PROCEEDINGS of the National Executive Committee of THE

PROCEEDINGS

of the

National Executive Committee

THE AMERICAN LEGION

National Headquarters Indianapolis, Indiana

October 14-15, 2009

Table of Contents

Wednesday, October 14, 2009

Invocation ...... 1 Roll Call ...... 2 Opening Remarks: National Commander Clarence E. Hill, Florida ...... 4 Introduction of National Officers ...... 9 Report: Subcommittee on Resolutions...... 9 Memorial Resolutions ...... 10 Report: National Judge Advocate ...... 10 Report: Finance Commission ...... 29 Insurance Committee ...... 33 Resolutions: No. 2: The American Legion Charities ...... 34 No. 3: Authorization To Enter Into An Agreement With Creative Street Media Group For Production And Placement Of Video Materials To Promote The American Legion On The Military Channel ...... 35 No. 4: One Time Amendment Of The American Legion Salary Savings Plan (401(k) Plan) For Haynes & Partners, Inc. Consolidation ...... 36 No. 5: Amendment Of The American Legion Salary Savings Plan (401(k) Plan) To Revert Plan Year Back To Calendar Year ...... 37 No. 6: Authorization For Sears Holdings Management Corp. And The American Legion Fundraising Initiative ...... 37 No. 7: Uniformed Groups Participation At The National Convention Of The American Legion ...... 38 No. 8: Agreement With The National Veterans Legal Services Program (NVLSP) 2009-2010 ...... 38 No. 9: 2010 Enhancements To NHQ Computer Environment ...... 39 No. 10: Use Of The American Legion Life Insurance Fund Account For Scholarship Awards To The American Legion Eagle Scout Of The Year Program In 2010 ...... 40 No. 11: Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion Baseball Program—2010 ...... 41 No. 12: Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion High School Oratorical Scholarship Program—“A Constitutional Speech Contest”—2010 ...... 42 No. 13: Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion Boys Nation Program—2010 .. 43 No. 14: Disposal of the Founding Fathers Exhibit ...... 44 No. 15: Authorizing Withdrawal From Paid-Up-For Life Membership Trust For Administrative Expenses ...... 45 No. 16: Amendment To Resolution No. 9—“The American Legion Baseball Program” ...... 45 No. 17: Travel Policy For Call-Ins ...... 46 No. 18: Rescinding Of Res. 24 NEC Oct. 1990—Change Of Policy For Call-Ins—1990 ...... 47 No. 19: NEED A LIFT? Agreement ...... 48 No. 20: The College Board License Agreement ...... 49

iii

Reports: National Convention Corporation of Kentucky ...... 49 National Convention Commission ...... 50 The American Legion Magazine Commission ...... 53 Economic Commission ...... 59 Resolutions: No. 39: Support Licensure And Certification Of Active-Duty And Selected Reserve Personnel ...... 76 No. 40: Support Additional Housing And Funding For Low-Income And Homeless Veterans ...... 77 No. 41: Support Amending The Eligibility Criteria For The Transfer Of The Post 9/11 GI Bill Educational Benefits ...... 77 No. 42: Support Major Enhancements For The Post 9/11 GI Bill Educational Benefits ...... 78 Announcements ...... 79

Wednesday Afternoon Session

Greetings: Mrs. Rita Navarreté, National President, American Legion Auxiliary ...... 81 Report: National Security Commission ...... 82 Resolutions: No. 1: Support For The Global War On Terror ...... 86 No. 33: Rescinding Of National Security Non-Legislative Policy Resolutions ...... 87 No. 34: The American Legion Supports Department Of Defense “Don’t Ask; Don’t Tell” Policy ...... 87 No. 35: Military Families Affordable Housing Qualification ...... 88 No. 36: Priorities For Military Health Care And Wounded Warrior Care ...... 88 Reports: Commission on Children & Youth ...... 89 Veterans Affairs and Rehabilitation Commission ...... 94 Resolutions: No. 21: The American Legion Position On The Department Of Veterans Affairs (VA) Enhanced Use Lease (EUL) Policy ...... 104 No. 22: Support For The 2010 National Veterans Wheelchair Games ...... 105 No. 23: 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 ...... 106 No. 24: The American Legion Policy On State Veterans Home Per Diem Reimbursement ...... 107 No. 26: Service On Veterans Of Valor’s Board Of Directors ...... 110 No. 27: Amend Title 38, United States Code, To Clarify The Treatment Of A Veteran As Adjudicated Mentally Incompetent For Certain Purposes...... 111 No. 37: The American Legion Policy On Federal Contractors ...... 112 No. 38: The American Legion Policy Protecting Veterans And Military Retirees Healthcare ...... 113 Report: Internal Affairs Commission...... 115 Resolution No. 28: Support Of The Planned Expansion Of The National World War II Museum ...... 123 Reports: Public Relations Commission ...... 124 Foreign Relations Commission ...... 127 Resolution No. 29: The American Legion’s Policy On The United Nations ...... 129 iv

Report: Membership and Post Activities Committee ...... 130 Announcements ...... 134

Thursday, October 15, 2009

Invocation ...... 135 Roll Call ...... 135 Report: Americanism Commission ...... 137 Resolutions: No. 30: Oppose Flag Code Change—Conduct During Hoisting, Lowering Or Passing Of The Flag Or The National Anthem ...... 141 No. 31: Rescinding Of National Americanism Program Non-Legislative Policy Resolutions ...... 143 No. 32: Expression Of Concern In The Decline Of Participation In The American Legion School Award Medal Program ...... 144 Reports: Legislative Commission ...... 145 National Historian ...... 161 Reports: National Vice Commanders ...... 164 Morris M. Bentley, Idaho ...... 164 Dr. Gordon B. Browning, Maryland ...... 164 Mark A. Avis, Massachusetts ...... 165 James Morris, Ohio ...... 166 Eugene Schumacher, South Dakota ...... 167 Eligibility of National Officers ...... 168 Confirmation of Interim Appointments ...... 168 Confirmation of Cancellation of Post and/or Squadron Charters ...... 169 Confirmation of Dates for Future Meetings ...... 171 Significant Gifts to the National Headquarters Library ...... 171 Significant Gifts to the National Headquarters Museum ...... 172 Report: Subcommittee on Committees ...... 173 Final Report: Resolutions Subcommittee ...... 174 Closing Remarks: Clarence E. Hill, National Commander, Florida ...... 174 Benediction ...... 176 Reports: Citizens Flag Alliance, Inc...... 177 National Security Ad Hoc Committee on TRICARE ...... 180 Abbreviations...... 193 Index...... 197

PROCEEDINGS

of the

NATIONAL EXECUTIVE COMMITTEE

Wednesday, October 14, 2009

...At 9:00 a.m., October 14, 2009, the National Executive Committee of The American Legion was called to order by National Commander Clarence E. Hill, and the following proceedings were had: NATIONAL COMMANDER HILL: This meeting of the National Executive Committee will come to order. The Colors of our country in place, hand-salute. ...At this time the members of the National Executive Committee stood and saluted the Colors. NATIONAL COMMANDER HILL: I call on the National Chaplain John L. Beaver from Alabama for the invocation.

Invocation John L. Beaver, Alabama, National Chaplain O God, be with us, O Lord, as we gather for the beginning of our meeting. And let the beauty and the wisdom of Your holy presence guide our every thought, word, and actions. Guide and direct us to accomplish all goals and commitments that may be set forth at this Fall Conference. Thank You for the works of the committees and commissions that have been completed so far. Let us continue on to complete the business set forth in this meeting, keeping ever mindful our purposes for God and country. O Lord, we are mindful that there are homes where there is emptiness because of loved ones have not returned home from battle. So many have given their last full measure of devotion so that we might be free. There are those that still suffer from wounds that purchased our liberty. Give comfort, O Lord, to those who are recovering from wounds, to those who sorrow, those who wait, those who are hurting because of their loss. At the end bless the accomplishments that have been made for our community, state and our beloved land. Amen.

Pledge of Allegiance And Preamble to the Constitution of The American Legion NATIONAL COMMANDER HILL: National Sergeant-At-Arms Paul Martel lead the Pledge. …At this time the members of the National Executive Committee stood and recited the Pledge of Allegiance. NATIONAL COMMANDER HILL: Please cover. Please join with me in the Preamble. …At this time the members of the National Executive Committee stood and recited the Preamble to the Constitution of The American Legion. NATIONAL COMMANDER HILL: The national adjutant will call the roll. ... The national adjutant, Daniel S. Wheeler, called the roll, and the following members were present.

2 Proceedings of Wednesday, October 14, 2009 Roll Call National Officers

National Commander Clarence E. Hill, Florida

National Adjutant Daniel S. Wheeler, Virginia

National Chaplain John L. Beaver, Alabama

National Vice Commanders Morris M. Bentley, Idaho Dr. Gordon B. Browning, Maryland Mark A. Avis, Massachusetts James C. Morris, Ohio Eugene Schumacher, South Dakota

Past National Commanders William E. Galbraith, Nebraska—Excused Joseph J. Frank, Missouri John H. Geiger, Illinois Anthony G. Jordan, Maine Joe L. Matthews, Texas—Excused Butch L. Miller, Virginia Michael J. Kogutek, New York—Excused Hon. Alan G. Lance, Idaho—Excused Keith A. Kreul, Wisconsin Ray G. Smith, North Carolina Clarence M. Bacon, Maryland Richard J. Santos, Maryland John P. ‘Jake’ Comer, Massachusetts Ronald F. Conley, Pennsylvania Hon. H. F. Gierke, North Dakota—Excused John A. Brieden, III, Texas 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

Proceedings of Wednesday, October 14, 2009 3 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 John F. Milburn Massachusetts Milton K. Lashus Mexico Arthur Herbruger Michigan Darwin Krieger Minnesota Raymond DeZurik Mississippi Charles E. Langley Missouri Richard A. Heigert Montana Sylvia A.M. Beals Nebraska Douglas L. Boldt Nevada Salvatore Ruvolo 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 Richard H. Zulch Oklahoma Warren D. Wilson Oregon Charles E. Schmidt Pennsylvania Richard A. Coccimiglio Philippines William J. Kelly—Excused Puerto Rico Alberto Rodriguez Rhode Island Ronald P. Levasseur—Excused Normand G. Vadnais South Carolina Billy W. Bell South Dakota Paul A. Evenson Tennessee Perry D. Roberts Texas Conrad L. Roberson—Excused James E. Prendergast Utah William E. Christoffersen 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—Excused William R. Wright, III

NATIONAL ADJUTANT WHEELER: We have a quorum, sir. NATIONAL COMMANDER REHBEIN: I declare a quorum. …At this time National Vice Commander Browning assumed the Chair.

4 Proceedings of Wednesday, October 14, 2009

Opening Remarks Clarence E. Hill, Florida, National Commander Good morning. national officers, past national commanders, members of the National Executive Committee, and all of our guests. As a Navy man and now national commander of the greatest veterans organization on earth, I can sum up what’s ahead for The American Legion in three words: Full speed ahead. We need to go full speed because we have some battles ahead of us in Washington, D. C. We just learned last week that the 2010 National Defense Authorization Act Conference Committee Report, dropped the provisions which would have phased out concurrent receipt for Chapter 61 service connected disabled military retirees. It also drops House passed language that addresses elimination of the offset and the survivors benefit program. These provisions are supported by The American Legion. I have already taken action to address these issues by contacting the chairmen of the Armed Services Committees to re-emphasize The American Legion’s support for these provisions. I’m requesting a hearing on these dropped quality of life issues, and re- introduction of legislation that contains these provisions for consideration in both chambers. I want to thank the Department of Michigan commander for writing to Senator Levin, Chairman of the Armed Services Committee, and the Department of Missouri commander for writing to Representative Skelton, Chairman of the House Armed Services Committee, expressing support of my requests. Hearing directly from their constituents will help reinforce the importance of these issues. The conference report contained many provisions strongly supported by The American Legion, such as repeal the recent TRICARE inpatient co-payments for a year, and a 3.4 percent military pay raise. So we don’t want to throw the baby out with bath water, but these critical provisions cannot just simply be kicked down the road until next year. Not on my watch. We will proceed full bore into membership, where I wish to begin by congratulating our departments that have achieved the 55 percent goal. I will not name them since there are forty-nine of them thus far. (Applause)And nationally we are at 61.64 percent. So congratulate yourselves. You’ve heard me say before that membership is truly the hardest easy job that we have to do. But it must be a little hard because we are not at 55 departments at 55 percent. I believe that it is easy to talk people into joining The American Legion once they find out what we’re all about, and if you just ask them. We’re about helping veterans like the young Marine that I visited at Walter Reed Army Medical Center a couple weeks ago. This Marine had lost both of his legs, but was full of enthusiasm and knowledge. He was totally involved with his treatment, and described in detail his options for prosthetics. Instead of bitterness, he exhibited a sense of gratitude for all those working at the center, and moreover he is totally convinced that he will return to his unit. It is heroes like this young man who serve as an inspiration for Legionnaires like myself to continue doing what we do. And we are finding new ways to talk about The American Legion. Have you seen the new American Legion Facebook; Linkedin; YouTube; Twitter; MySpace or Flickr pages? I’ve now crossed 900 friends on Facebook, and I expect I’ll get to a thousand by the end of this month. The national website will be getting a major overhaul, and we will soon be launching mylegion.org. And members can see what their national commander is doing everyday by visiting the clarencehill.legion.org website. Since its inception at the close of the National Convention, this Clarence Hill site has had 2,538 unique visitors through last

Proceedings of Wednesday, October 14, 2009 5 week. These visitors have come to the site 3,806 times, and viewed 15,107 pages. It’s a relatively new site, and I expect it will get a whole lot more traffic as more people become aware of what the national staff is doing with that site. We’ve also been breaking new ground with our blogs. The Burn Pit blog site was mentioned in the New York Times and the Marine Corps Times for pressuring the federal government to bring charges against a fraudulent veteran. The potential is unlimited. After an entire unit of U.S. soldiers had all of their personal gear destroyed during a battle in Afghanistan, the Burn Pit set up a relief fund and called for donations. Within days, over $45,000 was raised, thanks to the contributions of approximately 350 visitors. So please congratulate the Burn Pit. (Applause) Some of the other things that we’re doing to support the troops, and I don’t mean just slogans or empty gestures, but real deeds. We’ve now raised close to $200,000 for Operation Comfort Warriors since it began last December. Keep in mind, this is after we had raised $335,000 to purchase comfort items for the troops as part of Operation Landstuhl initiated by Past National Commander Paul Morin. Combined, that’s more than a half million dollars spent on items such as hooded sweatshirts; phone cards; iPods; Sony PlayStations; computer games; pool tables and other comfort items. Anything that would help brighten the day for our wounded heroes who have already sacrificed so much on the battlefield. But this ship is not yet anchored. When I became national commander I set a further goal to raise an additional $100,000 by the end of this year. While we have already raised a few thousand dollars toward that goal, we won’t meet it without your help. I’d like you to go back to your departments and publicize this program in your newspapers and newsletters. All the overhead for the program is paid for out of the headquarters’ budget, so that every penny that is donated goes directly to helping our wounded heroes. People can donate online by looking for the Operation Comfort Warriors logo that is prominently displayed on the home page of legion.org. Your departments can also help the troops by maintaining strong and active Heroes to Hometowns programs and transition teams. I had the pleasure of participating in a recent Heroes to Hometowns golf outing in Washington, D.C. We won’t talk scores, but we raised over $25,000 for the program. Another way we support the troops is by letting them know that we have their backs. When the Associated Press released the photograph of a dying Marine in Afghanistan, we stood with his family and said, “This is wrong.” When the military leadership said we need more troops to succeed in Afghanistan, we said to Washington, “Send them.” We have seen the results of a successful troop surge in Iraq, and we owe it to our brave men and women who have served in Afghanistan to make sure that their sacrifice is not for naught. There’s no doubt that war fatigue and complacency is starting to set in for the American public. But we must always remember that we did not declare war on the terrorists. They declared war on us. The 9/11 attacks happened before we went to Iraq or Afghanistan, and let’s not forget the terrorist attacks that would have happened if not for our brave men and women in law enforcement. There’s no telling how many Americans would have died if al-Qaeda had been successful in his recent plots to set bombs off in the American mass transit system. We must stand behind our men and women in uniforms, especially when they are in harm’s way. We must give them the tools they need to succeed, even if that means overwhelming force. It seems to me that if the general in Afghanistan says that he needs an additional 40,000 American troops, we should send him what he needs. Do not separate the war from the warrior. You cannot support the warrior without letting them do their jobs.

6 Proceedings of Wednesday, October 14, 2009 The American Legion will also be closely watching what’s happening to the detainees in Guantanamo Bay if the White House carries out its promise to close that prison in January. I visited Camp Delta with Past National Commanders Tom Bock and Paul Morin, and I may go there again this year. The conditions there were far different than the gulag that is being portrayed by the media. It’s bad enough that many of the released detainees returned to fight Americans on the battlefield, but we do not need them on American streets as well. As important as it is for us to support the troops, we must not forget about them when they get out. For starters, America’s veterans deserve a strong VA system. I recently met with VA Secretary Eric Shinseki, and reiterated the goals and priorities that I delivered during my testimony before the 111th Congress. In the area of advance appropriations, Congress finally responded to our longstanding requests to appropriate VA funds early enough to allow VA to make operational decisions and to plan with funding certainties. The House recently passed HR1016, the Veterans Health Care Budget Reform and Transparency Act of 2009, and this legislation provides VA advance appropriations each fiscal year to begin on October 1st, regardless of whether the rest of the annual military construction, veterans affairs, and related agencies appropriations have been signed into law or not. Yesterday the Senate passed the same bill. It will now be sent to President Obama for signature. Enactment of advance appropriation is a major legislative victory. Although The American Legion deeply appreciated the significant increases in VA’s overall appropriations in recent years, not knowing when the funds would arrive, how much there would be, or if it was going to be enough, made managing the nation’s largest and best integrated health care delivery system a major challenge. Trying to administer the best health care anywhere with a check in the mail philosophy is absolutely illogical. It will still require a great deal of work on our part to make sure the annual appropriations will be sufficient. However, by working closely with Speaker Pelosi and Senator Reid, VA funding has increased each year to meet the increasing demand for health care by the entire veterans community. As Operations Enduring Freedom and Iraqi Freedom continue, this nation has a moral, ethical, and legal obligation to care for the men and women placed in harm’s way. We cannot meet these new health care challenges by asking veterans of previous wars to move aside or leave in order to provide timely access and quality health care to our newest generation of wartime veterans. Advance appropriations will help allow VA health care professionals to make short and long range management decisions without wondering when the appropriations will arrive, how much there will be, and will it be enough. VA health care however must be fenced off from the discussion about national health care reform. VA health care should be considered in an acceptable form of health insurance. This benefit should not be taxed. It must be allowed to deliver health care to veterans unaffected by whatever reform is adopted. We are calling for the passage of HR3365, the Medicare VA Reimbursement Act of 2009, and the introduction of a similar bill in the senate which will enhance and expand the VA resources and ability to deliver service to the veterans population. This must not be a quid pro quo where appropriations are cut relative to the amount received from Medicare. Veterans, like most Americans, pay into the Medicare system through payroll taxes. It is only fair that they be allowed to use their benefits in the health care system that was created specifically for them. The Indian health care system has been successfully billing and collecting for Medicare and Medicaid for years without any significant problems. TRICARE For Life is DoD’s newest version of Medicare reimbursement, and it’s time to do the same for the VA. (Applause)

Proceedings of Wednesday, October 14, 2009 7 The good news about the medical care being provided on today’s battlefield is that more of our heroes are surviving from what would have been fatal wounds in previous wars. This, however, presents major challenges. VA and DoD must improve their identification and treatment of traumatic brain injuries and post-traumatic stress disorder. Mild TBI complications are hard to detect due to a lack of objective diagnostic tests. In order to better serve our wounded warriors, we must develop objective and validated testing procedures for the determination and treatment of PTSD and TBI. The backlog of VA compensation cases is simply unacceptable, but the way to eliminate this backlog is not by quickly rejecting claims over minor technicalities, it is by providing VA the resources, and yes that probably means money, that it needs to fairly, accurately, and swiftly adjudicate claims. We are justifiably proud of The American Legion’s role in writing the Servicemen’s Readjustment Act of 1944. We should also be proud of our role in passing the New GI Bill that is helping the new generation of veterans. Congressman Chet Edwards, a key appropriator in the House, said the New GI Bill would not have happened without the hard work of The American Legion. But all is not perfect with that new bill. Some students have experienced delays in receiving their benefit payments. They have recently had trouble in cashing their checks. Unlike some other organizations that wish to be part of the problem and castigate the VA, The American Legion realizes that no program of this huge scope could launch without some initial glitches. We are instead encouraging the students to contact The American Legion and our network of service officers for assistance with obtaining their educational benefits. But nonetheless the GI Bill can still be improved. We’re calling on Congress to make the benefit available to veterans who which to attend trade schools or pursue their education online or through on-the-job training. The struggling economy impacts everyone, but veterans, particularly the National Guard members and Reservists are among the hardest hit. These veterans tend to be older than their active duty counterparts and in today’s environment they are just as likely to have been deployed for extended periods of time. While military service should be a badge of honor to most employers, it is too often looked at as a hindrance in the workplace. The government must step up its efforts to provide the necessary employment opportunities, training, and education programs to assist all veterans, regardless of age or disability to obtain suitable jobs. And we in The American Legion must step up our own outreach to women and minorities. The Legiontown, U.S.A. booklet contains an article about the Dorie Miller Post 915 in Chicago. This post, named after a World War II legend, was nearly dead five years ago. Today it is not only very much alive, but is striving and involved in all kinds of community relations projects. While The American Legion must continue to speak out against illegal immigration, we have a responsibility to help legal immigrants, those who abide by the law to assimilate. Post 29 in Marietta, Georgia is doing just that, by mentoring candidates for U.S. citizenship, and even hosting classes for citizenship exams. These examples, however, are far too scarce. The American Legion needs to be more diverse. Women veterans face unique issues, such as sexual harassment and assault, breast and cervical cancer, and discrimination. In today’s military, every service member is a critical resource, and on the battlefield the enemy is not discriminating. The American Legion should be proud that since 1919 this organization allowed eligible women veterans to join when many groups had their doors closed. But being allowed in, isn’t the same as being welcomed and recruited in. We must make The American Legion an attractive organization for men and women of all ethnicities and all religions.

8 Proceedings of Wednesday, October 14, 2009 We must also remember that we are for God and country, and we will oppose the ACLU and like-minded organizations, as they attempt to remove any semblance of religion from our society. (Applause) We continue to fight for the Mojave Cross, whose outcome is now being decided by the Supreme Court. We know that today’s attack on an isolated cross in the desert is simply an opening salvo for attacks on veterans cemeteries, other memorials, and even the Boy Scouts of America who share our belief in God and country. And just as the ACLU seems to have a problem with expressing God publicly, the same group seems to have no problem with people desecrating symbols of our country, the flag of the United States. The American Legion continues to support the Flag Protection Amendment to the U.S. 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. And of course we must be attractive to young people, which is one of the major factors in launching the new website and our increased presence on social media networks. When the young veteran tells you he or she does not want to join The American Legion, you should ask him why not. You may be surprised by what you hear. Perhaps a real or perceived slight occurred at your post, but it’s important that we listen to what these younger veterans have to say, especially if we wish this organization to remain strong and relevant. The wait your turn mentality and conducting business as usual because that’s the way we’ve always done it, are turnoffs to young veterans, just as they were to preceding generations who may not have received the welcome that they deserved by Legion posts when they first returned from war. Consider these young veterans as potential candidates for The American Legion College. The more inclusive we are to our younger members, the more they will want to remain in our great organization. On September 16th, The American Legion, with the help of Congress, observed its first American Legion Day. Representative Deborah Halvorson and Senator Olympia Snowe introduced resolutions in the House and Senate proclaiming the day, while listing the many contributions that The American Legion has made to this country in the 90 years since Congress granted the Legion its charter. These Congressional proclamations were quite an honor, but just as important were the local proclamations passed in communities across the country. Posts were encouraged to hold events as part of the Legiontown campaign to educate the public about the programs and often unheralded deeds accomplished everyday by Legionnaires across the country. We also encouraged posts to sign Community Covenants, a local version of what you witnessed at the opening of our Convention in Louisville. Legiontown campaigns are still underway, as the initiative is intended to run from September through November each year. You each have a booklet on conducting Legiontown campaigns, and I encourage you to share them with your departments and to visit the Legiontown website at legiontown.legion.org, and we expect the Legiontown campaign to grow and be even better next year. I’ve been to Washington, D.C. three times. I visited with five senators and 27 representatives, including Speaker Nancy Pelosi, Senator Daniel Akaka, Representatives Filner, Edwards and Buyer, among many others. The respect that members of Congress have for The American Legion is nearly universal, regardless of political party. Speaker Pelosi’s comments were typical of what each member related. She expressed appreciation for our staff’s work, accessibility, and responsiveness, and asked that the Washington staff keep her up to date on the issues. During our visit she jumped quickly from topic to topic, but was very clear about where veterans fit in her priorities. She made a promise to move and improve veterans issues, and she has kept that promise with a lot of budget increases over the years due to her proactive involvement.

Proceedings of Wednesday, October 14, 2009 9 People also want to belong to an organization that gets things done. During my last visit to D.C. we got word that one senator from Oklahoma had a hold on a couple of bills that would benefit veterans through the VA: S252 and S728. S252 contains a number of important provisions to include one dealing specifically with women vets. I sent a tweet on it which generated some comments on Facebook. Then the Washington staff put out a legislative alert via the Legislative Action Center on that issue. When activity picked up in response to the alert, the senator’s staff called our legislative director and indicated the senator was waiting on Congressional Budget Office cost estimates. The alert remained in effect, and the senator received so many calls on it, that he agreed to lift the hold on S728, but he’s still keeping the hold on the much bigger S252 while he’s working closely with the Veterans Affairs Committee to iron out his concerns. This is a testament as to what a grass roots effort can achieve, and how important it is for as many Legionnaires as possible to be signed up to receive these alerts. When an alert is issued, its success can only occur if it results in a lot of correspondence, phone calls, emails or letters in support of the issue. Although every senator is entitled to exercise his or her own privilege, The American Legion will make sure that they feel the heat and see the light on each and every issue that’s important to The American Legion Family. Clearly, there is strength in numbers, and when an organization of 2.5 million speaks, Congress listens. Now imagine if we were an operation of three million again. And with your help that’s possible. Now we need to get out there and do it. God bless you and God bless the United States. Thank you. (Standing applause) …At this time National Commander Hill resumes the Chair.

Introduction of National Officers NATIONAL COMMANDER HILL: I now introduce our national vice commanders and ask that they stand as I introduce them. Morris M. Bentley from Idaho; Dr. Gordon B. Browning from Maryland; Mark A. Avis from Massachusetts; James C. Morris from Ohio, and Eugene Schumacher from South Dakota. (Applause) And the rest of our national officers. John L. Beaver, Alabama, the national chaplain. James T. Higuera, California, our national historian. Paul Martel, Florida, the national sergeant-at-arms. (Applause)

Reading Of Minutes of the Two Proceeding Meetings NATIONAL COMMANDER HILL: The reading of the minutes of the last two meetings. RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, the minutes have been printed in digest form and distributed. I move they be approved without being read. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. I call on the Chairman of the Subcommittee on Resolutions, Mr. Jerry L. Hedrick of North Carolina.

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 42 resolutions that will be presented today and tomorrow, coming from committees and commissions who will make their reports. Any resolutions dealing with commissions will follow that report. All other resolutions

10 Proceedings of Wednesday, October 14, 2009 have been disposed of by administrative action or held for further study and will be reported as an addendum. Mr. Commander, would you prepare the NEC 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 John P. Tipping (New York) WHEREAS, It has pleased almighty God, the Great Commander, to summon to His immortal legions our beloved comrade, John P. Tipping—Department Commander 1977 to 1978; National Executive Committee Alternate Member 1978 to 1979; National Vice Commander 1988 to 1989; National Legislative Commission Member 1999 to 2009; 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 14th Day of October in the year of our Lord 2009, does mourn the passing of our distinguished Legionnaire, John P. Tipping, 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: John W. Sloan (Maryland); James W. Conway (Massachusetts); Jack Hayes (Oklahoma); Joseph V. Adams (Pennsylvania); Hoyte M. Robinson (Tennessee); Joseph W. Young (Tennessee); Robert A. Bergeron (Vermont); James Elam (Virginia); and Eldon L. ‘Skeeter’ Jones (Wyoming).

My Dead I cannot think of them as dead Who walk with me no more; Along the path of life I tread They have but gone before. —Frederick L. Hosmer

NATIONAL COMMANDER REHBEIN: Cover. We have a report of the national judge advocate, Mr. Onderdonk.

Oral Report: National Judge Advocate Philip B. Onderdonk, Jr., Maryland Mr. Commander, members of the NEC, Legionnaires. Good morning. Once again I have a long report but I’m not going to read it all, although I will have a second session. It’s only 28 pages this year instead of 36. First we’ll get rid of the first 11 pages by saying that we had 133 contracts that were reviewed this past year, and we’ll go through the litigation. The commander was totally correct that the ACLU attack on crosses and veterans memorials will lead to the attack on the Boy Scouts. They have already started. There is a big attack on the Boy Scouts in San Diego. They had a very nice complex in Balboa Park in San Diego. They were attacked by a group funded by the ACLU saying that they

Proceedings of Wednesday, October 14, 2009 11 discriminated because they required a belief in God, and they do not allow gays to participate as leaders. This case is headed to the Supreme Court. It’s currently in the 9th Circuit. It’s going very slow. I believe they are waiting for the Mojave Cross case to be decided to get an indication of where they’re going. One of the two plaintiffs, I should say one pair of two plaintiffs is a gay couple that has adopted a child, a boy. They never sent him to the Boy Scouts. He would have been welcomed of course, because they, quote, felt he would not be welcome. That’s no basis for federal jurisdiction, standing. The other couple are agnostics. They’re challenging the Boy Scouts on the belief in God. Here again, there is no standing because they’re not atheists. An atheist denies the existence of God, an agnostic only says he or she does not know whether God exists or not. Again, it’s not enough for federal standing in my opinion. But we are an amicus in the case and we will be there to the very end supporting the Boy Scouts. The Pledge case is still proceeding very slowly in the California District Federal Court of Northern California. Reverend Dr. Newdow is back again. He was thrown out in the Supreme Court for lack of standing because he was not the custodial parent for his own daughter, since he and the mother never married. But now he’s representing a couple bringing up all the same issues, and we’re an amicus at the district court level and we’ll follow that case all the way through. I’m certain that one is going to end up going back to the Supreme Court as well. About a 95 percent chance knowing the Ninth Circuit. We have a case in Pennsylvania, it was started with the filing of a Praecipe for Summons, and the Summons. Under Pennsylvania law the complaint need not be filed for several years, unless the defendant insists. We have not insisted. Until the complaint is filed the case goes nowhere. The case should have been thrown out but the plaintiff asked for an extension of time, which the court granted. Eventually the court will get tired and throw it out unless a complaint is filed. We have no idea what it’s about, so we just keep watching that case. The Paulson case in California is another veterans memorial case. This is the Soledad Memorial. It has a cross on it. It was put up years and years ago, and it is clearly a veterans monument. But again it’s being attacked. We have filed our amicus brief. This case is in both the California Supreme Court and the Ninth Circuit. The Federal court at the district level ruled the cross did not violate the Constitution. The plaintiffs have appealed. My written report says May, but that’s back before they did. So, hopefully that case will be accepted by the Supreme Court as well, or they may say it’s been determined by the Mojave case, assuming we win. I will get to the Mojave case in a minute. We have an Agent Orange products liability case going forward. The plaintiffs were not able to file their claim in the 1984 litigation because they had no manifested symptoms. They were not allowed to trial, received no compensation, and the settlement fund for that earlier case has been exhausted. Now they have the symptoms, and we are supporting them as an amicus. The dram shop case in Texas is an auto accident based on drinking. The matter was referred to our insurance company and counsel obtained. Shortly thereafter the plaintiff’s attorney filed a motion to withdraw. The court authorized the withdrawal. The case is totally in limbo, and has been for a year and a half or more. And we see will continue. There again, we see no reason to rock the boat and spend money, because eventually if nothing happens, it will go away. Case in Mississippi. This is a discrimination case based upon actions at a post. The plaintiffs sued the national organization for failure to oversee and control the post. We all know that’s nonsense under our Charter and our Constitution and By-Laws. The plaintiff’s attorney has refused to pay attention to this citation in cases, so the case is going forward, and we have an attorney. The facts of the case are rather simple. The post rented out its hall for a wedding reception. The best man was black. After the reception or

12 Proceedings of Wednesday, October 14, 2009 toward the end of it, he walked into the bar to get a drink. He had to wait 15 minutes and the barmaid put the change on the counter instead of in his outstretched hand. I understand that’s a requirement of law of the state, so that’s discrimination and we’re being sued. We have a very good attorney. We have filed for Summary Judgment. We’re waiting for the court to hear the motion. And in that regard, the national adjutant on another matter found a resolution from 1924, the St. Louis Convention, which says, and I quote operative language, racial discrimination is un-American and contrary to the principles of The American Legion, close quote. From 1924, ladies and gentlemen, that puts us out in the forefront. We’re not perfect, Lord knows. We’re human. But we’re on the right side of that issue. We will be watching that case. We still have a case by Christian Dejohn against Temple University because they denied him his doctorate degree because he was a veteran. We are in amicus in that case, assisting him in his lawsuit. We have some Agent Orange cases also in the Supreme Court. Again, the defense is the government contractor, defending that they were already sued, but these plaintiffs, again, were not allowed to file, and we are supporting them. We don’t know yet whether a certiorari will be granted or not. Pleasant Grove City versus Summum. This is the right of parties to place memorials disparaging veterans on city property merely because there’s a private memorial honoring veterans on city property. We have filed our briefs in the Tenth Circuit. The opinion was not favorable. The case will be going on. The Cignal International Corp. case. This is a trademark case in Ecuador. We also have one in Panama and one in Chile. This is a company run by an American out of New Jersey in these three countries. It was filed to stop their registration of our trademark, our emblem. We have no choice but to fight it, as long as we control all the emblem registrations in foreign countries, to stop its import through Customs. The tax collectors for imports. If they have a valid registration in a foreign country, you can’t. You then have to go after every retailer in this country which is an extreme job as you know. We were most worried about the Ecuador case because of the way their legal system or lack thereof operates. But we won that case. We are using it now to fight the Panama and Chile cases. And at the same time because this has happened, we now have been authorized to file in 39 foreign countries, counting the European Union as one, which adds 26 by itself, in the first wave, and another 19 in the second wave, so that this will not happen in the future. The countries we’re filing in initially include China, India, Australia, New Zealand, European Union, as I just mentioned. A number of countries in Southeast Asia and South America, especially the three we have cases in, and the follow- up filings will include Korea, Japan, Vietnam, and the Russian Federation. Going to the countries from which we purchase merchandise or to which we send merchandise or have posts in first. There’s a dram shop case in New Jersey, the Estevez case. We think it’s a dram shop case. The complaint was so poorly drafted we do not know for sure. It was originally served against the American Legion Auxiliary on July 9, 2008. The American Legion, national was never served, although our agent for the service of process was, and was referred to the department insurance company which is defending us. We thank the department. It’s always nice to keep our legal fees down. On his own motion, trial counsel suggested that the complaint would be dismissed, and we’re awaiting a result. So we really don’t expect too much trouble from that one. The Hooten case in Texas, this was a dram shop case. A lady left the post drunk. Had several accidents. Ended up killing one adult, and mother and child. The grandmother sued for those two. The other adult sued. Anyway, the case is over. It was a typical dram shop operation. The court was not happy with the fact that the national

Proceedings of Wednesday, October 14, 2009 13 organization and the department were not really responsible, and was trying to hold off Summary Judgment until the day of trial, but we’re out of the case, which is a good thing. We have a dram shop case in Bucks County, Pennsylvania which is being defended. That’s about all we have now. It was drinking at a post bar; going out and having a car crash and killing a person. Salazar versus Buono. This is the Mojave case. And let me, if I may, take a step back and run through the facts of the case. This is a cross out in the desert, which you have to leave the main road, get into the desert dirt roads and go hunt for and even then you have trouble finding it. It was put up by a bunch of VFW members in the 30s, and then redone in the 50s, tended by them. It was on federal land. When the case started and all the uproar was raised, the United States Congress passed a statute and swapped the acre of land on which the cross sits, with the local VFW post in the Mojave Desert for five acres of land that the post owned. The Ninth Circuit had the gall to say that Congress couldn’t do that. And I really don’t understand why because the Congress has the custody of the assets of the United States. They can sell it, give it away, do anything they want with it, if they can get the votes in Congress. I think it’s a total violation of the separation of powers. In addition, the plaintiff in this case lives up in Washington state, a former Forest Service employee who is offended, but he’s what, 800 miles away? Again, it doesn’t make any sense. We let the VFW take the lead in this case, of course, it’s their property, but we are supporting them with a brief, and we’re hoping we’ll get the proper decision from the Supreme Court. But I can never presuppose what that body will do, again, as you know. In other legal matters, 1103 opinions, there were 270 manuscripts reviewed; 41 opinions for the American Legion Auxiliary which I also represent; attended retirement meetings, 401(K) meetings; served as your parliamentarian; I functioned as secretary for Haynes & Partners Communications, although that extra job will end 12/31. I’m also counsel and director for the Citizens Flag Alliance. As you know, that’s very quiet right now, but we are still hopeful that we get the proper Congress, and we will reactivate. You know The American Legion does not give up on its positions. Attended all the proper meetings; drafted a number of legal documents and have given innumerable verbal reports and opinions. And Mr. Commander, that concludes my report, and then I have one more topic, if I may. Last fall this body adopted a compliance policy in accordance with the requirements of the IRS for the revolutionary 990, the 83 page form. That compliance policy requires a conflict of interest questionnaire to be filled out by every member of the NEC and every alternate because there’s a possibility that the alternate would have a vote. That also includes the vice commanders, and the national commander. Because the vice commanders have a vote, and the national commander will vote as chairman of the body. Past national commanders have voice but no vote. Hence, it is recommended that they fill out the form. It’s not yet required, but knowing how the IRS operates I would expect in three to five years it will be required for every member of this body. And I think in the future we’ll probably also have to ask commission chairmen since they have the right to report to this body. But again, that’s not yet the total requirement. All I can say is, you cannot disclose too much. You can disclose too little and get in trouble as a senator from Alaska learned to his chagrin. He’s no longer a senator. But if he had put down the gifts that he had that were in his campaign fund, probably he still would be a senator. Just like the governor of Illinois, I’m sorry, Illinois, but he tried to sell the seat instead of appointing himself to the seat and resigning as governor, and at the end of the term he would have had plenty of money to run for re-election. That’s how the system works. We all know that. So that’s pretty much all I can say. And I ask that every NECman and alternate fill out the form and drop it off at my office. If not, I’ll have to send a letter requesting it. And if I don’t get it the first time, a second or third letter will

14 Proceedings of Wednesday, October 14, 2009 be sent. 99.9 percent of everybody has been very cooperative on this I have to maintain them and I do keep them in the file. I had some questions about them, such as “My wife, for example, works for a department as a secretary.” Put it down. It’s not a conflict of interest, but you can’t be harmed for putting it down. Someone could try to cause you trouble if you didn’t. Are there any questions on that one? NATIONAL COMMANDER HILL: You can give them to Marty Justis here off to the side here and he’ll collect them. NATIONAL JUDGE ADVOCATE: Thank you, Commander. (Applause)

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

Contracts The following one hundred thirty-three (133) contracts have been reviewed or prepared: 1. Articles of Agreement by and between The American Legion and The American Legion National Convention Corporation of Indiana, covering the convocation of the 2012 Convention of The American Legion in the City of Indianapolis, State of Indiana, 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.

Proceedings of Wednesday, October 14, 2009 15 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 2009. 12. A Memorandum of Understanding by and between The American Legion and The United States Army Recruiting Command (USAREC), whereby The American Legion will assist the United States Army Recruiting Command to improve the recruiting environment for Army recruiters and USAREC will provide information regarding American Legion activities and special community events to local units, bulletins and newsletters. 13. An Agreement by and between The American Legion and Fischer/Parr Entertainment Group (FPEG), an Ohio corporation, to sponsor, at no direct financial cost to The American Legion, a NASCAR team for the Busch Series from Memorial Day 2005 through the end of the 2007 NASCAR season. 14. An Agreement by and between The American Legion and Bridgestone Golf to provide free golf equipment to military personnel returning from duty in the Middle East and Afghanistan. 15. A contract by and between The American Legion and 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

16 Proceedings of Wednesday, October 14, 2009 preventative maintenance checks on the Uninterruptible Power System (UPS) which regulates the power spikes to the AS400 and is the battery backup in case of a power outage. 27. A License Agreement, by and between The American Legion and Lansa Inc. for software. 28. An Agreement by and between The American Legion and Caremark Pharmacy Discount Prescription for discount prescription program. 29. A Purchase Agreement by and between The American Legion and Managing Editor, Inc. (MEI) for K4 Publishing System software to be used by the Magazine Division. 30. An Agreement by and between The American Legion and The Seven Company, LLC, a consulting service to obtain and present sponsorships, marketing agreements and marketing loyalty program agreement for The American Legion. 31. A Service Agreement by and between The American Legion and Koorsen Fire & Security for fire alarm and detection systems. 32. An Agreement by and between The American Legion and Sears Commercial to promote products provided by Sears Commercial as a discount benefit to Legion members and employees. 33. 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 Manpower Staffing Services Agreement for temporary help during the 2009 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 from August 14-18, 2009. 43. An Agreement by and between The American Legion and IMAVEX, LLC to design an American Legion Museum Tour Website. 44. An Agreement by and between The American Legion and Blueprint Holdings, LLC D/B/A MediaSauce to design a “decision tree” web module for The American Legion website.

