 4-5 National Executive Committee May 6-7 2015 Fall Meetings Commissions and Committees October 12-13 Commanders and Adjutants Conference October 12-13 National Executive Committee October 14-15 2016 Washington Conference February 21-24

Proceedings of Thursday, October 14, 2010 163 2016 Spring Meetings Commissions and Committees May 2-3 National Executive Committee May 4-5 2016 Fall Meetings Commissions and Committees October 10-11 Commanders and Adjutants Conference October 10-11 National Executive Committee October 12-13

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, may I address the national adjutant? NATIONAL COMMANDER FOSTER: Yes. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Do we have any significant gifts to the library? NATIONAL ADJUTANT WHEELER: Yes, sir, we do. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, I would like to make a motion that the list be approved without being read, and reported in the digest. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried.

Significant Gifts to the National Headquarters Library

The following books were donated by NADHAL: The Attack on the Liberty; The Bay of Pigs; For Military Merit: Recipients of the Purple Heart; Admiral “Bull” Halsey; Hero Found: The Greatest POW Escape of the Vietnam War; Cry Havoc: How the Arms Race Drove the World to War, 1931-1941 Common Cause, Uncommon Courage, donated by James P. Maloney A Flyer’s “Dash”: An Autobiography, donated by James Kissick 1937 New York American Legion National Convention Parade scrapbook, donated by Margaret Folk 1927 European tour slides and 1927 souvenir booklet from the Bienvenue Francaise organization, donated by Marshall Hesler A collection of slides, donated by Bear Fowler The American Legion Weekly, January 27, 1922, donated by Louis Allyn The American Legion Magazine, September 1931, donated by Brad Proffitt Memoirs of War, Veterans of the Villa at Morlatton, donated by Robert S. Krebs The American Legion Weekly issues dated August 20, 1920 and August 27, 1920, donated by Frederick A. Kralowetz The Military Railway Service Journal (14 copies), donated by Collier Brown Battle Cries of the American Flags, donated by Mickey L. Dennis American Legion News, February 24, 1923, donated by John R. Rieker HAI QUAN newsletter on Vietnam, donated by Harry J. Hirt An Electrifying Journey From Belle Isle to Hastings in One Hundred Days: The Story of Thomas A. Edison Post #187’s 1959 Run to The American Legion National Championship, donated by Fred Bowen Every Night & Every Morn: Portraits of Asian, Hispanic, Jewish, African-American, and Native-American Recipients of the Congressional Medal of Honor, donated by John L. Johnson

164 Proceedings of Thursday, October 14, 2010 Significant Gifts to the National Headquarters Museum

American Legion cap – Alameda Women’s Post 781, donated by Carole Doddroe ‘Welcome American Legion’ pin, donated by Andrew L. Hatupis The American Legion 50th Anniversary commemorative decanter, donated by Clifton A. Nyleen Photographs of Army Specialized Training Unit #3922 at the University of Utah in 1943-44, and a DVD, The Ritchie Boys, donated by Werner A. Hundt Walking cane from The American Legion’s 1930 National Convention in Boston, donated by Andrew Dolan 1923 American Legion membership card, donated by Randy Sanks WWII WAVE uniform, donated by Deanna L. Heasley Newsreel, 1945 News Parade, donated by Helen L. Horowitz Newsreel, 1947 News Parade, donated by Michael Harreld Two framed photos, Fred Hayoz with Carole Lombard and Fred Hayoz, Wendell Willkie and Oscar Brown, donated by Ann Bullington Copies of the application and temporary charter for Werling-Roberts Post 327 (LA), donated by Michael Escriba Uniform of a female Legionnaire from USS Jacob Jones Post No. 2 and the Legion Post flag of USS Jacob Jones Post No. 2, donated by Dennis G. Kurre 1931 Detroit, Michigan National Convention badge, donated by William A. Munson National Convention medals 1929, 1931, 1936, and 1937; Auxiliary National Convention medals 1938, 1939 and 1940, donated by Eugene R. Pytka George C. Evans Post 103 (Centennial, Colorado) history materials, donated by Richard Callan

NATIONAL COMMANDER FOSTER: At this time I call on the Subcommittee on Committees, Chairman Richard W. Anderson, from the Department of Connecticut.

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

Thank you, Mr. Commander. If I may take a moment before I give this report. Sir, you would be interested that under your leadership an all-time high has been reached. Last evening, seven members, veterans of the elite United States Coast Guard, answered the roll call. (Laughter) Their number has doubled in recent years. Should this trend continue we're going to be holding our own. NATIONAL COMMANDER FOSTER: Thank you. CHAIRMAN ANDERSON: National Commander Foster, national officers, my colleagues on this National Executive Committee and guests. Before I make this report, once again I would like to address the importance of all of you filling out your appointment forms in their entirety and submitting them prior to the deadline issued. You have followed these instructions in recent years, and this year we only had one department that did not meet that deadline. The future of The American Legion lies in your hands, for you have the responsibility of recommending the most qualified members of your department to serve on our various commissions, committees and conferences. We stress this, especially on the qualifications of a particular member to serve in the capacity that you recommend. It is also imperative that those individuals you appoint, understand and are committed to the aims and principles of The American Legion.

Proceedings of Thursday, October 14, 2010 165 Also it is important that when members from your respective departments who are listed to serve and therefore become deceased, that you notify the national adjutant's office so that changes can properly be addressed, and appropriate people notified. This committee has reviewed over 1,200 recommendations over the past two days, so you can understand the importance of submitting them by the deadline issued to give the national commander’s executive assistant the proper time to prepare your folder for this committee's review. I thank you for your support in this matter. Commander Foster, thank you for the privilege of serving as chairman of this subcommittee, and for the qualified people that you have assigned to serve with me. I am pleased to present the following from the Subcommittee on Committees with the assistance of, and would they please stand and be recognized as I introduce them. Your vice chairman, Paul Evenson, the Department of South Dakota; Richard Coccimiglio, Department of Pennsylvania; Charlie Aucoin, Department of Louisiana; Richard Heigert, Department of Missouri, and Randall Coffman, Department of Kentucky. Thank you gentlemen. (Applause) Commander, your committee met at national headquarters on Sunday, October 10, 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 Committee, department commanders, department adjutants for the courteous presentations of your recommendations. Upon completion of the interviews, a report was prepared in rough draft and submitted to the national commander's office for his final approval. This report in its final form is now on your desk. We commend the staff of its excellent work in the preparation of this report, and especially to the national commander's assistant, Nancy Vaughn, for her patience and dedication throughout our deliberations. I also commend the members of my subcommittee for their hard work, and thank you, commander for those who helped in the selection of these appointments. With the list on your desk, you have the opportunity to look it over. I recommend that we do not take the time to read it aloud. Therefore, I move that this report be approved, with the exception of whatever minor corrections may be required, and that the national commander be given authority to make any interim appointments as deemed necessary. Mr. Commander, that completes my report. …Second.

NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. Thank you, Rich. (Applause) I want to point out to you if you want to know the inner-workings of The American Legion, and you want to do some work, some long hours, those guys order lunch in. Once you become an NEC, put a sheet in and get recommended to that, you'll have your work cut out for you. Okay. At this time we'll have the final report of the Resolutions Committee, by Jerry Hedrick from North Carolina.

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

Thank you, Mr. Commander. Your Subcommittee on Resolutions has been in session since October 11th. We have considered all resolutions that have come before the committee, and considered and acted upon 31 resolutions. I would like to take the time to thank the members of the committee who have done an outstanding job, and have attended every session and participated in discussion of all of these resolutions. My special thanks go to, and as I call your name, please stand and

166 Proceedings of Thursday, October 14, 2010 remain standing until I finish the list. My special thanks go to my vice chairman, Dave Warnken of Kansas; Bob Proctor from Florida, and we're grateful to have him back with us. Robert Owen from Maine; Bill Kile of West Virginia; Charles Schmidt of Oregon and Raymond DeZurik of Minnesota. I want to thank them very much for their service. (Applause) Appreciation also is extended to Howard Trace and staff who serve our committee, and they are very capable, and Howard, thank you very much. I would like Howard to stand. Howard, thank you for all the work you do for our committee. (Applause) I would also like to thank the Document Center, directors and chairmen the commissions and committees on this week's work in order to bring the reports and resolutions to you. During our deliberations we have met with a number of members and staff who have been very helpful to us in explaining questions we have about the resolutions that came before you this week. Mr. Commander, it's a pleasure to serve as your chairman of the Subcommittee on Resolutions. I would like to thank the National Executive Committee in reporting the various resolutions. You have been most cooperative, and Mr. Commander, I move this report be received and filed, and I thank you very much. …Second.

NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. ...At this time National Vice Commander Schrier assumed the Chair.

Closing Remarks Jimmie L. Foster, Alaska, National Commander

At this time I will give my closing remarks. We started the opening session of the NEC and we had a memorializing resolution read for Past National Commander Joe Mathews, one of the most classiest elegant men I ever met. Never heard him say an ill thing about anybody. He will be truly missed. He was a good man. Just for a note, about two weeks after Joe L. passed away, his lovely wife Pinky passed away also. So our sympathy is with the family. We had a productive couple of days and we addressed some important issues. One of the other things was on Resolution 39, the Don't Ask, Don't Tell. I sent a letter to President Obama asking him to join us and to make sure that that appeal to the Supreme Court, that a judge should not allow that to happen and have the authority for somebody that was never elected to a public position to override the mandates of the Department of Defense, and the United States as a whole. (Applause) Other things out there, you guys and gals in the room here know all about the Four Pillars. I want you to go back to your own departments as you heard from the national vice commanders, they're going to do it as they travel their regions. I want you to go back to your departments and express that. Don't take it for granted that everybody in the room has heard this five thousand times. We talked about personal contact, interaction. You might have one or two new members coming to your meeting or your function for the first time. Make sure you express the Four Pillars again. And you heard everybody talk about personal contact. And if you ask why am I not rejoining The American Legion or renewing my dues, nobody talked to me. That's a prime example of where personal contact is at. Shake their hand. Welcome them. Ask them what they want to do; how involved you want to be in The American Legion. You might have somebody there in 10, or 15, 20 years, might escalate to be a national commander. Don't take anybody for granted. And always lead by example, not position. Never have your people do something that you wouldn't do or