Proceedings of Wednesday, October 14, 2009 17 45. An Agreement by and between The American Legion and Push Media Group D/B/A Sudden Industries to assist, consult and participate in the design and construction of a new American Legion website. 46. An Agreement by and between The American Legion and OfficeMax for discounted office supplies and print and document servies 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. Eighty-five (85) 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 AEGON Direct Marketing ASC (The College Board) 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. International Data Management JH Marketing Services KDM Konik and Company Kramers Mailing Service

18 Proceedings of Wednesday, October 14, 2009 Life Line Screening Lighthouse List Company Long Term Care Associates, Inc. LTCR Analytics IQ, Inc. 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 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 The Mailing House The Heritage Company The Hertz Corporation TN Marketing Torrington Telegram-Wyoming TransContinental Direct True North Companies (Medicare Part D, Program-provided by US Monitor Valley Printworks Ventura Printing VERTIS Veterans Online, LLC

Proceedings of Wednesday, October 14, 2009 19 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. 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.

20 Proceedings of Wednesday, October 14, 2009 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 has filed a petition to intervene as an amicus curiae. It seems clear that now that Newdow has plaintiffs that don’t have his standing problems, since they are the custodial parents of the children for whom they are suing, the matter will again 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

THE AMERICAN LEGION POST NO. 575, ET AL

Defendants

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

Proceedings of Wednesday, October 14, 2009 21 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 may appeal.

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

IN RE: “AGENT ORANGE” PRODUCTS LIABILITY LITIGATION

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

22 Proceedings of Wednesday, October 14, 2009 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 veteran’s organizations have also joined in support of the plaintiffs.

IN THE DISTRICT COURT TRAVIS COUNTY, TEXAS

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

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

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

Proceedings of Wednesday, October 14, 2009 23 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

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

24 Proceedings of Wednesday, October 14, 2009 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. Not withstanding 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 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 Sumum, 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 has been 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. Our briefs have been filed.

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 imposing 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. We are in the process of filing a similar case in Panama to get an approved registration in that country cancelled.

Proceedings of Wednesday, October 14, 2009 25

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 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. We are awaiting the result.

CAUSE NO. 352-230915-08

AMY HOOTEN, INDIVIDUALLY AND IN THE DISTRICT COURT OF AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DANIELLE HOOTEN, AND AS NEXT FRIEND OF AVERY HOOTEN, A MINOR.

Plaintiffs,

VS TARRANT COUNTY, TEXAS

THE AMERICAN LEGION DEPARTMENT OF TEXAS, THE AMERICAN LEGION,

26 Proceedings of Wednesday, October 14, 2009 Defendants,

THE SOUTH FORT WORTH AMERICAN LEGION POST #569,

Defendant and Third Party Plaintiff,

ALISIA PADILLA AND LUIS REYES,

Third Party Defendants. 352nd JUDICIAL DISTRICT

This case began in late 2008 as far as the National Organization of The American Legion is concerned by service with an amended complaint alleging that the National Organization was responsible for Post No.569 in Fort Worth, Texas. Apparently, the Post had leased out its hall for a party and Alisia Padilla and Luis Reyes attended the party and left drunk. There was an auto accident involving two cars. The family of the driver of the second car and the driver have not sued the National Organization. Amy Hooten’s attorney filed the amended complaint to bring in the National Organization and refused to accept all the citations including the Urban case that revealed the National Organization had no legal responsibility and was not responsible for the injuries in this case. After extensive discovery and a deposition of the National Adjutant, the plaintiff’s attorney finally dropped his unjustified demand for several hundred thousand dollars. The case is now 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 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 must be removed from the record before we can file our answer. In the meanwhile, the case is proceeding.

Proceedings of Wednesday, October 14, 2009 27

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.

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 1,103 written opinions on questions which have been submitted by the several Departments and/or Posts of The American Legion, National Officers, staff members and individual members of our organization. These opinions involved matters legal, such as contracts, probate matters, federal tax questions, torts, insurance matters, Articles of Incorporation, civil rights statutes, retirement benefits under the law and other matters of a legal nature; problems concerning the interpretation and construction of the National Constitution and By-Laws of The American Legion, policy matters, many of which matters required a great deal of legal research. In each instance, when appropriate, a copy of the opinion rendered was furnished to each of the following so that they would be acquainted with the decision affecting their Department; National Executive Committeeman, Department Commander, Department Adjutant, and the Department Judge Advocate of the Department involved. Many oral opinions were also rendered to the National Officers, National Commission Chairmen, to Department Officers, and to staff Directors of the national organization upon subjects involving matters legal, financial, administrative and policy.

28 Proceedings of Wednesday, October 14, 2009 There were 41 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 270 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 2008 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 2008 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 functions as Secretary for Haynes & Partners Communications, Inc. and attended all of the board meetings of said corporation and caused the minutes of each meeting to be prepared and distributed. The National Judge Advocate also functions as counsel on matters involving to date contracts, labor issues, real estate law, postal regulations, corporate organizations and insurance. The National Judge Advocate also functions as counsel for and a director of The Citizens Flag Alliance, Inc. In that capacity, the National Judge Advocate reviews contracts such as the trust for the flag essay scholarship fund and attends board meetings. The Office of the National Judge Advocate files required charitable registrations and reports to allow the American Legion National Organization to solicit funds in the states with charitable solicitation registration laws. To date, 11 registrations and reports have

Proceedings of Wednesday, October 14, 2009 29 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: Move the report be received and filed. …Second NATIONAL COMMANDER HILL: There is a motion and a second to receive and file the national judge advocate’s report. Any discussion? All in favor. All opposed. Motion carries. We’ll move to the reports of the national commissions, starting with our Finance Commission, and Chairman Ken Danilson from Iowa.

Oral Report: Finance Commission Kenneth D. Danilson, Iowa, Chairman Mr. Commander and members of the NEC and guests. This is a report of the National Finance Commission. The National Finance Commission met on October 12-13, 2009 with all members present. Many reports were received and noted in my written report. The Commission approved the charge off of two uncollectible accounts amounting to $32,642. The Commission approved the renewal coverage with Great West Life and Annuity Insurance Company for 2010. The 2010 Furniture and Fixtures Request for the Indianapolis Offices and the Washington, D.C. Office in the amount of $27,400 were approved by the Commission. We also approved emergency purchases in the amount of $11,974 that had been made since the last meeting of the Commission. The Commission approved a resolution authorizing The American Legion to dispose of the Founding Fathers Exhibit in full if possible, or in segments if necessary, to a reputable organization or agency as determined by the National Commander for their use at no cost to The American Legion, and that lacking interest by others, the Founding Fathers display will be disposed of at the end of calendar year 2009 by the most economical and efficient means possible as determined by the National Commander. The Commission authorized The American Legion to approve a one-time, one-off amendment of the prototype plan for The American Legion’s 401(k) Plan, which will allow the six month waiting period to be waived for the group of employees hired due to the dissolution of HPC and for this group of employees only, thereby allowing this group of employees to become immediate participants in the 401(k) Plan with all rights and privileges.

30 Proceedings of Wednesday, October 14, 2009 The Commission authorized The American Legion to approve an amendment of the prototype plan for The American Legion’s 401(k) Plan to revert the plan year back to a calendar year, effective January 1, 2009. The Commission authorized The American Legion to establish a 501(c)3 organization, trust or corporation, whichever is most appropriate, to be known as The American Legion Charities, to solicit funds from individuals, organizations and corporations and to disburse said funds as may be directed to various Legion programs and charities and that the cost of drafting, filing and IRS user fee shall not exceed $10,000. The Commission authorized The American Legion to negotiate an agreement by and between Sears Holding Management Corp., and The American Legion, to raise funds to be used in the area of veterans employment and/or other Legion programs. The Commission authorized The American Legion to enter into an agreement with Creative Street Entertainment for the production of ten one minute stories that will be cablecast via the Military Channel twice daily for 12 months at a cost not to exceed $110,000. The Commission approved a resolution authorizing The American Legion to acquire at a purchase price not to exceed $428,100 for necessary hardware, software and installation services to improve the reliability of and to meet the present and foreseeable capacity needs of the national headquarters computer environment. The Commission authorized the national treasurer to withdraw from the Paid-Up- For-Life Membership Trust the amount of $400,161 which is 1.5 percent of the principal as of August 31, 2009, for administrative costs. The Commission approved a resolution rescinding Resolution No. 24. The Commission approved a change in travel reimbursement for call-ins in the interest of providing equitable reimbursement regardless of the mode of transportation. An accompanying resolution will be submitted for your approval. The Commission approved a resolution authorizing The American Legion to enter into a one year agreement with McGlinn & Associates, Nokesvile, Virginia, for the use of their resources in the preparation of the 60th edition of The American Legion’s financial aid publication NEED A LIFT?, and that the terms of said agreement will not exceed $15,000. The Commission authorized The American Legion to 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 60th edition of The American Legion’s financial aid publication NEED A LIFT?, and that The American Legion will provide The College Board one page of advertisement in the publication NEED A LIFT?, of equal value to the data provided for the college profile section of NEED A LIFT?, not to exceed $5,000. The Commission approved a resolution amending Resolution No. 9, titled American Legion Baseball Program. That The American Legion is hereby authorized to assess an annual registration fee of $25 per junior and $50 per senior American Legion Baseball team effective January 1, 2010. The Commission approved a recommendation that Crowe Horwath, LLP, Certified Public Accountants, be employed to do the audit for The American Legion’s fiscal year for 2009. The Commission approved a recommendation that the dues allocation for 2010 to be as follows: $3.00 to The American Legion Magazine; and $10.50 to the general fund. Finally, based on a membership projection of 2.4 million members, the Commission is submitting a budget for 2010 that reflects revenues of $68,868,392, and expenditures of $69,320,348 for an operating deficit of $451,956.

Proceedings of Wednesday, October 14, 2009 31 We are expecting this deficit to change to a profit or revenue positive next year and 2011, but this is the one time charge for the DMS, and once we start catching up with that we should be back on the plus side. Mr. Commander, this concludes my report.

Report: Finance Commission October 12-13, 2009 Kenneth D. Danilson, Iowa, Chairman The National Finance Commission met on October 12-13, 2009, with all members present. Also present: Daniel S. Wheeler, National Adjutant; George A. Buskirk, Jr., National Treasurer; Marty Justis, Indianapolis Executive Director; Jeffrey O. Brown, Executive Director, Marketing Services Group; Peter S. Gaytan, Washington Office Executive Director; Shawn T. Long, Finance Director; George C. Lussier, Jr. (Virginia), Chairman, NEC Liaison Committee. Reports were received from the National Adjutant; National Treasurer; National Judge Advocate; Emblem Sales Committee; American Legion Insurance Committee; Internal Affairs Commission; Membership and Post Activities Committee; National Emergency Fund; IT Division; S. A. Van Dyk Insurance Company; The American Legion Magazine Commission and the Executive Directors of the Indianapolis and Washington Offices and the Marketing Services Group. The Commission approved the charge off of 2 uncollectable accounts amounting to $32,642. The Commission approved the renewal coverage with Great-West Life and Annuity Insurance Company for 2010, and Jimmy A. Luther as Agent of Record for the health and life coverage for employees of The American Legion. The 2010 Furniture and Fixtures Requests for the Indianapolis Offices and the Washington, D. C. Office in the amount of $27,400 were approved by the Commission. The Commission approved emergency purchases in the amount of $11,974 that had been made since the last meeting of the Commission. The Commission approved a resolution and it is submitted for your approval. This resolution authorizes The American Legion to dispose of the Founding Fathers Exhibit in full if possible, or in segments if necessary, to a reputable organization or agency as determined by the National Commander for their use at no cost to The American Legion and that lacking interest by others, the Founding Fathers display will be disposed of at the end of calendar year 2009 by the most economical and efficient means possible as determined by the National Commander. The Commission authorized The American Legion to approve a one-time, one-off amendment of the prototype plan for The American Legion’s 401(k) Plan, which will allow the six month waiting period to be waived for the group of employees hired due to the dissolution of HPC and for this group of employees only, thereby allowing this group of employees to become immediate participants in the 401(k) Plan with all rights and privileges. An accompanying resolution is submitted for your approval. The Commission authorized The American Legion to approve an amendment of the prototype plan for The American Legion’s 401(k) Plan to revert the Plan Year back to a calendar year, effective January 1, 2009. An accompanying resolution is submitted for your approval. The Commission authorized The American Legion to establish a 501(c) 3 organization, trust or corporation, whichever is most appropriate, to be known as The American Legion Charities, to solicit funds from individuals, organizations and corporations and to disburse said funds as may be directed to various Legion programs

32 Proceedings of Wednesday, October 14, 2009 and charities and that the cost of drafting, filing and IRS “user fee” shall not exceed $10,000. The Commission authorized The American Legion to negotiate an agreement by and between Sears Holdings Management Corp. (SHMC) and The American Legion to raise funds to be used in the area of Veterans Employment and/or other Legion Programs. An accompanying resolution is submitted for your approval. The Commission authorized The American Legion to enter into an agreement with Creative Street Entertainment for the production of ten one-minute stories that will be cablecast via the Military Channel twice daily for 12 months at a cost not to exceed $110,000. An accompanying resolution is submitted for your approval. The Commission approved a resolution and it is submitted for your approval. This resolution authorizes The American Legion to acquire at a purchase price not to exceed $428,100, the necessary hardware, software and installation services to improve the reliability of and to meet the present and foreseeable capacity needs of the National Headquarters computer environment. The Commission authorized the National Treasurer to withdraw from the Paid-Up- For-Life Membership Trust the amount of $400,161, which is 1.5% of the principal as of August 31, 2009, for administrative costs. An accompanying resolution is submitted for your approval. The Commission approved a resolution and it is submitted for your approval. This resolution rescinds Resolution No. 24 (NEC, October 1990) titled “Rescinding of Res. 24 NEC Oct. 1990—Change of Policy for Call-Ins—1990.” The Commission approved a change in travel reimbursement for call-ins in the interest of providing equitable reimbursement regardless of the mode of transportation chosen. An accompanying resolution is submitted for your approval. The Commission approved a resolution and it is submitted for your approval. This resolution authorizes The American Legion to enter into a one-year agreement with McGlinn & Associates, Nokesville, Virginia, for the use of their resources in the preparation of the 60th edition of The American Legion’s financial aid publication NEED A LIFT?, and that the terms of said agreement will not exceed $15,000. The Commission authorized The American Legion to 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 60th edition of The American Legion’s financial aid publication NEED A LIFT? , and that The American Legion will provide The College Board one page of advertisement in the publication NEED A LIFT? of equal value to the data provided for the college profile section of NEED A LIFT?, not to exceed $5,000. An accompanying resolution is submitted for your approval. The Commission approved a resolution and it is submitted for your approval. This resolution amends Resolution No. 9 titled American Legion Baseball Program (NEC, May 2009), to read “…That The American Legion is hereby authorized to assess an annual registration fee of $25.00 per Junior and $50.00 per Senior American Legion Baseball team effective January 1, 2010…”. The Commission approved a recommendation that Crowe Horwath LLP, Certified Public Accountants, be employed to do the audit for the American Legion’s fiscal year for 2009. The Commission approved a recommendation that the dues allocation for 2010 be as follows: $3.00 to The American Legion Magazine; $10.50 to the General Fund. Based on a membership of 2,400,000, the Commission is submitting a budget for 2010 that reflects revenues of $68,868,392 and expenditures of 69,320,348 for an operating deficit of $451,956. Nineteen (19) Resolutions were recommended for approval and adoption by the National Executive Committee:

Proceedings of Wednesday, October 14, 2009 33

Resolution No. 2: “The American Legion Charities” Resolution No. 3: “Authorization to enter into an agreement with Creative Street Entertainment for production and placement of video materials to promote The American Legion on the Military Channel” Resolution No. 4: “One Time Amendment of The American Legion Salary Savings Plan (401(k) Plan) for Haynes & Partners, Inc. Consolidation” Resolution No. 5: “Amendment of The American Legion Salary Savings Plan (401(k) Plan) to Revert Plan Year Back to Calendar Year” Resolution No. 6: “Authorization for Sears Holdings Management Corp. and The American Legion Fundraising Initiative” Resolution No. 7: “Uniformed Groups Participation at the National Convention of The American Legion” ($38,000) Resolution No. 8: “Agreement with the National Veterans Legal Services Program” Resolution No. 9: “2010 Enhancements to NHQ Computer Environment” Resolution No. 10: “Use of The American Legion Life Insurance Fund Account for Scholarship Awards to The American Legion Eagle Scout of The Year Program in 2010” ($17,500) Resolution No. 11: “Use of The American Legion Life Insurance Fund Account for Assistance in the Furtherance of The American Legion Baseball Program—2010” ($553,190) Resolution No. 12: “Use of The American Legion Life Insurance Fund Account for Assistance in the Furtherance of The American Legion High School Oratorical Scholarship Program—A Constitutional Speech Contest—2010” ($314,729) Resolution No. 13: “Use of The American Legion Life Insurance Fund Account for Assistance in the Furtherance of The American Legion Boys Nation Program— 2010” ($195,410) Resolution No. 14: “Disposal of the Founding Fathers Exhibit” Resolution No. 15: “Authorizing Withdrawal from Paid-Up-For Life Membership Trust for Administrative Expenses” Resolution No. 16: Amendment to Resolution No. 9—“The American Legion Baseball Program” Resolution No. 17: “Travel Policy for Call-Ins” Resolution No. 18: “Rescinding of Res. 24 NEC Oct. 1990—Change of Policy for Call- Ins—1990” Resolution No. 19: “NEED A LIFT? Agreement Resolution No. 20: “The College Board License Agreement”

Addendum A: Resolution Not Approved Hold for Further Study Resolution No. 45 (CA) (2009 NC): Transparency in Operations

Report: Insurance Committee August 22, 2009 Kevin Bartlett, Michigan, Chairman (Submitted through the National Finance Commission) The Insurance committee met at the Galt House Hotel, In Louisville Kentucky on August 22nd. The following members were present: Kenneth Governor (New York), Vice Chairman; Kenneth Powell (Florida); Clark Pointer (Missouri); James Holland (South

34 Proceedings of Wednesday, October 14, 2009 Carolina); Robert Lahiere (Tennessee); Anthony Riley (Indiana); Max Julian (Indiana); Paul Dillard (Texas); Albert Coughlin (Illinois); Neal Zimmer (Nebraska); and G. Paul Dunn (Oklahoma), Benefits Administrator The Committee heard reports from Gallagher Benefits Services, and the Staff Liaison.

Union Fidelity Union Fidelity (UFI) reports annualized premiums of $13,259,486.00 to date compared to $14,714,268.00 in October of 2008. The 2009 royalty received thus far is $510,145.00 compared to a 2008 figure $364,619.00 in part as a result of the revenue enhancement. Currently, claims paid for 2009 total $5,766,907.00 which is down over last year’s figure of $7,766,764.00. We will continue to monitor claims closely. The total number of policies for Union Fidelity Insurance plans is 68,009 (72,556 in 2008).

Mutual of Omaha Mutual of Omaha dropped a 900,000 piece mailing in June offering the Guarantee Issue Senior Whole Life plan. To date, they have received over $660,000 in new premium with a conversion/ paid rate of 92% of responses. Another mailing dropped on October 12th.

Resolutions The Committee heard a presentation from Michael E. Walton, National Convention Chairman accompanied by Richard Holmes, Convention Director and Joe Caouette, National Americanism Chairman, accompanied by William Pease, Americanism/ Children & Youth Director, requesting Life insurance Funds. The following resolutions were unanimously approved by the Committee

Program Amount American Legion Baseball $553,190.00 American Legion Boys Nation $195,410.00 Boy Scout of the Year $17,500.00 National High School Oratorical Contest $314,729.00 Junior Uniform Groups $38,00.00 Total amount requested $1,118,829.00

It was announced that after 29 years with The American Legion, many of which was served as liaison for the Insurance Committee, G. Paul Dunn would be retiring on 9/30/2009. The committee unanimously thanked Paul for his service.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, I move the report be approved with the exception of 19 resolutions and one addendum. …Second NATIONAL COMMANDER HILL: There is a motion and a second to approve the report with the exception of the resolutions. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 2: The American Legion Charities Origin: Finance Commission Submitted by: Finance Commission WHEREAS, The American Legion has a long history of supporting programs that are charitable and charities themselves; and

Proceedings of Wednesday, October 14, 2009 35 WHEREAS, The raising of funds for such charities is much easier when the donations are to a section 501(c)3 organization because all the lawyers that advise donors know what a 501(c)3 is and most do not know what a 501(c)19 organization is; and WHEREAS, Many organizations, charities and corporations will not contribute to an organization that lobbies; and WHEREAS, A summary of all the legal and tax rules applicable means 501(c)3 organizations may not lobby; and WHEREAS, This resolution has been reviewed and approved by the National Finance Commission and recommended to the National Executive Committee; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion establish a 501(c) 3 organization, trust or corporation, whichever is most appropriate, to be known as The American Legion Charities, to solicit funds from individuals, organizations and corporations and to disburse said funds as may be directed to various Legion programs and charities; and, be it further RESOLVED, That the cost of drafting, filing and IRS “user fees” shall not exceed $10,000.00; and, be it finally RESOLVED, That after legal review by the National Judge Advocate, the National Commander be and is hereby authorized and directed to execute all documents necessary to establish The American Legion Charities, and the National Adjutant be and is hereby authorized and directed to attest the same.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of your National Finance Commission, your Resolution Subcommittee, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 3: Authorization To Enter Into An Agreement With Creative Street Media Group For Production And Placement Of Video Materials To Promote The American Legion On The Military Channel Origin: Finance Commission Submitted by: Finance Commission WHEREAS, The Military Channel is exploring ways to pay tribute to members of the armed forces who have returned from military service in the War on Terrorism; and WHEREAS, Creative Street Media Group has proposed that The American Legion act as a primary underwriter for the production of “American Heroes,” a campaign consisting of ten one-minute hero stories that will focus on ten individuals and be cablecast nationally on the Military Channel; and WHEREAS, These one-minute stories give opportunity to advance the name of The American Legion and direct viewers to information and services provided by the Legion in a format tantamount to electronic advertising; and WHEREAS, Preliminary discussions with Creative Street Media Group reveal that such “advertising” can and would be scheduled at least twice daily for a period of 12 months; and WHEREAS, This venture offers opportunity to display the Legion’s appreciation for the freedoms America enjoys because of the sacrifices American heroes have made; and WHEREAS, The proposal from Creative Street Media Group has been reviewed by the Finance Commission and is favorably recommended to the National Executive Committee; now, therefore, be it

36 Proceedings of Wednesday, October 14, 2009 RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion be authorized to enter into an agreement with Creative Street Media Group for the production of ten one-minute stories that will be cablecast via the Military Channel at least twice daily for 12 months; and, be it further RESOLVED, That the expense of funding the production, placement and scheduling of the ten one-minute stories by Creative Street Media Group with the Military Channel, as set out above, shall not exceed $110,000; and, be it further RESOLVED, That The American Legion shall be consulted on story content, participate in the selection of the individuals to be featured, and have final approval of all copy before any such stories are issued; 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 other necessary documents, 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 National Finance Commission, the Subcommittee on Resolutions, therefore I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 4: One Time Amendment Of The American Legion Salary Savings Plan (401(k) Plan) For Haynes & Partners, Inc. Consolidation Origin: Finance Commission Submitted by: Finance Commission WHEREAS, The National Executive Committee, in its meeting on May 6-7, 2009, approved the dissolution of Haynes Partners Communication (HPC); and WHEREAS, That dissolution necessarily results in dismissing current HPC employees, some of whom will be hired by The American Legion, and who may have several years of employment with the organization; and WHEREAS, The HPC Board of Directors has requested special dispensation to allow those employees hired by The American Legion to immediately become participants in The American Legion’s Employee Salary Savings Plan (401(k) Plan), thereby, requesting that the six-month waiting period be waived; and WHEREAS, National Finance Commission had reviewed this request, agrees with it and recommends it to the National Executive Committee; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion approve a one-time, one-off amendment of the prototype plan for The American Legion’s 401(k) Plan, which will allow the six month waiting period to be waived for the group of employees hired due to the dissolution of HPC and for this group of employees only, thereby allowing this group of employees to become immediate participants in the 401(k) Plan with all rights and privileges.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of the Finance Commission, the Subcommittee on Resolutions, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Proceedings of Wednesday, October 14, 2009 37 Resolution No. 5: Amendment Of The American Legion Salary Savings Plan (401(k) Plan) To Revert Plan Year Back To Calendar Year Origin: Finance Commission Submitted by: Finance Commission WHEREAS, The National Executive Committee, in its meeting during May 2008, approved the adoption of a Qualified Automatic Contribution Arrangement (QACA) for The American Legion Salary Savings Plan (Plan); and WHEREAS, That adoption necessitated amending the Plan to change the Plan Year to an non-calendar plan year in order to start the related employer contributions on July 1, 2008, the beginning of the new Plan Year following the amendment; and WHEREAS, Reverting the Plan back to a calendar year will simplify everything from recordkeeping and payroll reporting to external audit timing; and WHEREAS, The only cost involved with amending the Plan to revert back to a calendar Plan Year would be for the processing of a short-year 5500 filing for the period from July 1, 2009 through December 31, 2009; and WHEREAS, This resolution has been reviewed and approved by the National Finance Commission and recommended to the National Executive Committee; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion approve an amendment of the prototype plan for The American Legion’s 401(k) Plan to revert the Plan Year back to a calendar year, effective January 1, 2010.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of your Finance Commission, your Resolutions Subcommittee, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 6: Authorization For Sears Holdings Management Corp. And The American Legion Fundraising Initiative Origin: Finance Commission Submitted by: Finance Commission WHEREAS, The American Legion has a potential opportunity with Sears Holdings Management Corp. (SHMC), who may solicit the public for donations for The American Legion Veterans Employment programs and other programs of The American Legion; and WHEREAS, The offer may produce a significant amount of funds and allow substantial benefits for veterans; and WHEREAS, Negotiations are continuing; and WHEREAS, The National Finance Commission has reviewed this resolution and recommends it to the National Executive Committee; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion be authorized to negotiate an agreement by and between Sears Holdings Management Corp. (SHMC) and The American Legion to raise funds to be used in the area of Veterans Employment and/or other Legion Programs; and, be it further RESOLVED, That SHMC may solicit donations to The American Legion for programs as authorized by the National Commander or the National Adjutant, if the National Commander so designates; and, be it finally

38 Proceedings of Wednesday, October 14, 2009 RESOLVED, That the National Commander, after review and approval by the National Judge Advocate, be and is hereby authorized and directed to execute the said agreement and the National Adjutant be and is hereby authorized to direct and attest the same.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of your Finance Commission, your Resolution Subcommittee, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 7: Uniformed Groups Participation At The National Convention Of The American Legion Origin: National Convention Commission Submitted by: Finance Commission WHEREAS, The major objectives of The American Legion Uniformed Groups are: to inculcate in our American youth a better understanding of the American way of life and 100 percent Americanism; to instill in youth a sincere desire to develop within themselves a feeling of citizenship, sportsmanship, loyalty, responsibility and team spirit; to aid in the improvement and development of maturity of our country’s young people; and to build for our nation’s future through our youth; and WHEREAS, It is the desire of The American Legion Insurance Committee and The National Finance Commission to improve and increase participation in the Uniformed Groups Program; and WHEREAS, By action of the National Executive Committee of The American Legion in a regular meeting assembled in Indianapolis, Indiana on October 13-14, 1999, The American Legion authorized the expenditure of $30,000.00 annually, and increased the funding request in 2006 to $38,000.00, for the purpose of supporting, promoting, improving and increasing participation in the Uniformed Groups Program of the National Convention Commission; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion does hereby authorize the expenditure of $38,000.00 in 2010 for participation of Uniformed Groups at the National Convention; and, be it finally RESOLVED, That the funding shall be secured from those funds representing the excess over the basic minimum reserve fund accumulated and retained in The American Legion Insurance Fund account.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of the Convention Commission, Insurance Committee, the Finance Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 8: Agreement With The National Veterans Legal Services Program (NVLSP) 2009-2010 Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Finance Commission

Proceedings of Wednesday, October 14, 2009 39 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 14-15, 2009, That The American Legion enter into an agreement, contract, or memorandum of understanding with the National Veterans Legal Services Program (NVLSP) to provide The American Legion court representation on cases of precedential nature, at least two (2) national training sessions annually for Department Service Officers and others, participation in The American Legion/NVLSP Law Internship Program, updates and revisions of printed matter, appropriate copies of advocacy journals as well as research services and other services as set forth in the contract; and, be it further RESOLVED, That the costs for such services shall not exceed Four Hundred Sixty Five Thousand and Zero Dollars and 00/100 ($465,000); 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, the Subcommittee on Resolutions, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 9: 2010 Enhancements To NHQ Computer Environment Origin: Finance Commission Submitted by: Finance Commission WHEREAS, Many job functions and communications within the National Headquarters rely heavily on electronic equipment and computerization; and WHEREAS, The technology related to the equipment used in performing these functions changes at a very rapid rate, forcing replacement every three to seven 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 14-15, 2009, That The American Legion National Headquarters acquire at a purchase price not to exceed $428,100

40 Proceedings of Wednesday, October 14, 2009 (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 negotiate and enter into appropriate maintenance and support 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.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of your National Finance Commission, your Resolutions Subcommittee, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 10: Use Of The American Legion Life Insurance Fund Account For Scholarship Awards To The American Legion Eagle Scout Of The Year Program In 2010 Origin: Americanism Commission Submitted by: Finance Commission WHEREAS, Resolution No. 24, NEC, October 13-14, 1982, authorized an annual scholarship of $2,500 to be awarded to The American Legion Scout of the Year; and WHEREAS, Resolution No. 16, NEC, October 12-13, 1983, authorized The American Legion Scout of the Year Award to be increased to a $2,000 per year scholarship for a period up to four years, not to exceed a total of $8,000; and WHEREAS, Resolution No. 13, NEC, October 18-19, 1989, authorized The American Legion Eagle Scout of the Year Award to be extended to three runners-up annually, with a scholarship award of $2,000 for each runner-up; and WHEREAS, Resolution No. 8, NEC, October 18-19, 2000, authorized The American Legion Eagle Scout of The Year Award to be increased to a $2,500 per year scholarship for a period of up to four years, not to exceed a total of $10,000, and also authorized The American Legion Eagle Scout of The Year Award extended to three runners-up annually to be increased to a $2,500 scholarship for each runner-up; and WHEREAS, It is the desire of the National Americanism Commission, The American Legion Insurance Committee and the National Finance Commission to continue these awards by providing monies for the 2010 American Legion Eagle Scout of the Year Scholarship, totaling $17,500; and WHEREAS, In order to maintain this scholarship program, The American Legion Insurance Committee and the National Finance Commission recommend that this program be financed out of those funds representing an excess over the basic minimum reserve fund accumulated and retained by The American Legion Life Insurance Fund; and WHEREAS, It is the considered opinion of The American Legion Insurance Committee and the National Finance Commission that the sum of $17,500 would suffice for the purpose noted in the Whereas Clause next preceding; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion Eagle Scout of the Year Award for 2010 consist of a $2,500

Proceedings of Wednesday, October 14, 2009 41 per year scholarship for a period of up to four years, not to exceed a total of $10,000; and, be it further RESOLVED, That The American Legion Eagle Scout of the Year Award extended to three runners-up for 2010 consist of a $2,500 scholarship for each runner-up; and, be it finally RESOLVED, That The American Legion does hereby authorize funds from The American Legion Life Insurance Fund account to provide the sum of $17,500 for the purpose of supporting, promoting, improving and increasing participation in The 2010 American Legion Eagle Scout of the Year Program, the funding of which amount shall be secured from those funds representing the excess over the basic minimum reserve fund accumulated and retained in The American Legion Life Insurance Fund account.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of your National Americanism Commission, your American Legion Insurance Committee, the National Finance Commission, and your Subcommittee on Resolutions, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 11: Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion Baseball Program— 2010 Origin: Americanism Commission Submitted by: Finance Commission WHEREAS, The major objectives of The American Legion Baseball program are to inculcate in American youth a better understanding of the American Way of life and 100 percent Americanism; to instill in all boys a sincere desire to develop within themselves a feeling of citizenship, sportsmanship, loyalty and team spirit; to aid the development and improvement in the physical fitness of our country's young men; and to build for our Nation's future through our youth; and WHEREAS, The effort to sustain this high visibility program requires continued promotion to substantially increase the number of youth who would participate within each Department of The American Legion; and WHEREAS, It is the desire of The Americanism Commission, The American Legion Insurance Committee and the National Finance Commission to improve and increase participation in The American Legion Baseball program, for which the sum of $553,190 is required for 2010; and WHEREAS, In order to achieve the desired improvement and increased participation in The American Legion Baseball Program, The American Legion Insurance Committee and the National Finance Commission recommend that a portion of the expenditures for the 2010 program be financed out of those funds representing an excess over the basic minimum reserve fund accumulated and retained in The American Legion Life Insurance Fund; and WHEREAS, It is the considered opinion of The American Legion Insurance Committee and the National Finance Commission that the sum of $553,190 would suffice for the purpose noted in the Whereas Clause next preceding; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion does hereby authorize funds from The American Legion Life Insurance Fund account to provide the sum of $553,190 for the purpose of supporting, promoting, improving and increasing participation in The 2010

42 Proceedings of Wednesday, October 14, 2009 American Legion Baseball Program, the funding of which amount shall be secured from those funds representing the excess over the basic minimum reserve fund accumulated and retained in The American Legion Life Insurance Fund account.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of the National Americanism Commission, the Insurance Committee, the National Finance Commission and the Subcommittee on Resolutions, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: A motion and a second. Any discussion? PAST NATIONAL COMMANDER COMER: Mr. Commander, on the baseball account, I’m not sure you can answer this question, we may have to put this on hold and delay it until the Americanism Commission is here, but does the scholarship that’s presented to each department which is now reduced to $500 for the original thousand, does that scholarship money come out of that 553,000? NATIONAL COMMANDER HILL: No. It comes out of the separate trust. The Buick Trust. The Buick Scholarship Fund. NATIONAL COMMANDER COMER: Thank you. NATIONAL COMMANDER HILL: Yes, sir. Any other discussion? All in favor? Opposed? Motion carries.

Resolution No. 12: Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion High School Oratorical Scholarship Program—“A Constitutional Speech Contest”—2010 Origin: Americanism Commission Submitted by: Finance Commission WHEREAS, The Americanism Commission desires to improve the quality and promote increased participation by American Legion Departments in The American Legion High School Oratorical Scholarship Program—“A Constitutional Speech Contest” by providing greater incentives for the local Post and Districts to increase their participation; and WHEREAS, Administrative expenses including, but not limited to, transportation, housing and per diem for the Department Chairmen at the Oratorical Conference requires the sum of $38,859 for the year 2010; and WHEREAS, National Scholarship awards totaling $138,000, (to include $81,000 at the First Round of competition; $9,000 at the Second Round of competition and $48,000 at the National Finals), and expected costs of The American Legion High School Oratorical Scholarship Program—“A Constitutional Speech Contest” for food, housing and transportation requires the sum of $128,935 combined with the administrative expenses of $8,935 and Department Chairman’s Conference expenses of $38,859 requires a total sum of $314,729 to support The American Legion High School Oratorical Scholarship Program—“A Constitutional Speech Contest” for 2010; and WHEREAS, It is the desire of The Americanism Commission, The American Legion Insurance Committee and the National Finance Commission to improve the quality and increase participation by Posts, Districts and Departments in The American Legion High School Oratorical Scholarship Program - “A Constitutional Speech Contest”; and funds representing the excess over the basic minimum reserve fund accumulated and retained in The American Legion Life Insurance Fund account; and WHEREAS, In order to achieve the desired quality and increase participation in The American Legion High School Oratorical Scholarship Program—“A Constitutional Speech Contest”, The American Legion Insurance Committee and the National Finance Commission recommend that this program be financed out of those funds representing an

Proceedings of Wednesday, October 14, 2009 43 excess over the basic minimum reserve fund accumulated and retained by The American Legion Life Insurance Fund; and WHEREAS, It is the considered opinion of The American Legion Insurance Committee and the National Finance Commission that the sum of $314,729 would suffice for the purpose noted in the Whereas Clause next preceding; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion does hereby authorize funds from The American Legion Life Insurance Fund account to provide the sum of $314,729 for the purpose of supporting, promoting, improving and increasing participation in The 2010 American Legion High School Oratorical Scholarship Program—“A Constitutional Speech Contest”, the funding of which amount shall be secured from those funds representing an excess over the basic minimum reserve fund accumulated and retained in The American Legion Life Insurance Fund account.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of the Americanism Commission, the American Legion Insurance Committee, the National Finance Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 13: Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion Boys Nation Program—2010 Origin: Americanism Commission Submitted by: Finance Commission WHEREAS, The major objectives of The American Legion Boys Nation Program are to inculcate in our American youth a better understanding of the American way of life and 100 percent Americanism; to instill in all boys a sincere desire to develop within themselves a feeling of citizenship, loyalty and responsibility; to aid the development and improvement of our democratic way of life for our country’s young men; and to build for our Nation's future through our youth; and WHEREAS, Promoting and conducting American Legion Boys Nation requires expenditures to maintain the high quality of the program offered to the youth who represent each Department of The American Legion; and WHEREAS, It is the desire of The Americanism Commission, The American Legion Insurance Committee and the National Finance Commission to continue this high quality Americanism program for which the sum of $195,410 is required for 2010; and WHEREAS, In order to achieve the desired quality in the Boys Nation program, The American Legion Insurance Committee and the National Finance Commission recommend that the 2010 program be financed out of those funds representing an excess over the basic minimum reserve fund accumulated and retained in The American Legion Life Insurance Fund; and WHEREAS, It is the considered opinion of The American Legion Insurance Committee and the National Finance Commission that the sum of $195,410 would suffice for the purpose noted in the Whereas Clause next preceding; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion does hereby authorize funds from The American Legion Life Insurance Fund account to provide the sum of $195,410 for the purpose of supporting, promoting, improving and increasing participation in The 2010

44 Proceedings of Wednesday, October 14, 2009 American Legion Boys Nation program, the funding of which amount shall be secured from those funds representing the excess over the basic minimum reserve fund accumulated and retained in The American Legion Life Insurance Fund account.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of the Americanism Commission, the Insurance Committee, the Finance Commission and your Subcommittee on Resolutions, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 14: Disposal of the Founding Fathers Exhibit Origin: Finance Commission Submitted by: Finance Commission WHEREAS, Resolution No. 25, NEC, May, 1991, authorized The American Legion to accept from Messmore & Damon, Inc. of New York City, a theatrical scenery and properties business a Founding Fathers Exhibit which, through sight and sound, demonstrated scenes from the founding of the United States; and WHEREAS, The exhibit consists of: 1. One gilded American eagle, 3 feet high 2. A diorama featuring the debating of the Constitution, 22 feet wide 3. A diorama featuring the drafting of the Declaration of Independence, 8 feet wide 4. A series of 8 panels featuring prints of the Founding Fathers 5. Three over-sized color prints of historic scenes, 10 feet by 6 feet 6. A collection of flags representing a selection of those flown during the colonial period, 3 feet by 5 feet 7. A set of 5 panels of reproductions of historical documents 8. A set of 3 wooden structure signs 9. A reproduction of the original United States seal; and WHEREAS, In 1991 the miscellaneous costs for refurbishing, transportation, insurance and installation were approximately $25,000; and WHEREAS, The exhibit was on display and open to the public as part of the Emil A. Blackmore Museum from 1991 through 2003 and has been in storage since the renovation of the museum in 2004; and WHEREAS, A 2003 professional appraisal found that the need for additional restoration and the inoperable condition of many of its components reduced the exhibit’s value more than 80 percent; and WHEREAS, Slight interest in portions of the exhibit has been expressed by only one of several major museums and history-minded organizations contacted in the previous six months; and WHEREAS, There are no plans to display this exhibit in the future; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion dispose of the Founding Fathers Exhibit in full if possible, or in segments if necessary, to a reputable organization or agency as determined by the National Commander for their use at no cost to The American Legion; and, be it finally

Proceedings of Wednesday, October 14, 2009 45 RESOLVED, That lacking interest by others, then at the end of calendar year 2009, the Founding Fathers display shall be disposed of by the most economical and efficient means possible as determined by the National Commander.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of the National Finance Commission, your Subcommittee on Resolutions, therefore, I will move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 15: 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, 2009, the principal of the Trust was $25,677,432 and 1.5% of principal is $400,161.00, now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, that the National Treasurer is authorized to withdraw from the Paid-Up-For-Life Membership Trust the amount of $400,161.00, which is 1.5% of the principal as of August 31, 2009, 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, 2010.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of the Internal Affairs Commission, the Finance Commission, the Subcommittee on Resolutions, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 16: Amendment To Resolution No. 9—“The American Legion Baseball Program” Origin: Americanism Commission Submitted by: Finance Commission WHEREAS, American Legion Baseball was organized in 1925 to teach practical lessons in sportsmanship and citizenship by emphasizing such qualities as loyalty, respect for the rules, fair play, courage and physical fitness; and WHEREAS, While The American Legion Baseball program is sound at its core, with the changing financial and social climates, it is to the benefit of The American Legion to closely examine policies and practices so as to ensure continued growth, accessibility and affordability of American Legion Baseball for both participants and spectators; and

46 Proceedings of Wednesday, October 14, 2009 WHEREAS, With the exception of national tournament play, the Junior American Legion Baseball teams receive the same benefits as Senior American Legion Baseball teams to include: rule books, printed national forms, promotional brochures, access to the national insurance program, access to the national website, access to promote their junior invitational tournaments, and that this support for the Junior program accounts for thirty percent (30%) of the baseball operating budget; and WHEREAS, Since The American Legion Baseball program does not provide national tournaments for the Junior American Legion Baseball teams, as they do for the Senior American Legion Baseball teams, the national registration fees assessed for Junior American Legion Baseball teams should be less than registration fees for the Senior American Legion Baseball teams; and WHEREAS, This resolution has been reviewed by the National Americanism Commission and with concurrence from the National Finance Commission is recommended to the National Executive Committee for favorable action; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That the first Resolved Clause of Res. 9, NEC May 2009 is amended to read: “…That The American Legion is hereby authorized to assess an annual registration fee of $25.00 per Junior and $50.00 per Senior American Legion Baseball team effective January 1, 2010…”

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of the Americanism Commission, National Finance Commission, Subcommittee on Resolutions, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: We have a motion and a second. Any discussion? Yes, sir. PAST NATIONAL COMMANDER COMER: Comrade Commander, on behalf of the Department of Massachusetts we came into Indianapolis on this resolution with fire in our bellies, but the Finance Commission and the Americanism Commission worked long and hard with North Carolina, Minnesota and Massachusetts to come to a resolve and they certainly did, and I want on the record to offer my thanks for all the work done on this resolution so we can go home happy, a little bit anyway. (Laughter) NATIONAL COMMANDER HILL: Any other discussion? All in favor? Opposed? Motion carries.