Proceedings of Thursday, October 14, 2010 167 haven't already done. Don't belittle anyone to the manner and something that you wouldn't do. You know, you heard about technology. You know, Commander Hill has us on Twitter and FaceBook and about seven other of the programs out there. Technology is there. You heard me say that the guys and girls that are in the military today, some of them if they joined with parental consent at seventeen, that's all they know. All they know is the Internet. That's how you they function from day one. So make sure  I told the SAL in their convention that us old guys, us old-timers don't want to release the reins; want to hold onto them. And if they think the young bucks out there don't belong with them, you know, make a good will gesture that the squadron want to pay the 19.95 a month at the post level to get Wi-Fi in the post. And if they see more computers coming in, younger Legionnaires with younger Auxiliary, younger Sons coming in, maybe that will rub off on them. So, make sure you endorse and bless everything. Females, I told you 15 percent, the team came to me and, if you'll check out the appointments there, you'll see that I lived up to my word. I wanted a female to be the Membership and Post Activities chairman, and by golly, I got one. I got a great lady, Denise Rohan out of Wisconsin. Full of vigor. She can do it. If anybody can motivate us, she can do it. I talked about diversification, I have a black national sergeant-at-arms. I put my money where my mouth is. That's what you need to do. Grassroots. It all starts at home. You guys and gals put them in there, you can take them out. There's a lot of them going out too. They've already found that out. They haven't even won their primaries. So, make sure that you go out and make them commit. You can do it by phone, e-mail, letter. The best thing is to go somewhere and make them tell you how they feel about a particular issue, especially if it deals with veterans and their dependants. You know, the next great idea? I don't know what it is. Maybe some of you guys out here don't know. I'm not a rocket scientist or a Rhodes scholar, but let me tell you, I don't know what the next great idea is, but make sure you interface with the people, and make sure that you listen to them. That may be the next great idea to keep this organization going on the plateau that we want to be. My membership award, I want to commend all those. I saw about seven or eight on the hats that they put there that they received since they've been here. That shows that you have initiative as leaders of the NEC within your own department to already sign up nine members  excuse me, seven members; two new and five renewals. It shows that you have dedication and you want to lead by example. I appreciate that. I want to see all 110 of you in the room. Fifty-five times two. Do the math, one hundred and ten. We'll see 110 pins on these red hats up here in due time. I want you to sign them up. We have a limited stock. I want you to make national buy more. If we're buying more, we're signing up seven a throw to get the pin. So I want you to do that. Other things said. You heard last night the national chaplain use the acronyms of both myself and my national president, and I like the way you made that flow, chaplain. That was good. The S.A.V.E.D, Serving Americans Veterans Every Day, and Carlene is By the Power of One. You are serving America's veterans every day by the power of one  you guys and gals in this room. You know, I said I told you I wanted you to stay positive. Stay focused. You saw somebody that was positive and he was focused, Josh Bleill, what a great kid. (Applause) You've heard all the national vice commanders talk about their visit to Walter Reed. You know, if you have a weak heart, maybe you better do it in steps, because it will get to you. If you go in there and you don't have a lump in your throat or you don't have a tear in your eye, you better go to the mirror. Something is wrong with you.

168 Proceedings of Thursday, October 14, 2010 You guys and gals, you're doing great over there, 122 foreign countries. All I want to do is one thing. You know, we're all volunteers. There's a few paid employees in here in the staff, but all these guys and gals out here, sitting here at the NEC, might get a little per diem, most of the time it doesn't cover your expenses. Everybody has been down that road. We haven't had a draft since the early '70's. We're all volunteers. You know, all we do is get beat up. We get beat up at the post. Nobody helps. Nobody does enough. There's two words that will work in American society real well: Thank you. That's all you got to do is say thank you, and 99 percent of the time that will pacify any payment anybody that's a volunteer in your post, your unit, or your squadron. I'm a Family oriented guy, American Legion Family, that's what you should be talking. As I travel the country, I want to see all of you. I'm out of here today to go the National President's Homecoming in Austin, Texas. Then we go to the Wizard of Oz Kansas, and then to New York. (Laughter) So we're everywhere. So the travel is scheduled. If I had a conflict, see Nancy Vaughn and I'm looking forward to seeing all of you. I love you very much. You are my family. Thank you. (Standing applause)

... At this time National Commander Foster resumed the Chair. RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Commander, move to receive and file that report. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. Any unfinished business?

Technical Motion

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, I would like to make a technical motion that the national adjutant be instructed to review the minutes of this NEC Meeting and make any necessary corrections without changing the intent of the NEC Meeting and proceed to edit and distribute these minutes. …Second. NATIONAL COMMANDER FOSTER: You have heard the motion and the second. Any discussion? All in favor? Opposed? Carried. Any other unfinished business? NEC MEMBER AGUILAR (AZ): Comrade Commander, I have a check here for the Legacy Fund I would like to give to you. NATIONAL COMMANDER FOSTER: And we would like to take that. ...At this time National Vice Commander Pytka assumed the Chair. NATIONAL COMMANDER FOSTER: He's going to make a donation to the Legacy Fund. Anybody else want to give us some money before we leave here? Come on up here. It can be for any program. We like them all. NEC MEMBER AGUILAR: Comrade Commander, this is for the Legacy Fund from the Department of Arizona, a total of $3,000. (Applause) DEPARTMENT ADJUTANT ALDECOA (AZ): Commander, I don't have a check or an envelope or a big pile of money, but at Ye Steivos here the other night you gentlemen in here helped donate $2,571. I don't have a check but I got a little piece of paper that says how much it was. (Laughter) NATIONAL COMMANDER FOSTER: Anymore donations? Okay. Thank you. ...At this time National Commander Foster resumed the Chair. NATIONAL COMMANDER FOSTER: Any announcements?

Proceedings of Thursday, October 14, 2010 169 Announcements

NATIONAL ADJUTANT WHEELER: Yes, sir. Some of you have asked about Josh Bleill's book, One Step at a Time. It is available on amazon.com, and his name is spelled B-L-E-I-L-L Josh, One Step at a Time. It's also available at colts.com/onestep. Also, the national judge advocate has asked me to warn you that he will hunt you down for your conflict of interest forms. He's still missing about twenty of them. And he's got several that are unsigned, so you will be hunted down even though you turned it in. So if you have the conflict of interest form, you haven't done it, please turn it in before you leave the building. You can turn it in to the front office directly below you. NATIONAL COMMANDER FOSTER: Any other announcements? At this time if you will please rise for the benediction by the national chaplain from Wisconsin, Reverend Daniel J. Seehafer.

Benediction Daniel J. Seehafer, Wisconsin, National Chaplain

Family, let us pray. Heavenly Father, it was really good to be here, all the way from the Commander's Homecoming this past Saturday, to the end of another NEC, as Your presence was definitely noticed by the outpouring of love and compassion among us. Yes, especially in all the work we do for You and this country built on those God-given, if you will, Four Pillars. But also the strength and healing granted to our fellow Legionnaires, some with us, some home, but nevertheless still with us. To the joy and celebration in marriage and even in anniversary, but even in death, even in that earthly good-bye to have that hope, that reality, yes, that joy of seeing our loved ones once again, which we will because of You. Before we depart, it is certainly with thanksgiving toward You through Commander Foster for giving me, a young buck, if you will, the wonderful opportunity and privilege of leading these great Legionnaires and our Family in prayer. Now, Lord, grant safety in our travels. Strengthen our endeavors, passion for our mission, and enable us to make a difference in this organization and in the lives that we touch. Until we meet again, we do pray in the only name that has saved. And so it shall be. (Chorus of amen) NATIONAL COMMANDER FOSTER: Recover. The national sergeant-at-arms will join us in retiring the colors. NATIONAL SERGEANT-AT-ARMS KING: Hand-salute. Two. ...The National Executive Committee stood and rendered a salute to the Colors. NATIONAL COMMANDER FOSTER: I now declare this NEC adjourned. ...At 10:00 a.m., the Fall Meetings of the National Executive Committee adjourned. Sine Die.

Abbreviations

AAP ...... American Academy of Pediatrics, AdoptAPlatoon ACLU ...... American Civil Liberties Union AGIA ...... Association Group Insurance Administrators AO ...... Agent Orange

BVA ...... Board of Veterans Appeals, Board of Veterans Appeals CASA ...... Court Appointed Special Advocate CdLS...... Cornelia de Lange Syndrome Foundation CFA ...... Citizen's Flag Alliance CHALENG ...... Community Homelessness Assessment, Local Education and Networking Groups CMN ...... Children's Miracle Network COTA ...... Children's Organ Transplant Association

DADT ...... Don’t Ask, Don’t Tell DEC ...... Department Executive Committee DMS ...... Direct Mail Solicitation DoD ...... Department of Defense DOL ...... Department of Labor DREAM ...... Development, Relief and Education for Alien Minors DVOP ...... Disabled Veterans Outreach Program

EIN ...... Employer Identification Number EMT ...... emergency medical technician ERISA ...... Employee Retirement Income Security Act

FAR ...... Federal Acquisition Regulation FY ...... fiscal year

GBS ...... Gallagher Benefit Services GDP ...... Gross Domestic Product GSA ...... General Services Administration