Resolution No. 17: 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 authorized 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; and WHEREAS, The National Commander and National Adjutant may designate authorized travel as reimbursable as national staff travel; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion, in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That

Proceedings of Wednesday, October 14, 2009 47 effective January 1, 2010, authorized reimbursement for official call-ins shall be as follows: 1) If travel is accomplished by air or train reimbursement shall be a. Cost of round trip airline or train ticket, not to exceed coach fare, from point of departure to destination (airline or train ticket or copy of same 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 per mile for one round trip from home to point of departure and back c. Reimbursement of baggage fees not to exceed amount established by the Finance Commission d. Payment of one round trip cab/limo in the meeting city at the established rate for reimbursement from airport or train station to meeting location 2) If travel is accomplished by automobile reimbursement shall be a. Reimbursement shall be the lesser of: i. Mileage at a rate established by the Finance Commission (current rate 48.5 cents) per mile round trip from point of departure to destination, or ii. The average nonrefundable coach airfare available 30 days prior to date of meeting from nearest major airport, plus round trip mileage from home to said airport at a rate established by the Finance Commission, and one round trip cab/limo in the meeting city at the established rate; 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. $175.00 for Legislative (Commander’s Testimony) held in Washington, DC ii. $150.00 for other meetings held in Washington, DC iii. $120.00 for the National Convention city and iv. $100.00 for all other cities 4) And each call-in shall be paid an additional per diem of $50 dollars a day for 2 days of travel allowed per meeting, subject to redetermination by the National Executive Committee as circumstances from time to time warrant.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of the National Finance Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 18: Rescinding Of Res. 24 NEC Oct. 1990—Change Of Policy For Call-Ins—1990 Origin: Finance Commission Submitted by: Finance Commission WHEREAS, Travel industry practices have changed causing the elimination of super-saver fees; and

48 Proceedings of Wednesday, October 14, 2009 WHEREAS, Application of resolution 24 NEC October 1990 causes inequitable treatment for travel by automobile; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That resolution 24 of the National Executive Committee of October 17-18, 1990, is hereby rescinded.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of your National Finance Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 19: 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 publication NEED A LIFT? for the 59th 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 60th 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 14-15, 2009, 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 60th edition of The American Legion’s financial aid publication 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 the Americanism Commission, the Finance Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Proceedings of Wednesday, October 14, 2009 49 Resolution No. 20: 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 59th 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 60th 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 14-15, 2009, 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 60th edition of The American Legion’s financial aid publication NEED A LIFT?; and, be it further RESOLVED, That The American Legion will provide The College Board one page of advertisement in the publication 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.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This has the approval of the Americanism Commission, the Finance Commission, the Subcommittee on Resolutions, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Attached to this report is Addendum A. I move that the action of the National Finance Commission become the action of the National Executive Committee. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. Thank you, Dave. Thank you, Ken, good report. We’ll now hear from The American Legion National Convention Corporation of Kentucky, Silas Noel, president.

Oral Report: National Convention Corporation of Kentucky Silas M. Noel, President Mr. Commander, members of the NEC and guests. I would like to report on the 91st Convention. However, I want to make an apology first. I would like to apologize for the National Commander’s Dinner. I didn’t do the menu, somebody else did, but anyway, I apologize for such bad food. I would also like to introduce two of my officers, Vice President Randy Coffman. And treasurer, Randy Fisher. The two Randys. (Applause) Also I would like to thank Dick Holmes, Bridget and their crew and Mike for all the assistance and what it took to put the Convention together. Also we had a hotel that

50 Proceedings of Wednesday, October 14, 2009 closed down and had six departments in there, and Dick Holmes was able to spread those people all around and it was like the hotel was never there in the beginning. But it sure did cost a lot of bucks to bus them other places. But the financial part of it has not been settled yet. We still got money coming in, some going out, so at the May Meeting we’ll give you the final financial report of the 91st Convention. And we certainly thank you for allowing Kentucky to host it, and we’ll invite you back, and you all come soon. Thank you. (Applause) RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: I move the report be received and filed. …Second NATIONAL COMMANDER HILL: There is a motion and a second to receive and file the report. Any discussion? All in favor. Opposed. Motion carries. NATIONAL COMMANDER HILL: Convention Commission, Mike Walton.

Oral Report: National Convention Commission Michael E. Walton, Illinois, Chairman Good morning Commander Clarence and members of the NEC. Silas is kind of a tough act to follow, so I’ll do the best I can. Although our written report is in your packet, I would like to touch on some highlights of our meetings that we conducted. Before you are resolutions seeking the 2016 National Convention as follows: Number 18 from the Department of Colorado, for Denver. Number 77 from the Department of the Washington, for Seattle, and number 2630 from the Department of Utah, for Salt Lake City. The Convention Commission received and recorded those resolutions. Also for your information, we have received inquiries for 2016 from Oklahoma City, Oklahoma, and Virginia Beach, Virginia. You just heard from Silas, he gave a preliminary report of our 91st Convention in Louisville, and his final report will be presented at our May Meetings. Mr. Noel and the members of the Convention Corporation of Kentucky, we thank them for their hard work and that outstanding convention that was held in Louisville. Wayne Jensen, the President of the 2010 National Convention Committee, gave a report regarding the Milwaukee Convention which is August 27th through September 2nd, 2010. We believe that everything is shaping up quite well for that 92nd National Convention. We have two requests to host the 2015 National Convention. One from Baltimore, Maryland, and one from Chicago, Illinois. The Atlanta, Georgia Convention and Visitors Bureau withdrew their bid recently, so we will be conducting those site visits on those two cities sometime after the first of January. David Priester was reappointed as our Chief Judge of Contests, and also made recommendations on some improvements that we’re going to make to both the band and color guard contests, and these were unanimously approved by our Commission. Commander, that concludes my report. And I would like to thank you for allowing me to serve. NATIONAL COMMANDER HILL: You’re welcome.

Report: National Convention Commission Michael E. Walton, Illinois, Chairman Chairman Michael E. Walton, Illinois, at 9:00AM, October 12, 2009, called the meeting to order. Roll call was taken with all members either excused or present.

Proceedings of Wednesday, October 14, 2009 51 Items Requiring NEC Action Resolution No. 18 (National Convention)—submitted by the Department of Colorado supporting a bid for the 2016 National Convention from the city of Denver, Colorado. Received and recorded. Resolution No. 77 (National Convention)—submitted by the Department of Washington supporting a bid for the 2016 National Convention from the city of Seattle, Washington. Received and recorded. Resolution No. 2630—submitted by the Department of Utah supporting a bid for the 2016 National Convention from the city of Salt Lake City, Utah. Received and recorded. Silas Noel, President, The American Legion National Convention Corporation of Kentucky, Inc., gave a preliminary report on the 2009 National Convention in Louisville, Kentucky. Mr. Noel thanked the National Convention Commission for their support and reported that, in his opinion, the 2009 National Convention appeared, overall, to be a success. He reported that all known invoices had been received and paid and that registration income had been received. Three of the convention hotels had paid their rebates as of the Fall Meetings. Mr. Noel will provide a final report at the 2010 Spring Meetings. Chairman Walton thanked Mr. Noel and his Kentucky American Legion family volunteers for conducting the 2009 National Convention. Wayne Jensen, President, 2010 National Convention Committee, Inc. gave a report on the planning process for the 2010 National Convention in Milwaukee, Wisconsin August 27-September 2, 2010. Planning for the 92nd 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 Milwaukee Hilton with the Hyatt Regency Milwaukee serving as the overflow headquarters hotel. The headquarters hotel for the American Legion Auxiliary and the 8 et 40 will be the Hyatt Regency Milwaukee. Mr. Jensen informed the National Convention Commission that there were two possible parade routes; each is approximately .8 of a mile. Chairman Walton, Convention Corporation personnel, the Convention and Meeting planning staff and our convention technical companies will conduct a site visit to Milwaukee, Wisconsin November 30- December 2, 2009. Further details will be provided as they become available. Two requests for proposal to host the 2015 National Convention have been received. Baltimore, Maryland and Chicago, Illinois submitted their bid proposals on or before the September 30, 2009 deadline. Site visits to each city will be conducted during the January to April 2010 timeframe and each city will be invited to make a formal presentation to the National Convention Commission at the 2010 Spring Meeting on Monday, May 3, 2010. Members of the National Convention Commission expressed their concern with only two cities bidding on the 2015 National Convention after the Atlanta, Georgia Convention & Visitors Bureau withdrew, in writing, from the 2015 competition. Having only two cities bidding on the National Convention could reduce the competitive nature of the bidding process. A competitive bidding process is a significant benefit to American Legion Family members desiring to attend the 2015 National Convention or any future National Convention. National Convention Commission members reported on their assignments during the 2009 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. Silas Noel, President of The American Legion National Convention Corporation of Kentucky, for the support provided to the convention by The American Legion family of Kentucky. Mr. David Priester, Chief Judge of Contests recommended to the Commission that a new class, within the Concert Band Contest, be developed and unveiled for the first time at the 2010 National Convention in Milwaukee. It was recommended that the Advancing

52 Proceedings of Wednesday, October 14, 2009 and Retiring Colors Class winner, within the Color Guard Contests, beginning with the 2010 National Convention, become the National Commander’s National Championship Color Guard. These recommended courses of action in developing the rules for the new Band Contest Class and the Advancing and Retiring Colors Class were unanimously approved by the National Convention Commission. Mr. Priester is to report back to the Commission via the Convention & Meetings Office by the 2010 Spring Meetings. The National Convention Commission also appointed a Chief Judge of Contests to serve through the 2010 Fall Meetings. The Chief Judge of Contests for 2009-2010 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: Milwaukee, Wisconsin August 27-September 2, 2010 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

Addendum A: Resolutions Not Approved Received and Recorded Resolution No. 18 (CO) (2009 NC): City Of Denver Offers To Host The 2016 National Convention Resolution No. 77 (WA) (2009 NC): City Of Seattle Offers To Host The 2016 National Convention Resolution No. 2630 (UT) (DC): City Of Salt Lake City Offers To Host The 2016 National Convention

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Move the report be received and filed with the exception of one addendum. …Second. NATIONAL COMMANDER HILL: Motion to receive and file with the exception of one addendum. Any discussion? Yes, sir. PAST NATIONAL COMMANDER COMER: My comment is to you, Mike. I think in your report about the new class within the concert band contest. Would that not affect the band within my department? Would you explain more what that new class is and is there money involved? NATIONAL CONVENTION COMMISSION CHAIRMAN WALTON: It will be the same money, it will just be moved around a little bit. And I believe that would not affect your band at all. This would be for bands that are—I don’t know, I don’t want the say the caliber of your band, I don’t want to use that type of words, but it’s a way to encourage the bands. Dick, can you, I’m missing something here. PAST NATIONAL COMMANDER COMER: This is a concert band. That’s what they do. They’re a concert band. NATIONAL CONVENTION COMMISSION CHAIRMAN WALTON: This would be for ones that aren’t normally competing within the National Convention. We’re trying to increase the number of bands, and this would be to try—this would be a different class of bands that would not be to, again, to the caliber of what your band is noted for. PAST NATIONAL COMMANDER COMER: Thank you. NATIONAL CONVENTION COMMISSION CHAIRMAN WALTON: You’re welcome.

Proceedings of Wednesday, October 14, 2009 53 NATIONAL COMMANDER HILL: Any other discussion? All in favor? Opposed? Motion carries. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, attached to the Convention Commission Report is Addendum A. I move the action of the National Convention Commission become the action of the National Executive Committee. …Second. NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. Thank you, Mike. Move on to The American Legion Magazine, and a website update, Chairman, Dennis Henkemeyer, and Jeff Stoffer, Editor.

Oral Report: The American Legion Magazine Commission Dennis J. Henkemeyer, Minnesota, Chairman National Commander Hill, national officers, members of the National Executive Committee, Legionnaires one and all. You have my written report and there are no resolutions this morning from the Magazine Division to present to you. In sum, The Magazine Division is poised to return a surplus of nearly one million dollars at the end of the budget year. This has been attained through higher than expected sales of insert cards into the magazine, and by careful page management. Average production costs alone per page of The American Legion Magazine is approximately $14,600. By holding down page count to about 30 pages below budget, with circulation slightly down for the year, manufacturing and distribution costs will come in well under budget. The division has been intensely working on the new electronic media presence of The American Legion, including a new rendition of the legion.org website, blog sites, social media and other features. And I have to say at this time that I’m very proud of our magazine staff. They’ve worked diligently over the last year; they’ve worked long hours; hard hours to launch the new website on November 9th, and I think without further adieu, if I may, Mr. Commander, I would like to turn the microphone and the podium over to Jeff Stoffer, the division director, to give you a brief presentation. Thank you all.

The American Legion Electronic Media Jeff Stoffer, Director, The American Legion Magazine Division While the screen is coming down here, I’ll give you a little taste of what’s coming and what already has transpired with our division. I’ll just brief you. About a year ago, The American Legion Magazine Division was engaged in the process of repurposing The American Legion’s web presence, all of our electronic media. And our first idea was that we were just simply going to have to put together a new website that would better tell The American Legion story. So we started out with a mission statement and we began to identify our different audience types and our categories of information. And our audience types were of course the prospective member who is not yet a member, the first year or couple of year member who’s at risk for a departure from the organization within a couple of years. And then the loyal member who has a strong bond to the organization. Another group we wanted to engage was the nonmember who just simply wants to know more about the organization. So, between those four different audience types we had a big challenge on our hands. And as the year progressed, the media all changed, so the sand shifted quite a bit. So it was more than just a website we were putting together, it was a complete new portfolio of American Legion electronic media. We started out with designing and doing the architecture of the site, and found our way through to the development of blog sites. Generally you have authors who are from

54 Proceedings of Wednesday, October 14, 2009 out of what they call the blogosphere, but generally people who report things and stories and write into a blog site, and people go to those pages and they comment on them. I’ve got a good story I want to tell you about that. The American Legion Magazine has assumed responsibility for The American Legion social media. Those are our places on Facebook and Twitter and YouTube and those kinds of open locations for communication. What it all boils down to is that now The American Legion can deliver a message on just about any timeframe. Commander Hill will tell you that he was on stage in Louisville when he uttered his first tweet of his new commandership and thus began, lit the fuse on, what has become a very interesting and exciting year in communications development. His website, the Clarence Hill website, was up and running one hour and 57 minutes after he had taken the commandership. So we can move information within seconds, almost in real-time, if we’re delivering testimony on Capitol Hill, if we’re having some event or activity that bears a sudden alert, we can do it on Twitter, Facebook, and our social media. Within the day, or inside of a day or within hours we can post a story on the new legion.org. The new legion.org has been up in existence operating kind of behind the curtain in beta form for the past month and a half, two months. So that when we fully launch the new site on November 9th, it will appear as if that site has been in existence for some time. We don’t want it to appear like an unfinished basement. We want it to appear robust with enough archive materials so people can start to backtrack a little bit and see what we’ve been up to for the past few months. Then another timeframe that we can certainly work within, is the blog area, and we can be presenting opinions, comments, engaging the membership and nonmembers, people who visit our sites. Blogs are opportunities to present a story, generally of a controversial nature, and let people come in and deliver their comments on the site. So, a lot of it is audience interplay. Legionnaires, veterans, nonmembers, everybody can get in there and they can communicate. It’s a little bit looser than what we’re used to in The American Legion, but it’s a very engaging medium, and I want to talk about that in just a minute. The e-newsletter, The American Legion Online Update, as you have known since February of 2008, the Magazine Division launched that e-newsletter then. It operated sort of as a separate medium of its own. It had its own kind of identity and its own sub-stories and had an editor assigned just to that. As we move toward our new launch, it becomes more of a promotional tool where we’re going to use The American Legion Online Update to drive traffic from off of that e-newsletter onto the website; onto the Burn Pit blog site; onto the Clarence Hill page, onto perhaps your department’s website, wherever we need to send traffic of an important manner, and the news of the week. So it’s on a weekly basis that the Online Update reminds to our members. So then we have the tried and true The American Legion Magazine that’s been with us since 1919, still going strong, as Chairman Henkemeyer explained earlier financially and I think substantively, but the magazine, as many of you know, operates on about three month production cycle. So right now we are just about finished with our December magazine. So there’s not much opportunity for timely news delivery through that medium. The Dispatch also operates similarly with a little bit shorter period because we can produce on a monthly basis things that happened within that month because we’re not on the press for three weeks with the Dispatch like we are with the magazine. And this is the template of the new American Legion Online Update. If you’re not getting The American Legion Online Update, I hope you subscribe soon. There’s a button on the current legion.org website for you to go and click and subscribe to it. But what you’ll see there is we’ve limited our number of photo parts on that page, and we’ve just basically started with one dominant piece and a trivia question. We left the

Proceedings of Wednesday, October 14, 2009 55 trivia question, the big huge trivia question on there because we’re getting thousands of responses on that. We’re trying to put kind of a controversial question up there, and people are having fun with it. Then we’ve got a string of headlines that are all hot, linking out to our web media. And a video component that we’ve got down there. Every issue will have some kind of a highlighted video, and then in that zone there you’ll see our blogs, and we’ll offer promotion of what’s going to be in our blogs. We also have space for advertising, and if we don’t have paid advertising such as this, this is paid advertising, if we don’t have it we will use it to promote programs of The American Legion. So all of these media are interconnected now, and we feel like we’ve opened up a whole bunch of different valves of communication for the organization. And the landing page is kind of like what I would call like the kiosk in a mall where you walk in and it says, “You are here,” and it will take you to numerous different locations in our electronic presence. We have numerous, what I call sub-hubs, and those are microsite pages, or pages on programs that really deserve their own special place on the web, such as baseball, Legion Riders, veterans benefits, things that are really kind of specific in their detail, and we’ve tried to build out specific separate kinds of sites underneath the landing page zone, so that once you go in there you can prowl around and find what you’re looking for within that site. There are some interactive pieces, we call them interactive hubs where you can go in and the member or the visitor is given an opportunity to play a video, to watch things occur, to purchase things from Emblem Sales, those kind of interactions are really important as we go forward. Then the blog sites. As I mentioned earlier, a blog site is not your traditional journalism. It is an informational opinion piece, and the audience drives the activity. So a successful blog site gets hundreds of comments; gets hundreds of responses. We have completed three blog sites since July. They are, up and running. The Burn Pit, which is our most effective one right now for the wider market. The Clarence Hill page, which the commander updates with a regular travel log of all his travels nationwide. There’s a map on there where you can see what states he’s been at, and you can click on his travel log for your particular state. Larry White, his aide, has been really good at giving us photos, and we’ve been getting videos, and we’ve been able to post that and keep that populated, and I think pretty robust in our early going. We’ve also developed Legiontown USA site, and just basically were in the construction of that, and Public Relations is now handling the incoming traffic for that, which has been good. And the purpose behind that was to get more community involvement, community posts, delivering material into our web stream. We get all kinds of stories that come to The American Legion Magazine, but we only have so much space, so at least now we’ve got a valve for them to go if they want to put a story into our media, and they’re using it. And I’m really happy to see these stories, and I’d like to see that promoted more. We are going to send out a news release about all of our changes in the electronic media next week, so the department publications can get them into the air and get them onto their websites as well. And again, we still maintain our management over our social media, the Facebooks, the YouTubes, the Twitters. All of these pieces connect to each other. They cross promote each other. We use Facebook and we use Twitter to promote something on the website. We use the websites to promote something on the Burn Pit. We use the magazine to promote something that’s on the Clarence Hill page. So all of our pieces are inter-promoting each other. And I’ll just show you briefly what I mean by what’s inside of our landing page, if you’ll click on that. This is our beta site. Like I say, this has been coming into existence,

56 Proceedings of Wednesday, October 14, 2009 and over the next four weeks we will polish it up to the point where we will be ready for launch. Across the top you’ll see a global navigation, underneath on the burgundy page you have basic labels of information about our content principals which were static information, things that don’t change: What is the history of The American Legion? What is the Preamble of The American Legion? What are the key components that never really change? If you go to What We Do, you’ll see pages that relate to specific programs, these sub-hubs. If you go to Legion Riders you’d get a page that matches our branding design from the very beginning. You know, it follows through; the global navigation remains; the coloration remains the same. And on the left side there’s navigation that is specific to that particular program. Specific to Legion Riders. We have these for baseball; we have them for veterans benefits; veterans career center is one of our areas, and we have about seven or eight of them, with more to come, but we’re going to start with just this fundamental bedrock set. Within that will be videos and photos and materials that are just specific to the particular program. If you go to About the Riders, and every one of these pages will have a read page that tells the visitor a little bit more about the program, and there’s opportunities to interact and to purchase merchandise from Emblem Sales if they so choose. And so that website navigation is all related to that program. And if you go on to the video, you saw the video module down there, if you click on Legion Riders, the video module will show you an index of Legion Riders videos. So, that’s how the landing page works. As I mentioned earlier, the blog sites have begun to populate and we have been managing them since about I think the first of August when the Burn Pit came into existence. We were lucky enough to get a truly accomplished military veteran blogger, an Afghanistan veteran, Mark Seavey, to produce the Burn Pit and to operate it. And I would love to go through every detail of the Burn Pit, but I hope you can get on it and click through it. I will tell you this story, that last week Mark posted a story about what had happened with the outpost at Keating, and how the 56 soldiers had to absolutely destroy the camp and all of their personal belongings, and eight were killed, and he posted a need to help them on that site. And I think it went up Wednesday evening that we needed to actually raise some money to try to help them get a few personal belongings. I think his first goal was $5,000 maybe from visitors. Well, today I think we hit $50,000 that has come in on that site. (Applause) They’ve come from all corners of the blogosphere, isn’t that right, Mark? And members of the unit from in Afghanistan have responded to it. And right now we’re in the process of purchasing all of the goods and materials. We are working maybe even with the corporate matching program. It’s just gone gangbusters in a matter of a couple of days, and we’re really excited about the power of this medium. A blog site is an audience participation kind of a medium, and then when you see a cause like a need to raise money for a particular purpose, the visitation spikes and then it will come back down to its regular audience, and then another cause will come up and it will spike, and it’s a fantastic phenomenon to see in media. But like I said, Mark is very, very accomplished at this kind of work. Just to kind of give you a sense. Our traffic so far, those of you who saw The American World Series webcast for the first time in August, those four games we had 18,900 unique visitors, 33 minutes per visit on average, which is whopping. Two point four million total minutes of American Legion Baseball watched. And Past National Commander Rehbein used all of our messages in between innings to talk about American Legion programs. And so we got 2.4 million minutes of view time of The American Legion program information. So that was a real success.

Proceedings of Wednesday, October 14, 2009 57 The Burn Pit is getting about 7,000 visitors a week. The commander’s page is getting about 200 visitors a day, and growing. Legiontown USA went from 41 page views on September 28th, to 803 on September 29th. So from the day we first launched the promotion, that’s where it went. Facebook, we’ve got 3,275 friends, and on our Twitter account we’ve got 1106 following us and growing. These new media are changing, growing, and this is a start. We see it as going in the right direction for the organization. We see this not only about being something for the new generation of veterans, it’s for all generations of veterans because media is changing in America. And I think those of you who know how to get involved in the electronic media can attest that this is the way things are going. And I’m glad that we are moving very quickly. In the past year we’ve been working hard to bring The American Legion up to speed on all this, and we’ve got a long ways to go once we launch the site on November 9th. But our timeframe is the new legion.org takes up November 9th; the mylegion.org, which is another interactive component, takes up on January 1st, 2010. We’ll be hearing more about that. Legion.org baseball also on January 1st. The Freedom Car page, we’re going to do a new Freedom Car page. That will take up February 1 and future stages of the site. And the site will continue to evolve and continue to develop as the year goes on. So, we’ve got exciting things going on in the Magazine Division, particularly with electronic media. And especially, you know, I can’t say enough about what the Burn Pit has done; what Mark Seavey was able to do, and what we were able to produce over this last week to help those guys in Afghanistan. So if there’s any questions about the site.

PAST NATIONAL COMMANDER BACON: You know, technology always is far in advance of the human mind to keep up with it. Would it be possible for you to prepare and distribute what I would call a table of contents with a little synopsis of what’s included in each of these? A lot of our members do not have computers. But if we distribute that information, it might encourage more people to acquire a computer and become knowledgeable of what’s going on within The American Legion, and be selective on what they want to look at. I watched the baseball game. I thought it was fantastic, right on my computer. The national baseball playoffs. But I think to bring our members along, we really need to do an education and training program, and maybe print a hard copy with that table of contents and synopsis of what’s available, and look into the future, but also telling them what we have at present. Would that be helpful? MR. STOFFER: Yeah. We’re working on just that kind of a product where we would basically start the lesson plan with a step-by-step instruction about how to get onto the site, and then we hope that once we get people on the site, then they can take it up on an online fashion. Now, the idea of advancing that and having a one complete how to use legion.org, I’m hearing that more and more this week, that that would be a valuable item. PAST NATIONAL COMMANDER BACON: And how will that be distributed? MR. STOFFER: We’re looking into inserting it into the magazine, and having it stitched in as a separate piece. PAST NATIONAL COMMANDER BACON: Thanks very much, and I think you’re doing a tremendous job from what I’ve heard this morning. MR. STOFFER: Thank you. Any other questions or thoughts about our direction in electronic media? Thank you. (Applause) THE AMERICAN LEGION MAGAZINE COMMISSION CHAIRMAN HENKEMEYER: Mr. Commander, this now concludes my report. And I would like to thank you and thank the members of the National Executive Committee for your continued support and guidance of The American Legion Magazine Division. Thank you.

58 Proceedings of Wednesday, October 14, 2009 Report: The American Legion Magazine Commission October 14, 2009 Dennis J. Henkemeyer, Minnesota, Chairman The American Legion Magazine Division continues to evolve into a multi-media division for the organization, with responsibilities over electronic media as well as the magazine itself and the Dispatch. The division has out-performed the industry through most of 2009, exceeding budget expectations for advertising sales and staying below budget on cost. The division can be expected to return a surplus of approximately $1 million at the end of 2009, which is about $250,000 more than budgeted. Through the October issue, advertising sales for the year were $91,428 ahead of budget. Higher-than-expected insert-card sales are largely the reason. The magazine is projected to finish the year with $9.6 million in advertising sales, about 2 percent better than budget, and more than $700,000 better than 2008. Manufacturing costs are stable and running slightly below budget through November due to total pages produced and a circulation reduction. Paper costs have been stable throughout most of 2009, but new anti-dumping duties on China and Indonesia, along with the end of a tax credit previously enjoyed by paper companies, can be expected to increase paper costs as much as 10 percent in 2010. Postage increased 4 percent in May, which added $18,175 per issue in cost for the magazine and a budgeted year-end increase of $145,400. Increases in 2010 will be determined by the Consumer Price Index. The Magazine Division has been working with the Finance Division to spread the costs of developing a new Web site across a three-year period. Two resolutions passed in the Spring Meetings—one for the production of an American Legion Baseball live web cast and the other for modular site developments of the new Legion.org—are both under budget for cost. A new American Legion Web site will be launched under the Magazine Division’s management on Nov. 9. A number of enhancements to the organization’s overall electronic presence can be expected in 2010. Of note will be the ability for American Legion Baseball managers to register teams, pay fees and buy insurance online. Other new projects undertaken or under way by the division include social media management, the development and launch of multiple new blog sites, including the Burn Pit, which is geared for the Iraq-Afghanistan audience, along with Legiontown USA and a site for National Commander Hill. Still in development are the MyLegion.org area within the site and a blog aimed at the Vietnam veteran audience. They are expected to launch on or before Jan. 1, 2010, with enhancements continuing throughout the year and beyond. On behalf of The American Legion Magazine Commission, I want to thank the National Executive Committee for its guidance and continuing support of our efforts.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, there are no addendum or resolutions to this report, therefore, I move that it be received and filed. …Second NATIONAL COMMANDER HILL: There is a motion and a second to receive and file. Any discussion? All in favor. Opposed. Motion carries. Thank you Dennis, I call on the Economic Commission report. Dan Dellinger, Virginia, commission chairman.

Proceedings of Wednesday, October 14, 2009 59 Oral Report: Economic Commission Daniel M. Dellinger, Virginia, Chairman Mr. Commander, before I start my report, permission to read a letter and presentation for the national commander. NATIONAL COMMANDER HILL: Permission granted. ECONOMIC COMMISSION CHAIRMAN DELLINGER: As the commander alluded to, on October 1st we conducted an H2H golf tournament, and I have a letter from Congressman Dan Burton I would like to read dated October 1st, 2009. “Dear friends. Welcome to the second annual Heroes to Hometowns Golf Classic at the courses at Andrews Air Force Base. I’m elated to have the opportunity to send you greetings, and thank you for your support of this important and timely event. As you know, The American Legion’s Legacy Scholarship Fund has been able to provide the essential education support necessary for military children who have lost a loved one in Iraq and Afghanistan. As a proud member of the United States Army and former member of the House Veterans Affairs Committee, I believe there’s not a greater priority than supporting the great men and women who have sacrificed so much for our country, and those who continue to defend our freedoms. The American Legion has been working diligently to help secure the funding to provide the loved ones, our nation’s heroes. And I will continue to support their efforts. Last year the tournament was able to raise fifteen thousand dollars, and I hope this year’s event will be even more successful. Please take advantage of the many sponsorship opportunities provided by this event. I thank you again for your generosity and support of our nation’s veterans. Sincerely, Dan Burton, member of Congress, 5th District of Indiana.” It was a great opportunity, the supporters were able to interact with the wounded warriors from Walter Reed and NIH, and hopefully some employment opportunities come out of that. A by-product of course as the commander alluded to in his remarks was funds. And I would like at this time for the commander to come forward to accept a check. …At this time National Vice Commander Avis assumed the Chair. ECONOMIC COMMISSION CHAIRMAN DELLINGER: We would like to present you with a check for $25,000 for the Legacy Scholarship Fund. (Applause) NATIONAL COMMANDER HILL: Thank you, Dan. I’m going to go out this afternoon when we recess, and be like Tiger Woods and see if I can find a store that will take a big check. (Laughter) …National Commander Hill resumes the Chair. VETERANS AFFAIRS AND REHABILITATION COMMISSION CHAIRMAN LEWIS: I want to thank a couple of twenty somethings on the VA&R staff. We’ve heard about the electronic media, and they wanted to do something to help their comrades, so they went with a gentile game and they shared with 25 wounded warriors. Jacob Gadd and Andrew Tramontana to thank them for their tireless efforts on this. And Winston Churchill said that some people measure life by what they get, others measure life by what they give. I want to thank everybody for your giving of your heart, and thanks for the opportunity. (Applause) ECONOMIC COMMISSION CHAIRMAN DELLINGER: I would also be remiss if I did not thank the Washington Office for putting on such a successful event, and I’m sure next year’s event will be bigger and better. I think we should give them all a big hand. (Applause) The Report of the Economic Commission. Mr. Commander, members of the National Executive Committee. The National Economic Commission met at the Sheraton

60 Proceedings of Wednesday, October 14, 2009 Hotel in Indianapolis, Indiana, to discuss a range of current matters. Four resolutions were forwarded to the National Executive Committee by the National Economic Commission. During the meeting, the commission discussed many issues, that included the Post-9/11 GI Bill. This new bill goes well beyond helping to pay for tuition and fees for many veterans who have served after September 11, 2001. But as the commander alluded to in his earlier remarks, there have been implementation problems and we’re working to help in resolving those problems. The new bill gives Reserve and Guard members who have been activated since 9/11 access to the same GI Bill benefits, but only covers the institutes of higher learning. There are some provisions in this bill that need to be modified, and our staff is working with VA and Congress to make those changes. Some of those changes include allowances for distance learning, Title 32 Active Guard and Reserve should be included for eligibility under Chapter 33, and urge a comprehensive review of VA’s separate tuition and fees cap system. A lack of funding has arisen for veterans attending private schools in states like Massachusetts, California and the District of Columbia, due to the separate tuition and fees cap system. Other improvements would include provisions for lifelong learning and additional financial support for educational institutions providing programs and services to veterans. The American Legion strongly supported the above-mentioned enhancements to the MGIB and is grateful for the House and Senate to pass the bill, and of course to the president for signing this vital piece of legislation into law on June 30, 2008. The new GI Bill has been hard-earned and it’s certainly well-deserved for the men and women that have protected, sacrificed, and served our country honorably. With some modifications, this bill can have the same economic and social effects of the original GI Bill signed in 1944. The current rate of unemployment in the United States stands at 9.8 percent and is projected to hit 10 percent by the end of the year. According to the Department of Labor, one in nine Iraqi and Afghanistan veterans are unemployed. Unemployment rates for OIF and OEF veterans have doubled in the past year to 11.3 percent. The total number of unemployed veterans of the two wars stands at 185,000. One out of every four veterans who does find employment currently earns under $25,000 a year. In total, 1.5 million or 6.3 percent have incomes below the federal poverty level, according to a congressional analysis, and these figures are continuing to grow. During the year, staff members from the Economic Division have, and continue to prepare and deliver testimony to congressional committees on subjects of vital interest to the commission and our veterans. The National Economic Commission is fully aware that it’s impossible to carry out its mandate without the active involvement of posts, districts, counties, departments and individual Legionnaires of The American Legion. We deeply appreciate your continued support and involvement. I would like to thank the national commander, adjutant, members of the National Executive Committee and the staff of both the Washington and the Indianapolis offices for the outstanding support and cooperation they have provided during the past year, especially Director Joseph Sharpe and Deputy Director Mark Walker. Mr. Commander, I thank you for the opportunity to serve as Economic Commission Chairman this year, and this completes my report.

Proceedings of Wednesday, October 14, 2009 61 Report: Economic Commission October 14-15, 2009 Daniel M. Dellinger, Virginia, Chairman The National Economic Commission met on October 12-13, 2009, 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: Daniel M. Dellinger (VA), Chairman. Present at the meeting were: Edward Bertrand (NY); Albert M. Robotti (NJ); James Fratolillo (MA); Peggy Dettori (AK); Michael L. Mooney, Jr. (MD); William E. Marshall (FR); Randy Goodman (GA); Richard Zulch (OH); and William Christoffersen (UT). Also in attendance were: Joseph C. Sharpe, Jr. (MD), Director for Economics and Mark Walker (DC), Deputy Director for Economic.

Matters Received, Considered and Acted Upon By the Commission Resolutions Your Subcommittee considered five (5) resolutions. One was referred from 2009 National Convention. One (1) holding for further study, Four (4) resolutions were forwarded to the National Executive Committee for approval:

Res. 74 2009 NC (Origin: Massachusetts) Support Veterans’ Businesses and Establish a Program Supporting Small Business Education and Outreach

(Origin: Economic Commission) Support Major Enhancements for the Post 9/11 GI Bill Educational Benefits

(Origin: Economic Commission) Support Amending the Eligibility Criteria for the Transfer of Post 9/11 GI Bill Educational Benefits

(Origin: Economic Commission) Support Additional Housing and Funding for Low-Income and Homeless Veterans

(Origin: Economic Commission) Support Licensure and Certification of Active-Duty and selected Reserve Personnel

The Commission then discussed the following issues:

The Post-9/11 GI Bill The Post 9/11 Veterans Education Assistance Act was signed into law on June 30, 2008, and was implemented on August 1, 2009. Four very different education programs now exist: the Post 9/11 GI Bill, Montgomery GI Bill, Montgomery GI Bill-Selected Reserve, and the Reserve Educational Assistance Program. This new bill goes well beyond helping to pay for tuition and fees; many veterans who served after September 11, 2001, will get full tuition and fees, a new monthly housing stipend, and a $1,000 a year stipend for books and supplies. The new bill also gives Reserve and Guard members who have been activated since 9/11 access to the same GI Bill benefits. However, this bill only covers Institutes of Higher Learning (IHLs). Work remains.

62 Proceedings of Wednesday, October 14, 2009 Not all veterans attend IHLs. Many veterans prefer traditional employment and/or may require employment for personal or family reasons. The American Legion recommends that these programs be included under the Post 9/11 GI Bill (Chapter 33): • Flight training; • Correspondence schools; • Vocational schools; • Apprentice programs; and, • On-the-job training programs. Chapter 33 needs to be modified to include non-college degree programs. Veterans choosing to use their educational benefits for other than IHLs are able to use them under the existing Chapters 30, 1606, or 1607; however, in those instances the benefit recipients are not entitled to either the housing stipend or the allowance for books and supplies. The American Legion believes that veterans should never be limited in the manner they use their educational benefits. Another major issue is that the housing allowance only covers those veterans who are attending IHLs. This New GI Bill does not cover those veterans who are seeking education through distance learning courses, otherwise known as online courses. According to the VA, four of the top ten institutions serving veterans and the active military are online institutions. Veterans choose to attend online institutions because of location, job, family commitments or disability. Another reason for high participation of veterans in distance learning is the emphasis on adults, which is why online universities are noted for their “GI–friendly” policies. In addition, online classes are offered throughout the year, allowing veterans to take lighter course loads or to finish their degree program in a shorter amount of time. The American Legion supports providing all veterans, no matter what type of institution from which they are receiving an education, to receive the housing allowance. In addition, The American Legion strongly recommends that Title 32 Active Guard Reserve (AGR) be included for eligibility under Chapter 33. In 2008, there were almost 30,000 Army National Guard and 13,500 Air National Guard service members serving on Title 32. The American Legion passed Resolution No. 111 at the 91st Convention, which supports legislation that would include all AGR members of the United States Armed Forces federalized under title 32, USC, be eligible for educational benefits under Chapter 33, title 38, USC based on their honorable military service consistent with the terms of that chapter. Many AGR personnel were called to active duty via title 32 in support of the response to the attacks on America on September 11, 2001, in addition to deploying for Operation Iraqi Freedom and Operation Enduring Freedom. Thus, AGR service members have answered the nation’s call to arms and should receive equal education benefits for their service. The American Legion also recommends a comprehensive review of VA’s separate tuition and fees cap system to ensure that veterans will not lose any value in their education benefits due to this reimbursement method. A lack of funding has arisen for veterans attending private schools in states like Massachusetts, California, and Washington, DC, due to this separate tuition and fees cap system. Other improvements would include provisions for lifelong learning and additional financial support for educational institutions providing programs and services to veterans.

Post 9-11 GI Bill (Claim Statistics) VA has received 277,403 claims for the Post-9/11 GI Bill benefits. VA has completed and processed 205,074 of those claims (which include eligibility determinations and enrollment certifications). One of the problems the VA is facing is the processing time for earned benefits. The average processing time is approximately 35

Proceedings of Wednesday, October 14, 2009 63 days. In addition, they are receiving an enormous amount of claims due to the time of the year (August/September), but are working at processing them as soon as they are received. The VA Secretary, retired General Eric Shinseki ordered Regional Offices across the country to distribute checks of up to $3,000 to veterans who have claims pending and are in desperate need of money for the fall semester. The American Legion was contacted by numerous veterans across the nation seeking guidance on how to get to and receive those emergency $3,000 checks. We discussed with those veterans who were going to the Regional Offices to seek this financial assistance, where to go and how to get there. We did receive some word back after the first day and specifically at the St. Louis Regional Office, there was no delay and things moved very efficiently. According to the VA, since the announcement of emergency checks, they have distributed approximately 24,000 checks, which include those who went to the Regional offices and those who submitted their requests online. These funds are not allocated just for the Post-9/11 GI Bill, but to all educational benefits. VA has also received 603,656 non-Chapter 33 education claims of which the VA has completed 503,323. The wait time for the Montgomery GI Bill is 35 days as well and the time has increased related to the fall enrollment during September and October.

Summary of the Post 9/11 GI Bill The Post-9/11 GI Bill implementation is undergoing a few road blocks, but the VA is partnering with VSO’s, such as The American Legion to help support our veterans who are returning to school. The American Legion is continuing to educate the Departments and local posts so they can guide those veterans who are seeking assistance. The VA providing emergency checks (up to $3,000) was a great step in the right direction to alleviate some of the financial hardships that veteran were having due to the delayed housing allowance and book stipends payments. The American Legion strongly supported the above mentioned enhancements to the MGIB and is grateful that the House and Senate passed this bill, and the President signed this vital piece of legislation on June 30, 2008. This New GI Bill has been hard earned and is certainly well deserved for the men and women who have protected, sacrificed, and served our country honorably. With some modest refinements, this bill can have the same economic and social effect as the original GI Bill signed in 1944.

Provide Military Occupational Skills and Experience Translation For Civilian Employment Counseling The American Legion notes that due to the current demands of the military, greater emphasis on the Reserve component of the Armed Forces created employment hardships for many Reservists. DOD provides some of the best vocational training in the nation for its military personnel and establishes measures and evaluates performance standards for every occupation with the Armed Forces. There are many occupational career fields in the armed forces that can easily translate to a civilian counterpart. Many occupations in the civilian workforce 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, many former military personnel, 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 Service Members and Veterans Transition Assistance identified a total of 105 military professions where civilian credentialing is required. The most easily identifiable job is that of a Commercial Truck

64 Proceedings of Wednesday, October 14, 2009 Driver in which there is a drastic shortage of qualified drivers. Thousands of veterans must venture through each state’s laws instead of a single national test or transfer of credentials from the military. We have testified alongside members of the trucking industry to the House Veterans’ Affairs Subcommittee on Economic Opportunity for the need for accelerated MGIB payments for these courses and other matters. The American Legion supports amending Section 4101(5), title 38, USC, to add Subsection (D) to the list of “Eligible Persons” for Job Counseling, Training, and Placement Service for Veterans, to include members in good standing of Active Reserve and Guard units of the Armed Forces of the United States who have completed basic and advanced Duty for Training (ACDUTRA) and have been awarded a Military Occupation Specialty. The American Legion supports efforts to eliminate employment barriers that impede the transfer of military job skills to the civilian labor market, and supports efforts by 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. The American Legion supports efforts to increase the civilian labor market’s acceptance of the occupational training provided by the military.

Department of Labor (DOL) Veterans Employment and Training Services (VETS) The American Legion’s position regarding VETS programs is that this is and should remain a national program with Federal oversight and accountability. The American Legion is eager to see this program grow and especially would like to see greater expansion of entrepreneurial based, self-employment opportunity training. The mission of VETS is to promote the economic security of America’s veterans. This stated mission is executed by assisting veterans in finding meaningful employment. The American Legion believes that by strengthening American veterans, we in turn strengthen America. Annually, DOD discharges approximately 300,000 service members. The American Legion also supports legislation that will restore language to Chapter 41, title 38, USC, that require that half-time DVOP/LVER positions be assigned only after approval of the DVET, and that the Secretary of Labor would be required to monitor all career centers that have veterans on staff assigned. PL 107-288 has eliminated the requirement that DOL-VETS review all workforce centers annually and this has minimized Federal oversight of the programs since the Assistant Secretary of Veterans Employment and Training, has drastically cut funds allocated for this activity and established a policy that only 10 percent of the centers operated under title 38, USC will be reviewed PL 107-288 has removed the job descriptions of the DVOPs and LVERs from Chapter 41, title 38, USC, and given the states the ability to establish the duties and responsibilities, thus weakening the VETS program across the country by eliminating the language that required these staff positions provide services only to veterans. Additionally, The American Legion seeks legislation that will transfer the DVOP and LVER program to DOL-VETS for oversight in order to ensure that the individuals employed to serve veterans are not used for other programs.

Make Transitional Assistance Program (TAP)/Disabled Transitional Assistance Program (DTAP) a Mandatory Program The American Legion is deeply concerned with the timely manner that veterans, especially returning wartime veterans, transition into the civilian sector. For the past 6 years, approximately 300,000 service members, 90,000 of them belonging to the National Guard and Reserve, enter the civilian sector each year. DOD estimates that 68 percent of separating service members attends the full TAP seminars and only 35 percent of the Reserve components attend. The American Legion

Proceedings of Wednesday, October 14, 2009 65 believes this low attendance number is a disservice to all transitioning service members, especially the Reserve component. Currently, numerous National Guard and Reserve troops have returned from the war in Iraq and Afghanistan only to encounter difficulties with their Federal and civilian employers at home, and the number of destroyed and bankrupt businesses due to military deployment is still being realized. In numerous cases brought to the attention of The American Legion by veterans and other sources, many of these returning service members have lost jobs, promotions, businesses, homes, and cars and, in a few cases, become homeless. The American Legion strongly endorses the belief that service members would greatly benefit by having access to the resources and knowledge that the Transitional Assistance Program (TAP) and Disabled Transitional Assistance Program (DTAP) can provide and the TAP/DTAP program needs to update their program to recognize the large number of National Guard and Reserve business owners who now require training, information and assistance while they attempt to salvage or recover from a business which they were forced to abandon to serve their country. Any delay in reintegration into the civilian workforce can adversely affect a veteran’s life. Every effort should be made to ensure that veterans are afforded all the opportunities that this great country can offer without delay. The American Legion strongly supports the TAP and DTAP. Additionally, The American Legion supports that DOD require all separating, active-duty service members, including those from Reserve and National Guard units, be given an opportunity to participate in TAP and DTAP training not more than 180 days prior to their separation or retirement from the Armed Forces.

Military Occupational Specialty Transition (Most) Program The American Legion supports the new legislation, H.R. 929 to amend title 38, United States Code, to require the Secretary of Veterans Affairs to carry out a program of training to provide eligible veterans with skills relevant to the job market, and for other purposes, introduced by Representative Welch (VT). This legislation, if enacted, would authorize $60 million for the next ten years to fund the Military Occupational Specialty Transition (MOST) program. MOST is modeled after a former veterans’ employment program that was extremely successful, the Service Members’ Occupational Conversion and Training Act (SMOCTA). SMOCTA was a training program developed in the early 1990s for separated service members with few or no transferable civilian market place job skills. If enacted, MOST would be the only Federal job training program available strictly for veterans and the only Federal job training program specifically designed and available for use by state veterans’ employment personnel to assist veterans with barriers to employment. Veterans eligible for assistance under MOST are those with a primary or secondary military occupational specialty that DOD has determined is not readily transferable to the civilian workforce or those veterans with a service connected disability rating of 30 per cent or higher. MOST is a unique job training program because there is a job waiting for the newly trained veteran upon completion of training so that they can continue to contribute to the economic well being of the nation. In March 1993, DOD, VA, and DOL signed a MOU, which defined their roles and responsibilities in the implementation of SMOCTA and DOD provided funding for SMOCTA. Both VA and DOL were responsible for administering the program. Many LVERs and DVOPs publicly praised the effectiveness of this program because it successfully returned veterans to the civilian workforce. The American Legion recommends authorization of MOST and $60 million for funding in FY 2011.

66 Proceedings of Wednesday, October 14, 2009 Small Business and the Credit Crunch Small businesses are another casualty of the credit crunch caused by the ongoing financial crisis. By the end of 2008, more than half of the nation’s small businesses looking for credit were unable to obtain a loan. This credit freeze will force many businesses to shut their doors, while others will be unable to expand. In either case, it means a loss of American jobs. Congress should supplement current efforts to thaw the credit market for small businesses by establishing a direct lending program within the SBA. This program could provide loans to small businesses that can’t otherwise find credit, thereby potentially saving or creating tens of thousands of American jobs. During the fourth quarter of 2008, 70 percent of banks reported tightening their lending standards for small firms. As a consequence, fewer than half of the small businesses that tried to get a loan in the fourth quarter of 2008 were able to get one. When small businesses tried to obtain a new line of credit, only three in ten succeeded. The credit crisis is hitting small businesses across the board, including those that have been current in their payments and have no ties to high-risk sectors of the economy such as housing. From November 2007 to November 2008, more than one quarter of small businesses reported a decline in the number of jobs at their companies. In December 2008, only one in eight small businesses said they planned to hire new employees in the next twelve months, a 48 percent drop since August 2008. In addition, the number of small businesses filing for bankruptcy rose 54 percent from 2007 to 2008. The 7(a) loan program is the SBA’s largest and most used lending program. Under this program, SBA provides a guaranty of up to 85 percent for loans provided by private- sector to small businesses. But because 7(a) loans are offered through private-sector banks, which are reeling from the current crisis, small businesses may not be able to get the relief they need. From the first quarter of 2008 to the first quarter of 2009, the number of loans approved by the 7(a) program dropped 57 percent. Moreover, the SBA is expected to guarantee only about $10 billion in loans this year, down from its historic norm of $20 billion per year. To help ease the credit crisis for small businesses, The American Legion urges Congress to establish a direct lending program through the SBA. This effort would offer low-interest loans to otherwise healthy veteran-owned and service-disabled veteran- owned businesses that are having trouble obtaining the credit they need for necessary operating expenses or expansion. The American Legion believes the SBA’s Office of Veterans’ Business Development should be the lead agency to ensure that OIF and OEF veterans are provided with Entrepreneurial Development Assistance. Comprehensive training should be handled by the SBA and Resource Training Centers should include DOD and VA facilities. Currently, many military families are suffering financial hardship while their loved ones are recuperating in military hospitals around the country. Many spouses leave their jobs to be with that disabled service member only to watch their finances deteriorate. Seamless transition in many cases is just a wishful thought; however, if business development training was offered to military members, a small home based business that is feasible could be the answer in guaranteeing a constant source of revenue for the family, in turn making them less dependent on the Federal government. The American Legion has encouraged Congress to require reasonable “set-asides” of Federal procurements and contract for businesses owned and operated by veterans. The American Legion supported legislation in the past that sought to add service-connected disabled veterans to the list of specified small business categories receiving 3 percent set- asides. PL 106-50, “The Veteran Entrepreneurship and Small Business Development Act of 1999,” included veteran-owned small businesses within Federal contracting and subcontracting goals for small business owners and within goals for the participation of

Proceedings of Wednesday, October 14, 2009 67 small businesses in Federal procurement contracts. It requires the head of each Federal agency to establish agency goals for the participation by small businesses owned and controlled by service-connected disabled veteran, within that agency’s procurement contracts. Agency compliance with PL 106-50 has been minimal with only two agencies self- reporting that they have met their goals (VA and the Department of Homeland Security). In 2004, an Executive Order 13360 was issued to strengthen opportunities in Federal contracting for service-disabled veteran-owned businesses. The American Legion strongly supports Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) FAR Part 19.1406 language be changed to more closely reflect the intent of Congress to “shall” vs. “may”.

Homeless Veterans The American Legion supports the efforts of public and private sector agencies and organizations with the resources necessary to aid homeless veterans and their families. The American Legion supports proposals that will provide medical, rehabilitative and employment assistance to homeless veterans and their families. Homeless veteran programs should be granted full appropriations to provide supportive services such as, but not limited to outreach, health care, rehabilitation, case management, daily living, personal financial planning, transportation, vocational counseling, employment and training, and education. Veterans need a sustained coordinated effort that provides secure housing, nutritious meals, essential physical health care, substance abuse aftercare and mental health counseling, as well as personal development and empowerment. Veterans also need job assessment, training and placement assistance. The American Legion believes all programs to assist homeless veterans must focus on helping veterans reach their highest level of self-management.

Homeless Providers Grant and Per Diem Program Reauthorization In 1992, VA was given authority to establish the Homeless Providers Grant and Per Diem Program under the Homeless Veterans Comprehensive Service Programs Act of 1992, PL 102-590. The Grant and Per Diem Program is offered annually (as funding permits) by the VA to fund community agencies providing service to homeless veterans. VA can provide grants and per diem payments to help public and nonprofit organizations establish and operate supportive housing and/or service centers for homeless veterans. Funds are available for assistance in the form of grants to provide transitional housing (up to 24 months) with supportive services, supportive services in a service center facility for homeless veterans not in conjunction with supportive housing, or to purchase vans. VA partners with 500 community organizations and has authorized an estimated 15, 000 beds through the GPD program—10,000 plus beds available now and more than 15,000 veterans served annually. The American Legion strongly supports increasing the funding level for the Grant and Per Diem Program to $200 million annually. VBA has 20 full-time and 37 part-time homeless veteran outreach coordinators to enhance prompt claims for homeless and at-risk veterans. VBA identified and expedited more than 28,000 claims from homeless veterans since 2003. Approximately 44 percent of compensation claims and 77 percent of pension claims are approved annually. Health Care for Homeless Veterans (HCHV) sites provide outreach, physical and psychiatric treatment, referrals, and case management to homeless veterans. HCHV staffs assist over 40,000 homeless veterans each year and place homeless veterans into community-based facilities under contract to local VA medical facilities.

68 Proceedings of Wednesday, October 14, 2009 Domiciliary Care for Homeless Veterans Program (DCHV) operates 42 sites, with 2100 dedicated domiciliary beds, providing time limited residential treatment with long- term physical, psychological, and rehabilitative counseling and services including aftercare. This program annually provides residential treatment to nearly 5,000 homeless veterans. VA’s Mental Health Residential Rehabilitation Treatment Program (MH RRTP): This program identifies and addresses goals for rehabilitation, recovery, health, maintenance, and community integration. This program provides state-of-the-art residential rehabilitation and treatment for veterans with multiple and severe mental illness, addiction and other psychosocial deficits to include homelessness. MH RRTP operates more than 8,300 beds and treats 33,000 homeless veterans annually.

Potential homeless veterans of Operation Iraqi Freedom and Operation 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 inevitable rising tide of combat veterans who will soon be requesting their support. Since 9/11, over 1.8 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. There are signs of a serious crisis as VA by its’ own numbers is under considerable pressure to stretch dollars. VA estimates it provides healthcare to about 100,000 homeless veterans each year, and provides housing with supportive services to approximately 40 percent of those veterans. Hundreds of community-based organizations nationwide struggle to provide assistance to as many of the other veterans, but the need far exceeds available resources. VA reports that nearly 3,000 homeless veterans from Iraq and Afghanistan have been treated at VA Medical Centers. VA further 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 percent to more than 35 percent of combat veterans will experience some clinical issues related to 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, especially those 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. Reports show that one of every ten homeless veterans under the age of 45 is now a woman. 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 veteran 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

Proceedings of Wednesday, October 14, 2009 69 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 118 sites (85 percent of all sites) reported a total of 1,282 homeless veteran families seen. This was a 24 percent increase over the previous year’s 1,038 homeless veteran families. (FY 2008 VA CHALENG report). Homeless veterans’ 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 HUD-VASH program will offer an important new resource allowing VA staff to assist the veteran and her family. The American Legion supports adequate funding for all domiciliary programs for all qualified veterans. Homelessness impacts every community in the nation. Approximately 500 community based veterans’ service organizations across the country have successfully reached homeless veterans through specialized programs. Veterans who participate in these programs have a higher chance of becoming productive citizens again. 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.

Employment and Career Fairs The current rate of unemployment in the United States is 9.8 percent. Analysts expect the jobless figure to top 10 percent by the end of the year. According to the Department of Labor one in nine Iraq and Afghanistan veterans are currently out of work. Unemployment rates for OIF/OEF veterans have doubled in the past year to 11.3 percent (Bureau of Labor statistics). The total number of unemployed veterans of the two wars is about 185,000. 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. During the year, staff members from the Economic Division continue to prepare and deliver testimony for Congressional committees on subjects of vital interest to the Commission, including contracting/procurement for veteran-owned and service-disabled veteran-owned small businesses; transition from Department of Defense (DOD) to Department of Labor; Veterans Employment and Training Services (DOL-VETS); the VETS budget; and VA services for vocational rehabilitation, education and home loans; and veterans preference in Federal hiring. The American Legion has formal memorandums of understanding (MOUs) with RecruitMilitary, AVUE Technologies, and Military.com, allowing The American Legion to have a presence at veterans’ Career Fairs around the country. The purpose is to educate veterans regarding their benefits, provide them outlets for employment and promote The American Legion. This is an extremely important opportunity with incredibly positive impact for veterans and our organization. The American Legion will participate in more than 100 Career Fairs in 2009 conducted through our national partnerships. There has

70 Proceedings of Wednesday, October 14, 2009 been a decrease in Career Fairs from our national partners during 2009 due to a decline in employment opportunities from major employers. Additionally, each Department Employment chairperson organizes participation in numerous local Job Fairs (other than our two national partners). Job duties, expectation instructions and flyers accompany approximately 300 educational brochures from The American Legion for each Career Fair. Educational material is sent automatically to Departments associated with Military.com and RecruitMilitary and per individual request. The American Legion participated in 6 Career Fairs (i.e., Fort Sam Houston, Fort Dix, Fort Lewis) with DOD across the country as well as Walter Reed on June 3. On June 4, we organized a Career Fair at Walter Reed that along with employment opportunities provided a training workshop for employers concerning PTSD and TBI. This workshop assisted in removing obstacles and creating workplaces where employers understand how to recruit and interact with service members and veterans with various types of disabilities. On June 18, The American Legion sponsored a Career Fair at Walter Reed for its entire community, which included wounded warriors, service members, and civilians, due to the Medical Center’s impending closing. The American Legion along with RecruitMilitary sponsored a Career Fair at the Washington Conference on February 26, 2009. The Career Fair had numerous Veteran- friendly companies there looking for new employees. Companies like CSX Transportation, Lockheed Martin, Raytheon, Walgreens, Duke Energy Corporation, MarketUS Inc., Blackwater Worldwide, United States Postal Service, VSE Corporation, SAIC, L-3 Communications Integrated Systems, Pitney Bowes, Mainstreet Technologies, ITT Technical Institute, along with DOD employers were represented at this Career Fair. This Career Fair gave a broad range of opportunities for our veterans and their families. This Career Fair held in Washington, DC had over 500 veterans looking for stable and suitable employment. Also, The American Legion partnered with the Department of Labor to hold a Transition & Benefits Fair during the 91st National Convention in Louisville, Kentucky on August 22, 2009, from 11am to 4pm at the Galt House Hotel & Suites (Exhibit Hall, 2nd Floor, Suite “East” Tower). This event had 83 veteran-friendly companies/agencies and approximately 600 qualified veterans looking for gainful employment within various industries. The Economic Division encourages the local post to sponsor Job Fairs. The main purpose of these Job Fairs is to educate veterans of their benefits, provide veterans outlets for employment, promote The American Legion, and gain membership. It’s equally important that veterans who are outside of urban centers be able to receive employment opportunities and benefits information. This is an extremely important opportunity that has incredible positive impact for veterans and our organization. The Economic Division can provide assistance with sponsoring these Job Fairs at the Department and Post levels. Currently, the Economic Division is working with IRS, HUD, GE, Homeland Security, Commerce, Oak Grove Technologies, MicroTech, and Northeast Veterans Business Resource Center on veteran hiring initiatives. For example, Homeland Security is looking to hire 50,000 veterans in the next three years. Recently, The American Legion hosted the Department of Homeland Security’s annual veterans training. This training/workshop provided Homeland Security’s Human Resource personnel with updated information on veterans’ preference along with basic tools in order to hire qualified veterans into their agency. Also, the Economic Division has a National Employer Awards Program. This program pays tribute to those employers across the country who have established outstanding records in the employment and retention of veterans, workers with disabilities and older workers, and to outstanding members of the state employment security agencies. The Economic Commission is responsible for ensuring that America’s

Proceedings of Wednesday, October 14, 2009 71 veterans have the opportunity to provide with honor and dignity, the economic necessities of life for themselves and their families. The American Legion will continue to sponsor Career Fairs and Business Development Workshops to provide employment and business opportunities for our veterans and their families. 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.

Transition 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 assure the United States retains its competitive edge in the world. The veterans of this nation make up a well-qualified disciplined pool of applicants. Increasing recognition of military training by integrating licensing and credentialing must be strengthened to assist our country’s finest to achieve their professional goals. The American Legion asserts that veterans have been trained, educated, disciplined, and molded by the greatest military the world has ever seen and yet a large number of these skills are deemed non-applicable in the civilian sector. The Department of Labor’s Hire Vets First lists attributes that make veterans marketable to the civilian section. The American Legion strongly agrees that veterans have attributes to make them extremely productive in the civilian sector. These attributes include an accelerated learning curve, leadership, teamwork, diversity and inclusion in action, efficient performance under pressure, respect for procedures, technology and globalization, integrity, consciousness of health and safety standards, and the ability to triumph over adversity. With all of these abilities, a casual observer would assume that veterans are easily employed and can transition their military experience to the private sector with ease. Unfortunately, that is not the case. The American Legion supports efforts to eliminate employment barriers that impede the transfer of military job skills to the civilian labor market and that the Department of Defense take appropriate steps to ensure that service members be trained, tested, evaluated and issued any licensure or certification that may be required in the civilian workforce.

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

72 Proceedings of Wednesday, October 14, 2009 Office of Veterans’ Business Development The SBA Associate Administrator for Veterans Business Development (AAVBD) was created by Section 201 of P.L. 106-50. This position was first filled on July 24, 2000. The AAVBD is responsible for conducting comprehensive outreach to veterans and reservists. The Associate Administrator is also responsible for the formulation, execution, and promotion of policies and programs of the Administration that provide assistance to small business concerns owned and controlled by veterans, service-disabled veterans & Reserve component members of the US military. The AAVBD acts as an ombudsman for full consideration of veterans in all programs of the Administration. Additionally, the Office of Veterans’ Business Development within the Small Business Administration (SBA) remains crippled and ineffective due to a token funding of $750,000 in FY 07 and $866,000 in FY 08. This amount, which is less than the office supply budget for the SBA, is expected to support an entire nation of veteran entrepreneurs. The American Legion feels that this pittance is an insult to American veteran business owners, and that it undermines the spirit and intent of Public Law 106- 50. In FY 2008, the Office of Veterans Business Development met and exceeded its goals for outreaching to and assisting 99,748 veterans, self-employed Reserve Component members and transitioning military personnel. The American Legion strongly supports increased funding of the Small Business Administration’s Office of Veterans’ Business Development to provide enhanced outreach and community based assistance to veterans and self employed members of the Reserves and National Guard. Additionally, The American Legion supports allowing the Office of Veterans’ Business Development to enter into contracts, grants, and cooperative agreements to further its outreach goals. The Office of Veterans’ Business Development must be authorized to develop a nationwide community-based service delivery system specifically for veterans and members of Reserve components of the United States military. The American Legion recommends that funding for the SBA Office of Veterans’ Business Development be increased to $2 million. The American Legion seeks and supports legislation to require a 5 percent goal, with set-asides and sole source authority, for federal procurements and contracts for businesses owned and operated by service-disabled veterans (SDVOB) and businesses owned and controlled by veterans. This includes those small businesses owned by Reserve component members who have been or may be called to active duty, or may be affected by base closings and reductions in our military forces. The American Legion has encouraged Congress to require reasonable “set-asides” of Federal procurements and contracts for businesses owned and operated by veterans. The American Legion supported legislation in the past that sought to add service-connected disabled veterans to the list of specified small business categories receiving 3 percent set- asides. Public Law 106-50 mandated that each agency and subset must meet the 3 percent goal for SDVOB dollars in Federal contracts. This was further supported by the passing of Public Law 108-183 which clearly provided a vehicle to meet the 3 percent goal. Agency compliance with Public Law 106-50 has been minimal and non-compliant. In 2004, President Bush issued Executive Order 13360 to strengthen opportunities in Federal contracting for service-disabled veteran owned businesses.

Military Reservist and Veterans Small Business and Opportunity Act In December 2007 President Bush signed into law the Military Reservist and Veteran Small Business Reauthorization and Opportunity Act, Public Law 110-186. This law received strong support from The American Legion who assisted in the writing and lobbying for its passage. Highlights of the bill included:

Proceedings of Wednesday, October 14, 2009 73 • Creating a Pre–application process for Military Reservist Economic Injury Disaster Loan (MREIDL) • Increasing the maximum MREIDL loan to $2 million; • Allowing the SBA to defer loan repayment while a recipient is deployed; • Creating a task force to coordinate attempts to increase Federal contracting opportunities for veteran-owned small businesses; • Increasing funding for the Office of Veterans Business Development to $2 million; • Allows veteran-owned and operated small businesses to extend their SBA program participation time limitations by the duration of their owners’ deployment; and, • Creating additional Veterans Business Outreach Centers.

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 3 Washington Conference, 1-day Business Development Workshop • June 3, 4 and 18 Walter Reed, Heroes to Hometowns Employment and Benefits Fairs • August 22 National Convention Transitional and Benefits Career Fair • August 24 and 25 National Convention, 2-day Business Development Workshop • October 1 Andrews Air Force Base Heroes to Hometowns Golf Classic In October 2008, Economic Division and VA&R Commission set up the 1st Annual “Heroes to Hometowns” Golf Classic. Last year’s event netted $15,000 for the Legacy Scholarship Fund and was a great success. The 2nd Annual Heroes to Hometown Classic was held on October 1, 2009, at the Courses at Andrews Air Force Base. The Departments of DC, Pennsylvania, and Virginia sent Legionnaires to participate in this worthwhile event. Also, in attendance were 15 Wounded Warriors from Walter Reed Medical Center. They were accompanied by the following businesses that were invited by the Economic Division: Cain Contracting, Microtech, JBC Corp., Industrial Maintenance Service, Inc., American Academy of Ophthalmology, Oak Grove Technologies, AMI Hospitality, Inc., AVUE Technologies, Fidelis Partners, LLC, Buei, LLC, The Millennium Group, Halfaker and Associates, LLC, Bank of America, Retirementjobs.com, Chamberlain Construction Corp., Smith-Manus Surety Bonds, HMS Technologies, Inc, URS Corporation, Planned System International, Clark Construction, and MCB Lighting & Electrical. In addition, the National Commander participated in the event and was the keynote speaker at the early dinner buffet. Commander Hill thanked the wounded warriors from Walter Reed Medical Center, veterans, and all of the business owners who attended/sponsored the event. The Heroes to Hometowns Golf Classic was created by the Economics Small Business Task Force. The Business Task Force had three intentions when they started this event: (1) Raise the profile of the Heroes to Hometowns initiative. H2H is a grassroots program offering a framework for The American Legion family to establish a support network in local communities for wounded, ill and injured service men and women and their families as they make the transition home; (2) Promote a sense of camaraderie among veterans in business and in government, veterans leaving the service who may need their assistance, and others who are in a position to or have an interest in helping veterans and their families make a smooth transition; and, (3) To raise funds to benefit

74 Proceedings of Wednesday, October 14, 2009 children of active duty military killed in the line of duty, through The American Legion Legacy Scholarship Fund. This event provided 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. Our goal was to fill the golf course with 72 golfers and we ended up with 74 golfers. Over $25,000 was raised for the Legacy Scholarship fund in this year’s Golf Classic. Listed are winners from the Golf Classic: Closest to the Pin: Arturo Rivera (Dept. of DC) Longest drive: Rafael Delgado (wounded warrior)

1st Place team with 57 (score), Dept. of VA Wayne Sealock Bud Carter Mike Bromley Dan Wilson

2nd Place team with 59 Greg Casten, Fidelis Partners Tony Cibel, Fidelis Partners Rafael Delgado (wounded warrior) Laura Pac (wounded warrior)

3rd Place team with 60 (Dept of VA) Dan Dellinger Bill McGinty Mark Waters R. Hodgens

The Economics Division plans on improving this year’s Golf Classic to provide even greater services to veterans next year. Next year, the Economic 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.

The Department of Veterans Affairs Home Loan Program The American Legion has worked closely with the VA’s Home Loan Program and Congress this past year pushing for passage of legislation that would increase the no- down payment loan from $417,000 to $729,000. Those increases are currently in effect since President Bush signed the Housing and Economic Recovery Act of 2008 (PL110- 289) on July 30, 2008. Other highlights of the bill included: • Increasing VA’s Specially Adapted Housing Program grants from $50,000 to $60,000 • VA home loans for condominiums, cooperative apartments and construct single family homes. • Grants for certain service-connected disabilities. Due to the nationwide mortgage crisis, more service members and veterans are using their VA home loan benefits because the program remains a strong option in today’s troubled housing market. VA is presently experiencing a significant increase in home

Proceedings of Wednesday, October 14, 2009 75 loan volume, with more than 326,000 home loan guaranties provided this year, an increase of more than 31 percent over the same period last year. Many veteran home-owners have found it difficult recently to pay their mortgages; however, VA home loan counselors have been able to reduce the number of defaults by providing free counseling sessions to veterans. The counselors also can assist other veterans with financial problems. VA counselors have helped about 74,000 veterans, active-duty members and survivors keep their homes since 2000, a savings to the government of nearly $1.5 billion.

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.

Addendum A: Resolution Not Approved Hold for Further Study Resolution No. 74 (MA) (2009 NC): Support Veterans Businesses And Establish A Program Supporting Small Business Education And Outreach

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, I move to receive and file the report of the Economic Commission, with the exception of four resolutions and one addendum. NATIONAL COMMANDER HILL: Motion to receive and file. Do we have a second? …Second. NATIONAL COMMANDER HILL: Any discussion? PAST NATIONAL COMMANDER DETWEILER: On the job fairs, just as a matter of information for us, do you get feedback, you have a lot of companies that come to Washington or in Louisville, do you get feedback on the hiring? ECONOMIC COMMISSION CHAIRMAN DELLINGER: Yes, sir, we have. And I would like to have Joseph Sharpe, I think he has some figures on it, or Mark Walker, as to the feedback. ECONOMIC DIVISION DIRECTOR SHARPE (MD): From the Job Fairs that we’ve conducted with recruitmilitary and military.com, they say the average hiring rate is about ten percent. For those job fairs that we’ve done individually the Federal government has come back and told us like Homeland Security, Department of Commerce that about 20 percent of the candidates that they have looked at, look promising. Bank of America gave us some exact figures from the job fair that we did back in Louisville and they hired three individuals. Right now it’s very difficult for them to really capture the number of people that they’ve hired in a timely fashion. We are working with Homeland Security that wants to put a program in place where they can capture those that they’ve hired immediately. But right now it’s still very difficult for them to come back with an exact numbers. But we do follow up on a regular basis to ask exactly how many folks that they’ve hired. So that’s the best answer I can give you at this time. PAST NATIONAL COMMANDER DETWEILER: Thank you. NATIONAL COMMANDER REHBEIN: Any other discussion? All in favor? Opposed? The motion carries.

76 Proceedings of Wednesday, October 14, 2009 Resolution No. 39: Support Licensure And Certification Of Active-Duty And Selected Reserve Personnel Origin: Economic Commission Submitted by: Economic Commission WHEREAS, The Department of Defense (DoD) provides some of the best vocational training in the nation for its military personnel; and WHEREAS, DoD establishes, measures and evaluates performance standards for every occupation with the Armed Forces; and WHEREAS, There are many occupational career fields in the Armed Forces that can easily translate to a civilian counterpart; and WHEREAS, There are many occupations in the civilian workforce that require a license or certification; and WHEREAS, In the Armed Forces, these unique occupations are performed to approved military standards that may meet or exceed the civilian license or certification criteria; and WHEREAS, Upon separation, many former military personnel, 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; and WHEREAS, This situation creates an artificial barrier to employment upon separation from military service; and WHEREAS, A study by the Presidential Commission on Servicemembers’ and Veterans’ Transition Assistance identified a total of 105 military professions where civilian credentialing is required; and WHEREAS, The Post 9/11 GI Bill is not authorized to pay for civilian licenses or to pay for necessary preparatory course work for the credentialing examinations; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion support efforts to eliminate employment barriers that impede the timely and successful transfer of military job skills to the civilian labor market; and, be it further RESOLVED, That the Department of Defense 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; and, be it further RESOLVED, That The American Legion support making the Post 9/11 GI Bill eligibility available to pay for all necessary civilian license and certification examination requirements, including necessary preparatory courses; and, be it finally RESOLVED, That The American Legion support efforts to increase the civilian labor market’s acceptance of the occupational training provided by the military.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This has the approval of your Economic Commission, your Subcommittee on Resolutions, and I so move for its approval. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Proceedings of Wednesday, October 14, 2009 77 Resolution No. 40: Support Additional Housing And Funding For Low-Income And Homeless Veterans Origin: Economic Commission Submitted by: Economic Commission WHEREAS, The Department of Veterans Affairs (VA) officials recently reported on any given night, 131,000 veterans are homeless; and WHEREAS, Veterans are at a greater risk of becoming homeless due to health problems (post traumatic stress disorder, substance abuse issues, mental health disorders), economic issues (extremely low or no livable income), and a shortage of affordable housing; and WHEREAS, While most currently homeless veterans served during prior conflicts or in peacetime, the newest generation of combat veterans of Operation Iraqi Freedom and Operation Enduring Freedom (OIF/OEF), both men and women, are returning home and suffering from war related conditions that may put them at risk for homelessness; and WHEREAS, Over 3,000 homeless veterans from Iraq and Afghanistan have been treated at VA Medical Centers and of that number 8 percent of homeless veterans are women, the fastest growing homeless veterans cohort; and WHEREAS, A growing trend in homelessness among these veterans points to a need to develop a coordinated approach to reduce and ultimately eliminate homelessness among all veterans; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion supports legislation that would authorize the Department of Housing and Urban Development (HUD) to provide housing assistance to private nonprofit organizations and consumer cooperatives to expand the supply of permanent affordable housing for veterans; and, be it further RESOLVED, That The American Legion supports expanding the highly successful HUD-VA Supportive Housing (HUD-VASH) Program, by authorizing 20,000 vouchers annually and making the program permanent; and be it further RESOLVED, That The American Legion supports establishing a grant program that would provide assistance to veterans who are at risk of being homeless; and, be it finally RESOLVED, That The American Legion recommends requiring HUD to submit a comprehensive annual report to Congress on the housing needs of homeless veterans.

Resolution No. 41: Support Amending The Eligibility Criteria For The Transfer Of The Post 9/11 GI Bill Educational Benefits Origin: Economic Commission Submitted by: Economic Commission WHEREAS, Eligible service members can share the Post 9/11 GI Bill education benefits with their immediate families only if they were on active-duty on August 1, 2009; had completed six years of active-duty military service; and committed to serve four more years; and WHEREAS, When Congress passed the new GI Bill, a provision was included to allow the transfer of education benefits to immediate family members; and

78 Proceedings of Wednesday, October 14, 2009 WHEREAS, The Department of Defense wanted to entice troops to reenlist, so the transferability benefit only applies to service members with 10 years of active-duty service or a commitment to serve 10 years; and WHEREAS, A spouse can begin using transferred benefits before the additional four years are served, but children may not use benefits until a service member has completed at least 10 years of service; and WHEREAS, Service members with 10 years of active-duty service or more; who are eligible for the Post 9/11 GI Bill educational benefits; who were not on active-duty on August 1, 2009; and who were prevented from committing to another four years by the Department of Defense; now, therefore, be RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion supports legislation that would authorize all service members with 10 years or more of active-duty service, who are eligible for the Post 9/11 GI Bill educational benefits, but left the Armed Forces before August 1, 2009, be able to use the transferability entitlement to give to their immediate family members.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This has the approval of the National Economic Commission, the Subcommittee on Resolutions, and I so move for its approval. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 42: Support Major Enhancements For The Post 9/11 GI Bill Educational Benefits Origin: Economic Commission Submitted by: Economic Commission WHEREAS, The Post 9/11 Veterans Education Assistance Act was signed into law on June 30, 2008, and was implemented on August 1, 2009; and WHEREAS, Four very different education programs now exist: the Post 9/11 GI Bill, Montgomery GI Bill, Montgomery GI Bill-Selected Reserve, and the Reserve Educational Assistance Program; and WHEREAS, This new Post 9/11 GI Bill goes well beyond helping to pay for tuition and fees; many veterans who served after September 11, 2001, will get tuition and fees, a new monthly housing stipend, and a $1,000 a year stipend for books and supplies; and WHEREAS, The new Post 9/11 GI Bill also gives Reserves and Guard members who have been activated since 9/11 access to same GI Bill benefits; and WHEREAS, However, this new Post 9/11 GI Bill only covers institutions of higher learning and excludes worthy service men and women that deserve this new education benefit; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion supports legislation that would include all Active Guard Reserve members of the United States Armed Forces Federalized under Title 32, United States Code (USC), to be eligible for educational benefits under Chapter 33, Title 38, USC, based on their honorable military service consistent with the terms of that Chapter; and, be it further RESOLVED, That The American Legion supports changing Chapter 33, Title 38, USC, to include apprenticeship programs, flight training, correspondence schools, vocational schools, and on-the-job training programs being completed at any educational or training institution; and, be it further

Proceedings of Wednesday, October 14, 2009 79 RESOLVED, That The American Legion recommends that the allowances at distance learning be similar to those in effect as residential learning; and, be it finally RESOLVED, That The American Legion recommends that VA sustain full tuition and fees reimbursement for veterans attending public undergraduate colleges, while setting a national standard for private and graduate schools.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: This has the approval of the Economic Commission, your Subcommittee on Resolutions, and I so move for its approval. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, attached to this report is Addendum A. I make a motion that the action of the National Economic Commission become the action of the National Executive Committee. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. Thank you, Mr. Chairman. We’ll now call on the national adjutant for announcements.

Announcements Daniel S. Wheeler, National Adjutant The national commander’s dinner honoring the NEC is tonight at the Sheraton City Centre, Indianapolis. 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. Members of the NEC 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 Joyce Wilcher in the back of the room. Joyce, raise your hand. The cutoff for seating requests is as soon as we recess. So if you have the yellow form and you haven’t completed it, please turn it in immediately. Tickets can be picked up after the lunch recess in Marty Justis’ office from Mary Rooney, third floor south. Any member of the NEC who has not yet turned in his conflict of interest form, please do so before you leave today. You can give it to any staff member. Distributed to you on your desk is a report. It’s called Membership Eligibility Study Committee report, Ralph M. Godwin, chairman. And also the 21st Century Committee report. These are historic documents you probably heard them referred to numerous times, but with the turnover in The American Legion in the last 20 years, you may not have ever read them. These are distributed to you, the information is still good for the most part and they’re good things to have, so hereafter when someone says the Godwin report says this about opening eligibility or the 21st Century report says this about having a post wherever there is a high school, you’ll have a copy of it and know what they’re talking about. Whoever has the get well cards, if you would make sure to give them to some staff member, we’ll take care of that. One of those get well cards is for NEC Roberson who was taken ill. And the other one is for a man, who for the last 25 years been standing at the back door wearing a Sons cap who is in his late 40’s and had a pretty bad stroke, and he’s probably going to be disabled for life. But he gave his heart to The American Legion and he was always here at every one of your meetings, and we just want to let him know that you’re thinking of him and you care about him. All donations to the various Legion charities and funds will be accepted immediately following the National Security report, scheduled at 1:35 today.

80 Proceedings of Wednesday, October 14, 2009 One other announcement. All members of the NEC who are NECmen, please go to the fourth lounge outside this door during the lunch recess to get your photograph taken so it can be published in The American Legion Magazine in the January issue. We are getting new photographs from everyone. So even if you’ve had it taken, please go back and get it taken. It will only take you a couple minutes. That completes the announcements. NATIONAL COMMANDER HILL: I have two other announcements, I would like for those of you who don’t know him, introduce may aide, past department commander of Florida, Larry White. (Applause) And we have a birthday in the house. I would like you to join me in singing Happy Birthday to Past National Commander Paul Morin. …At this time the National Executive Committee members sang Happy Birthday. NATIONAL COMMANDER HILL: Please join me in the salute to the Colors. …At this time the National Committee members stood and rendered a salute to the Colors. NATIONAL COMMANDER HILL: We stand in recess until 1:30. …At 11:15 a.m., the National Executive Committee stood in recess.

Proceedings of Wednesday, October 14, 2009 81

Wednesday, October 14, 2009, Afternoon Session

…At 1:35 p.m., the National Executive Committee was called to order by National Commander Clarence E. Hill, and the following proceedings were had. NATIONAL COMMANDER HILL: The meeting will come to order. The Colors in place, hand salute. …The National Executive Committee members stood and rendered a salute to the Colors. NATIONAL COMMANDER HILL: Please rise and welcome the national president of the American Legion Auxiliary, Rita Navarreté. (Standing applause) …At this time National Vice Commander Morris assumed the Chair.

Greetings: National President, American Legion Auxiliary Mrs. Rita Navarreté, New Mexico Commander, may have I have a personal privilege, please? I would like to formally thank the New Mexico delegation, our National Executive Committeeman, T.J. Trevino; our Alternate National Executive Committeeman from my post family home, Prospero Sanchez; the new kid on the block, Department Commander Felix Trujilo. Thank you so much. (Applause) I would like first to thank you for your service. Thank you for the service. Thank you because you were here, but we’ll never forget those who we lost. Thank you for your service, commander. Thank you secondly for the founders to have the foresight to establish us and charge us as the American Legion Auxiliary. The Ladies Auxiliary, which was the first name, and now the American Legion Auxiliary, back on November 10th, 1919, the 90th anniversary. We’re still carrying the same motto: Service, not self. Thank you for our birthday that we’re going to have just real soon. (Applause) We are going to commit the women that I represent, over 850,000, to continue to serve hand-in-hand, age-to-age as we reconnect with our heritage, our strength and our future. It’s ironic that the recent magazine talks about communication. The American Legion Auxiliary is learning from you that we have to do a better job in our organization to get our membership to not only hear what we say, but the key issue is to understand what we are trying to resolve, to pass. So, I thank you for your leadership, because we don’t need to reinvent the wheel. Our leadership needs to pattern after you. And so gentlemen as you sit in those chairs, I want you to truly follow what Clarence has committed to me, that we walk side-by-side. And that was so evident by what we did in the halls of Congress when he gave his testimony. He said, “I want Rita right by my side.” And I knew when to speak and I knew when to take the order, and I learned from him, because he texts faster than I can. I have to sit down and do it. He can do it from one hall to the other hall, okay? (Laughter) And Steve Robertson, thank you for your part in getting that full agenda, so when it was time for me to do a report, I said, “Staff, just look on his daily blog; pull out the highlights and that’s what’s going to be my report.” (Laughter and applause) We’re getting there because guess what, I have Facebook. Clarence made one remark one day, and we would do it at night or whenever we can get to it, he was talking about training or having to do something, and I responded to him in two words: Chill out. You know, I talk a little bit about having some fun, but we have to work. We have a mission to do. No doubt the American Legion Auxiliary members are working the mission. I have only visited four departments, and thank your folks back home in Wyoming, in Michigan, South Carolina, and Indiana. In South Carolina I was reminded,

82 Proceedings of Wednesday, October 14, 2009 “Slow down, Miss Rita. Slow down.” This tree that I wear, I’m wearing it now on every lapel, because it just reminds me that we need to slow down. Our membership theme is based around whistle stops, the old locomotive here is the tradition of the American Legion Auxiliary, the foundations, the bullet train over here because to change you have to have growth, or for the growth you need to have that change. I see the connection there that we’re on the same track. We’re going to get over there a little bit faster if you’re on the bullet train. This one will still get you there, but a little bit slower. And I had a staff person tell me, and I had a member tell me, a department president tell me, but you know in that process, don’t go too fast that you jump off the track. How cool is that? And like my grand-kids, how sweet is that? So I told staff, because we’ve got some changing to do, we have got the AmeriCorps VISTA employees. I correct that. They are volunteers, but the federal grant that we got in 90 days pays them out of the stimulus fund package. It’s unheard of to get a grant from the federal government in 90 days. And our Washington director, with our new national executive director, did it. They did it as a team. So you want more information? Contact the staff. And I only make that analogy because I believe in tradition. I’ve been in this organization since I was 14 years old, but I learned you have to do it as a team. And I praise my mom and dad for instilling in me not only a good work ethic, but the personal attributes that I bring to the table. I’m a caring and kind person, but I also believe that business must go on. And I can’t do it alone, and you have the Legion Family and I just—Larry, where are you Larry? In the back. You talk about an ambassador that you have with you, he’s not only talking, he is walking the talk of taking care of the American Legion Auxiliary’s national president this year. Last night we had a debriefing on many issues and learned a lot. The Far East trip is all planned because they did it for us. My husband, Tony, department adjutant in New Mexico, he’s already home. My homecoming is coming this weekend. So with that I will just close that we need to continue to be that Legion Family. We need to support each other. Phil Onderdonk has been right at our side giving us those legal opinions, and we do appreciate that. So thank you, God bless. God bless America. (Standing applause) …At this time National Commander Hill resumes the Chair. NATIONAL COMMANDER HILL: Okay. We are you ready for National Security, Mr. Chairman, Fang Wong.