H2H ...... Heroes to Hometowns HCHV...... Healthcare for Homeless Veterans HP ...... Hewlett Packard HUB ...... Historically Underutilized Business HUD ...... Housing and Urban Development HVRP ...... Homeless Veterans Reintegration Program

IBM ...... International Business Machines ICE ...... Immigration and Customs Enforcement IED ...... improvised explosive devices IRA ...... Individual Retirement Account IRS ...... Internal Revenue Service

JPAC...... Joint Prisoners of War, Missing in Action Accounting Command

KBM ...... KnowledgeBase Marketing

172 KBR ...... Kellogg Brown and Root, Inc. KSA ...... Knowledge, Skills and Abilities

LVER ...... Local Veterans Employment Representative

MEI ...... Managing Editor, Inc. MIA ...... Missing in Action MOS ...... Military Occupational Specialty

NADHAL ...... National Association of Department Historians of The American Legion NCCS ...... National Children's Cancer Society NEC ...... National Executive Committee NECA ...... Alternate National Executive Committee Member NHQ ...... National Headquarters NVLSP …...………….……………………….National Veterans Legal Services Program

OCW...... Operation Comfort Warriors OEF ...... Operation Enduring Freedom OIF ...... Operation Iraqi Freedom

PNC ...... Past National Commander POW ...... Prisoner of War PSA ...... Public Service Announcement PTSD ...... Post-traumatic Stress Disorder

QR ...... Quality Review

RFP ...... Request For Proposal RO ...... Regional Office ROAR ...... Regional Office Action Review

SAL ...... Sons of The American Legion SAVED ...... Serving America's Veterans Every Day SBA ...... Small Business Administration SCRA ...... Servicemembers Civil Relief Act SDVOSB ...... Service Disabled Veteran Owned Small Business SEC ...... Securities and Exchange Commission SEVIS ...... Student and Exchange Visitor Information System SGLI ...... Servicmembers’ Group Life Insurance SMOCTA ...... Service Members Occupational Conversion and Training Act START ...... Strategic Arms Reduction Treaty

TAL ...... The American Legion TBI ...... traumatic brain injury TFA ...... Temporary Financial Assistance TSRR ...... Technical Services Rate Retainer

UPS ...... Uninterruptible Power System USAA ...... United Services Automobile Association USAID ...... United States Agency for International Development USAREC ...... United States Army Recruiting Command

173 VA ...... Department of Veterans Affairs VASH ...... Veterans Affairs Supportive Housing VBA ...... Veterans Benefits Administration VETS ...... Veterans Employment and Training Services VFW ...... Veterans of Foreign Wars VHA ...... Veterans Health Administration VISN...... Veterans Integrated Service Network VPCC ...... Veterans Planning Coordination Committee VSO ...... Veterans Service Organization

Index

2010 Election ...... 6 2011 National Convention ...... 46 990 Compliance Policy ...... 14 A Ad Hoc Committee to Review Insurance Policies ...... 34 AdoptaPlatoon ...... 16 Affirmative Consent for Transfer ...... 150 Afghanistan ...... 7, 17, 49, 55, 58, 68, 69, 110, 111, 130 Agent Orange ...... 13, 24, 25 Agent Orange Product Liability Litigation Appeals ...... 12 Agreement With The National Veterans Legal Services Program (NVLSP) - 2010-2011 ...... 41 American Academy of Pediatrics ...... 79 American Legion Baseball ...... 35, 42, 47, 48, 118, 119, 120, 121 American Legion Baseball Player of the Year ...... 118 American Legion Baseball Region One Tournament Site ...... 121 American Legion Business Task Force, The ...... 57 American Legion College ...... 7 American Legion Commends The Republic of Chile, The ...... 148 American Legion Conducts A Needs And Issues Survey Of Women Veterans, The ...... 40 American Legion Day ...... 129 American Legion emblem trademark, The ...... 13 American Legion High School Oratorical Contest, The ...... 39 American Legion Magazine Commission report, The ...... 47 American Legion Position on Military Chaplains and Physicians, The ...... 148 American Legion Racing Program ...... 89 American Legion Retirement Plan, The ...... 31 American Legion World Series ...... 18, 35, 42, 47, 117, 120, 121 American Veterans Disabled for Life Memorial ...... 34 Americana Gala ...... 33 Americanism Commission report ...... 117 Americanism Conference ...... 119 amnesty, immigration ...... 71 Announcements ...... 63, 112 Arlington National Cemetery ...... 7, 84 Ashworth, Mrs. Carlene ...... 65 Authorizing Withdrawal From Paid-Up-For-Life Membership Trust For Administrative Expenses ...... 42 Autism Safety Toolkit ...... 80 B Benediction ...... 169 Bequest (Estate Of William E. Smith) To The American Legion ...... 42 Black, Hannah ...... 118 Black, Victoria ...... 118 Bleill, Josh ...... 167, 169 Boy Scouts of America ...... 12, 21, 22, 137