Oral Report: National Security Commission Fang A. Wong, New York, Chairman Mr. Commander, members of the National Executive Committee, fellow Legionnaires. Good afternoon. Before I start, I would like to introduce the newest member of the National Security and Foreign Relations Division, Deputy Director Sam Gilmore. Sam started with the National Security and Foreign Relations Division about three weeks ago, and he came over from the VA&R Division. Please welcome Sam Gilmore. (Applause) You all have a copy of the National Security Commission’s report before you, so I’m not going to read it for you. I will briefly highlight some of the important issues that you need to pay attention to. The commission met on Monday for our business session. A total of 10 resolutions were considered. Five are recommended for approval. Of the other five resolutions, one was received and recorded; one was referred to Americanism; one is being held for further study, and two were rejected. As an issue of importance, the highest priority, The American Legion support for the war on terrorism continues to be dominant this year. However, due to the presidential

Proceedings of Wednesday, October 14, 2009 83 election of November, 2008, and the subsequent change of administration earlier this year, the commission has conducted a review of Resolution 169. The commission now recommends for the approval of the rescinding of Resolutions 169, and replace it with a new Resolution No. 1, Subject: Support For The War On Terrorism. The commission also voted to recommend The American Legion to fully support the Department of Defense current personnel policy of “Don’t Ask; Don’t Tell.” This particular resolution was necessitated by President Obama’s recent comment concerning the ending of the Department of Defense “Don’t Ask; Don’t Tell” policy. Now, as you heard from our commander earlier this morning, the FY 2010 budget hasn’t been finalized, but we have already received some bad news. So what I would like to do is give you a good news to counteract the bad news. The good news is they authorized a 3.4 percent pay raise for our active duty, Guard and Reserve forces. That’s compared to the administration’s proposal of 2.9 percent. Another piece of good news, they have a provision in there that no TRICARE inpatient care copay increases for FY 2010. Another one, they authorized additional 30,000 troops for the Army, 15,000 more than the administration proposed, and then an additional 30,000 in FY 2011, and FY 2012. However, that is provided that the Pentagon budgeted for the end strength for those increases. Now the bad news, our commander earlier mentioned the drop of the House plan to phase out disability offset to retired pay for medically retired members. Like the Senate initiative to repeal the deduction of VA survivor benefits from military SBP, survival benefit plan, annuities for lack of funding offset. Also, they dropped the Senate-passed provision expressing the sense of Congress that military retirement and health care benefits are the primary offset to the extraordinary demands and sacrifice inherent in the military career. Mr. Commander, you are to be commended for your great reaction and leadership provided as you have already taken steps to counteract and urge Congress to reconsider, so I thank you for your leadership, sir. The National Security Commission Ad Hoc Committee on TRICARE held two meetings during the month of August and September to conduct research on ways to protect and improve TRICARE. A detailed report should be included in your packets, so please take some time to read it because this particular area is the area that The American Legion hasn’t really gotten into a whole lot, we’re lacking in a lot of knowledge in that area. And that’s the reason why the ad hoc committee was put together and we’re continuing to research and study hopefully in due time we’ll come out with some good policies and suggestions for the administration to protect and improve the TRICARE for our reserve, retirees, active duty, and DoD personnel. I would like to express our appreciation on behalf of the National Security Commission members to Past National Commander Bob Spanogle, I think Bob’s back there somewhere. Thank you, sir, for your effort to put together a wonderful trip for us yesterday. About 38 members took the field trip to Muscatatuck Urban Training Center, and also to Camp Atterbury. It was a wonderful trip. The weather was very nice so we had a wonderful time. Thank you for your assistance and your cooperation in connection with the National Guard. In closing, as my tenure of Chairman for National Security comes to an end, I would like to express my gratitude to the National Security & Foreign Relations Division staff for their wonderful support for the last two years, and also for your support, Mr. Commander, for your confidence in me to have the honor to run the commission for the last two years. So, thank you, and may God bless you. May God bless The American Legion, and may God bless America. Sir, this completes my report. (Applause)

84 Proceedings of Wednesday, October 14, 2009 Report: National Security Commission October 12, 2009 Fang A. Wong, New York, Chairman An executive session of the National Security Commission met in the Circle West Room of the Sheraton Hotel on October 12, 2009 to consider resolutions properly before it and to conduct other business. A total of ten resolutions were considered, five are recommended for approval. Of the other five resolutions, one was Received and Recorded; one was Referred to Americanism; one is being held for further study and two were rejected. National Security and Foreign relations Deputy Director, Sam Gilmore briefly outlined key provisions in the Fiscal Year 2010 National Defense Appropriations budget. Division Director Phil Riley clarified the finer points of the Defense Authorization Bill concerning military health care. In addition to the resolutions that were originally on the agenda, Commission Chairman Fang Wong opened a discussion on comments that were made by President Obama on Saturday. The President spoke before a group of gay rights advocates and stated, “I will end Don’t ask; Don’t tell.” As a result, the National Security Committee motioned to affirm The American Legion’s position on the subject. Many viewpoints were discussed but the consensus among the National Security Commission members was that the current national policy (“Don’t ask; Don’t tell”) is sufficient. A new resolution was drafted that is consistent with this policy. Among the topics that were addressed in the meeting was healthcare for military families. The American Legion established an Ad Hoc Committee on TRICARE which met for the first time on August 5, 2009 at the American Legion Headquarters in Washington D.C. The committee’s second meeting was held on September 28, 2009. The report on military healthcare published by this committee is attached.

DOD FY2010 Request On May 7, 2009 the President sent to Congress a proposed defense budget of $663.8 billion for fiscal 2010. The budget request for the Department of Defense (DoD) includes $533.8 billion in discretionary budget authority to fund base defense programs and $130 billion to support overseas contingency operations, primarily in Iraq and Afghanistan. The proposed DoD base budget represents an increase of $20.5 billion over the $513.3 billion enacted for fiscal 2009. This is an increase of 4 percent, or 2.1 percent real growth after adjusting for inflation. The fiscal 2010 budget proposal will end the planned use of supplemental requests to fund overseas operations, including Operation Iraqi Freedom and Operation Enduring Freedom. The inclusion of these expenses as a separate category in the department’s annual budget request will ensure greater transparency and accountability to Congress and the American people. The budget will also request funds in the base that were previously in supplemental for programs such as those supporting our military families and providing long-term medical care to injured service members. The nation’s attention has been focused primarily on the economy. Unemployment is expected to reach 10 percent by the end of the year and there is still instability in the stock market and the housing industry. In addition, the rising cost of health care, which has been a growing concern for many Americans, is now a part of part of a broader discussion about the economy. During this challenging period we must urge congress to fully fund the United States military. Our nation’s vital interests are at risk around the world. Terrorism simply must be defeated. As threats from rogue nation-states continue to grow, North Korea, Pakistan, and Iran quickly come to mind as countries that threaten the security of the U.S. and our allies. Russia must also be closely monitored as it reemerges as a world power. We must remain diligent in our effort to protect our interests over-seas as we also strive to protect

Proceedings of Wednesday, October 14, 2009 85 our borders here at home. Today the violence along our Mexican border has escalated to unprecedented levels. 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. The Commission should support some of the proposed increases in the 2010 budget. Specifically, the $20.5 billion increase above the Department of Defense FY09 base budget, the $4.5 billion increase for modernization, the $13.2 billion increase for military pay and healthcare, and a $4.5 billion increase for readiness and support. The commission should be concerned about the following proposed cuts. • Reduce by $1.4 billion the missile defense agency. • The 2.1 billion decrease in the proposed budget for military family housing and facilities. As we contend with the difficult challenges of the war on terror, we must urge our government to continue to proceed on the path of transforming America’s armed forces into a modern force capable of providing for the security of all Americans, strengthening and expanding military capabilities, and in honoring America’s commitments worldwide as well as on the home front. On Tuesday, October 13, the National Security and Foreign Relations Commission members went on a field trip to Muscatatuck Urban Training Center and Camp Atterbury at the invitation of the commander of the joint forces headquarters, General R. Martin Umbarger. The tour included a briefing on the operations conducted at the facility’s critical training areas. The facility provides urban warfare and maneuver training t U.S. Army personnel for the Global War on Terror along with FBI and SWAT Teams. This field trip provided the participating Legionnaires with a first hand view and briefing of one of the most modern urban warfare and security training facilities in the United States. The National Security Commission looks forward to working with National Commander Hill 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 Hold for Further Study Resolution No. 96 (KY) (2009 NC): Disrespectful Exploitation of Military Insignia

Received and Recorded Register Resolution No. 2621 (CA) (DEC): Water Ports of Entry

Rejected Resolution No. 42 (OH) (2009 NC): Support for Military Families in 2010 Resolution No. 56 (NY) (2009 NC): Mandate Four Day Delivery of All Military Absentee Ballots

Referred to the Standing Commission on Americanism Resolution No. 31 (ID) (2009 NC): No Welfare for Illegal Immigrants

86 Proceedings of Wednesday, October 14, 2009 RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, motion to receive and file the report with the exception of five resolutions and one addendum. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 1: Support For The Global War On Terror Origin: National Security Commission Submitted by: National Security Commission WHEREAS, The American Legion is an organization of wartime veterans created by an act of the United States Congress in 1919; and WHEREAS, The American Legion’s membership is composed of veterans of all wars, the majority of which are Vietnam veterans who have endured the consequences of a nation divided in time of war; and WHEREAS, Warriors, above all other people, pray for peace, for they must suffer and bear the deepest wounds and scars of war; and WHEREAS, Because of the very nature of war, the warrior cannot be separated from the war itself; and WHEREAS, The United States of America was suddenly, and without provocation, attacked by terrorists on September 11, 2001, resulting in the deaths of thousands of innocent civilians and members of the military of the United States; and WHEREAS, This tragic event does not stand alone, 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, In response to this despicable act of cowardice, a united Congress in a bipartisan manner authorized the use of armed force against the global armies of terrorism no matter where they reside; and WHEREAS, Recognizing that the global war on terrorism is as deadly as any war in which the United States has been previously engaged, the President and Congress did authorize military actions in both Afghanistan and Iraq; and WHEREAS, The global war on terrorism is a just war, aimed at protecting the very foundations of freedom and freedom-loving people everywhere; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion fully supports the men, women and leadership of our armed forces as they are engaged in the global war on terrorism; and, be it further RESOLVED, That The American Legion urges all Americans and freedom- loving peoples everywhere to stand united in their support of the global war on terrorism, and united in their support of the troops who are engaged in protecting our values and way of life; and, be it finally RESOLVED, That the National Commander be, and is hereby authorized, to use whatever means at his disposal to disseminate accurate information about this war on terrorism, and to engage whatever means necessary to ensure the united support of the American people.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This resolution is approved by the National Security Commission, your Subcommittee on Resolutions, and I so move. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Proceedings of Wednesday, October 14, 2009 87 Resolution No. 33: Rescinding Of National Security Non-Legislative Policy Resolutions Origin: National Security Commission Submitted by: National Security Commission WHEREAS, In accordance with resolutions of the 1959 and 1960 National Convention, the National Executive Committee, through its Program Study Committee, has caused to be made a review of all non-legislative policy resolutions, and such action has been taken in further conference with the action of the 1936 National Convention which established policy on the life of such resolutions; and WHEREAS, The National Security Commission has concluded a review of National Executive Committee and National Convention resolutions relating to the National Security Program; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That the following resolutions be and they are being rescinded by reason for (1) being obsolete, (2) accomplishment of purpose, (3) being superseded by later resolutions, (4) being in conflict with later resolutions, (5) being duplicated by later resolutions, (6) having no value because of later changes in program; and (7) for other reasons

RES. NO./ORIGIN TITLE (BRIEF) REASON Res. 169 NC Aug 2008 Support For The War #3—Superseded by Res. 1 On Terrorism NEC October 2009

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This has the approval of your National Security Commission, your Subcommittee on Resolutions, and I so move. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 34: The American Legion Supports Department Of Defense “Don’t Ask; Don’t Tell” Policy Origin: National Security Commission Submitted by: National Security Commission WHEREAS, The American Legion is an organization of wartime veterans created by an act of the United States Congress in 1919; 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 American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion fully supports the Department of Defense’s current personnel policy of “Don’t Ask; Don’t Tell.”

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This has the approval by your National Security Commission, your Subcommittee on Resolutions, and I so move. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

88 Proceedings of Wednesday, October 14, 2009 Resolution No. 35: Military Families Affordable Housing Qualification Origin: National Security Commission Submitted by: National Security Commission WHEREAS, The American Legion continues to support quality-of-life issues for service members and their family members; and WHEREAS, Military families are subject to frequent reassignments and lengthy separations; and WHEREAS, Military family housing is limited; affordable off-base family housing continues to be a problem in most military communities; and WHEREAS, The American Legion seeks to improve the off-post housing challenges routinely faced by service members and their families; and WHEREAS, Military base pay is received by all service members and is the main component of an individual's salary; and WHEREAS, Other monetary consideration (such as Variable Housing Allowance), is typically referred to as special allowances; such allowances are for specific circumstances which are subject to change; and WHEREAS, The Tax Credit Reform Act of 1986 created the Low Income Housing Tax Credit Program (LIHTC); and WHEREAS, As a condition for receiving Housing Tax Credits, builders must provide some units within a large apartment complex and/or development affordable; and WHEREAS, Affordable rents are defined and calculated based on Median Household Income figures published annually by the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, In many instances service members’ basic pay plus special allowance will exceeded the HUD Income levels standard, thus disqualifying their consideration for off-base affordable housing; and WHEREAS, Some exceptions to the HUD income rules already exist; and WHEREAS, As a nation at war, every effort should be made to assist service members and their families, especially those with limited resources; now, therefore, be it RESOLVED, by the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion supports amending the Tax Credit Reform Act of 1986 to authorize the use of a military service member’s base pay alone, when determining eligibility for affordable housing built under the Low Income Housing Tax Credit Program.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This is approved by your National Security Commission, your Subcommittee on Resolutions, and I so move. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 36: Priorities For Military Health Care And Wounded Warrior Care Origin: 2009 NC Resolution No. 49 (MD) Submitted by: National Security Commission WHEREAS, In past years, The American Legion has sought full funding for the Defense Health Program to ensure both military readiness and beneficiary needs are met, regardless of age, status or location; and WHEREAS, Likewise, The American Legion advocates the best possible care and assistance for Wounded Warriors and their families: Current law authorizes three years of active-duty level TRICARE coverage for all service members medically retired for service-caused conditions but only if that care is not “reasonably available” in the VA;

Proceedings of Wednesday, October 14, 2009 89 this care should be mandatory, not subject to potentially conflicting definitions; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion supports full funding for the Defense Health Program to ensure both military readiness and beneficiary needs are met, regardless of age, status or location; and, be it finally RESOLVED, That The American Legion advocates continued fully funded military health care to include the following provisions: Authorize compensation for family members who have to leave their careers to become caregivers to Wounded Warriors; ensure consistent care and coverage for Wounded Warriors of all services and components; and priority must be given to building a comprehensive DOD and VA plan for de-stigmatization, identification and treatment of combat- stress-related conditions and traumatic brain injury, including counseling for family members.

RESOLUTIONS SUBCOMMITTEE MEMBER KILE: This is approved by your National Security Commission, Resolutions Subcommittee, and I so move. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. RESOLUTIONS SUBCOMMITTEE MEMBER KILE: Attached to these resolutions is Addendum A, and I move the action of the National Security Commission be the action of the NEC. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. Thank you Mr. Chairman. I’ll now take any donations that anyone may have for any of The American Legion programs. …At this time National Vice Commander Schumacher assumed the Chair. DEPARTMENT COMMANDER BARBOUR (MA): Commander, on behalf of the Department of Massachusetts, we’re pleased to present you a check for a $1,000 for Comfort Warriors. DEPARTMENT COMMANDER NEWMAN (IN): I’m Bob Newman, commander of the great State of Indiana, we have three checks for you today, commander. One check for the Childrens Miracle Network, the Riley Foundation, for $3,200. Another check to the National Emergency Fund for $5,000. Child Welfare Foundation for $11,200. DEPARTMENT COMMANDER SOCHA (PA): Commander, from the great State of Pennsylvania, for Operation Comfort Warriors, $2,000. …At this time National Commander Hill resumed the Chair. NATIONAL COMMANDER HILL: That was $22,400, so thank you all very much. (Applause) Children and Youth, Chairman Dennis Boland from Florida.

Oral Report: Commission on Children & Youth Dennis R. Boland, Florida, Chairman The National Commission on Children & Youth met at the Sheraton Hotel on Monday and Tuesday, October 12th and 13th, 2009. The commission heard a special presentation about Riley Hospital For Children located here in Indianapolis, and took a tour of the hospital. Since 1999 The American Legion has contributed nearly $25 million to the Children’s Miracle Network, more than $299,000 last year alone. These funds are used by Children’s Miracle Network hospitals to best serve the specific needs of children in

90 Proceedings of Wednesday, October 14, 2009 their respective communities. The commission encourages all Legion family members to participate in the community based fundraising efforts to support the Children’s Miracle Network hospitals. The commission examined our Children & Youth materials, the Make Halloween a Safe and Fun Night continues to be our most popular publication with nearly 67,000 brochures distributed to posts, units, squadrons and individuals during the 2008-2009 program year. In total during the time period, the commission distributed over 440,000 brochures and certificates to assist posts in serving the children of our communities. As of October 10th, the Temporary Financial Assistance program has processed 396 cases, granted $385,737, and assisted 878 children of veterans. For the 2008-2009 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 over $19 million in expenditures and contributions. On Sunday, The American Legion Child Welfare Foundation awarded $636,869.75 to 19 non-profit organizations. Summaries of these grants are contained in your written report. Foundation grant awards since 1954 now total over $10.7 million. The third annual National Children & Youth Conference was held September 18th to 20th, educating 101 Legion Family members and representatives from 51 departments on current children’s issues and the programs of the National Commission on Children & Youth. Participants are now equipped with the resources for conducting Children & Youth programs and conferences within their own departments. Our Children & Youth programs work best when members of the Legion Family work together. Encourage your Children & Youth representatives from the Auxiliary and Sons of The American Legion to consider joining us next year, September 17th through the 19th for what promises to be another informative weekend. 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 October 12-13, 2009 Dennis R. Boland, Florida, Chairman The National Commission on Children & Youth met at the Sheraton Hotel City Centre, Library Room, 21st Floor in Indianapolis, Indiana on Monday and Tuesday, October 12-13, 2009. The meeting was convened at 9:00 a.m. and the roll was taken. Following opening remarks, the minutes of the National Convention meeting were reviewed and approved. The Commission heard one special presentation.

Riley Hospital for Children Greg Williamson, Assistant Vice President, Development, Riley Children's Foundation briefed the Commission on Riley Hospital for Children, a member of Children’s Miracle Network Hospitals. Mr. Williamson cited examples of organizations’ support for Children’s Miracle Network Hospitals and how those dollars directly benefit children. The need is great. For example, Riley Hospital serves over 200,000 patient visits per year. Following the presentation the Commission toured Riley Hospital for Children.

Children’s Miracle Network Children require specialized medical care and attention that only children’s hospitals can provide, and Children’s Miracle Network hospitals are committed to treating every

Proceedings of Wednesday, October 14, 2009 91 disease and injury imaginable. This comprehensive, round-the-clock commitment means Children’s Miracle Network hospitals need to have the skills, equipment and staff available at anytime. The funds contributed by The American Legion ensure that the best care is available whenever children need it and through our continued support, we are truly making miracles happen. Since 1999, The American Legion has contributed nearly $25 million for Children’s Miracle Network, more than $299,345 last year alone. These funds are used by Children’s Miracle Network hospitals to best serve the specific needs of children in their respective communities. During the 2009-2010 program year, the Commission encourages all Legion Family members to participate in community-based fundraising efforts in support of Children’s Miracle Network hospitals. As a corporate sponsor of Children’s Miracle Network, The American Legion helps touch the lives of 17 million children across America 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 67,000 brochures distributed to Posts, Units, Squadrons and individuals during the 2008—2009 program year. This unique brochure 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 2008-2009 program year, the Commission distributed 439,868 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 2008-2009 program year, the National Organization approved cash grants totaling over $646,981. These funds were used to help maintain the basic (shelter, utilities, food, and clothing) and medical needs of 1,344 children of eligible veterans located in communities throughout this nation.

Annual Children & Youth Conference The third annual national Children & Youth Conference was held on September 18- 20, 2009 at the Sheraton Hotel in Indianapolis. This conference educated 101 Legion family representatives from 51 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 memorable and informative weekend.

Children & Youth Expenditures & Contributions Annually, as it has for the past 86 years, the Commission on Children & Youth records activities from the nearly 14,000 Posts of The American Legion, 10,000 Units of the American Legion Auxiliary, and hundreds of Salons of the Eight and Forty. In addition, the expenditures of Departments and of the National Organization are obtained for the 12-month period of June 1, through May 31, and combined with these reports.

92 Proceedings of Wednesday, October 14, 2009 For the 2008-2009 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 $19,054,163 in expenditures and contributions.

American Legion Child Welfare Foundation, Inc. The American Legion Child Welfare Foundation, in its 55th year, has awarded $636,869.75 to19 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 11, 2009. The following is a brief summary of the grants awarded this year: American Legion Children’s Home of Ponca City, OK was awarded $41,000 for their project “American Legion Children’s Home National Awareness Initiative Phase II.” This grant will support an endeavor to increase the awareness of the American Legion Children’s Home which was established to support the children of veterans families by campaigning to increase support and expand services to children in need. The American Legion Auxiliary and the Sons of The American Legion sponsor this grant. American Legion of Nevada of Las Vegas, NV was awarded $3,037.25 for their project “Hear Today- Learn Tomorrow (HT-LT).” This grant will: develop and distribute letters requesting discount services from medical providers and hearing aid manufactures for participants in the HT-LT program, produce information sheets about the availability of support to families of hearing impaired children, and produce public service announcements related to HT-LT program. Boys Scouts of America, Exploring Program Denver, CO was awarded $35,717 for their project “Experience 9 to 5.” This grant will produce 12,000 course catalogs, 31,200 flyers and 90 posters associated with the Experience 9 to 5 program. Childhood Leukemia Foundation of Brick, NJ was awarded $48,000 for their project “Hope Binders.” This grant will print and ship 1,600 Hope Binders to 160 hospitals nationwide to be given to families facing the diagnosis of childhood cancer. The American Legion Auxiliary sponsor this grant. Children’s Hospital of the King’s Daughters (CHKD) of Norfolk, VA $30,050 for their project “A Guide to Chest Wall Deformities in Children: Info. for parents, patients and physicians.” This grant will develop and distribute “A Guide to Chest Wall Deformities in Children: Information for parents, patients and primary care physicians” as a CD- ROM to better educate families and physicians. The Sons of The American Legion sponsor this grant. Children’s Institute, Inc. of Rochester, NY was awarded $30,500 for their project “Building Connections for Military Families through Play.” This grant will provide the DVD “Possibilities of Play: Building Connections through Play” to schools and community agencies that work with children and families in the military. The American Legion Auxiliary sponsor this grant. Cornelia de Lange Syndrome Foundation of Avon, CT was awarded $16,744 for their project “Cornelia de Lange Syndrome Screening Checklist for Medical Professionals.” This grant will create a CdLS Screening Checklist and distribute it nationally to 16,000 pediatric offices. Diabetes Education and Camping Association of Huntsville, AL was awarded $25,000 for their project “‘Ready, View, Go’—Diabetes Camp Web Training Project.” This grant will produce diabetes training videos that will prepare camp directors and staff how to handle diabetes issues in a camp setting. Juvenile Diabetes Research Foundation of New York, NY was awarded $39,500 for their project “I’m Aaron and I’m Bionic.” This grant will produce 4,000 DVDs that will educate teachers, classmates and friends about the history of treatment for type 1 diabetes

Proceedings of Wednesday, October 14, 2009 93 and the newest innovation, the artificial pancreas. The American Legion Auxiliary sponsors this grant. Mercy Medical Airlift of Virginia Beach, VA was awarded $45,700 for their project “Child Health Program—Info Dissemination Upgrade.” This grant will provide five modernized and updated websites and a full social media presence providing full information dissemination to the public and pediatric medical world regarding available charitable child patient long-distance medical air transportation. The Sons of The American Legion sponsors this grant. The MY HERO Project of Laguna Beach, CA was awarded $28,872.50 for their project “The MY HERO Report—Youth Edition, Volume Two.” This grant will research, produce and distribute training videos for students to tell their own hero stories through video and filmmaking. National Center for Learning Disabilities (NCLD) of New York, NY was awarded $45,500 for their project “Empowering Parents to Advocate for their Children with Learning Disabilities.” This grant will revise and enhance NCLD website to ensure parents of children with learning disabilities are aware of their children’s rights and inform parents that they can advocate for them. National Exchange Club Foundation of Toledo, OH was awarded $25,000 for their project “Child Abuse Prevention Kits.” This grant will produce, print and distribute 1,000 Child Abuse Prevention kits, expand and enhance website and purchase promotional items. National Reye’s Syndrome Foundation of Bryan, OH was awarded $38,200 for their project “Reye’s Syndrome/Influenza Awareness School Mailing.” This grant will mail postcards to 131,377 schools across the U.S., directing school nurses and health care givers to the website to download handouts, brochures, bookmarks, literature, list of products containing aspirin and wellness information and distribute it to students to take home to parents and caregivers. The American Legion Auxiliary sponsor this grant. PKS Kids of Florissant, MO was awarded $29,500 for their project “Recognizing A Pallister-Killian Child.” This grant will, through a direct mail campaign, raise awareness of Pallister-Killian Syndrome by 50,000 pediatric doctors. SADD, Inc. (Students Against Destructive Decisions) of Marlborough, MA was awarded $54,549 for their project “SADD’s Parents’ Corner Program.” This grant will redesign the website and integrate a new feature called the “Parents’ Corner,” which will offer practical advice, tips and information to parents, teachers, school staff, coaches, summer camp professions, and other caring adults to enhance adult/teen communication. The Sons of The American Legion sponsor this grant. Spina Bifida Association of Washington, DC was awarded $40,000 for their project “Faces of Spina Bifida.” This grant will product “Faces of Spina Bifida,” a social network for children with Spina Bifida designed to facilitate peer-to-peer support. Tourette Syndrome Association, Inc. of Bayside, NY was awarded $25,000 for their project “The Tourette Syndrome Youth Ambassador Program: Kids Teaching Kids.” This grant will create and produce presentation kits to be used by Tourette Syndrome sufferers as they educate a nation of children about what Tourette Syndrome is and is not. Tragedy Assistance Program for Survivors, Inc. (TAPS) of Washington, DC was awarded $35,000 for their project “TAPS Children’s Grief Kit and Interactive Website.” This grant will produce 5,000 Caisson Horse/Comfort Book packages and website, for children who have lost a parent serving in the military, to assist them understand their grief. The Sons of The American Legion sponsor this grant.

94 Proceedings of Wednesday, October 14, 2009 Resolution Resolution No. 25, Subject: “Support For Help Us Learn…Give Us Hope, Inc.,” originated from the Department of Kansas and was referred to the Standing Commission on Children & Youth by the Convention Committee on Children & Youth during the 2009 National Convention in Louisville, Kentucky. This resolution sought support for Help us Learn…Give us Hope, Inc. whose mission is to support Iraqi and Afghan school aged children by providing basic school supplies and sponsorship. The Commission recommends that this resolution be dealt with administratively. 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.

Addendum A: Resolution Not Approved Disposed of Administratively Resolution No. 25 (KS) (2009 NC): Support for Help Us Learn…Give Us Hope, Inc.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, motion to receive and file the Children & Youth report, with the exception of one addendum. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. RESOLUTION SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Commander, attached to this report is Addendum A. I move that the action of the Children & Youth Commission become the action of the National Executive Committee. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. Thank you Dennis. We’ll now hear from the Veterans Affairs and Rehabilitation Commission, K. Robert Lewis, Connecticut, chairman.

Oral Report: Veterans Affairs and Rehabilitation Commission K. Robert Lewis, Connecticut, Chairman Mr. Commander, national officers and members of the National Executive Committee. Good afternoon. Before I begin, I want to take this opportunity and thank the NEC for honoring our fallen comrade, ‘Skeeter’ Jones, this morning, DSO Wyoming. A card is being passed around to express condolences to his family. After you have had an opportunity to sign it, I would ask that you return it to Mr. Todd White in the back of the hall, and we’ll pass it on. Thank you very much. I want to associate myself with the remarks made by Commander Hill this morning in discussing the status and the challenge facing America’s veterans regarding VA health care and benefits, and encourage each of you to do so. Your VA&R Commission met at the Sheraton Hotel on October 12-13, 2009. Eleven resolutions were considered. One of these resolutions, number 8, continuing at no increase in cost to The American Legion was addressed this morning, which is a longstanding agreement with the National Veterans Legal Service Program. Ten others have been forwarded to the NEC for your consideration.

Proceedings of Wednesday, October 14, 2009 95 The commission took great pride in recognizing Alaska Department Service Officer Leon Bertram upon his retirement. Your VA&R Commission discussed several key issues as are presented in your written report. I would like to bring several to your attention. One that just happened last night and congratulations to the staff. Advance appropriations, last night the Senate cleared a bill, HR1016 by voice vote that would authorize appropriations for the Department of Veterans Affairs medical care programs one year in advance of the start of each fiscal year. In layman’s terms, that is advance funding. The House of Representatives passed this measure on June 23rd. The American Legion; VFW; DAV; AMVETS; Blinded Veterans Association; Jewish War Veterans; Military Order of the Purple Heart, PVA and DVA had all joined forces in support of changing VA medical care from discretionary to mandatory. The goal is to help stabilize VA medical care funding by using a system similar to Social Security and Medicare. Advance appropriations is a positive step. The partnership is placing emphasis on sufficiency, timeliness and predictability of VA’s annual appropriations. Thank you all for your support and the next step is having President Obama sign this legislation. It’s my understanding that the national commander has drafted a letter to President Obama thanking him for his previous support of advance funding and encouraging him to sign this legislation. Your VA&R Commission is concerned about the pace of Congress in addressing Medicare reimbursement issues, and as presented, resolution 38 affirming our position that VA health care programs must continue to be enhanced and expanded to serve the needs of generations of American’s who have donned the uniform of the United States military in service to this nation. Under the System Worth Saving Task Force efforts, we are refocusing efforts for our field service staff. First, field service representatives will be researching GAO reports, previous IG inspection reports, and news articles, in order to identify issues at the VA medical centers within their assigned scope of responsibility. This will promote a better situational understanding and preparation prior to the System Worth Saving Task Force visits to specific VA medical centers. Secondly, we are asking our field service reps to work with the National Security and Foreign Relations in an outreach to military families, active duty, National Guard and Reserve units. The focus of the field service reps will be for initial information gathering and point of contact information for The American Legion Family to rapidly transition this information and contacts to local volunteers. Local volunteers, that’s all of us and all our posts. Long term health concerns of veterans and citizens potentially exposed to tactical herbicides at multiple test sites was discussed following a call from the Arkansas department commander concerning the 1967 Agent White, Blue and Orange testing at Camp Chaffee, Arkansas. A copy of the report on the history of the U.S. Department of Defense for the testing and evaluation and storage of tactical herbicides was released in 2006. VA&R staff are continuing to monitor this issue and to ensure that any veterans affected are able to access VA benefits and file claims. Volunteering. In FY 2008 The American Legion had 6,105 volunteers that provided over 909,000 hours of service, a cost saving of $17 million to the Department of Veterans Affairs and personal contact with our fellow veterans. The VA&R Division has sent a request to each of your departments to submit a candidate for male and female VA Volunteer of the Year Award. We ask for your consideration and encouraging your staff at the department level to get those back to us. It vitally important to recognize the good work that our volunteers provide to our community, state, and nation.

96 Proceedings of Wednesday, October 14, 2009 Recently the VA&R Division has expanded its volunteer programs into the community deeper with seven partnerships with Right to Recovery; Habitat for Humanity; Rebuilding Together; Honor Flight; Veterans for Valor; Operation Homefront, and VA Suicide Prevention and Referral program. I encourage you as leaders to stay informed on these volunteer opportunities and share the information with your fellow Legionnaires. Comrades, resolution number 26 adopted at the Spring NEC, mandated the creation of an ad hoc committee to explore all viable options available to ensure proper representation is provided to more than 110,000 claimants represented by The American Legion at three VA Pension Maintenance Centers (PMC) nationwide. The committee met and offered three recommendations as possible solution. Number one, establish a national representative position at each PMC dedicated solely to PMC representation. Funding of this position would be shared by the departments based on the actual number of PMC cases per each department. Number two, establish a national representative position at each PMC dedicated solely to PMC representation funded entirely by the national organization. Number three, take no action. Maintain current status quo of the department service officers located at the three PMC’s assisting PMC claimants in providing limited representation based on available resources. The pros and cons of each of these recommendations are included in your packets. While preferred options exist, the entire scope of staffing responsibility and resources must be considered prior to appropriate corrective action being taken. Corrective action will be taken. The American Legion VA&R Commission remains focused on providing professional representation for the veterans and claimants whose power of attorneys we hold. Comrade Commander, I would ask that you recognize PNC Ron Conley to offer a report on the work of the ad hoc committee.

NATIONAL COMMANDER HILL: I will allow Past National Commander Ron Conley to be recognized. PAST NATIONAL COMMANDER CONLEY: Members of the National Executive Committee. Several members made up the ad hoc committee, and I would like to at this time acknowledge them and Past National Commander Joe Frank, we had Tom Ludka, Department Service Officer; Randy Tesdahl, Department Service Officer; John Katz Department Service Officer. A lot of discussion about that because we realized we’re a veterans organization not made up like the DAV where they have national service officers. The American Legion took a position in this room going against the PMCs. That’s the Pension Management Centers. But the VA felt in their wisdom that this would be the best way to handle the claims. The problem is, all the pension claims, aid and attendance claims, at least in the northeast area are going to Philadelphia. Forty percent of the claims that are handled with The American Legion service officer as their representative are claims outside the State of Pennsylvania that now puts the burden on the service officers in the Philadelphia regional office. We have the same problem in two other centers throughout the country. Now, we do have a setup where we have one national representative that’s helping to deal with these claims that The American Legion represents. But it puts a tremendous problem on The American Legion as a whole in trying to get proper adjudication of all these claims because of the situation some of the service officers say well, that’s not my claim, that belongs to so and so state, and I got to take care of mine. And they spend a lot of time

Proceedings of Wednesday, October 14, 2009 97 trying to answer calls; you’re getting calls from service officers from out of state to try to find out where and what is being done with that particular claim. So there was much discussion on how we were going to handle this because everybody was in agreement that we did not want to become like the DAV and have nothing but national service officers. Service officers become a personal problem within each department, mainly because you have that personal contact. Those claims are dealing with veterans within your state. So we want to maintain that personal contact where you have veterans that are coming in to see the service officers; they’re helping formulate the claim and they’re promoting it to the VA. But now those claims are being shifted to these PMC centers, now you’re losing some of that personal contact. So we have to make sure that the veterans and the spouses that are coming to The American Legion seeking their support and trying to get proper adjudication for their claim, is going to be done. We are very successful at what we do. But now it’s become a very difficult problem, and as I said, just in the Philadelphia area alone, 40 percent of those claims that they’re dealing with are from outside the State of Pennsylvania. Our people are instructed to do the best they can to assist all the other departments on those claims. So there’s three recommendations here for you. I wasn’t sure whether there was going to be a resolution or not to call upon one of those particular recommendations. But one of the recommendations I would like to give to you is that we at least have one person from the national staff to help in dealing with any of the claims in those PMC centers from outside that particular state. And there’s going to have to be some shared financial responsibility for everybody to make sure that we properly get the claims adjudicated. We take on that responsibility. That’s one of our Four Pillars, to make sure that we service the veterans. We see now today, you probably see it, I see it, a lot of law firms are trying to cash in on helping the veterans, and they’re going to turn around and hit them up for a nice dollar. We provide that service free of charge and we do the best job. More people come to The American Legion than the total of all the other service organizations together. And there’s a backlog of all those one million claims throughout the country in trying to get proper adjudication. So we need to sit there and address his head-on. We need to try to get someone from the national organization to help oversee the adjudication of the claims outside of that particular state, and we need to set up a formula where all the departments are going to have to help share in providing some type of service on those claims. (Applause) VETERANS AFFAIRS AND REHABILITATION COMMISSION CHAIRMAN LEWIS: As I mentioned, the National Veterans Affairs and Rehabilitation Commission will not shirk from this challenge. Efforts are underway to make sure, as I said, there is 110,000 claims out there. Why is it important for us to do that? Just a reminder of what Sir Winston Churchill said, “The price of greatness is responsibility.” We’re the greatest veterans service organization on the face of the planet. With that comes responsibility. We have never stepped back from that. Mr. Commander, members of the National Executive Committee, thank you for the opportunity to serve as chairman of your National VA&R Commission during a period when great changes are on the horizon concerning the future of veterans health care and benefits, and great challenges face another generation of America’s heroes. The VA&R Commission remains steadfast in our commitment to ensure that America’s veterans receive the best advocacy, representation, and oversight possible. I would like to recognize our new national VA&R Director Barry Searle, and Assistant Director Jacob Gadd. (Applause) Comrades, that concludes my report.

98 Proceedings of Wednesday, October 14, 2009 Report: Veterans Affairs and Rehabilitation Commission October 12-13, 2009 K. Robert Lewis, Connecticut, Chairman The National Veterans Affairs and Rehabilitation Commission met on October 12- 13, 2009, 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: K Robert Lewis (CT), Chairman. Present at the meeting were: Erick Michaud (RI); Douglas Wooddell (CO); Chris Harding (OK); Terry D. Schow (UT); K. Robert Lewis (CT); Eddie D. Mohler (OH); H. Melvin Napier (ID); Jeffrey L. Olson (MN); Pat Phillips (GA); Jerry B. Rivers (TN); and Edward J. Roach Jr (ME). Also in attendance were Past National Commander Paul Morin (MA), Past National Commander Joe Frank (MO), Jack Ford (NV), Robert Gosa (MS) and Bob Wallace (WA). Veterans Affairs and Rehabilitation Division staff members present were: Barry A. Searle (PA), Director, Steve R. Smithson (MI), Principal Deputy Director and Jacob B. Gadd (DC), Assistant Director for Program Management.

Matters Received, Considered and Acted Upon By The Commission Resolutions Your Subcommittee considered eleven (11) resolutions. Three (3) resolutions were referred for consideration by the 2009 National Convention. One (1) was referred from the Spring 2009 National Executive Committee. Ten (10) were forwarded to the National Executive Committee for adoption: (Origin: Res. 27 (MI)) 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 (Origin: Res. 47 (CA)) The American Legion Position on the Department of Veterans Affairs (VA) Enhanced Use Lease (EUL) Policy (Origin: VA&R) Agreement with the National Veterans Legal Services Program (NVLSP)-2009 (Origin: VA&R) Support for the 2010 National Veterans Wheelchair Games (Origin: VA&R) Service on Veterans of Valor’s Board of Directors (Origin: VA&R) Amend Title 38, United States Code, to Clarify the Treatment of a Veteran as Adjudicated Mentally Incompetent for Certain Purposes (Origin: VA&R) The American Legion Policy on State Veterans Home Per Diem Reimbursement (Origin: VA&R) The American Legion Supports the ServiceNation Organization (Origin: VA&R) The American Legion Policy Protecting Veterans and Military Retirees Healthcare (Origin: VA&R) The American Legion Policy on Federal Contractors The Commission then discussed the following issues:

Proceedings of Wednesday, October 14, 2009 99 System Worth Saving Update In FY 2003, The American Legion initiated a series of visits to VA Medical Centers. The System Worth Saving Task Force, accompanied by National Field Service Representatives, conduct site visits of VA health care facilities and assess the state of VA health care as a system, as mandated by Resolution 206, “Annual State of VA Medical Facilities.” As the System Worth Saving has matured new challenges have developed. This year we are undertaking a refocusing of efforts for the Field Service Teams. This attempt will make the reports more valuable in assessing progress in delivering quality healthcare to veterans. First of which is to utilize GAO Reports, IG Inspections, VA contracted inspections, and news articles to identify issues uncovered at VA facilities. These issues will be the basis for developing the visitation plan. This will make the information facility specific, and the follow-up on specific deficiencies will demonstrate how VA has worked to correct previous faults. Secondly, the Field Service Representatives will work in coordination with the Director of National Security and Foreign Relations Division to outreach to families and Active Duty, Guard, and Reserve units. The intent is to develop a close relationship between The American Legion, at the Department and Post Level, in an “Adopt a Unit,” program before units and individuals are deployed. This proactive close relationship will address the issue where returning warriors and their families don’t want to be engaged during the time of reintegration. The Field Service Team will be the initial information gathering, and POC for The American Legion, and will rapidly transition information and contacts to local volunteers.

Pension Management Center (PMC) Ad Hoc Committee Recommendations Resolution No. 26, adopted by the National Executive Committee (NEC) in May 2009, mandated the creation of an Ad Hoc Committee. The purpose of the committee was to explore all viable options available to ensure proper representation is provided to all claimants represented by The American Legion at the three Department of Veterans Affairs (VA) Pension Maintenance/Management Centers (PMCs). The National Commander, with the approval of the NEC, appointed the following Legionnaires to serve on the committee: PNC Ron Conley (PA), PNC Joe Frank (MO), Tom Ludka, DSO (WI), Randy Tesdahl, DSO (MN), and John Katz, DSO (PA). The Ad Hoc Committee had an initial meeting at the National Headquarters in Indianapolis on June 10, 2009, to discuss the overall PMC situation, the PMCs impact on American Legion representation and what, if any, action should be taken to ensure Legion represented claimants at the PMCs receive proper and effective representation. The committee subsequently conducted a 10 question survey of accredited American Legion representatives to receive information regarding the PMCs. The committee also conducted a conference call on September 4 to discuss the results of the survey, preparation of the report, and recommendations to the National Commander.

Findings The committee reached the following conclusions after thoroughly studying the PMC situation. Conclusions are based on discussions with the Department Service Officers (DSOs) located at the PMCs, review of current and projected PMC claims data, and the results of the Committee’s service officer survey. • VA’s track record on the issue of consolidation has indicated that these centers will be a permanent part of the operational landscape in pension claims processing.

100 Proceedings of Wednesday, October 14, 2009 • With the addition of handling appeals at the PMCs, and the addition of Dependency Indemnity Compensation (DIC) claims, the workload will increase significantly. • There is a need for a dedicated TAL PMC staff presence at each center. • VA’s PMC consolidation/centralization projects, as with all VA consolidation/centralization efforts, is a national issue. It is, therefore, imperative that the National Organization, in consultation with the departments, devise a solution that will ensure proper representation of all claims represented by The American Legion. • Department service offices in Milwaukee, St. Paul and Philadelphia do not have the staffing and other resources necessary to provide proper representation of American Legion claims from all over the country. • The DSOs in Milwaukee and Philadelphia assist with PMC work when possible they are severely limited due to their regular regional office workload. The DSO in St. Paul does not assist with PMC representation. The National VA&R staff member assigned to the St. Paul Debt Management Center currently assists with PMC cases but her ability to provide effective assistance/representation is also severely limited due to her primary debt management duties.

Recommendations The Committee offers the following recommendations for consideration as possible solutions to address The American Legion’s representation situation at VA’s three PMCs: 1. Establish a national representative position at each PMC dedicated solely to PMC representation. The funding of the position would be shared by the departments based on the actual number of PMC cases per department. PRO: • Representation would be dedicated to PMC cases only and would not be impacted by other department obligations; • Result in more consistent, and ultimately more effective, PMC representation; • Funding for the position would be shared by the departments based on actual PMC usage. CON: • Funding sharing, would be determined by a PMC usage formula that would require recalculation each year based on the increase or decrease of PMC usage during the year. This process would most likely be very labor intensive and complex; • Difficult to enforce and would most likely result in resistance from some departments. 2. Establish a national representative position at each PMC dedicated solely to PMC representation funded entirely by the national organization. PRO: • Representation would be dedicated to PMC cases only and would not be impacted by other department obligations; • Result in more consistent, and ultimately more effective, representation of PMC claims; • Better oversight and control of representation; • There is precedent established for such representation (There are national representatives currently located in VA centralized offices at the Insurance Center in Philadelphia, Pennsylvania, Debt Management

Proceedings of Wednesday, October 14, 2009 101 Center in St. Paul, Minnesota, BDD offices in Salt Lake City, Utah and Winston-Salem, North Carolina and the BVA and AMC offices in Washington, D.C.). CON: • Shifts responsibility of veteran/claimant representation from the department to the national organization. 3. Take no action. Maintain the current status quo of the department service officers located at the PMCs assisting PMC claimants and providing limited representation based on available resources. PRO: • The national organization incurs no financial burden. CON: • Puts an unfair burden on the three departments (Minnesota, Pennsylvania, and Wisconsin) in the states where the PMCs are located; • Both the extent and effectiveness of American Legion representation are severely reduced; • Adversely impacts department’s ability to provide quality representation to the veteran’s of their own states because the department’s already limited resources are also being used to cover PMC representation.

The American Legion Volunteering The Department of Veterans Affairs Voluntary Service (VAVS) Program is the largest volunteer program in the federal government, providing over 63 years of service to America’s veterans seeking care in VA health care facilities. The American Legion has actively supported the VAVS program since its inception in 1946. In FY 2008, The American Legion had 6,105 members that volunteered over 909,839 hours of service to hospitalized veterans and those in the communities. Based on an independent sector volunteer rate of $18.77 per volunteer hour, this is a total cost savings of $17 million to VA. In 2009, The American Legion has encouraged VA to streamline its VAVS volunteer application and training process to be completed online (paperless); created a VAVS volunteer toolkit (VAVS Recruitment Tri-Fold brochure, VAVS Handbook and VAVS Post Poster); encouraged Departments to recruit 22 new volunteers per Department and promoted Department training and recruitment fairs. The Assistant Director for Program Management attended the Department of Kansas Convention, Department of Georgia Legion College and has upcoming VAVS training sessions in the Department of Ohio and South Carolina. Recently, The American Legion had expanded its volunteer programs into the community to benefit the military and veterans’ community. The American Legion partnered with Ride to Recovery, Habitat for Humanity, Rebuilding Together, Honor Flight, Veterans for Valor, Operation Homefront and VA’s Suicide Prevention and Referral program. Ride to Recovery conducts week-long cycling events on the East and West Coasts, Texas and Florida with hundreds of injured troops, celebrities, athletes and elected officials. The American Legion volunteers have assisted in coordinating Legion riders, donations, volunteers to staff the day events, or sponsoring meals or use of post facilities. The American Legion and Habitat for Humanity are developing a joint volunteer toolkit to identify opportunities for American Legion Departments, Districts and Posts to assist Habitat for Humanity in building or supporting military or veterans’ housing projects. The American Legion Department Service Officers will distribute eligibility

102 Proceedings of Wednesday, October 14, 2009 criteria in states where Habitat for Humanity is looking for applicable service members or veterans eligible for the housing program. Rebuilding Together is the nation’s leading non-profit organization dedicated to preserving affordable homeownership by providing free repair services for those with the greatest need. Their network of more than 200 affiliates provides critical repairs and modifications to the homes of low-income Americans at no-cost to the homeowners. Rebuilding Together began with a small group of founding affiliates more than 30 years ago. Their National Headquarters opened its doors in 1988. Today, the Affiliate Network has completed more than 100,000 homes across the nation. With the help of 2.5 million volunteers, Rebuilding Together has delivered over $1 billion in market value in its first 20 years. Today, approximately 10,000 houses and nonprofit facilities are rehabilitated annually; there are 200,000 skilled and unskilled volunteers that donate time and skills in communities across America each year. There is over $100 million in market value invested in America’s towns and cities. The Rebuilding Together Veterans Housing Initiative was created to assist the military community. Through corporate, foundation and individual contributions, Rebuilding Together assists veterans of past and present service. Since 2005, Rebuilding Together has completed more than 500 projects through its Veteran Housing program. There were 516 Veteran Projects, 3,579 Individuals Served, 15,084 Volunteers Engaged which is $9,292,250 market value of work. Their services are provided at no cost to qualified veterans and their families. The American Legion can assist Rebuilding Together by distributing veteran eligibility criterion for program information through the Department Service Officers, Districts and Posts. Secondly, each Department Adjutant/Commander visits the Rebuilding Together affiliate in their state and designates a Department Legion/Rebuilding Together Volunteer Coordinator. Thirdly, local American Legion districts and posts can sponsor a Rebuilding Together Veteran’s Home Site. Honor Flight is dedicated to helping every single veteran in America, willing and able of getting on a plane or a bus, to visit their memorials in Washington, DC. Their mission is to transport America’s veterans to Washington, D.C. to visit those memorials dedicated to honor their service and sacrifices. By the end of the 2009 flying season in November, Honor Flight Network is expected to have transported over 42,000 veterans of World War II, Korea and Vietnam. American Legion volunteers are needed to send off veterans at the airport, welcome them home at the end of the trip, answer office phones and enter applications into the data system, mailing requested material and purchased merchandise and well as contacting veterans and guardians to make arrangements based on their projected flight schedules. Additionally, Guardians volunteers are needed to help accompany the veteran to and from the memorials. Veterans of Valor offer three main programs to help combat wounded veterans: backpacks, hero wishes and a night out to provide a unique therapeutic value to the wounded service member and his or her family. Volunteers can go to the website for specific locations and register as a volunteer to help support their programs. The American Legion supports Operation Homefront Organization’s 9/11 Freedom Walks. Freedom Walks are designed to promote civic engagement to honor the family members of victims who died in the 9/11 terrorist attacks. Departments, Districts and Posts volunteers can assist by distributing American Legion veteran benefit information at the walks and/or participating as a walker or event volunteer. During the 2009 National Convention, Dr. Janet Kemp, the National VA Suicide Prevention Coordinator, provided training to all the VA&R Commission members during the VA&R Conference. Each of the VA&R members present for the training will be certified as Department Suicide Prevention and Referral Coordinators and receive a certificate from the National Suicide Prevention Coordinator and a volunteer application

Proceedings of Wednesday, October 14, 2009 103 to register at their local VA Medical Center with the VA Medical Center Local Suicide Prevention Coordinator. These volunteers will provide state training on suicide prevention and connect any veterans with mental health emergencies with the National Suicide Prevention Hotline- 1-800-273-TALK (8255). The American Legion is dedicated to improving support for active duty service members and veterans during their time of transition and rehabilitation and will continue to provide members with volunteer opportunities to support events on the national, state and local levels.

Tactical Herbicides The Commission was briefed regarding health issues among military veterans stationed at the former Camp Chaffee, Arkansas that are potentially connected to exposure to tactical herbicides (Agent White, Blue and Orange) that were dispersed during a ninety day period in 1967. The information presented in “The History of the US Department of Defense Programs for the Testing, Evaluation, and Storage of Tactical Herbicides” issued in 2006 was discussed in the context of legislation focusing on exposure by individuals serving in the territorial waters off South Vietnam. The report was requested to provide “an official compilation of locations and dates outside of Vietnam where the Department used herbicide agents, including Agent Orange, as well as locations and dates where DoD personnel were likely exposed to these agents.” VA&R staff continues to monitor the issue.

Addendum A: Resolutions Not Approved Hold for Further Study Resolution No. 84 (WA) (2009 NC): Funding for Veterans Service Office at Auburn, Washington Received and Recorded Resolution No. 2628 (IL) (DEC): Insured Veteran Caregiver Training RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, I move the report be received and filed with the exception of nine resolutions and one addendum. …Second. NATIONAL COMMANDER HILL: We have a motion and a second. Do we have discussion? PAST NATIONAL COMMANDER MORIN: Comrade Commander, I’m a little confused to the part of the report on the three recommendations that they offered, and Past National Commander Conley got up and gave an eloquent presentation, but are we taking any action on that piece of it, or is that piece going to be tabled to a further meeting? NATIONAL COMMANDER HILL: No. Past National Commander Conley and members of the National Executive Committee, I have instructed the national adjutant to do whatever is necessary to find one employee for each of those PMC’s. Thank you for the question. PAST NATIONAL COMMANDER MORIN: So we’re adopting the recommendation of the National organization for funding? NATIONAL COMMANDER HILL: Correct. PAST NATIONAL COMMANDER MORIN: Thank you. NATIONAL COMMANDER HILL: Any other discussion? All in favor? Opposed? Motion carries.

104 Proceedings of Wednesday, October 14, 2009 Resolution No. 21: The American Legion Position On The Department Of Veterans Affairs (VA) Enhanced Use Lease (EUL) Policy Origin: 2009 NC Resolution No. 47 (CA) Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, The American Legion has remained vigilant in monitoring the Capital Assets for Realignment for Enhanced Services (CARES) process; and WHEREAS, Through the Department of Veterans Affairs (VA) transparency during the CARES Local Advisory Panels, and through The American Legion’s and the community’s participation and oversight, there were not any VA Medical Center closures; and WHEREAS, Under the provisions of Title 38, United States Code (U.S.C.), Chapter 81, the Secretary is authorized to lease real property under VA’s jurisdiction or control to a private or other public entities for a term of up to 75-years; and WHEREAS, The Enhanced-Use Leasing (EUL) activity must either: (i) contribute to the mission of VA; be consistent with, and not adversely affect VA’s mission; enhance the use(s) of the property to be leased; and be in exchange for fair consideration to VA as determined by the Secretary; or (ii) result in a demonstrable improvement in services to eligible veterans in the geographic service-delivery area in which the property is located; and WHEREAS, As part the fair consideration to be provided in exchange for the EUL, the Secretary is authorized to accept in-kind consideration such as facilities, office, storage, or other usable space, services, money, and/or other in–kind consideration; and WHEREAS, The rapid aging of the masses of Vietnam-era Veterans, the large numbers of soldiers deployed in harm’s way since 1990 in Kuwait, Saudi Arabia, Somalia, Korea and other locations, and the ever-increasing numbers of service members deployed to combat in Iraq and Afghanistan, who have already or will become Veterans in their own right, clearly point to a significant increase in demand for VA health care services for veterans in the near future; and WHEREAS, VA has repeatedly negotiated agreements involving use of VA assets with business and organizations without contact or discussion with, or seeking input and involvement from, Veterans’ Service Organizations (VSOs) and stakeholders; and WHEREAS, Such an agreement absent of the involvement of VSOs and stakeholders includes the transfer of 85.4 acres of VA land from the North Chicago VA Medical Center to the Rosalind Franklin University of Medicine of Science, which later was discovered to be used as a staging area for construction of the Captain James A. Lovell Federal Health Care Center; and WHEREAS, Another agreement absent the involvement of VSOs and community groups includes the signing of two Enhanced Use Leases between VA Sepulveda Ambulatory Care Center and a third-party leasee; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion supports a publicly transparent Enhanced Use Lease (EUL) process in consultation with Veteran Service Organizations (VSOs) and stakeholders; and, be it finally RESOLVED, That The American Legion oppose any EUL that does not specifically provide any obvious and permanent benefits, resources or services to the veterans’ community.

Proceedings of Wednesday, October 14, 2009 105 RESOLUTIONS SUBCOMMITTEE MEMBER OWEN: This has the approval of the National Veterans Affairs and Rehabilitation Commission, the Subcommittee on Resolutions, and I move for its adoption. …Second. NATIONAL COMMANDER HILL: Motion and a second. Any discussion? Past National Commander Thiesen. PAST NATIONAL COMMANDER THIESEN: Comrade Commander, and members of the NEC. I hope you take a good look at this resolution because it could be an impact that you’re not aware of within your own local district. It was brought to my attention and before National Convention by a person who’s directly involved with some property in Sepulveda, California, that the VA owns and enhanced leased it really without letting the VSOs know that that’s what they were going to do. Only when we found out about that they went before the Board of Supervisors to rezone that property, and once they rezone it, after a few years you will lose all the ability to regain that property back to the VA and/or for use for veterans. You need to take a good look at the third whereas, where the secretary can, he has that opportunity to lease the property. And then if you look at the fourth one, just read these, and go to the second page, page 2, and this will explain pretty much what happens when it says in the whereas, such an agreement absent of the involvement of VSOs and stakeholders include the transfer of 85.4 acres of VA land North Chicago VA Medical Center to Rosalind Franklin University of Medicine and Science, which later was discovered to be used as a staging area for construction of Captain Lovell Federal Health Care Center. If they rezoned that, you’re going to lose the interest for ever getting it back into use for veterans. So I want you to make sure that you understand and go back and take heed of this resolution, because it’s very important. There’s a lot of VA ground that they are trying to sell to put money back into the VA system. Any surplus property. The American Legion and the VSOs in those local areas need to become really involved in this issue. Thank you, Commander. NATIONAL COMMANDER HILL: Any other discussion? All in favor? Opposed? Motion carries.

Resolution No. 22: Support For The 2010 National Veterans Wheelchair Games Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, The American Legion is founded upon four pillars; the first of which is to provide for the care and welfare of Veterans; and WHEREAS, The Department of Veterans Affairs (VA) in cooperation with the Mountain States Chapter of the Paralyzed Veterans of America (PVA) host an annual event called the National Veterans Wheelchair Games; and WHEREAS, The National Veterans Wheelchair Games have been conducted for the past 29 years as a multi-event sports and rehabilitation program for military service members and veterans who use wheelchairs for sports competition due to spinal cord injuries, amputations, or certain neurological problems; and WHEREAS, The presenters of this event are committed to improving the quality of life for military service members and veterans with disabilities and fostering better health through sports competition; and WHEREAS, Past Games have produced a number of national and world-class champions; and WHEREAS, The National Veterans Wheelchair Games provide opportunities for disabled veterans to gain sports skills and be exposed to other wheelchair athletes; and WHEREAS, Only about one-half of the funding to support the National Veterans Wheelchair Games comes from VA and the PVA organization, the rest comes from

106 Proceedings of Wednesday, October 14, 2009 individual donors, veterans’ service organizations and local business contributors from the host city; and WHEREAS, The 30th Annual National Veterans Wheelchair Games will be held in Denver, Colorado from July 4 through 9, 2010 and is supported by The American Legion Department of Colorado; and WHEREAS, The Colorado VSO Coalition, in cooperation with VA, supports the 2010 National Veterans Wheelchair Games; and WHEREAS, This resolution has been reviewed and approved by the VA&R Commission and recommended for consideration at the Fall National Executive Committee; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion support the 2010 National Veterans Wheelchair Games, at no cost to The American Legion, and, be it finally RESOLVED, That The American Legion publicize the 2010 National Wheelchair Games in American Legion media as it sees fit in its sole and unfettered discretion, as space permits.

Resolution No. 23: 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 Origin: 2009 NC Resolution No. 27 (WY) Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, State Veterans Homes were founded for soldiers and sailors following the American Civil War, and have honorably served veterans and some of their immediate dependents and survivors for nearly 150 years; and WHEREAS, Currently, the 137 State Veterans Homes in all States and in Puerto Rico, on a daily basis, provide such services as: hospital, skilled nursing, rehabilitation, long-term care, dementia and Alzheimer’s care, domiciliary care, respite care, end-of-life care and adult day health care, to approximately 28,500 veterans and dependents; and WHEREAS, Title 38, Code of Federal Regulations (CFR), Section 51.210(d), authorizes “The percentage of facility residents eligible for VA nursing home care must be at least 75 percent veterans except that the veteran percentage need only be more than 50 percent if the facility was constructed or renovated solely with State funds.”; and WHEREAS, 38CFR51.210(d) specifies “All non-veteran residents must be spouses of veterans or parents all of whose children died while serving in the armed forces of the United States.”; and WHEREAS, Currently, the contemporary trend of the all volunteer military force, the wide array of career paths available to American citizens, and modern asymmetrical wars and military conflicts requires both periodic and episodic deployments to combat engagements throughout the world; and WHEREAS, A post-World War II policy interpreted by VA requires all children of a parent perished in war as a precondition of eligibility for residence of a State Veterans Home under 38CFR51.210(d) is unwarranted and exhibits an exclusionary intent toward parents who have suffered irreparable loss of a child, or children; and

Proceedings of Wednesday, October 14, 2009 107 WHEREAS, Military service is now all-voluntary and the number of service members on active duty is greatly reduced from the days when military recruitment was supplemented by new recruits provided by the Selective Service Administration’s local draft boards; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion supports amending Title 38, Code of Federal Regulations (CFR)51.210(d) to authorize admission to State Veterans Homes the parents of any service member who perished while on active military service to the United States.

RESOLUTIONS SUBCOMMITTEE MEMBER OWEN: This has been approved by the National Veterans Affairs and Rehabilitation Commission, the Subcommittee on Resolutions, and I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 24: The American Legion Policy On State Veterans Home Per Diem Reimbursement Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, State Veterans Homes were founded in the late 1800s for indigent and disabled Civil War veterans and continue to serve generations of veterans today; and WHEREAS, Title 38, United States Code (U.S.C.) authorizes the Department of Veterans Affairs (VA) to pay per diems for care in State Veterans Homes to those veterans with a 70 percent or greater service-connection rating; and WHEREAS, A Government Accountability Office (GAO) Report 06-264 in March, 2006, Data Gaps Impede Strategic Planning for and Oversight of State Veterans’ Nursing Homes, identified that certain aspects of VA’s per diem reimbursement policy had not been applied consistently and VA headquarters officials have not been consistent in explaining to VA Medical Centers whether they could approve reimbursement to state veterans’ nursing homes for care provided to veterans; and WHEREAS, Public Law (P.L.) 109-461, Veterans Benefits, Health Care, and Information Technology Act of 2006, authorized the Secretary of VA to publish a Strategic Plan for Long-Term Care for VA to include specific plans for working with Medicare, Medicaid, and private insurance companies to expand the availability of such long-term care, which included State Veterans Homes; and WHEREAS, In response to the P.L. 109-461 in August 2007, VA submitted the long-term care strategic plan to Congress with the effective dates through Fiscal Year (FY) 2013; and WHEREAS, A Government Accountability Office (GAO) Report 09-145 in January, 2009, Long-Term Care Strategic Planning and Budgeting Need Improvement, reported that, “many veterans who need long-term care do not receive it from VA, but instead receive care from other providers that is financed by programs such as Medicaid, Medicare, private health or long-term care insurance, or self-financing by the patients”; and WHEREAS, GAO Report 09-145 concluded as a result, in VA’s long-term care strategic planning, determining future workload is a multi-step process requiring estimating the number of veterans who will need long-term care, the number of those veterans seeking care through the VA and the number of veterans VA will serve, which is expected to increase by 167 percent between FY 2007 and 2013 and that VA provided unrealistic cost assumptions and workloads in its FY 2009 budget submission; and

108 Proceedings of Wednesday, October 14, 2009 WHEREAS, VA pays State Veterans Homes a per diem that covers approximately one-third of the cost of providing these services to eligible veterans, which is less than the actual daily cost of care provided by Medicare/Medicaid rate; and WHEREAS, The American Legion has supported enactment of legislation to require VA per diem payments be at a rate of 50 percent of the national average cost of providing care in State Veterans Homes, to increase the VA per diem rate closer to the Medicare/Medicaid rate; and WHEREAS, In September 2009, The National Association of State Veterans Homes (NASVH) and State Directors of Veterans Affairs (NASDVA), recommended that Congress pass a clarifying amendment to P.L. 109-461 to postpone the mandatory implementation of the VA per diem program due to the lower cost of VA’s per diem amount, compared to the Medicare/Medicaid rate which would shift all the cost burden on the State Veteran Home operating budget; and WHEREAS, The American Legion remains concerned that Congress has not provided clarification of Public Law (P.L.) 109-461 and VA has not factually reported its planning workload projections to assist State Veterans Homes budgets; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion support legislation to amend Title 38, United States Code (U.S.C.) to provide clarification to the State Veterans Home, Centers for Medicare and Medicaid Services (CMS) and the Department of Veterans Affairs (VA) per diem reimbursements; and, be it further RESOLVED, That The American Legion support legislation to increase VA per diem payments to a rate of 50 percent of the national average cost of providing care in a State Veterans Home to more closely align to the Medicaid/Medicare rate; and, be it finally RESOLVED, That VA accurately report its planning workload projections and budget submissions in future fiscal years to account for the 167 percent increase in long-term care workload identified by the Government Accountability Office (GAO).

RESOLUTIONS SUBCOMMITTEE MEMBER OWEN: This has the approval of the National Veterans Affairs and Rehabilitation Commission and the Subcommittee on Resolutions, and I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

[The following resolution was tabled] Resolution No. 25: The American Legion Supports The Servicenation Organization Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation 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, ServiceNation is a non-partisan campaign to expand citizen service opportunities, solve problems through service, and make service a core ideal in our democracy; and WHEREAS, ServiceNation’s strategic goals include: employing service to unite the nation to our nation’s military communities (troops, military families and veterans) and military communities to our nation as well as engaging civilian and military worlds in service to meet the critical needs of the nation, military families and veterans; and

Proceedings of Wednesday, October 14, 2009 109 WHEREAS, ServiceNation has connected The American Legion with Habitat for Humanity for the purposes of a volunteer partnership and offered their assistance in promoting this partnership through their Department of Defense senior leadership; and WHEREAS, ServiceNation is creating a Service Nation Civilian-Military Partnerships Document for release at a public Memorandum of Understanding (MOU) formal ceremony, on or near Veterans Day, November 11, 2009; and WHEREAS, ServiceNation will unveil the Memorandum of Understanding between The American Legion, Habitat for Humanity, Department of Defense (DoD) and ServiceNation and assist in garnering support for mutual cooperation of The American Legion and Habitat for Humanity joint volunteer opportunities with DoD; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion support Service Nation, at no cost to The American Legion; and, be it further RESOLVED, That both members will have the authority to exclude The American Legion from any activity or statement made by ServiceNation in accordance with American Legion policy and positions; and, be it further RESOLVED, That The American Legion emblem be used with ServiceNation on activities and promotions providing that the National Adjutant has given permission to do so in each individual instance; and, be it further RESOLVED, That The American Legion support ServiceNation efforts to unveil the Civilian-Military Partnerships Document release on or near Veterans Day, 2009; and, be it finally RESOLVED, That The American Legion National Commander, or his duly appointed representative, attend the event to sign the Memorandum of Understanding and promote the partnership, schedule permitting.

RESOLUTIONS SUBCOMMITTEE MEMBER OWEN: This has the approval of the National Veterans Affairs and Rehabilitation Commission, the Subcommittee on Resolutions, and I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? NATIONAL VICE COMMANDER BENTLEY: Sir, on the first resolve, is that supposed to be not in accordance. I’m confused by the first resolve. NATIONAL VICE COMMANDER BENTLEY: Will we have the authority to exclude The American Legion from any activity or statement in accordance with our policy or not in accordance with our policy? NATIONAL COMMANDER HILL: You’re on the second resolve, right? NATIONAL VICE COMMANDER BENTLEY: Second resolved clause. NATIONAL COMMANDER HILL: We’ll have the Chairman explain. VETERANS AFFAIRS AND REHABILITATION COMMISSION CHAIRMAN LEWIS: It states exactly what it means. That both members will have authority to exclude The American Legion from any activity or statement made by ServiceNation unless that is not in accordance with American Legion policy and positions. So, in other words, that our representatives will be able to exclude us based on standing policy. NATIONAL COMMANDER HILL: I think it’s just saying that the authority to exclude is in accordance with The American Legion policy. Any other discussion? Mr. Conley. PAST NATIONAL COMMANDER CONLEY: Mr. Commander, are we going to have representation on this ServiceNation in order for them to know what our policy is?

110 Proceedings of Wednesday, October 14, 2009 VETERANS AFFAIRS AND REHABILITATION DIVISION DIRECTOR SEARLE: We’re not on their board of directors, no. But they will be working through our contact Jacob Gadd, who is our VAVS guy coordinating with any activities. PAST NATIONAL COMMANDER CONLEY: So my question is: How will they know what our policy is if we have nobody there to let them know what our policy is? DIRECTOR SEARLE: That would be our representative, Jacob Gadd. PAST NATIONAL COMMANDER CONLEY: So we’re going to have somebody there? DIRECTOR SEARLE: Yes, but not on their board. There will be representation, but not on the board. NATIONAL COMMANDER HILL: Is there any other discussion? Past National Commander Conley. PAST NATIONAL COMMANDER CONLEY: Since there seems to be some confusion on how we are going to handle this, I would like to make a recommendation that we table this and send it back for some further study. I don’t see the urgency of participating right now until this body and also this organization are clear on our position and policies. I so move. …Second NATIONAL COMMANDER HILL: We have a motion and a second. There’s no discussion. It’s on the table. We have a motion and a second. All in favor? Opposed? The motion has been tabled.

Resolution No. 26: Service On Veterans Of Valor’s Board Of Directors Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, At the 2009 American Legion National Convention in Louisville, Kentucky, The American Legion approved a resolution supporting the Veterans of Valor organization; and 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, Subsequent to the resolution of support, Veterans of Valor invited The American Legion to provide two Legionnaires on their Board of Directors; and WHEREAS, Veterans of Valor is sustained solely by grants, gifts, and donations; and WHEREAS, The appointment of two Legionnaires on the Board of Directors will ensure The American Legion maintains an active advisory function with Veterans of Valor’s strategic efforts to ensure transitioning wounded veterans are supported through mutual assistance by both organizations’ programs; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion hereby authorizes the National Commander to recommend to the National Executive Committee the appointment of two Legionnaires to serve as advisors to the Veterans of Valor Board of Directors, initially, one for a one-year term ending October 2010 and one for a two-year term ending October 2011, and thereafter one appointment annually for a two-year term; and, be it further RESOLVED, Both members will serve as consultants to the board with voice but no vote; and, be it further RESOLVED, That both members will have the authority to exclude The American Legion from any activity or statement made by Veterans of Valor in accordance with American Legion policy and positions; and, be it finally

Proceedings of Wednesday, October 14, 2009 111 RESOLVED, That The American Legion emblem be used with the Veterans of Valor emblem on merchandise, activities and promotions providing that the National Adjutant has given permission to do so in each individual instance.

RESOLUTIONS SUBCOMMITTEE MEMBER OWEN: This has the approval of the National Veterans Affairs and Rehabilitation Commission, the Subcommittee on resolutions, and I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 27: Amend Title 38, United States Code, To Clarify The Treatment Of A Veteran As Adjudicated Mentally Incompetent For Certain Purposes Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, There has been much debate, speculation, and rumors concerning restriction of gun ownership of persons with mental disabilities sparked by recent tragic shootings; and WHEREAS, Concerns have been raised regarding veterans, determined by the Department of Veterans Affairs (VA) not to be competent to handle their own funds or otherwise diagnosed with a mental disorder, will be barred from owning or purchasing firearms; and WHEREAS, There has long been concern and speculation that VA will be required to provide information about such veterans to the Department of Justice and other law enforcement agencies, which could result in these veterans being denied the right to purchase or own firearms; and WHEREAS, VA, on September 29, 2009, issued Fast Letter 09-38 notifying VA field examiners, fiduciary activity managers, and other employees of new reporting requirements pertaining to VA beneficiaries believed to be in violation of the federal Gun Control Act of 1968, as amended; and WHEREAS, There appears to be legal ambiguity in this area as well as the role of VA in such matters pertaining to veterans deemed to be incompetent for VA purposes or otherwise diagnosed with a mental disorder; and WHEREAS, Disclosure of a veteran’s medical information is a direct violation of Federal privacy laws (HIPAA); and WHEREAS, Gun ownership is a specific right protected under the Second Amendment of the U.S. Constitution; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion shall support legislation to amend Title 38, United States Code, to clarify the treatment of a veteran as adjudicated by the Department of Veterans Affairs as mentally incompetent for certain purposes; and, be it further RESOLVED, That such legislation mandate that, in any case arising out of the administration by the Secretary of Veterans Affairs of laws and benefits under Title 38, United States Code, a person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness, shall not be considered adjudicated as a mental defective under subsection (d) (4) or (g)(4) of section 922 of Title 18, United States Code without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself/herself or others; and, be it finally RESOLVED, That the Department of Veterans Affairs is barred from transmitting in any form, findings about a veteran’s mental status or ability to

112 Proceedings of Wednesday, October 14, 2009 handle his or her own funds, to other agencies without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction.

RESOLUTIONS SUBCOMMITTEE MEMBER OWEN: This has the approval of the National Veterans Affairs and Rehabilitation Commission, the Subcommittee on Resolutions, and I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? Past National Commander Conley. PAST NATIONAL COMMANDER CONLEY: Commander, this was brought up during your testimony before the House and Senate Joint Committee on Veterans Affairs. After your testimony, the VA called Dr. Cross who works for the VA, to testify on a number of issues and prospective legislation that’s before Congress. This issue was brought up as with Dr. Cross and he referred any decision to the Department of Justice. Now, what’s happening here is that any veteran who is applying for aid and attendance in a nursing home and they’re not capable of handling their own funds, the VA then assigns a judiciary to take care of their money. At the same time the VA is sending their name to the Department of Justice and that name now goes in a criminal bank where that veteran is not able to acquire a weapon. Well, first of all, nobody that’s in a home under aid and attendance is going down to the local gun store to buy a gun anyhow. But what’s bad about this, is they stigmatize the good name of veterans and putting them in with criminals in the Justice Department bank. And they have no way of clearing their name. And they’re only there for reason. They are not able to handle their own funds within the VA. And this is totally unacceptable that we’re going to treat our elderly veterans in this manner, and that’s why this resolution is so important, because there are veterans organizations out there that nobody really has the position on it. The American Legion after today will step up and finally take a strong position on decriminalizing our veterans. (Applause) NATIONAL COMMANDER HILL: Any other discussion? All in favor? Opposed? Motion carries.

Resolution No. 37: The American Legion Policy On Federal Contractors Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, Existing law currently prohibits former officers of the U.S. military from working as lobbyists for private firms for three years after leaving the military; and WHEREAS, The laws and regulations regarding former Department of Veterans Affairs (VA) and other executive branch officials who leave government service to work for private contractors are multi-tiered and complex; and WHEREAS, It is common practice for high ranking VA officials who leave the agency to accept highly paid positions with private contractors bidding on lucrative VA contracts; and WHEREAS, These former VA officials are undoubtedly hired by such contractors due to their ties and influence with the agency; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion urges Congress to introduce legislation to prohibit, for at least a three year period, Department of Veterans Affairs political appointees and Senior Executive Service (SES) officials from accepting employment with contractors that significantly benefit from policies formulated by the Department of Veterans Affairs official.

Proceedings of Wednesday, October 14, 2009 113 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 HILL: Motion and a second. Any discussion? Past National Commander Conley. PAST NATIONAL COMMANDER CONLEY: I keep jumping up here, but I think it’s important that I make some comments. The reason why this resolution came about is because recently an insurance company, Humana, formed a subdivision called Humana Military, and then they formed another subdivision called Humana Veterans. The individual that became the president of Humana Veterans was the general counsel for the VA who helped formulate positions within the Veterans Administration; walked out the front door; took a position as the president of an insurance company; went back into the VA and secured contracts in order for Humana to line up doctors and hospitals to treat veterans away from the VA. Again, this is totally unacceptable, that we’ve got a revolving door within the VA, in corporations in its company where people are being set up to formulate contracts; walk out of the place and go back in after they have secured another job and be able to access those funds. And what’s really bad is now they’re steering those veterans away from the VA for health care treatment, and trying to give them to a public or private hospital and doctors. So, it’s imperative before this thing keeps going the way it’s going, that we take a position and ask Congress to do something about it. There’s other areas within the federal government such as the Department of Defense that put a restriction on people of not being able to lobby or secure contracts from an area that they were working at. The VA is not restricted in any way right now that I’m aware of, and try to stop that kind of behavior. Hopefully this resolutions will go to Washington and maybe we can take some action to keep people like Tim McClain from walking out as the general counsel; becoming a president of a company, and securing lucrative contracts. (Applause) NATIONAL COMMANDER HILL: Thank you. Any other comments? Discussion? All in favor? Opposed? Motion carries.

Resolution No. 38: The American Legion Policy Protecting Veterans and Military Retirees Healthcare Origin: Veterans Affairs and Rehabilitation Commission Submitted by: Veterans Affairs and Rehabilitation Commission WHEREAS, The American Legion has a proud history of securing and protecting the earned benefits of our nation’s service members and veterans; and WHEREAS, At the 2009 Pre-Convention meeting of the National Executive Committee of The American Legion in Louisville, Kentucky, The American Legion approved Resolution 1, The American Legion Policy on the Department of Veterans Affairs (VA) and National Healthcare Reform; and WHEREAS, The President has affirmed his commitment to working with Congress to pass comprehensive national health reform in order to control rising health care costs, guarantee choice of doctor, and assure high-quality, affordable healthcare for all Americans; and WHEREAS, The President has clearly stated that VA healthcare and military retiree healthcare (TRICARE) will not be negatively affected by any national plan; and WHEREAS, VA’s mission is to “…care for him who shall have borne the battle, and for his widow and his orphan…” and the country’s first obligation is taking care of the men and women who protect this nation; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That

114 Proceedings of Wednesday, October 14, 2009 The American Legion urges Congress to ensure any legislation addressing National Healthcare Reform contain specific language excluding healthcare provided by the Department of Veterans Affairs and military retiree healthcare (TRICARE).

RESOLUTIONS SUBCOMMITTEE OWEN: This has the approval of the National Veterans Affairs and Rehabilitation Commission, the Subcommittee on Resolutions, and I move for its adoption. …Second NATIONAL COMMANDER HILL: We have a motion and a second. Past National Commander Spanogle. You may use the mic. PAST NATIONAL COMMANDER SPANOGLE: Thank you very much, commander. I support this and I would ask the voting members of the National Executive Committee to support this also. The VA health care and TRICARE under this resolution would be excluded from any national health care bill. I want to compliment Past National Commander David Rehbein in his meetings with President Obama, where President Obama said that he would exclude any VA health care and TRICARE from any of these national health care bills. And I commend Commander Clarence Hill, for putting that in his testimony. The unfortunate part of it is, is that President Obama has no health care bill that I know of. To my knowledge there are about five bills in the Congress of the United States. There are two in the Senate, one is the Baucus bill and the other one is the Dodd bill, and I don’t know where the other three are, they’re in the House, but they will go to conference committee. Why should we have any concern about national health care? Well, I don’t trust any politician. I think Mark Twain said it best back in 1883 or somewhere, and I’ll paraphrase. He says there’s no distinct criminal class in America, with the exception of Congress. So I think he said it best. I want to associate myself with Past National Commander Conley’s remarks on Humana. I know some of the people that have been appointed to that board. And we had the great fortune at our National Convention and our NEC Meeting in Louisville, to here from Phillip Longman, and it’s in these minutes, and I encourage you to read it, who wrote the book The Best Care Anywhere about the VA. I would say that any proprietary hospital cannot provide that care to any veteran of this nation. I know that there’s some people that I’ve been associated with on some commissions that I’ve served on in the last 36 years that would like to see veterans voucher. In other words, give a chip or a voucher to take anywhere for their health care, to any hospital, any proprietary hospital or public hospital in their area. That has a great appeal to some veterans. But I believe in what Phil Longman said, and I believe that the VA gives the best health care anywhere to veterans in this nation. (Applause) You know, when you look at the VA, veterans have unique needs: spinal cord; TBI; Agent Orange; Asbestosis; environmental impacts on our soldiers and our military wherever they may service; PTSD, post traumatic stress, used to be called shell shock. You know the first claim on PTSD that was adjudicated and granted by the Department of Veterans Affairs, was a claim handled by an American Legion service officer on your VA&R staff. I would say to you that no public hospital or private hospital is going to go through the adjudication system to prove that veterans have PTSD. Asbestosis diagnosis, you know, it’s pacemakers under the VA research. That is because of VA research that we have pacemakers. You know, it’s just amazing me. Agents Orange was another one. This committee funded Jeannne and Steve Stellman for Agent Orange research. And then when we put the research in with the facts, through The American Legion’s efforts, Agent Orange became a service connected disability. I don’t think Humana is going to do that research, or any other private hospital. I will say to you quite frankly, that I believe there are those—this is just my belief, just my little experience, because I always try to put myself on the other side of these

Proceedings of Wednesday, October 14, 2009 115 things, wouldn’t it be great for those people who want a voucher, being a veteran, to private health care to say okay, we’ll grandfather all of those in the VA System. All of those who are eligible for VA health care now, up to this point in time, you go ahead and use it. Now, to all of you coming out of the service, we’ll give you a voucher. Wouldn’t that be the death of the VA? I don’t put them above doing that. And it has an appeal, even Senator McCain when he was a candidate for the Republican nominee for President of the United States, believed in the voucher system. So I fully support this resolution, because this vouchering and all that is going the wrong way. Thank you Mr. Commander. NATIONAL COMMANDER HILL: Any other discussion? All in favor? Opposed? Motion carries. RESOLUTIONS SUBCOMMITTEE MEMBER OWEN: Mr. Commander, there is an addendum to the National Veterans Affairs and Rehabilitation Commission report, and I move that the action of the National Veterans Affairs and Rehabilitation Commission become the action of the National Executive Committee. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. …At this time National Vice Commander Bentley assumed the Chair.

NATIONAL COMMANDER HILL: In accordance with the provisions of resolution 26 concerning the Veterans of Valor just adopted I recommend the appointment of Past National Commander Ron Conley of Pennsylvania to serve as an advisor to the Veterans of Valor Board of Directors for a term of two years ending in October of 2011, and the appointment of Legionnaire Oscar Coward of South Carolina to serve in the same capacity for a term of one year ending in October of 2010. I would now ask for a motion to that effect. RESOLUTION SUBCOMMITTEE CHAIRMAN HEDRICK: I so move, Mr. Commander. …Second NATIONAL VICE COMMANDER BENTLEY: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. NATIONAL COMMANDER HILL: Thank you. (Applause) …At this time National Commander Hill resumed the Chair. NATIONAL COMMANDER HILL: Thank you Chairman Lewis. Moving on to the Internal Affairs Commission report, Larry Besson, Illinois, chairman.

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 before you our action and deliberations. I commend them to your attention. I want to take just a few minutes to hit the highlights of this report. You will hear from National Membership Chairman Dale Barnett in a few minutes the challenges that we have in membership and the actions that we have taken. As leaders we know our challenges, and this is renewals, new members, and we need to ramp up the post development and revitalization efforts. We should dust off the 21st Century Report. There’s a copy in every one of your desks. And go about creating a new post at every community that has a high school. This gets us up to the community so we can build our programs: More baseball; more oratorical contests; more Boys State programs. The national commander of the Sons of The American Legion, Mark Arneson from Georgia, reported on a meeting of the SAL NEC which took place this weekend in Indianapolis. I draw your attention to the SAL accomplishments for 2009 listed in my report. They are doing a fantastic job, the SAL units. As for membership, the Sons are on

116 Proceedings of Wednesday, October 14, 2009 track for another great year. It is indeed an outstanding report, and we are truly proud of their accomplishments. Our NEF is in great shape. We currently have over $2.8 million available in the fund, helping our members and families impacted by natural disasters. Once again we have received great support from our members, our posts, and our departments as far as donations to assist our members and families in need. We are positioned to assist our members and families with immediate assistance as they need it. A few years ago this body passed a resolution that established a unique association between The American Legion. As a result of your action, The American Legion and Team Johnson Motorsports agreed to undertake The American Legion Racing Program. A further resolution passed by this body and agreement with Team Johnson, this program was established at no direct cost to the national organization. That’s how this program began and that’s how the program has continued until this very day. The funding source for The American Legion Racing Program continues to be a variety of membership-based resource streams from merchandise sale, donations, appearance fees, and so forth, and the co-sponsorship of David Law Firm. The David Law Firm located in Houston, Texas, joined The American Legion as an official co- sponsor of No. 76 Freedom Car prior to the 2009 racing season. The David Law Firm has helped countless veterans diagnosed with asbestos related cancer to get the compensation they deserve. Their ad is a feature inside the back page of your American Legion Magazine. 2009 has proved to be a very successful breakout year for The American Legion Racing Program. The American Legion Racing Team has competed in the complete 2009 ASA Late Model Challenge Series schedule. So far this year, Legion Racing has competed in eight ASA Late Model races. At each event the Freedom Car Team normally conducted a show drive appearance at one or more of the local American Legion posts. I’m proud to report to this body today that thanks to your vision and support, that The American Legion Racing Team is now currently in 10th place, just five points behind 9th place in the ASA Late Model Challenge Series point standing. Tenth place isn’t too bad, especially when you figure that there are 69 teams in the rating. So that’s pretty good. In addition, I’m excited to inform you that Jerick Johnson, driver the 76 American Legion Freedom Car is currently in second place, just five points out of first place in the ASA Late Model Challenge Series rookie standings. That’s not too bad of a place to be for your rookie year. The season-ending race of the 2009 ASA Challenge Series will take place Saturday, November the 7th at the Memphis Motorsports Park in Memphis, Tennessee. The O’Reilly’s King’s Ransom 300 will be the longest race of the season. This race will also be televised into 52 million homes. The race will be on the air at Fox Sports Midwest, Fox Sports Florida, and American One Television Network. Be sure to check your local stations when it appears in your home area. Because The American Legion Racing Team is having such a noteworthy series, and because our driver Jerick Johnson is in a tight battle for the rookie standings, The American Legion Racing Team has been asked if it would allow for a TV camera to be mounted inside race car 76. You will be in the car for the 76 car to run around the track, and you will go into the 52 million homes covered by that race. Finally, on behalf of The American Legion Racing Team, I wish to thank all of the departments, posts, and racing points of contact that have provided such wonderful and invaluable local services and assistance at each race location. Needless to say, the overall success for the 2009 season has been in no small part a result of their efforts, and that of the entire Legion Family. The David Law Firm has expressed its desire to co-sponsor The American Legion Racing Team for the 2010 racing season. And discussions to that end are currently taking

Proceedings of Wednesday, October 14, 2009 117 place. We can only hope that the vision displayed by this body a few years ago when it was established that The American Legion effort will continue to thrive through 2010. Mr. Commander, this concludes my report, so I submit it to 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.