176 Boys Nation ...... 16, 118 Boys State ...... 97, 118, 119, 120 Boys Town ...... 80 Brown, Charles ...... 118 C Call-Ins ...... 36 Canadian Legion ...... 13 Change to the Sons of the American Legion National Constitution ...... 101 chaplains ...... 149 Child Welfare Foundation ...... 77, 78, 79, 82, 91, 94, 96, 97, 106 Children and Youth Conference ...... 77, 79 Children’s Miracle Network ...... 78 Children’s Organ Transplant Association ...... 80 Children's Miracle Network ...... 78 Chile ...... 148 Citizens Flag Alliance ...... 14, 32, 157 Cold War Victory Medal ...... 68, 73, 149 College Board ...... 19, 34, 38, 39 College Board License Agreement, The ...... 38 Commission on Children and Youth report ...... 77 Committee on Education ...... 119 Comtech Group ...... 17 Confirmation of Cancellation of Post and/or Squadron Charters ...... 160 Confirmation of Dates for Future Meetings ...... 162 Confirmation of Interim Appointments ...... 160 conflict of interest disclosure ...... 15 Cornelia de Lange Syndrome Foundation ...... 80 counter-subversive activities ...... 76, 119 Counter-Subversive Activities Committee ...... 118, 119 Creation of Ad Hoc Committee on Traumatic Brain Injury (TBI) ...... 87 Crippled Lamb Program ...... 81 Crowe Howarth, LLP ...... 34 D Department of Defense budget ...... 67 Department of Homeland Security ...... 71, 72, 73, 143 Development, Relief and Education for Alien Minors (DREAM) Act ...... 130 Direct Mail Solicitation ...... 18, 32, 34, 90, 108, 109 Disabled Veterans Outreach Program ...... 140 Disabled Veterans’ Tax ...... 6, 130 Don't Ask, Don't Tell ...... 5, 6, 70, 71, 125, 130, 166 draft ……………………………………………………………………………………... 74 Dugout ...... 47 E Eagle Scout of the Year ...... 118 Economic Commission report ...... 49 Eligibility of National Officers ...... 159 Employee Retirement Income Security Act of 1974 (ERISA) ...... 31

Bold typeface indicates the title of a resolution 177 employer identification numbers ...... 14 Enhancements to NHQ Computing Environment ...... 37 Ensuring Quality Health Care for Veterans ...... 85 Establish A Strategic Plan For Internal Security Within The United States ...... 76 Establish Cold War Victory Medal ...... 73, 149 Executive Order 13-360 ...... 53 Extend Selective Service Program to Women Ages 18-25 ...... 74 F Federal Supply Schedule Program ...... 53 Finance Commission report ...... 32 financial means test ...... 87 Flag Code Amendment ...... 122 flag protection amendment ...... 7, 128 Foreign Relations Commission report ...... 109 Fourth Estate Award ...... 105, 107 G Gallagher Benefit Services ...... 36 Georgia State University Research Foundation, Inc...... 80 Gold Star Parents Bill ...... 6, 84, 127, 131 H Health Care Web Center ...... 86 heart disease ...... 85 Heroes to Hometown Golf Classic ...... 57 Heroes to Hometowns ...... 7, 57 Hire Vets First ...... 51 History of The American Legion ...... 105, 106 homeland security ...... 75, 119 homeless veterans ...... 54, 55, 58 Homeless Veterans Reintegration Program ...... 54 Housing, Employment, and Living Programs for Veterans Act of 2010 ...... 129 I illegal immigration ...... 7, 71, 72, 73, 119, 137 Immigration Reform To Enhance National Security ...... 71 Individual Retirement Accounts ...... 60 Insurance Committee report ...... 35 Internal Affairs Commission report ...... 89 internal tracking of aliens ...... 71 Introduction of National Officers ...... 8 Invocation ...... 1, 113 Iran………...... 110, 111 Iraq...... 7, 54, 55, 58, 68, 69, 110, 111, 130 J Jacobson, Tyler ...... 118 Johnson, Jarret ...... 89