Report: Internal Affairs Commission October 12-13, 2009 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 12, and at 8:30 a.m., October 13, in 314A, National Headquarters, Indianapolis, Indiana. My report consists of the following sections: Standing Committee Reports; Program and Internal Action Reports; and Actions on Assigned Resolutions.

Standing Committee Reports Membership and Post Activities Committee Harold D. Barnett (GA), Chairman of the Membership and Post Activities Committee reported on the Membership (DMS). Chairman Barnett (GA) updated the Internal Affairs Commission on the current status of membership, which included on DMS, Renewals and traditional new starts. Both DMS and traditional new starts are doing well. We are on target to make the 190,000 new member recruitment goal of DMS and traditional new starts on running ahead of last year’s total. Unfortunately, similar results are not being seen in renewals. We are running behind in both traditional renewals and headquarters post renewals. This area needs our attention if we are to have a successful membership year.

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

Program Reports Sons of The American Legion Highlights of the Fall National Executive Committee Meeting One hundred ninety three (193) National Executive Committeemen, Alternates, Commission and Committee members attended the 2009 Fall National Executive Committee meeting representing forty-eight (48) Detachments. We also had thirty three (33) guests, for a total of 226 attendees. The Member Training and Development Committee presented the Fourteenth Annual Detachment Commanders’ National Instructional Institute. Thirty eight (38) Detachment Commanders twenty-one (21) Detachment Adjutants attended the Detachment Commanders/Adjutants conference on Saturday, October 11th. In addition, a special class was conducted on public speaking which was well attended and well received. Also, the annual Ambassadors Training program was given to all the newly elected National Vice Commanders. There were nine resolutions considered at the SAL National Convention in Louisville, Kentucky, August 23-25, 2009. The Internal Affairs Commission approved the action of the SAL National Convention at their fall meetings as outlined below:

118 Proceedings of Wednesday, October 14, 2009

Resolution No. Title Recommendation Conferring Title of Honorary Past National Commander to Patrick John NC 1-09 Shea (OH)-deceased Recommend Approval Endorsement of Camille A. LeJeune Jr (LA) for National Vice Commander NC 2-09 South 2010-2011 Received and Filed Endorsement of Jerry Leopold (KS) for NC 3-09 National Vice Commander Midwest Received and Filed Endorsement of Raymond Jarvis (NY) NC 4-09 for National Commander Received and Filed Endorsement of William Towns (OH) NC 5-09 for National Commander Received and Filed Endorsement of Patrick N. Gryskiewicz (WI) for National Vice Commander NC 6-09 Central Received and Filed Endorsement of Joseph Gladden (MD) NC 7-09 for National Vice Commander East Received and Filed NC 8-09 VA Wheelchair Games Held for Study Squadron Handbook Change to wording NC 9-09 on Poppies Handle Administratively

Five resolutions were presented to the SAL National Executive Committee for consideration. One was recommended for approval and is attached; Two were rejected within the committee. Two were received and filed. The resolutions presented and their disposition is as follows:

Resolution No. Title Recommendations NC 8-09 VA Wheelchair Games Rejected NEC 1-F09 Membership Incentive Award Program Recommended Approval $5,000 Donation to VA National NEC 2-F09 Wheelchair Games Rejected Endorsement of James A. Noble (NJ) NEC 3-F09 for National Vice Commander Received and Filed Recognition of George Evans for His NEC 4-F09 Service to the Legislative Commission Received and Filed

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 insure more productive, in-depth programs so that the Sons of The American Legion will become a stronger asset to The American Legion. 2009 membership is at 333,849 members 101.9% of goal, 5,748 squadrons in 52 detachments. 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. On behalf of the members of the Sons of The American Legion, I would like to thank the Internal Affairs Commission and the division staff for their help and guidance.

Proceedings of Wednesday, October 14, 2009 119 A special thanks to Mr. Larry Besson, Mr. George West, Mr. John Querfeld, and Mr. John Kerestan. We continue to see increased participation within the Commissions and Committees of our National Executive Committee from which our further growth is insured. The war on terrorism, which has put our troops in harms way, has only strengthened our resolve to ensure the success of the programs of The American Legion Family. The 2009 SAL accomplishments in support of The American Legion Four Pillars are:

Veterans Affairs & Rehabilitation • 60 Registered (VAVS) Representatives • Member Of National VAVS Board • 252,055 Volunteer Hours Recorded And 14,270 Visits • With $1,245,504 In Cash And Gifts • $70,795 Donated To Fisher House With 3,660 Hours • 9,895 Hours With $42,539 To The Family Support Network

Children & Youth • Single Largest Contributor To The Child Welfare Foundation: • $343,977 With 25, 321 Hours Of Service • Special Olympics -$131,419 Donated With 11,903 Hours Of Service • Childrens Miracle Network—$97,351 In Donations With 8,685 Service Hours • $1213,453 And 66,709 Hours In Support Of Other Children & Youth Programs, Bringing The Total Yearly Donations To All C&Y Programs To $1,817,766 With 112,618 Service Hours

Americanism • 586 Boys State Representatives At A Cost Of $134,221 • 7,666 Color Guard Appearances At A Cost Of $77,193 • 190 American Legion Baseball Teams Sponsored At A Cost Of $109,705 • Other Teams Sponsored At A Cost Of $116,241 • $44,930 In Support Of Scouting • $9,601 In Donations And 19,922 Service Hours To The Oratorical Program • 6,655 Hours And $33,953 To Junior Shooting Sports • 7,494 Flags Presented At A Cost Of $37,654 • 1,351 Flag Education Programs At A Cost Of $13,644 With 3,773 Hours • 5,790 Flag Retirement Ceremonies • 278,140 Flags Presented At Cemeteries & Parades At A Cost Of $70,722 • $287,825 In Scholarships With 11,144 Hours For Educational Programs • 615—5 Star / 10 Ideals Programs At A Cost Of $6,125 • Various Community Service Projects At A Cost Of $671,711 And 482,159 Service Hours • $28,377 In Donations To The National Emergency Fund • A Total Of $1,669,027 And 549,224 Hours Of Service In Support Of Americanism Programs

National Emergency Fund The National Emergency Fund has awarded since the fund was reinstated in 1989 over $6.8 million. In 2008, we approved 643 grants for a total pay-out of $591,795 to

120 Proceedings of Wednesday, October 14, 2009 Legionnaires and Sons of The American Legion members and posts. We currently have over $2.8 million in the fund. At these Fall Meetings, National Commander Hill will issue a challenge to all Department Commanders to raise $500,000. The top donating Department Commanders in each of the six categories based on department size will each receive a plaque on stage in Milwaukee during the 2010 National Convention and their picture in the Dispatch. Also, any Department Commander who also achieves his or her goal will receive a certificate for their accomplishment and placed in the NEF Honor Roll, which will also be published in the Dispatch. The competition starts immediately and ends on August 1, 2010. A brief summary below compares grants and donations:

Year Grant Amount Approved Donation Amount Received Jan 1-Present $ 22,470 $ 251,242 Jan 1-Dec 31, 2008 $ 591,795 $ 426,411 Jan 1-Dec 31, 2007 $ 163,450 $ 526,678 Jan 1-Dec 31, 2006 $ 190,050 $ 540,718 Yearly Average (2000-2004) $ 213,141 $ 339,816 Yearly Average (1995-2004) $ 371,896 $ 399,576 (Note: 1997-Red River Valley grants exceeded $1.5M)

American Legion Racing The American Legion Race Team is currently in 10th place out of 69 teams (5 points out of 9th) in the ASA Late Model Challenge Series point standings after eight races. In addition, Jerick Johnson, driver of the #76 American Legion Freedom Car is currently in 2nd place out of 69 drivers (5 points out of 1st) in the ASA Late Model Challenge Series Rookie point standings. The season ending race of the 2009 ASA Challenge Series will take place on Saturday, November 7th, at the Memphis Motorsports Park, in Memphis, TN. The O’Reilly’s King’s Ransom 300 will be the longest race of the season. This race will also be televised to over 52 million homes. The race will air on Fox Sports Midwest, Fox Sports Florida and American One Television Network. Be sure to check your local listings for show times in your home area.

Resolutions Internal Affairs Action on Assigned Resolutions Approved and Forwarded to the Resolutions Subcommittee Resolution No. 28 (Internal Affairs): Support of the Planned Expansion of the National World War II Museum

Approved and forwarded to the Finance Commission

Resolution No. 15 (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 14, 2009 121 Conclusion Thank you for your assistance and for giving us the opportunity to appear before you. Our commission is “Still Serving America.”

Addendum A: Resolutions Not Approved Hold for Further Study Resolution No. 16 (CO) (2009 NC): 100th Anniversary Commemorative American Legion Coin Resolution No. 17 (CO) (2009 NC): Battle of ATTU Memorial Resolution No. 28 (GA) (2009 NC): 100th Anniversary Commemorative American Legion Coins Resolution No. 38 (UT) (2009 NC): Support of Operation Give Resolution No. 80 (FL) (2009 NC): 100th Anniversary Commemorative American Legion Coin Resolution No. 92 (MO) (2009 NC): Designate Liberty Memorial in Kansas City, Missouri as the National World War I Memorial Resolution No. 113 (Convention Committee on National Security) (2009 NC): Designation of National World War I Memorial

Received and Recorded Resolution No. 2634 (GA): Endorsement of Harold “Dale” Barnett for National Commander

Rejected Resolution No. 2632 (PA): John Barry Memorial at the United States Naval Academy Resolution No. 2633 (MI): Support “Voices of a Never Ending Dawn”, a film that strongly forwards The American Legion Resolution No. 2636 (NJ): Support Wartime Twin Cross Country Project

Addendum B Internal Affairs Commission Report to National Executive Committee of The American Legion On the 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 21-23, 2009 and National Executive Committee October 10-11, 2009.

Approved Resolution SAL NC-1-09 Conferring the Title of Honorary Past National Commander (SAL) to Mr. Patrick J. Shea (OH) deceased Resolution SAL NEC-1-09 Membership Incentive Award Program “Triple Nickel”

122 Proceedings of Wednesday, October 14, 2009 No.: NC 1–09 Title: Conferring Title of Honorary Past National Commander to Patrick John Shea Origin: Past National Commanders of the Sons of The American Legion; and Whereas, Patrick J. Shea, Past Detachment Commander of the Detachment of Ohio passed away unexpectedly on January 18th 2009; and Whereas, Pat’s dedication, driven leadership and remarkable accomplishments in Veterans Affairs, Community Service and Legionism have set a standard for all members of the Sons of The American Legion to strive for; and Whereas, Pat Shea consistently demonstrated the best qualities of human compassion and devoted service to others in his Community, State, and Nation; and Whereas, Pat’s accomplishments in his short lifetime impacted not only his home state but also the National Organization of the Sons of The American Legion; and Whereas, he has held multiple positions in the National Organization with distinction and represented his Detachment as their National Executive Committeeman; and Whereas, Pat Shea was an endorsed candidate for the office of National Commander of the Sons of The American Legion 2010-2011; now, therefore, be it RESOLVED, by the Sons of The American Legion in convention session assembled, August 21-23, 2009 in Louisville, Kentucky, that the title of Honorary Past National Commander of the Sons of The American Legion is hereby conferred upon Patrick John Shea, posthumously.

No.: NEC 1–F09 Title: Membership Incentive Award Program Origin: National Commander Mark Arneson, National Membership Committee Whereas, Membership is the life blood of the organization; and Whereas, Various Detachments work extremely hard in attaining membership goals through the use of Membership Committees; and Whereas, The Detachment should be recognized for their untiring efforts; and Whereas, New Charters, Membership renewals and percentage targets are in the forefront of the membership success; now, therefore, be it RESOLVED, by the National Executive Committee of the Sons of The American Legion assembled, October 11-12, 2009 in Indianapolis, Indiana, that a new Detachment membership incentive award be established; and, be it further RESOLVED, that the award be called the “Triple Nickel” award and the criteria for receiving the award be as follows: The Detachment will attain all of the following membership targets by July 1st of the current membership year: Five (5) new Charters (with transmitted membership) 105% Membership over the previous year 85% Renewal Rate; and be it further RESOLVED, that any Detachment that meets the above criteria will be awarded an Emblem Sales Gift Certificate in the amount of $555.00 to be used at the discretion of the Detachment; and, be it finally RESOLVED, that this award begin with the 2010 membership year.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, I move the report be received and filed, with the exception of one resolution and one addendum. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Proceedings of Wednesday, October 14, 2009 123 Resolution No. 28: Support Of The Planned Expansion Of The National World War II Museum Origin: Internal Affairs Commission Submitted by: Internal Affairs Commission WHEREAS, The National World War II Museum, previously named “The National D-Day Museum” opened on June 6, 2000, in New Orleans, Louisiana; through numerous records, films, exhibits and artifacts the Museum honors the citizen soldiers of World War II of all branches of military service, who made the victory possible by their courage, perseverance and sacrifice during the allied and amphibious invasions in all theaters of the war; and WHEREAS, The Museum additionally honors Andrew Jackson Higgins and the Higgins Boat, the landing craft vehicle designed and built by Higgins Industries, Inc. of New Orleans, used in the amphibious invasions of World War II and credited by General Dwight David Eisenhower as the “boat” that won the war for the allies; and WHEREAS, The National World War II Museum was officially designated as “America’s National World War II Museum” in the final Fiscal Year 2004 Defense Appropriations Act (P. L. 108-87, Section 8134); and WHEREAS, The Congressional designation was granted to the Museum since it is the only museum in the United States that exists for the exclusive purpose of interpreting the American experience during the World War II years (1939 - 1945) on both the battlefront and the home front and, in doing so, covers all of the branches of the Armed Forces and the Merchant Marine; and WHEREAS, The purpose of the Museum is to educate and provide a legacy of understanding to future generations of the World War II experience, to insure that future generations are not allowed to forget that during one of history’s darkest hours, there was a generation of Americans who united together to stand as a Nation and confront and defeat the horrific evils of fascism and totalitarianism; and WHEREAS, One of the founding principles of The American Legion is to preserve the memories and instances of our association in the Great Wars; and WHEREAS, The American Legion in keeping with the above stated principle has supported and promoted the mission and programs of The National World War II Museum through previous National Convention and National Executive Committee resolutions, as well as through articles in The American Legion Magazine, Dispatch, and other publications; and WHEREAS, The Museum is currently involved in a $300 million capital expansion campaign, which includes the building of the “United States Freedom Pavilion”, which will serve as the main entrance building to the exhibit halls and other pavilions; and WHEREAS, There is currently pending before the United States Congress legislation seeking a $25 million appropriation, which will provide Federal support for the building of the United States Freedom Pavilion; and WHEREAS, The American Legion supports the mission of The National World War II Museum, its ongoing expansion and the legislation pending before the United States Congress seeking a the $25 million appropriation; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion supports the mission of The National World War II Museum, its planned expansion and the legislation pending before the United States Congress seeking a $25 million appropriation which will provide Federal support for the building of the United States Freedom Pavilion; and, be it further RESOLVED, That the Members of The American Legion are encouraged to contact their Congressmen and Senators, without financial obligation to The American Legion, to urge their support of the mission of The National World War

124 Proceedings of Wednesday, October 14, 2009 II Museum, its planned expansion and the legislation pending before the United States Congress to build the United States Freedom Pavilion.

RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: Resolution number 28 has the approval of the Internal Affairs Commission and your Subcommittee on Resolutions, I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. RESOLUTIONS SUBCOMMITTEE MEMBER DEZURIK: Attached to this report is addendum A. I move the action of the Internal Affairs Commission become the action of the National Executive Committee. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. Thank you, Larry. Next, the Public Relations Commission, Chairman Robert Morrill from New York.

Oral Report: Public Relations Commission Robert L. Morrill, New York, Chairman Thank you, Mr. Commander. Mr. Commander, members of the NEC. The Public Relations Commission met in Room 105 at 9:00 a.m., in National Headquarters on Monday, October 12th. No resolutions were presented at this meeting. Please take the time to read our full report placed on your desk. I would like to cover just a few of the highlights contained in that report. Following the NEC approval of Resolution 11, The American Legion Day, September 16th, and Membership Retention Month, Public Relations and Internal Affairs Commission staff developed a Complete Guide to Your Post’s Legiontown USA Campaign, September through November. The guide contains an array of ideas, public relations and media tools, milestones and suggested events to assist posts in reaching out to communities with public venues and media coverage and increased membership initiatives during the three month period. Designed as an annual campaign, the guide will be available as an anchor to a PR kit to include individual event planning booklets for suggested events such as Disaster Preparedness Day, A Day to Remember, Veterans Service Day, et cetera, as well as the main twin set of publications Legiontown USA and the Four Pillars of the American Legion. It will include a DVD illustrating potential ceremonies for Community Covenant signings in local communities, along with The American Legion Day suggested activities and ceremonies. The Commission noted that the Legiontown USA website is up and operational at legiontown.legion.org. Documents such as a sample Community Covenant and American Legion Day proclamations can also be found on the website. The first annual American Legion Day was quite successful with numerous posts receiving publicity in local media outlets. Operation Comfort Warriors has garnered $200,000 in donations since its inception last December. Donations have been spent to buy comfort items for wounded warriors including sweats, iPods, phone cards, Thanksgiving meals to needy veterans families, video games, DVDs, and other portable electronics. Commander Hill set a goal at National Convention to raise an additional $100,000 by the end of the year. The American legion is also partnering with a small nonprofit, Veterans of Valor, in purchasing and distributing some of these comfort items. Blackhorse Productions is wrapping up its productive year of gathering interviews and other materials for its History of The American Legion DVD. It is scheduled for release early next year. And Blackhorse is asking for all of our help to provide them with

Proceedings of Wednesday, October 14, 2009 125 anything you might have that they can use in this history of The American Legion. In particular they’re looking for moving pictures that you may have of events, both current and in the past. I know for a fact that there are some videos you may have going back 30, 40 years of parades, your department parades or other activities that occurred in your area, and this is what Blackhorse Productions is looking for. They will take some still photos also, but time is very important and we ask that if you have any of these old videos of activities in your communities, that you contact Public Relations as soon as possible so that we can provide them to Blackhorse. From the presence in our nation’s capitol, The American Legion’s media relations efforts scored major hits this reporting period. A front page, above-the-folds, story on the Mojave Desert Cross case in the Washington Post utilized information garnered specifically from The American Legion. In late September the Legion reacted to emerging traditional media and blog reports calling attention to financial hardships caused by VA’s failure to pay Post 9/11 GI Bill education benefits on time. Late payments were being made to approximately 10 percent of the New GI Bill’s quarter of a million student beneficiaries. A positively worded press release was issued, calling attention to the VA’s lack of efficiency and its deleterious effects on student veterans, but offering aid in resolving the problem. Both the VA and the White House expressed gratitude to the Legion for its fair-minded presentation and its offer to help. A few days later, however, another release was critical of the Department of Veterans Affairs. The release, “The American Legion Calls For Transparency at VA. Stop Hiding Your Mistakes,” said Legion Commander, took the Department of Veterans Affairs to task for suppressing inspection reports critical of the medical facilities and care taking. It followed an investigative report by a Pittsburgh newspaper about untenable, but since corrected, conditions at a Philadelphia VA unit. Just days later The American Legion praised the VA for swift action and sensitivity in providing emergency finance relief to the aforementioned victims of late education payments. These media efforts reflect the organization’s fair, balanced, positively oriented, non-sensationalistic, non-judgmental, but when necessary, strongly worded positions on critical issues important to veterans. On another subject, the National American Legion Press Association and Executive Director Michael Duggan is working with Public Relations Commission staff in improving membership processing and administration, and has made significant improvements. Current projects being finalized for completion are the Legion overview video outlining the history and objectives of The American Legion, and a promotional video for Magazine Convention Guide advertising and Convention Exhibit Sales. Additionally, new radio and television PSA reels with a more contemporary theme are in development. Mr. Commander, members of the NEC, this concludes my report.

Report: Public Relations Commission October 12, 2009 Robert L. Morrill, New York, Chairman The Public Relations Commission of The American Legion met in Indianapolis, Indiana at National Headquarters on Monday, October 12, 2009. Following the NEC approval of Resolution 11, The American Legion Day, September 16th and Membership Retention Month, PR and Internal Affairs Commission staff developed the “Complete guide to your Post’s Legiontown, U.S.A. Campaign (September-November). The guide contains an array of ideas, public relations and media tools, milestones and suggested events to assist posts in reaching out to communities with

126 Proceedings of Wednesday, October 14, 2009 public venues, media coverage and increased membership initiatives during the three month period. Designed as an annual campaign, the guide will be available as the anchor of a PR kit to include individual event planning booklets for suggested events such as Disaster Preparedness Day, A Day to Remember, Veterans Service Day, etc. as well as the main twin set of publications of Legiontown, U.S.A. and the Four Pillars of The American Legion. It will include a DVD illustrating potential ceremonies for Community Covenant signings in local communities along with The American Legion Day suggested activities and ceremonies. The booklet contains both the U.S. Senate and House of Representatives resolutions citing Sept. 16 as American Legion Day. The commission noted that the Legiontown, U.S.A. website is up and operational at legiontown.legion.org. Documents such as sample community covenants and American Legion Day proclamations can also be found on the web site. The first annual American Legion Day was quite a success with numerous posts receiving publicity in local media outlets. Operation Comfort Warriors has garnered $200,000 in donations since its inception last December. Donations have been spent to buy comfort items for wounded warriors, including sweats, iPods, phone cards, Thanksgiving meals for needy veterans families, video games, DVDs, and other portable electronics. Commander Hill set a goal at the National Convention to raise an additional $100,000 by the end of the year. The American Legion is also partnering with the small nonprofit “Veterans of Valor” in purchasing and distributing some of the comfort items. The Founder of Veterans of Valor, Klay South, is a Marine who was disabled during the second battle of Fallujah. He has made helping wounded warriors his life mission, constantly visiting them in military hospitals, organizing outings at local restaurants and giving away backpacks stuffed with high dollar electronics. Delegates at the National Convention in Louisville passed Resolution No. 108, which expresses support for Veterans of Valor. Blackhorse Productions is wrapping up a productive year of gathering interviews and other material for its “History of The American Legion” DVD. It is scheduled for release early next year. Producers Steven Grudenic and Jason Heit showed the promotional trailer to the video. They are finalizing interviews and researching stock video and photos from The American Legion library during these meetings. From its presence in the nation's capital, The American Legion’s media relations efforts scored major hits this reporting period. A front page, above-the-fold, story on the Mojave Desert Cross Case in the Washington Post utilized information gleaned specifically from The American Legion. It was also the subject of numerous recent radio and television reports in which the Legion was mentioned by name, prompted by frequent contact with reporters in an ongoing campaign to publicize the matter. In late September, the Legion reacted to emerging traditional media and blog reports calling attention to financial hardships caused by VA’s failure to pay Post 9/11 G.I. Bill educational benefits on time. Late payments were being made to approximately ten percent of the new G.I. Bill’s quarter of a million student beneficiaries. A positively worded press release was issued, calling attention to the VA’s lack of efficiency and its deleterious effect on student veterans, but offering aid in resolving the problem. Both VA and The White House expressed gratitude to the Legion for its fair-minded presentation and its offer of help. A few days later, however, another release was critical of the department. The release, “The American Legion calls for “transparency” at VA. Stop hiding your mistakes, says Legion leader,” took the Department of Veterans Affairs to task for suppressing inspection reports critical of its medical facilities and caretaking. It followed an investigative report by a Pittsburgh newspaper about untenable, but since corrected, conditions at a Philadelphia VA unit. Just days later, The American Legion praised VA for swift action and sensitivity in providing emergency financial relief to the aforementioned victims of late education benefits payments. These media efforts reflect the organization’s fair, balanced, positively oriented, non-sensationalistic, non-

Proceedings of Wednesday, October 14, 2009 127 judgmental but, when necessary, strongly worded positions on critical issues of importance to veterans. Additionally, The American Legion received coverage in the Military Times in articles by Rick Maze: “Legion offers to help vets get GI Bill money,” and “Automatic VA enrollment bill gains support.” Maze wrote, “The American Legion, the 2.5 million- member organization credited with creation of the World War II GI Bill, says it will use its expertise to help veterans apply for and receive their emergency checks and their basic GI Bill benefits.” Kudos to the many Legion departments and posts that obtained significant local newspaper coverage of the declaration of The American Legion Day on Sept. 16. Many quickly were able to obtain local proclamations from city and town mayors after the U.S. Senate and House of Representatives both passed federal resolutions. NALPA Executive Director Mike Duggan is working with PR Commission staff in improving membership processing and administration and has made significant improvements. New NALPA newsletter editor Art Forman (Dept. of NY) just recently published his first newsletter for fall distribution. It featured an article by National Commander Clarence Hill on the importance of communications. Sons of the American Legion Public Relations Chairman Damon Bradtmueller provided a report of their recent PR initiatives. In the weeks since National Convention, commission staff has compiled DVDs of key convention speakers and events and has produced and duplicated over 1,000 DVDs in house for distribution to Legionnaires. Current project being finalized is completion of the Legion Overview video outlining the history and objectives of the Legion, a promotional video for Magazine Convention Guide advertising and Convention Exhibit sales. Additionally, new radio and television PSA reels with a more contemporary theme is in development. There being no further business, the meeting was adjourned at 11:40 a.m.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, I move the report be received and filed. There are no resolutions and no addendums. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. Thank you, Mr. Chairman. Foreign Relations Commission, Michael D. Helm, chairman, Nebraska.

Oral Report: Foreign Relations Commission Michael D. Helm, Nebraska, Chairman National Commander Hill, members of the National Executive Committee, fellow Legionnaires and guests. The report of the Foreign Relations Commission is before you. There is one resolution in the report that my commission has reviewed and re-worked from the 2009 National Convention. We recommend your approval of this resolution. My commission would like to thank Past National Commander John Brieden and Todd White of Wyoming for their valuable research and input on this important resolution addressing the United Nations. Assistant Director Joe Grassi, gave us an overview presentation on resolutions without legislative intent that pertain to our commission. Mr. Grassi also gave us a PowerPoint presentation on the status on American efforts toward freedom and democracy throughout the world, to include Iraq, Iran, Afghanistan, Pakistan and North Korea. The commission participated in a lively and thoughtful discussion of those efforts.

128 Proceedings of Wednesday, October 14, 2009 On Tuesday, the National Security and Foreign Relations Commission toured Muscatatuck Urban Training Center and Camp Atterbury which proved to be very insightful. Muscatatuck is still developing but is currently an active training site, as we continue to fight the Global War on Terror. It is also home to the Patriot Academy, a National Guard training site to help young soldiers to complete their high school diploma while continuing to develop their military skills. Camp Atterbury is a mobilization center for troops deploying overseas. This was as great tour, and I would like to thank and commend past national adjutant and now Past National Commander Bob Spanogle, and National Security Foreign Relations Director Phil Riley, for their efforts in making this trip possible. Finally, I would like to commend Joe Grassi for his continued professional support for me and my commission as we continue the work of the Foreign Relations Commission. Commander Hill, the Foreign Relations Commission looks forward to supporting you and the members of the NEC as we develop an American Legion plan to spread freedom and democracy throughout the world. Commander, this concludes my report.

Report: Foreign Relations Commission October 12, 2009 Michael D. Helm, Nebraska, Chairman An executive session of the Foreign Relations Commission met on Monday, October 12, 2009, in the Circle West Room of the Sheraton Hotel, 31 West, Ohio Street, Indianapolis, to address its agenda slated for its session in preparation for the 2009 Fall National Executive Committee Meeting. The Commission was honored to have Past National Commander John Brieden participate in the proceeding. The meeting was organized in three sections: 1) A review of The American Legion’s United Nations Policy identified as 2009 National Convention Resolution No. 119 as referred by the Foreign Relations Convention Committee for further study; 2) A commission review of 17 resolutions without legislative intent, which are dated from years 1977 through 1994, in the interest of bringing a number of these currently valid and relevant positions up to date as required; and 3) A Power Point presentation and discussion on U.S. Diplomacy and U.S. Foreign Aid led by Joseph Grassi, Assistant Director, National Security / Foreign Relations Division. In terms of the commission’s sole resolution business for the day, The Legion’s United Nations Policy was referred to the Foreign Relations Commission on the basis of whether or not resolved clauses Nos. 2, 3, and 4 are congruent with U.S. National interests and if it correctly articulates The American Legion’s desired position. The Foreign Relations Convention Committee communicated concern over these clauses due to some conflicting language from the 2009 National Convention. Mr. Todd White of Wyoming presented research on the topic along with the national staff. PNC Brieden greatly contributed to the discussion and the commission proceeded to deliberate the issue. The resolution was approved as amended in accordance with the unanimous consensus of the commission. The commission review of current resolutions without legislative intent included the following issues: Rhodesia, Chapin Foundation Gift, Western Hemisphere Task Force, Opposition of the Sale of Technology for Weapons, Department POW/MIA Committees, POW/MIA Empty Chair Policy, Military Initiatives to Protect U.S. Interests, Voice of America Award, Pearl Harbor 50th Anniversary, Removal of Saddam Hussein, Liberation of Kuwait, America’s Future, Control of Military Technology, Japanese Compensation to U.S. POWs of World War II, Support for Viet Nam Assistance for the Handicapped; POW/MIA Flag Flying, and POW/MIA Memorial Highways. In his research, Mr. Grassi

Proceedings of Wednesday, October 14, 2009 129 came across three resolutions with legislative intent addressing free trade with Canada (1992); free trade with Mexico (1992); and the Iranian Crisis (1980) and brought these topics to the attention of the commission. The commission members agreed that these resolutions deserved to be reviewed and potentially need to be improved, renewed and made current and valid again in the near future. The meeting continued with Mr. Grassi’s presentation covering a wide-range of topics such as the FY 2010 Federal Budget for the U.S. State Department and International Aid and Programs; North Korea; China; Iran; Afghanistan; NATO; Pakistan; Iraq; Mexico; along with important updates on the POW/MIA mission. The meeting concluded with a discussion surrounding the presentation and other issues such as State Department involvement in international environmental policy and a potential one-on-one meeting between the National Commander and U.S. Secretary of State Hillary Clinton early next year. PNC Brieden expressed that Secretary Clinton should be reminded of The Legion’s support of some of her initiatives during the time she served as Senator as she considers the scheduling of this meeting. The request for this meeting has been made by national staff to the State Department. Also, the history of The Legion’s support will be communicated by the national staff to the State Department’s Public Affairs Office and appropriate liaison. On Tuesday, October 13, 2009, the National Security and Foreign Relations Call-Ins and Commission members toured the Muscatatuck Urban Training Center and Camp Atterbury at the invitation of Major General R. Martin Umbarger, Commander, Joint Forces Headquarters. The tour included a briefing on the operations conducted at these critical training areas. These installations provide urban warfare and maneuver training to U.S. Army personnel for the Global War on Terror along with training for the FBI and SWAT Teams. This field trip provided the participating Legionnaires with a unique first- hand view and briefing on two of the most interesting warfare and security training facilities in the United States. The Foreign Relations Commission looks forward to working with National Commander Clarence E. Hill and the distinguished members of the National Executive Committee throughout the year and we thank you for your support.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, I move the report be received and filed, with the exception of one resolution and there are no addendums. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 29: The American Legion’s Policy On The United Nations Origin: 2009 NC Resolution No. 119 Submitted by: Foreign Relations Commission WHEREAS, The American Legion played a significant role in helping to establish the United Nations after World War II, believing it would help prevent the outbreak of future wars; and WHEREAS, The American Legion has remained generally supportive of the United Nations over the succeeding years, although it has been critical of particular ineffective, wasteful or undesirable activities of the United Nations; and WHEREAS, Countries with vast national budget surpluses are exploiting their working citizens for unfair economic leverage in the United Nations; and WHEREAS, The current scale of assessments, which weighs and considers the “low per capita income” of each member nation, determines the funding structure of the United Nations is inequitable to the United States; and

130 Proceedings of Wednesday, October 14, 2009 WHEREAS, Although the United Nations in half a century of operation has not fulfilled the lofty purposes of international peace and human betterment envisioned by its founders, it continues to be in the national interest for the United States to function as a member of the United Nations; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion urges the Congress to seek the following reforms in the United Nations and to use American leverage to encourage the United Nations to focus on limited, necessary, achievable tasks that truly better the lot of humankind in a sensible, cost-effective manner; and, be it further RESOLVED, That Congress encourage the United Nations not to infringe on national sovereignty when operating economic and social programs; and, be it further RESOLVED, That Congress encourage the United Nations to recalculate the assessment of nations’ funding obligations to be based on the Gross National Product (GNP) of each country with no ‘low capita income’ factor to distort the proportion of such obligations; and, be it further RESOLVED, That in the absence of such reform of the funding formula, then and only then the United Nations should adopt a weighted voting strength based on the funds contributed by each member nation; and, be it further RESOLVED, That truly independent authority be provided to the Inspector General and ensure that United Nations agencies become subject to periodic, unannounced auditing, the finding of such audits to be reported to member nations; and, be it finally RESOLVED, That an equitable fiduciary relationship be established between the United States and the United Nations.

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: This resolution has the approval of the Foreign Relations Commission, the Subcommittee on Resolutions. I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. Thank you, Mr. Chairman Helm. Membership and Post Activities Commission, Dale Barnett, Georgia, chairman.

Oral Report: Membership and Post Activities Committee Harold D. Barnett, Georgia, Chairman Thank you Mr. Commander. National Commander Hill, members of the National Executive Committee. Thank you for allowing me a few minutes to update you on membership. You have a copy of the written report. However, I would like to highlight just a few areas. These highlighted areas include membership training, trends, ongoing DMS initiatives, and third our membership goal setting for this year. First, we all have to ask ourselves how are we doing in membership? And the answer is quite frankly, the results are mixed. Let’s look first at the biggest area that constitutes our membership, and that’s traditional renewal. We are seeing a decline in traditional renewals of about 50,000 per year over the last two or three Legion years. Somehow, we as a leadership team, have to address this and continue efforts to encourage our post membership teams to get out and make those strong one-on-one contacts, and contact our non-renewed members to see why they’re not renewing. Secondly, we’re seeing a big decline in the number of posts nationally. We are closely and rapidly approaching a total number of posts nationally of fourteen thousand.

Proceedings of Wednesday, October 14, 2009 131 We need to look at efforts—we addressed this in our conference that we held in August about revitalizing and identifying areas to go in and to market penetration to encourage it, and I want to applaud Commander Hill for his efforts in addressing market penetration during our goal setting. We need to reach out, utilizing those membership tools, the technology we have on hand to reverse these trends. The second part of membership is traditional recruitment. This is an area that we’re working. Obviously we’re working because our number is about two thousand up from last year. So your membership teams are out there doing something, and you ought to applaud, pat them on the back and then kick them back out the door and put them out on the road to continue to see an increase in this area. As I’ve got in my written report, it’s important that the next couple of months will be very key to the success of your overall recruitment year. The third part of our recruiting is DMS. We are trying to ensure that we get that 190,000 that we promised. We’ve already on our first mail-out received a 125,000. We have in the last two weeks sent out our second mail-out. We fully expect to reach the 190,000 DMS members by the end of this calendar year. So, for a Christmas present to you, Commander Hill, we want to make sure we get those 190,000. But trust me, every one of us here, DMS is not the total answer to our membership goals. We have to work all three key areas in order to be successful. I would like to highlight some membership initiatives in the area of DMS. We’ve hired a public relations firm out of Columbus, Ohio, Fahlgren Mortine. They’re working in conjunction with our membership team to maintain contacts with those DMS expired, plus those newly recruited DMS members. Within the next month they will be executing a survey instrument, as well as interviews that are oriented on identifying why those DSM members are joining, what their perceptions are, and if they’re expired. The bottom line objective of this is to try to tailor our membership recruitment products and increase retention of DMS members. The third and final topic that I would like to address is our goal setting. I want to commend, as I said earlier, Commander Hill. We had an absolute positive dialogue during our membership goal setting in August. The commanders came in. We had a lot of interaction, positive dialogue between the membership teams, the commanders, and Commander Hill. I want everyone in this room to understand that the membership goals are obtainable, and none of us in this room should leave here without a firm commitment that our membership team, our department can make a hundred percent this year. In that light I want to commend those 49 departments that have already met their 55 percent. In fact, we have nine departments that have already reached the 65, and let’s give those nine departments a big hand. (Applause) We need to continue to focus, as Commander Hill talked about, increasing market penetration, looking at enhanced methods to look at those geographical areas where we can do targeting recruitment in areas where we have low market penetration. Commander Hill, I want to thank you for the opportunity to serve as your chairman of Membership and Post Activities. Your guidance and assistance and encouragement in the area of membership have been extremely important. We understand the hardest easiest job, and we’re going to do it. We would also like to thank our parent commission, the Internal Affairs, for their support in Membership and Post Activities, and Commission Chairman Larry Besson. I want to thank our national staff who are constantly hardworking to make sure that we have the best membership support possible. Commander, pending any questions, this concludes my report.

132 Proceedings of Wednesday, October 14, 2009 Report: Membership & Post Activities Committee Harold D. Barnett, Georgia, Chairman Direct/Renewal/DMS Thus far, during the 2010 membership campaign, we have seen several areas rebound from 2009. For example, traditional new starts are 2,000 members ahead as compared to this same time last year—21,000 new members in 2008 and this year that total is just over 23,000. Another example is DMS. After being on a one year moratorium in 2009 the program was re-introduced for the 2010 membership campaign. The first mailing has lead to an acquisition of just over 125,000 members. We expect the second drop, which just occurred, to bring in the remaining balance to get us to the goal of 190,000 members. We do have one challenge—renewals. Unfortunately, the third piece to the membership puzzle, renewals, is not doing as well. Traditional and headquarters post renewals are behind last year totals.

Target Dates Fifty Departments exceeded the 50% target date on September 10th and nationally we finished with a percentage of 55.94%. The next target date is October 15th (55% Target date). We are just over 61% nationally. Forty-seven departments have exceeded the 55% target. National Commander Hill has sent out a challenge to all the Departments to shoot for 65%—it is within reach. The second renewal just dropped and should have a positive impact on helping extend the increase over the already obtained 55% target date. The concern now is the time period from October to January where there are no renewal notices from National Headquarters. It is important that communication continues with those who still have not renewed. This is a good time to conduct Department caravans, get your membership teams active, and certainly a good time to encourage local posts to work their membership rosters. The more we accomplish early in the 2010 membership campaign the better chance we have in seeing a growth in membership at the end of the year. Even with the acquisition of 190,000 new members through DMS, doesn’t automatically translate into membership growth for 2010.

Post Cancellations If the National Executive Committee approves the current list of 30 posts submitted for cancellation it will bring our national total to 14,087. National staff in conjunction with a limited number of Departments is averaging starting a hundred new/revitalized posts a year. The efforts in post developments have not been enough to grow the number of posts we have because during the year we cancel more than we start. If we are to grow membership, post development needs to be one element in membership which receives our immediate attention.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Commander, I move the report be received and filed. There are no resolutions and no addendums. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? Past National Commander Thiesen. PAST NATIONAL COMMANDER THIESEN: Comrade Commander, you’ve got a good report here. I’m going to go back, it’s probably going to age me just a little bit

Proceedings of Wednesday, October 14, 2009 133 more than I am, but I remember that when this report was handed out, that Ralph Godwin made to The American Legion NEC right here in this room, shortly after that Mr. E. Roy Stone stood up and made a statement that—and I don’t remember it, it would be interesting to pick that statement up and pass it out to all the NECmen, that almost like if he was going to go before the Appointments Committee, you would have to justify why you were bringing in so many post cancellations. That’s the type of leadership we had back then, that’s the type of leadership we need to take back to the departments, and that’s the type of leadership that you and I as representatives of this executive committee should make to our departments, because we have a lot of potential out there with these young veterans. We need to take a second look at it, read this, maybe look at the history book and maybe the adjutant could send that statement that E. Roy Stone put out many years ago. It’s still in my head someplace. So, again, thank you, commander. NATIONAL COMMANDER HILL: Any other discussion? All in favor? Opposed? Motion carries. …At this time National Vice Commander Avis assumed the Chair. NATIONAL COMMANDER HILL: Just one other comment that at the end of the goal setting when we were all done with all the goals and if everybody was to reach their goal there will be a modest increase in the membership this year without DMS. So, the goals totaled up to more than what we ended last year, so I congratulated the department commanders for that. National headquarters has been conducting a test with five departments for several years now to determine if on-line renewal is technologically feasible. It appears that it is. However, there will be costs involved, and a determination must be made concerning who will bear that cost, and in what proportion. Further, to expand the availability of on-line renewals outside of the test mode would require change in our constitution. There is also the issue of unforeseen legal consequences. We have gathered the information that can be gathered from the tests, and I think it is now time to determine if on-line renewal is a workable option for The American Legion. And if so, what steps need to be taken to put it in place. Therefore, I’m asking the National Executive Committee to approve my recommendations for an ad hoc committee to study the feasibility of making on-line renewals a membership option. I would ask that the committee meet as often as it deems necessary; use staff resources available to us at headquarters, and be prepared to present its report to the May 2010 meeting of the National Executive Committee. The persons that I recommend for the ad hoc committee are: Dale Barnett, Georgia, Membership Committee chairman, as the chairman. Larry J. Besson from Illinois, Internal Affairs Commission chairman, as a co-vice chairman; Kenneth D. Danilson of Iowa, Finance Commission chairman, as a co-vice chairman; George C. Lussier, Virginia, NEC member; Robert J. Proctor, Florida, NEC member; Jerry L. Hedrick, North Carolina, NEC member; Terry L. Woodburn, Illinois, department adjutant as a member; Thomas L. Davis, Maryland, department adjutant as a member; Charles M. Yunker, Kansas, department adjutant as a member; Roger Hight, Ohio, department adjutant as a member; and Past National Commander Robert W. Spanogle as a member. I would now ask for a motion to that effect. RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Mr. Commander, I move for the approval of that appointment and the formation of that committee. …Second NATIONAL VICE COMMANDER AVIS: Any question on the motion? All in favor? Opposed? The ayes have it. NATIONAL COMMANDER HILL: Thank you. …At this time National Commander Hill resumes the Chair.