Bold typeface indicates the title of a resolution 178 Joint POW/MIA Accounting Command ...... 110, 111, 112, 140 Junior Air Rifle Sporter Champion ...... 118 K Kansas Braille Transcription Institute, Inc...... 80 L Law Internship Program ...... 41 Legacy Scholarship Fund ...... 57, 106 Legion Riders ...... 14, 89, 107, 117 Legiontown ...... 7 Legislative Commission report ...... 124 Legislative Program ...... 137 leukemia ...... 85 Liberty Memorial ...... 100 licensing and certification ...... 51 Literacy Guides for Sighted Parents of Blind Children ...... 80 Local Veterans Employment Representative ...... 140 M Make-A-Wish Foundation ...... 80 Matricula Consular ...... 72 Matthews, Joe, PNC ...... 9, 10, 166 Membership and Post Activities Committee report ...... 109 Memorial Resolutions...... 9 Mercy Flight Southeast, Inc...... 80 Mojave Desert Cross ...... 13, 28 Mortensen, Gary ...... 111 Mount Soledad War Memorial ...... 12, 23 Mutual of Omaha ...... 35 myLegion.org ...... 47 N National Association of Department Historians of The American Legion ...... 152 National Autism Association ...... 80 National Braille Press ...... 80 National Cemetery Administration ...... 7 National Children’s Cancer Society...... 81 National Committee on Education ...... 119 National Convention Commission report ...... 45 National Convention Corporation of Wisconsin report ...... 43 National Convention, future dates ...... 46 National Court Appointed Special Advocate ...... 80 National Defense Authorization Act ...... 130 National Emergency Fund ...... 89, 90, 91, 104, 106 National Forensic League Sponsorship ...... 39 National Historian report ...... 152 National Judge Advocate report ...... 11 National Legislative Council ...... 125, 132, 134 National Marfan Foundation ...... 81 Bold typeface indicates the title of a resolution 179 National Meningitis Association, Inc...... 81 National Museum of the United States Army ...... 33 National Organizations for Youth Safety...... 81 National Security Commission report ...... 67 National Security Principles ...... 75 National Veterans Legal Services Program ...... 16, 35, 41, 84, 85 National Vice Commanders' reports ...... 154 Native American veterans...... 128 Need A Lift? Agreement ...... 38 Newdow flag case ...... 22 Newdow, Michael ...... 12 Norlight ...... 16 North Korea ...... 110, 111 O Office of Citizenship ...... 118 Office of Federal Procurement Policy ...... 52 One Million Miracles Initiative ...... 80 One Step at a Time ...... 169 Online Update ...... 47, 48 Opening Remarks: Jimmie L. Foster, National Commander, Alaska ...... 5 Operation Comfort Warriors ...... 7, 106 Operation Enduring Freedom ...... 54 Operation Iraqi Freedom ...... 54 Our Military Kids ...... 81 P Paid-Up-For-Life Membership Trust Fund...... 42 Pakistan ...... 110, 111 Paralyzed Veterans of America ...... 33 Parkinson's disease ...... 85 per diem re-imbursement ...... 36 Peterson, Michael ...... 19 Phillips, Joe ...... 118 Pledge of Allegiance ...... 12, 22 Ponca City Children's Home, American Legion ...... 80 Post 9/11 GI Bill ...... 58, 127, 139, 140 post traumatic stress disorder ...... 14, 54, 55, 69, 83, 85 POW/MIA ...... 1, 111, 113 Presidential Commission on Servicemembers’ and Veterans’ Transition Assistance...... 52 Providing Opportunities for Service-Disabled Veteran Businesses ...... 53 Public Relations Award ...... 105 Public Relations Commission report ...... 104 R Reauthorize And Fund Veterans Affairs Small Business Loan Program ...... 59 Redesignate the Liberty Memorial in Kansas City Missouri and the District of Columbia WWI Memorial as National WWI Memorials ...... 99 Regional Office Action Review ...... 85

Bold typeface indicates the title of a resolution 180 Reports: American Legion Magazine Commission, The ...... 47 Americanism Commission ...... 117 Commission on Children and Youth ...... 77 Economic Commission ...... 49 Finance Commission ...... 32 Foreign Relations Commission ...... 109 Insurance Committee ...... 35 Internal Affairs Commission ...... 89 Legislative Commission ...... 124 Membership and Post Activities Committee ...... 107 National Convention Commission ...... 45 National Convention Corporation of Wisconsin ...... 43 National Historian ...... 152 National Judge Advocate ...... 11 National Security Commission ...... 67 National Vice Commanders ...... 154 Public Relations Commission ...... 104 Subcommittee on Committees ...... 164 Subcommittee on Resolutions ...... 9, 165 Veterans Affairs and Rehabilitation Commission ...... 83 Rescind Resolution 26, NEC October 2009  Service On Veterans Of Valor’s Board of Directors ...... 86 Rescind Resolution No. 10 SPINOZA's "Buddy Bear Project" ...... 82 Resolutions: No. 1: Travel Policy For Call-Ins ...... 36 No. 2: 2011 Enhancements to NHQ Computing Environment ...... 37 No. 3: Need A Lift? Agreement ...... 38 No. 4: The College Board License Agreement ...... 38 No. 5: National Forensic League Sponsorship ...... 39 No. 6: The American Legion Conducts A Needs And Issues Survey of Women Veterans ...... 40 No. 7: Agreement With The National Veterans Legal Services Program (NVLSP) - 2010-2011 ...... 41 No. 8: Bequest (Estate of William E. Smith) to The American Legion ...... 42 No. 9: Authorizing Withdrawal From Paid-Up-For-Life Membership Trust For Administrative Expenses ...... 42 No. 10: Rescind Resolution No. 10 SPINOZA's "Buddy Bear Project" ...... 82 No. 11: Rescind Resolution 26, NEC October 2009  Service On Veterans Of Valor’s Board of Directors...... 86 No. 13:Creation of Ad Hoc Committee on Traumatic Brain Injury (TBI) ...... 87 No. 14: Affirmative Consent for Transfer...... 150 No. 15: Redesignate the Liberty Memorial in Kansas City Missouri and the District of Columbia WWI Memorial as National WWI Memorials ...... 99 No. 16: Change To The Sons Of The American Legion National Constitution ..... 101 No. 17: Support Funding For Additional Housing For Homeless Veterans With Families ...... 58 No. 18: Reauthorize And Fund Veterans Affairs Small Business Loan Program .... 58 No. 19: Support the Rollover of IRA Accounts Without Penalty or Tax Liability of a Permanent and Total 100 Percent Service Disabled Veteran with Individual Unemployability ...... 60 No. 20: Support a Veteran-Centric Website for Employment ...... 60 Bold typeface indicates the title of a resolution 181 No. 21: Support and Strengthen the Servicemembers Civil Relief Act (SCRA) ..... 61 No. 22: Support Veterans Hiring Initiative in The Department of Veterans Affairs ...... 62 No. 23: Immigration Reform to Enhance National Security ...... 71 No. 25: Extend Selective Service Program to Women Ages 18-25 ...... 74 No. 26: National Security Principles...... 75 No. 27: Establish A Strategic Plan For Internal Security Within The United States ...... 76 No. 28: American Legion Baseball Region One Tournament Site ...... 121 No. 29: Flag Code Amendment ...... 121 No. 30: The American Legion Commends The Republic of Chile ...... 148 No. 31: The American Legion Position on Military Chaplains and Physicians ..... 148 risk assessment group ...... 34 Role of the Pediatrician in Military Medicine, The ...... 80 S S.A.V.E.D, Serving America’s Veterans Every Day ...... 8, 167 Samsung American Legion Scholars ...... 119 Secor, Kevin ...... 114 secret evidence in deportation hearings ...... 71 Selective Service ...... 69, 74 Service Members Occupational Conversion and Training Act ...... 139 Servicemembers Civil Relief Act ...... 61 Significant Gifts to the National Headquarters Library and Museum ...... 163 Small Business Administration ...... 53, 56, 59, 127, 139, 140 Small Business Loan Program ...... 59 Smith, William E...... 42 Songs of Love (SOL) Foundation ...... 81 Sons of The American Legion ...... 91, 93, 101 START treaty ...... 68 Status on Veteran Small Businesses ...... 52 Stiefel, Nathan ...... 118 Stratalys Research & Consulting, LLC ...... 17, 41 Student and Exchange Visitor Information System ...... 72 Subcommittee on Committees Report ...... 164 Subcommittee on Resolutions Report ...... 9, 165 suicide prevention ...... 68 Support a Veteran-Centric Website for Employment ...... 60 Support And Strengthen The Servicemembers Civil Relief Act (SCRA) ...... 61 Support Funding For Additional Housing For Homeless Veterans With Families ...... 58 Support Legislation to Increase the Income Threshold of a Veteran Married to Another Veteran to Two Times the Financial Means Test For Enrollment Into The VA Health Care System ...... 87 Support The Rollover Of IRA Accounts Without Penalty Or Tax Liability Of A Permanent And Total 100 Percent Service-Disabled Veteran With Individual Unemployability ...... 60 Support Veterans Hiring Initiative In The Department Of Veterans Affairs ...... 62 System Worth Saving Task Force ...... 83, 85, 86

Bold typeface indicates the title of a resolution 182 T Team Johnson Motorsports...... 89 Temporary Financial Assistance ...... 7, 77, 79 This is War: Memories of Iraq ...... 69, 110, 111 traumatic brain injury ...... 69, 84, 85, 87, 88, 131, 142 Travel Policy For Call-Ins...... 36 Twitter ...... 48, 105, 106, 167 U Union Fidelity ...... 35 United States Army Recruiting Command ...... 17 USAJobs.com ...... 56, 60 V VA hiring process ...... 49, 56, 62 VA Voluntary Service ...... 83 Veteran Hiring Initiative, The ...... 50, 55 Veterans Affairs and Rehabilitation Commission report ...... 83 Veterans Affairs Voluntary Service ...... 96 Veterans' Benefits Act of 2010 ...... 131 Veterans Benefits and Economic Welfare Improvement Act of 2010 ...... 129 Veterans Employment and Training Services ...... 54, 56, 61, 139 Veterans Health Administration ...... 57, 85, 131 Veterans of Valor ...... 86 veterans preference ...... 7, 13, 25, 49, 55, 62, 85 VetSuccess...... 129 W WebStream Productions ...... 18 Westboro Baptist Church ...... 13, 29 women veterans survey ...... 40 World War I Memorial ...... 89, 99 Y Young Marines ...... 81 Youth Champions ...... 118

Bold typeface indicates the title of a resolution