134 Proceedings of Wednesday, October 14, 2009 NATIONAL COMMANDER HILL: I call on the national adjutant for any announcements.

Announcements Mr. Commander, the National Commander’s Dinner honoring the members of the National Executive Committee and visiting Legionnaires will be held this evening at the Sheraton City Centre. Reception at 6:00 p.m. in the Circle Suite, lower level. Dinner at 7:00 p.m. in the Meridian Ballroom, lower level. If you have not yet picked up your tickets, they’re available in Marty Justis’ office south end of the third floor. NATIONAL COMMANDER HILL: We have another announcement from the national judge advocate. NATIONAL JUDGE ADVOCATE ONDERDONK: Thank you, Mr. Commander. I want to thank all the NECmen and alternates who filled in their questionnaire on potential conflicts of interest. Unfortunately, we have six NECmen who have not completed the form, and 26 alternates who have not completed the form. Please pick up the form, fill it out I’ll be at the back of the room to pick it up, and I’ll be in my office. In addition, I have one form that’s completely filled out in proper form, except there’s no name and title on it. No signature. That individual, to protect your identity, please check my office. (Laughter) NATIONAL COMMANDER HILL: The Colors in place, hand salute. …At this time the members of the NEC stood and saluted the Colors. NATIONAL COMMANDER HILL: We’re now in recess until 0830 tomorrow morning. …At 3:30 p.m., the National Executive Committee recessed until 8:30 a.m., October 15, 2009.

PROCEEDINGS

of the

NATIONAL EXECUTIVE COMMITTEE

Thursday, October 15, 2009

…At 8:30 a.m., October 15, 2009, the National Executive Committee was called to order by Clarence E. Hill, national commander, and the following proceedings were had. NATIONAL COMMANDER HILL: The National Executive Committee will come to order. The Colors being in place, hand salute. …At this time the members of the National Executive Committee stood and rendered a salute to the Colors. NATIONAL COMMANDER HILL: I call on National Chaplain John Beaver for the invocation.

Invocation John L. Beaver, Alabama, National Chaplain God, creator of all things, we praise Your holy name. We thank You for this beautiful day. We thank You for Your mercy and Your grace and Your love. We thank You for Your presence on the completion of the business brought before this body yesterday, and ask for Your continued presence today to complete the work set out before us. Provide us divine guidance on our decision that has to be completed. We ask for Your protection for our men and women in harm's way, and to bring them home to their loved ones. Be with our veterans and meet their needs on a daily basis. Be with our Gold Star mothers. Comfort them and give them peace and thank them for their sacrifice to a grateful nation. God bless America. God bless The American Legion. God bless The American Legion Family. Amen.

Pledge of Allegiance And Preamble to the Constitution of The American Legion NATIONAL COMMANDER HILL: I call on National Sergeant-At-Arms Paul Martel, for the pledge. …At this time the members of the National Executive Committee stood and recited the Pledge of Allegiance. NATIONAL COMMANDER HILL: Cover. Please join me with the Preamble. …At this time the members of the National Executive Committee stood and recited the Preamble to the Constitution of The American Legion. NATIONAL COMMANDER HILL: Call on the national adjutant for the roll call.

Roll Call National Officers

National Commander Clarence E. Hill, Florida

National Adjutant Daniel S. Wheeler, Virginia

136 Proceedings of Thursday, October 15, 2009 National Chaplain John L. Beaver, Alabama

National Vice Commanders Morris M. Bentley, Idaho Dr. Gordon B. Browning, Maryland Mark A. Avis, Massachusetts James C. Morris, Ohio Eugene Schumacher, South Dakota

Past National Commanders William E. Galbraith, Nebraska—Excused Joseph J. Frank, Missouri John H. Geiger, Illinois Anthony G. Jordan, Maine—Excused Joe L. Matthews, Texas—Excused Butch L. Miller, Virginia Michael J. Kogutek, New York—Excused Hon. Alan G. Lance, Idaho—Excused Keith A. Kreul, Wisconsin Ray G. Smith, North Carolina Clarence M. Bacon, Maryland Richard J. Santos, Maryland John P. ‘Jake’Comer, Massachusetts Ronald F. Conley, Pennsylvania Hon. H. F. Gierke, North Dakota—Excused John A. Brieden, III, Texas 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—Excused Martin F. ‘Marty’Conatser, Illinois William M. Detweiler, Louisiana—Excused Robert W. Spanogle, Michigan Daniel A. Ludwig, Minnesota David K. Rehbein, Iowa

National Executive Committeemen Department Committeemen Alternate Alabama F. Wayne Turner Alaska James L. Van Horn Arizona Deodoro M. Aguilar Arkansas Cleave B. Weiss California Fred J. Walton Colorado Ralph P. Bozella Connecticut Richard W. Anderson Delaware Charles T. Armbruster, Jr. D.C. Paul H. Hasz Florida Robert J. Proctor France William E. Marshall 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 John F. Milburn Massachusetts Milton K. Lashus

Proceedings of Thursday, October 15, 2009 137 Mexico Arthur Herbruger Michigan Darwin Krieger Minnesota Raymond DeZurik—Excused Marland A. Ronning Mississippi Charles E. Langley Missouri Richard A. Heigert Montana Sylvia A.M. Beals Nebraska Douglas L. Boldt Nevada Salvatore Ruvolo 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 Richard H. Zulch Oklahoma Warren D. Wilson Oregon Charles E. Schmidt Pennsylvania Richard A. Coccimiglio Philippines William J. Kelly—Excused Puerto Rico Rhode Island Ronald P. Levasseur—Excused Normand G. Vadnais South Carolina Billy W. Bell South Dakota Paul A. Evenson Tennessee Perry D. Roberts Texas Conrad L. Roberson—Excused James E. Prendergast Utah William E. Christoffersen 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—Excused William R. Wright, III

NATIONAL ADJUTANT WHEELER: That completes the roll call. NATIONAL COMMANDER HILL: A quorum is present. Do we have any unfinished business? NATIONAL ADJUTANT WHEELER: No, sir. NATIONAL COMMANDER HILL: We move on to reports of cational commissions. Americanism Commission, Joseph Caouette, New Hampshire, chairman.

Oral Report: Americanism Commission Joseph E. Caouette, Jr., New Hampshire, Chairman Mr. Commander, members of the National Executive Committee. It's a privilege once again to stand before you to report on the actions of your National Americanism Commission. Copies of my report and an accompanying attachment have been distributed for your review, but some items of note to be reflected. The commission wishes to congratulate the team sponsored by the Department of Michigan's Post 165 in Midland, who emerged the 2009 American Legion World Series Championship team. The commission also commends the Department of North Dakota, and all Legionnaires and citizens of Fargo for hosting a very successful 2009 American Legion Baseball World Series.

138 Proceedings of Thursday, October 15, 2009 This year’s debut of the first ever live video webcast of the World Series Tournament, proved to be an overwhelming success. Analytics showed that the webcast was viewed for nearly two and a half million minutes by more than 18,900 unique visitors from 10 different countries. Bid packages from cities seeking consideration as the permanent site of The American Legion Baseball World Series are due to national headquarters no later than February 1st, 2010, three and a half months from now. As of today we have no bids in office. At that time, all bids will undergo a triple review. I want to mention this to rebut some rumors traveling around the nation. All bids will undergo a triple review for thorough and careful deliberation in selecting a site that will be of the most benefit to The American Legion Baseball program, and to the players. In 2007, the Americanism Commission expressed concern in the gradual, yet steady decline in participation in Boys State programs. Contained in my written report are results of the participation numbers for our Boys State program this past year. In 2009, national participation showed an upward swing for the first time in many, many years. Though not overly dramatic, it generates excitement to see a reversal, and hard work and dedication will continue to keep the momentum going. So, thank you for what you've been doing in reversing that trend. 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 the 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. And before I close, I must grudgingly offer my congratulations to the New York Yankee fans. And I must thank you all for allowing the entertainer last night to play the theme song of Red Sox Nation, Sweet Caroline. We needed that, and it was a tough year and we will be back. Wait till next year. (Laughter) Mr. Commander, that concludes my report.

Report: Americanism Commission October 12-13, 2009 Joseph E. Caouette, New Hampshire, Chairman Mr. Commander and members of the National Executive Committee: The National Americanism Commission met August 22, 2009 in Louisville, Kentucky prior to the opening of the 91st National Convention of The American Legion. An executive section of the Commission met in Indianapolis, Indiana, October 12-13, 2009. 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 six national youth champions. They were: • Christopher Andrews of Green River, Wyoming—2009 American Legion Boys Nation President • Deckard Day of Albuquerque, New Mexico—2009 Junior Air Rifle Sporter Champion • Emily Quiner of Brooklyn Park, Minnesota—2009 Junior Air Rifle Precision Champion • Brad Jencks of South Jordan, Utah—2009 Eagle Scout of the Year • Patrick Singletary of Hendersonville, North Carolina—2008 American Legion Baseball Player of the Year • Andrew Dykstal of Lafayette, Indiana—2009 Oratorical Champion National Americanism Commission Chairman Joe Caouette (NH) and Chairman of the Commission on Children & Youth, Dennis Boland (FL) exchanged updates regarding

Proceedings of Thursday, October 15, 2009 139 programs of their respective commissions. The joint session also received remarks from William Pease, Director, Americanism and Children & Youth Division. Mr. Pease addressed two legislative bills in Congress supporting a proposed constitutional amendment to protect the flag of the United States against acts of physical desecration, and the challenges that the Citizens Flag Alliance face in dealing with the House and Senate Judiciary Committees in that legislation. Mr. Pease also spoke about the support The American Legion has directed toward preserving the Mojave Desert Veterans Memorial and H.R. 1300 entitled “The Veteran’s Memorials, Boy Scouts, Public Seals and Other Public Expression of Religion Protection Act.” On October 12-13, 2009, 27 members of the National Americanism Commission, the Americanism Council, the Counter-Subversive Activities Committee and the National Committee on Education 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 11th 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 25-27, 2009, in Indianapolis. More than 350 program volunteers attended.

The National Committee on Education The National Committee on Education met October 2-3, 2009, in Ballston Center Room 507, Marymount University, Arlington, Virginia. The Samsung National Selection Committee named the following eleven students as 2009 Samsung American Legion Scholars and each will receive a $20,000 scholarship for their undergraduate studies: • Nathan K. Mickinac, New Manchester, West Virginia • Brett R. Ubl, New Ulm, Minnesota • Shanna Myers, Eugene, Oregon • Kendra Hertz, Billings, Montana • Parry J. Draper, Mascoutah, Illinois • Robert J. Seigfried, Mexico, Missouri • Colby M. Tharpe, Hodges, South Carolina • Luke Sundquist, Bridgewater, Virginia • Julie Micalizzi, Colorado Springs, Colorado • Megan R. Newman, Star City, Indiana • John B. Harringa, Hanlontown, Iowa The remaining 87 “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 escalated the importance of national and homeland security concerns. Because illegal immigration has increasingly escalated into a serious threat against our homeland security, and because the National Security Commission possesses a strong national security focus, the Committee supports a collaborative oversight of illegal immigration issues between the

140 Proceedings of Thursday, October 15, 2009 National Security Commission and the National Americanism Commission as a more beneficial and comprehensive approach. 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-subversive programs at post, district and department levels to help maintain an informed membership.

American Legion Boys State In 2007, by resolution, the Commission expressed concern regarding the trend of declining participation in American Legion Boys State programs. In 2009 the trend experienced an upward swing in participation for the first time in 15 years. There was a total of 19,756 Boys State participants in 2009 among the 49 programs. This reflects an increase of 231 participants over the previous year. The 74th annual Conference of American Legion Boys State Directors was held September 25-27, 2009, in Indianapolis and gave opportunity for Boys State Directors, Chairmen and staff to share ideas, best practices and lessons-learned to continue to improve program participation and to enhance program operation. There were 132 conference attendees representing 40 departments.

American Legion Baseball The National Americanism Commission congratulates the Department of North Dakota, the city of Fargo, host American Legion Post 2 and the hundreds of volunteers who made the 2009 American Legion Baseball World Series (ALB WS) a huge success. The Commission also extends congratulations to the team sponsored by Post 165 in Midland, Michigan who emerged as the 2009 American Legion Baseball World Series championship team. Debut of the first-ever live video webcast of the ALB WS tournament proved to be an overwhelming success. Analytics revealed that the webcast was viewed for nearly 2.5 million minutes by more than 18,900 unique visitors from 10 different countries. Members of the broadcast team in Fargo included Jeff Kent, a five time Major League Baseball All Star player and record holder for the most home runs hit by a 2nd baseman, and Luis Gonzalez, another five time All Star player and ALB alumnus from Post 248 in Tampa Bay. The ALB program will soon have a redesigned and re-engineered website. The site has a sharp look while retaining its strong functionality. The design engineer is finalizing a new online ALB registration program. This system promises to be work and time savers as coaches will be able to register teams, purchase insurance, register players, upload team rosters and schedules, and complete housing and several other forms via the internet from the convenience of their work, home or office. The new website should help eliminate issues of non-American Legion teams purchasing ALB insurance without first registering with the Department Baseball Committee. At the meeting of the National Americanism Commission held at the Sheraton Indianapolis City Centre Hotel in Indianapolis, Indiana, October 12-13, 2009, 18 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. 46 (CA) (2009 NC): American Legion Soccer Program

Proceedings of Thursday, October 15, 2009 141 Received and Recorded Resolution No. 68 (MA) (2009 NC): Government Agencies And Others To Purchase American Made American Flags Resolution No. 39 (OH) (2009 NC): Government Agencies And Others To Purchase American Made American Flags Resolution No. 30 (ID) (2009 NC): Oppose Social Security Benefits for Illegal Immigrants

Disposed of Administratively Resolution No. 78 (WA) (2009 NC): Revision of Boy Scouts of America Health and Medical Record Resolution No. 245 (OH) (2009 NC): Immigrants and the Role of the English Language in the United States

Rejected Register Resolution No. 2635 (NC) (DEC): National Junior American Legion Baseball Registration Fee Resolution No. 24 (MT) (2009 NC): Boy Scouts of America Venturing/Sea Scout Award

RESOLUTIONS SUBCOMMITTEE MEMBER WARNKEN: Motion to receive and file the report of the Americanism Commission, with the exception of three resolutions and one addendum. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 30: Oppose Flag Code Change—Conduct During Hoisting, Lowering Or Passing Of The Flag Or The National Anthem Origin: Americanism Commission Submitted by: Americanism Commission WHEREAS, The American Legion is recognized as one of the country’s foremost authorities on the proper display of the United States flag; and WHEREAS, Title 4, Chapter 1, Section 9, United States Code previously stated, “During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present except those in uniform should face the flag and stand at attention with the right hand over the heart. Those present in uniform should render the military salute. When not in uniform, men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Aliens should stand at attention. The salute to the flag in a moving column should be rendered at the moment the flag passes.”; and WHEREAS, Title 36, Chapter 3, Section 301, United States Code previously stated, “During a rendition of the National Anthem when the flag is displayed all present except those in uniform should stand at attention facing the flag with the right hand over the heart; men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart; and individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note.”; and WHEREAS, Public Law 110-181, 110th Congress, amended Title 4, Chapter 1, Section 9, United States Code to read: “During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, those present in uniform should

142 Proceedings of Thursday, October 15, 2009 render the military salute. Members of the Armed Forces and veterans who are present but not in uniform may render the military salute. All other persons present should face the flag and stand at attention with their right hand over the heart, or if applicable, remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Citizens of other countries should stand at attention. All such conduct toward the flag in a moving column should be rendered at the moment the flag passes.”; and WHEREAS, Public Law 110-417, 110th Congress amended Title 36, Chapter 3, Section 301, United States Code to read: “During a rendition of the national anthem when the flag is displayed individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note; members of the Armed Forces and veterans who are present but not in uniform may render the military salute in the manner provided for individuals in uniform; and all other persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart”; and WHEREAS, The American Legion appreciates the sincere intent of the current law to recognize all veterans by authorizing the military salute as an option to the traditional means of honoring the flag by placing the right hand over the heart; and WHEREAS, Military regulations were affected, which previously specified that members not in uniform face the flag and stand at attention with the right hand over the heart, if covered, men shall remove the headdress and hold it at the left shoulder, the hand being over the heart; and WHEREAS, Title 4, Chapter 1, Section 4, United States Code states, “The Pledge of Allegiance to the Flag” should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute”; and WHEREAS, The sentence “Members of the Armed Forces and veterans who are present but not in uniform may render the military salute,” raises the concern that Legionnaires, while wearing a baseball cap or other casual headdress would render a military salute; and WHEREAS, The non-veteran public may soon follow the lead of those veterans and render the military salute as the flag is hoisted, lowered, is passing or during a rendition of the national anthem when the flag is displayed; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That the sections of the U.S. Flag Code prescribing that members of the Armed Forces and veterans out of uniform may render the military salute during hoisting, lowering, or passing of the United States and/or during a rendition of the national anthem when the flag is displayed, causes confusion leading to breaches of flag etiquette, to include proper conduct during the recitation of the Pledge of Allegiance; and, be it further RESOLVED, That The American Legion encourages the Congress of the United States to repeal that portion of Title 4, Chapter 1, Section 9, United States Code permitting members of the Armed Forces and veterans out of uniform to render a military salute during hoisting, lowering, or passing of the United States flag; and, be it finally RESOLVED, That The American Legion encourages the Congress of the United States to repeal that portion of Title 36, Chapter 3, Section 301, United States Code permitting members of the Armed Forces and veterans out of uniform

Proceedings of Thursday, October 15, 2009 143 to render a military salute during a rendition of the national anthem when the flag is displayed.

RESOLUTIONS SUBCOMMITTEE MEMBER SCHMIDT: This resolution has the approval of your Americanism Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 31: Rescinding Of National Americanism Program Non-Legislative Policy Resolutions Origin: Americanism Commission Submitted by: Americanism Commission WHEREAS, In accordance with resolutions of the 1959 and 1960 National Convention, the National Executive Committee, through its Program Study Committee, has caused to be made a review of all non-legislative policy resolutions, and such action has been taken in further conference with the action of the 1936 National Convention which established policy on the life of such resolutions; and WHEREAS, The National Americanism Commission has concluded an extensive review of 30 National Executive Committee and National Convention resolutions relating to the National Americanism Program from the year 1919 through 2008; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That the following resolutions be and they are being rescinded by reason for (1) being obsolete, (2) accomplishment of purpose, (3) being superseded by later resolutions, (4) being in conflict with later resolutions, (5) being duplicated by later resolutions, (6) having no value because of later changes in program; and (7) for other reasons.

PROPOSED AMERICANISM RESOLUTIONS TO BE RESCINDED

RES. NO./ORIGIN TITLE (BRIEF) REASON Res. 9 NEC May 2008 2008 Boys Nation Contract #2—Accomplished Res. 21 NEC May 1983 Boys Nation Memorial Fund #3—Superseded Scholarship Res. 11 NEC Oct 1997 Increase Boys Nation Memorial #2—Accomplished Fund Scholarship Res. 43 NEC May 1986 Accept Increase in Scholarship #3—Superseded Award to Boys Nation President and Vice-President Res. 13 NEC May 2003 Accept Increase in Boys Nation #3—Superseded Scholarships Res. 14 NEC May 2004 Administration of ECI Boys #1—Obsolete Nation Scholarships Res. 292 NC Aug 2002 Pledge of Allegiance #3—Superseded Res. 138 NC Aug 1973 Scouting for Physically and #6—Later Changes Mentally Handicapped Youth Res. 26 NEC May 2004 “SingAmerica” Project #2—Accomplished Res. 13 NEC Oct 2006 Agreement with Outdoor #1—Obsolete Channel

144 Proceedings of Thursday, October 15, 2009 Res. 5 NEC May 2005 Agreement with All-American #1—Obsolete Talent Showcase Res. 31 NEC May 2004 Agreement with Baseball #1—Obsolete America Res. 4 NEC May 2005 Additional Authority for #1—Obsolete Agreement with Baseball America Res. 33 NEC May 2003 USA Baseball—Tournament of #3—Superseded Stars Res. 24 NEC Oct 2007 Donation to American Legion #2—Accomplished Baseball Res. 14 NEC May 2003 ECI/American Legion Baseball #1—Obsolete Scholarship Program Res. 12 NEC Oct 2002 ECI-American Legion #1—Obsolete Relationship Res. 22 NEC May 2006 Donation to American Legion #2—Accomplished Baseball Res. 33 NEC May 2001 Gatorade American Legion #3—Superseded Baseball Scholarship Program Res. 13 NEC May 2000 American Legion Baseball #3—Superseded Leadership Scholarship Res. 14 NEC May 2000 USA Baseball—Education Grant #2—Accomplished Res. 8 NEC May 2006 American Legion Baseball #2—Accomplished Tournament Dates 2007 Res. 28 NEC May 2007 American Legion Baseball #2—Accomplished Tournament Dates 2008 Res. 35 NEC May 2005 American Legion Baseball #2—Accomplished Tournament Dates 2006 Res. 24 NEC Oct 2005 Need a Lift? Agreement #3—Superseded Res. 47 NEC Oct 2006 Need a Lift? Agreement #3—Superseded Res. 3 NEC Oct 2007 Need a Lift? Agreement #3—Superseded Res. 46 NEC Oct 2006 College Board Agreement #3—Superseded Res. 5 NEC Oct 2007 College Board Agreement #3—Superseded Res. 21 NEC May 2008 DeVry University Scholarship #1—Obsolete

RESOLUTIONS SUBCOMMITTEE MEMBER SCHMIDT: If there are no objections, I will not read the 30 resolutions, therefore, this resolution has the approval of the Americanism Commission, the Subcommittee on Resolutions, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Resolution No. 32: Expression Of Concern In The Decline Of Participation In The American Legion School Award Medal Program Origin: Americanism Commission Submitted by: Americanism Commission WHEREAS, The American Legion School Award Medal Program has been a well respected project of the National Americanism Commission since 1926; and WHEREAS, The American Legion School Award Medal Program places emphasis on Courage, Honor, Leadership, Patriotism, Scholarship and Service; and

Proceedings of Thursday, October 15, 2009 145 WHEREAS, The American Legion School Award Medals are given in recognition of those boys and girls deemed most worthy of the high qualities of citizenship and true Americanism; and WHEREAS, The Award Medal represents the educational symbolism of the Program and associates it with The American Legion and its purposes; and WHEREAS, The American Legion School Award Medal Program is put into effect by Departments, Districts, and Posts; and WHEREAS, The Ralph T. O’Neil Education Trophy is awarded annually to that Department in the United States showing the greatest Americanism activity in the use of The American Legion School Award Medals; and WHEREAS, The National Americanism Commission seeks to promote the ideals of Americanism to the greatest extent possible; and WHEREAS, The National Committee on Education has expressed concern that the number of School Award Medals given has progressively declined by over 130 in the past three years; now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 14-15, 2009, That The American Legion National Executive Committee strongly encourages all levels of The American Legion to take appropriate and necessary action to increase participation in The American Legion School Award Medal Program; and, be it finally RESOLVED, That the concern in the decline of participation in The American Legion School Award Medal Program expressed herewith be conveyed to Department leadership for further dissemination to districts and posts.

RESOLUTIONS SUBCOMMITTEE MEMBER SCHMIDT: This resolution has the approval of the Americanism Commission, your Subcommittee on Resolutions, therefore, I move for its adoption. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

RESOLUTIONS SUBCOMMITTEE MEMBER SCHMIDT: Attached to the Americanism report is Addendum A. I move that the action of the Americanism Commission become the action of the National Executive Committee. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. Thank you, Mr. Chairman. We move on to the Legislative Commission report, James Koutz, Indiana, chairman.

Oral Report: Legislative Commission James Koutz, Indiana, Chairman Good morning. National Commander Hill, members of the National Executive Committee and guests. The National Legislative Commission met in the Sheraton Hotel October 12-13, 2009. No resolutions were referred to the commission. However, attached to this report are two addenda for consideration by the National Executive Committee. Addendum I is a list of the resolutions, with legislative intent, recommended for adoption by this committee during these meetings. If adopted by this committee, these resolutions will be added to the current legislative agenda.

146 Proceedings of Thursday, October 15, 2009 Addendum II is the list of resolutions approved by your committee during the Post- Convention NEC Meeting in Louisville, Kentucky. The commission thoroughly reviewed the entire slate of resolutions passed by the National Convention. In accordance with instructions under Rule 8-b of the National Executive Committee, the commission offers its recommendation for each resolution to be assigned to one of two categories: A legislative initiative, LI, or a legislative policy, LP. A legislative initiative reflects an issue that will receive congressional action during the 111th Congress. Legislative policy reflects an issue that is not likely to be addressed by Congress, but clearly defines The American Legion's official position. The commission received in-depth briefings from the legislative staff on various congressional issues. I would like to share some highlights of that discussion. Both the House and Senate adopted resolutions recognizing September the 16th, 2009 as American Legion Day in accordance with Resolution 11, adopted during the Spring NEC Meetings. Unfortunately, Congress has not passed the Military Construction Veterans’Affairs and Related Agencies Appropriations Act for fiscal year 2010 before the start of the new fiscal year; however, the current 31 day continuing resolution did include an increase in VA medical care accounts. In meetings with the House and Senate leadership, we have been told that there is very little difference between the House passed version and the Senate's version, so ironing out the differences between the two bills should be noncontroversial and easily passed by both chambers. Regrettably, it will probably be the vehicle used to attach more controversial funding bills or passed as part of another massive omnibus bill. However, on a high note, on Tuesday evening the Senate passed the Advance Appropriations bill. Now that bill heads to the White House for the president's signature. The commission would like to thank you, Commander Hill, for taking time to meet face to face with more than two dozen lawmakers. Your message was heard loud and clear. It was reinforced by other Legionnaires visiting in other offices. This was truly an effective grassroots accomplishment. Mr. Commander, I would also like to commend you for your outstanding testimony before the Joint Session of the House Veterans Affairs Commission. In your testimony, you provided clear benchmarks for the Second Session of the 111th Congress. Mr. Commander, thank you for your outstanding leadership, and wish you Godspeed in your future travels. The National Legislative Commission greatly appreciates the continued support of this National Executive Committee, and looks forward to your leadership as we pursue The American Legion's legislative agenda. I would also like to thank the national legislative staff for all that you do. Mr. Commander, that concludes my report.

Advance Report: Legislative Commission September 18, 2009 James E. Koutz, Indiana, Chairman Twenty-four (24) members of the National Legislative Commission, four (4) members of the Liaison Committee, and fifty-eight (58) members of the National Legislative Council and other guests met in the International Ballroom East at the Hilton Washington Hotel in Washington, DC on September 9, 2009. This meeting was convened on the eve of the National Commander’s scheduled presentation of legislative priorities to Congress. Earlier in the day, a legislative briefing session was held for the above- mentioned Legionnaires, National Legislative Council members plus national officers of The American Legion, the American Legion Auxiliary and the Sons of The American Legion.

Proceedings of Thursday, October 15, 2009 147 Issues addressed during the briefing session included: VA funding for Fiscal Years (FY) 2010 and 2011; advance funding for VA health care; and, Medicare reimbursement. National Commander Clarence Hill (FL) made remarks outlining the importance of visiting with lawmakers and leaving the Legislative Priority Sheet with lawmakers and their staffs. Veterans Affairs and Rehabilitation Commission Chairman K. Robert Lewis (CT) gave remarks on VA&R legislative mandates for the coming year. Economic Commission Chairman Dan Dellinger (VA) also gave brief remarks. Immediately following the briefing, the National Legislative Commission meeting was called to order. Legislative Commission Chairman James Koutz gave a brief review of major issues from the briefing session. National Legislative Council Chairman Tim Tetz (NV) gave an update on the Council. Legislative Assistant Director Dean Stoline (IA) discussed the status of the FY 2010 budget and the possibility of delays in finalizing the FY 2010 appropriations measures. On September 10, 2009, National Commander Hill delivered a presentation to a joint session of the House and Senate Veterans’ Affairs Committees that summarized his written testimony. Copies of his written statement were mailed to all members of the House and Senate Veterans’ Affairs Committees, as well as all members of Congress.

Recent Congressional Developments The American Legion began its efforts to influence the FY 2010 budget process in September 2008 with Past National Commander Rehbein’s (IA) written statement submitted to Congress. Early in the First Session of the 111th Congress, The American Legion began lobbying to increase the VA’s funding levels in the budget resolution for FY 2010. On April 2, the House passed its version of the FY 2010 budget resolution, House Concurrent Resolution (H. Con. Res.) 85. The vote for passage was 223-196. The Senate version of the FY 2010 budget resolution, Senate Concurrent Resolution (S. Con. Res.) 13, passed that chamber on the same day by a 55-43 tally. Both chambers’ budget blueprints call for an increase of $5.5 billion above the President’s FY 2010 request for VA funding. On April 29, the House voted 233-193 to agree to the conference report to S. Con. Res. 13. Later the same day, the Senate passed the report by a 53-43 tally. It should be stressed that the budget resolution is not law, but merely the guideline for spending bills. Both the House and Senate have carefully examined the administration’s VA budget proposal for FY 2010. Additional funds were added, pushing the total VA budget— mandatory and discretionary spending—to a total approaching $108.9 billion in the House bill, $109 billion in the Senate version. On July 10, by a vote of 415-3, the House passed H.R. 3082, the FY 2010 spending bill for VA and military construction. The Senate Appropriations Committee passed its version of the spending bill, S. 1407, on July 7. The chart below reflects VA discretionary funding for the current year (FY 2009), the President’s budget request for FY 2010, the amounts approved by the full House and Senate Appropriations Committee contained in H.R. 3082 and S. 1407 respectively, and the funding amounts requested by The American Legion in testimony before the House and Senate Veterans’ Affairs Committees last September.

148 Proceedings of Thursday, October 15, 2009 P.L. 110-329 President’s H.R. 3082 S.1407 Legion’s VA Discretionary FY 2009 FY 2010 VA FY 2010 VA FY 2010 VA Proposal Programs VA Budget Appropriations Appropriations FY 2010 Funding Request Medical Services $30.9 bil. $34.7 bil. $34.7 bil. $34.7 bil. Medical $42.8 bil. Administration $4.4 bil. $5.1 bil. $4.9 bil. $5.1 bil. (includes Medical Facilities $6.0 bil.# $4.6 bil. $4.9 bil. $4.8 bil. Medical & Prosthetic Medical Care Total $41.3 bil. $44.5 bil. $44.5 bil. $44.6 bil. Research) Medical Care Collection Fund (MCCF) [$2.5 bil.] [$2.9 bil.] [$2.9 bil.] [$2.9 bil.] * Medical/Prosthetic Research $510 mil. $580 mil. $580 mil. $580 mil. $532 mil. General Operating Expenses $2.0 bil.# $2.2 bil. $2.1 bil. $2.1 bil. $2.8 bil. Information Technology $2.5 bil.# $3.3 bil. $3.3 bil. $3.3 bil. $2.7 bil. Natl. Cemetery Admin. $280 mil.# $242 mil. $250 mil. $250 mil. $249 mil. Construction: Major Projects $923 mil. $1.2 bil. $1.2 bil. $1.2 bil. $1.8 bil. Minor Projects $742 mil. $600 mil. $700 mil. $685 mil. $1.5 bil. State Veterans’ Homes Construction Grants $325 mil.# $85 mil. $85 mil. $115 mil. $275 mil. State Veterans’ Cemeteries Construction Grants $42 mil. $42 mil. $42 mil. $42 mil. $49 mil. # Includes supplemental funding from Public Law 111-5, the “American Recovery and Reinvestment Act of 2009” * The American Legion continues to support using Medical Care Collection Fund monies as supplements, not offsets, to discretionary VA funding.

In addition to the numbers above, both chambers have included advance appropriations for FY 2011 for the three VA medical care accounts, totaling almost $48.2 billion. At this time, none of the 12 appropriations measures for FY 2010 have been enacted. The House has passed 12 of the bills, while the Senate has passed four of the measures. The President has threatened to veto any appropriations bill that the congressional leadership presents to him that exceeds his budget request. As the beginning of the new fiscal year—October 1—looms closer, congressional leaders are working on a continuing resolution (CR) to fund the Federal government after the deadline by funding Federal programs at FY 2009 spending amounts. Final passage of FY 2010 spending bills— including the VA funding bill—will take place in the near future. It is also possible that the VA funding bill will be rolled into an omnibus spending package with other unfinished appropriations measures, thereby making a presidential veto more difficult. The American Legion is concerned that VA medical care’s annual appropriation is rarely timely, predictable, and sufficient. VA medical care appropriations are rarely available by the start of the fiscal year (October 1). The American Legion participates in the Partnership for Veterans Health Care Budget Reform to urge Congress to assure sufficient, timely, and predictable VA medical care appropriations. This group still supports changing VA medical care appropriations from discretionary to mandatory funding; however, many in Congress oppose this concept because of the growing percentage of the Federal budget that is already mandatory (entitlement) spending. As an alternative, the Partnership is proposing another approach—advance appropriations.

Proceedings of Thursday, October 15, 2009 149 Under this proposal, VA medical care appropriations would remain discretionary. Then, the medical care accounts would be approved one year in advance of the fiscal year. This would resolve the problem of timely and predictable funding that would not be affected by continuing resolutions or other budget delays. The American Legion could still request additional funding if the amount already approved is deemed insufficient. Medical and prosthetics research—especially during a period of armed conflict—is absolutely critical to help service members survive catastrophically disabling injuries. Research remains a critical component of VA medicine. Finally, the Veterans Benefits Administration (VBA) continues to face an ever-growing backlog of claims for service- connected compensation. Although repeated promises to “fix” the problem remain unfulfilled, The American Legion remains steadfastly committed to securing adequate funding and staffing of trained professionals to reverse this trend. On February 12, companion measures, H.R. 1016 and S. 423, were introduced in the House and Senate to address the continuing problem of securing timely funding of veterans’ health care, through a process known as “advance appropriations.” Under the bills – known as the “Veterans Health Care Budget Reform and Transparency Act”—the Veterans Health Administration (VHA) would be funded one year in advance. Currently, VHA is funded one year at a time, and is too often the victim of delays and short-term budgets. Under the legislation, Congress would be authorized to approve VA medical care appropriations one year in advance of the start of each fiscal year. Unlike proposals to convert VA health care to a mandatory funding program, an advance appropriation does not create PAYGO concerns since VA health care funding would remain discretionary. In addition, an advance appropriation would provide VA with up to a year in which to plan how to deliver the most efficient and effective care to an increasing number of veterans with increasingly complex medical conditions. Furthermore, the new legislation would also task the Governmental Accountability Office (GAO) with studying and reporting to Congress for the next three years on VA’s budget forecasting model and estimates. By shedding sunlight on VA’s internal budget process, Congress will have a much greater ability and incentive to develop appropriation bills that provide sufficient funding to meet the best estimate of anticipated demand for VA health care services in future years. On June 23, the House passed H.R. 1016 by a vote of 409-1. During consideration in the House Veterans’ Affairs Committee, an amendment was added to the bill. This amendment would include two more VA accounts in the advance appropriations process, namely information technology and medical/prosthetic research. This amendment, authored by ranking member Steve Buyer (IN), was approved by a 17-8 vote. On August 6, the Senate passed H.R. 1016 by unanimous consent. However, prior to final passage, the text of the House version was removed, and the language of the Senate bill was inserted. The only major difference between the House and Senate versions is the Buyer amendment, which is not in S. 423. As a result, the bill now goes back to the House for further action. On July 24, House Resolution (H. Res.) 679 was introduced in the House by Rep. Deborah Halvorson (IL). 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,” 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 The American Legion and its steadfast and patriotic service to the community, state and nation. The resolution passed the House on September 15 by a voice vote. A Senate companion measure, S. Res. 260, was introduced by Sen. Olympia Snowe (ME) on September 10 and passed the Senate the same day by unanimous consent.

150 Proceedings of Thursday, October 15, 2009 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 14-15, 2009.

Report: Legislative Commission October 12-13, 2009 James E. Koutz, Indiana, Chairman The National Legislative Commission met at the Sheraton Hotel-Circle East, Lower Level in Indianapolis on October 12-13, 2009. Nine (9) members of the National Legislative Commission, the National Legislative Council Chairman, and two (2) members of the National Executive Committee Liaison Committee were in attendance. No resolutions were referred to the Commission for consideration. Attached to this report are two addenda for consideration by the National Executive Committee. Addendum I is a list of the resolutions, with legislative intent, adopted by your National Executive Committee. If adopted by this Committee, these resolutions will be added to the current legislative agenda. The Commission reviewed Addendum II, the entire slate of resolutions approved at the 91st National Convention of The American Legion which are legislative in nature. In accordance with instructions under Rule 8b of the National Executive Committee, the Commission recommends each resolution be assigned to one of two categories: legislative initiative (LI) or legislative policy (LP) statement. Those recommendations are included in Addendum II to this report and are submitted for consideration by this Committee for approval. During the meetings, a concise report of the Council's recent activities was presented by the National Legislative Council Chairman Tim Tetz. Chairman Tetz closed his remarks with a tribute to the late John Tipping (NY) for his stalwart work as a National Legislative Council Vice Chairman and as an effective Legislative Council Member. The Commission then received in-depth briefings from the Legislative staff on various congressional actions since the Commission's last meeting. Commission members discussed Medicare reimbursement; advance appropriations for VA health care; the continuing War on Terrorism; the Defense authorization and appropriations bills for FY 2010; status of the VA appropriations bill for FY 2010; and other issues currently pending in Congress. 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, First Session The 2010 appropriations process is slowing down, the deadline for passage of the 12 appropriations bills to fund federal programs—October1, 2009—has already passed. The House has passed all 12 spending bills, while the Senate has passed only seven. 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 25, the House passed a modified version of HR 2918, the Legislative Branch appropriations measure by a vote of 217-190. It was amended to include a continuing resolution, which contains stop-gap funding for the entire Federal government for one month. The Senate passed the measure on September 30 by a vote of 62-38. It was signed into law on October 1 as Public Law (PL) 111-68.

Proceedings of Thursday, October 15, 2009 151 A continuing resolution is a short-term spending measure that will fund either a portion of or the entire federal government at spending levels equal to the current fiscal year. This stop-gap action could be used for a few weeks, or even several months. Should neither congressional chamber see fit to pass all the 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 the Senate still focused on other matters, the budget process is lagging behind.

Americanism The concerted efforts of millions of Americans—including The American Legion and the Citizens Flag Alliance (CFA)—to pass a constitutional amendment to protect the American flag continue in the 111th Congress. On April 30, Rep. Jo Ann Emerson (MO) introduced House Joint Resolution (H.J. Res.) 47, once more seeking to protect the American flag from acts of physical desecration through passage of a constitutional amendment. The measure currently has 73 cosponsors. A Senate companion measure, Senate Joint Resolution (S.J. Res.) 15, was introduced by Sen. David Vitter (LA) on May 6, and currently has 26 cosponsors. The American Legion will continue to seek passage of a constitutional amendment to protect the American flag because it is the right thing to do. Let the people decide.

Children & Youth On June 18, the House by a vote of 259-157 passed HR 2847, the FY 2010 funding bill for the Departments of Commerce and Justice, science programs and related agencies. The Senate Appropriations Committee on June 25 passed its version of the bill, S 1298, by a vote of 30-0. These measures contain funding for Department of Justice (DoJ) programs supported by The American Legion. They include: • $7.9 billion for the FBI in the Senate bill, $7.8 billion in the House version; • $3.4 billion for state and local law enforcement assistance grants in the House version, $3.2 billion in the Senate bill; • $2 billion for the Drug Enforcement Administration (DEA) in both bills; • $1.1 billion for the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF) in both measures; • $1.1 billion for the U.S. Marshals Service in both bills; and, • $407 million for the Office of Juvenile Justice and Delinquency Prevention (OJJDP) in the Senate measure, $385 million in the House version.

Economics On July 24, the House by a vote of 264-153 passed HR 3293, legislation to fund the Departments of Labor (DOL), Health & Human Services (HHS) and Education for the coming fiscal year. A companion draft measure was approved on July 30 by the Senate Appropriations Committee. The major highlights of the measures include: • Funding of $210.2 million for state administration grants and Federal administration in the House bill, $207.7 million in the Senate companion; • $2.4 million for the National Veterans’ Training Institute (NVTI) in both measures; • A total of $37.3 million for homeless veterans programs in the House version, while the Senate bill contains $35.3 for the program; and, • $9.6 million for the veterans’ workforce investment program in both measures. On July 28 the House by a voice vote passed HR 1803, the “Veterans Business Center Act of 2009.” This measure would amend the Small Business Act to direct the

152 Proceedings of Thursday, October 15, 2009 administrator of the Small Business Administration (SBA) to establish a Veterans Business Center program, headed by a director, to provide entrepreneurial training and counseling to veterans. It would also authorize the SBA director to make grants to each entity designated as a veterans’ business center. Further, it would require each center to use such funds on veteran entrepreneurial development, counseling of veteran-owned small businesses through one-on-one instruction and classes, and providing government procurement assistance to veterans. In addition, HR 1803 would target populations where veterans, specifically veterans of Operations Iraqi Freedom or Enduring Freedom, exceed the national median. It would also require the SBA director to establish, with respect to veteran-owned small businesses, grant programs for: access to capital; procurement assistance; and, service- disabled veteran-owned small businesses. Finally, it would authorize the SBA director to carry out, every two years, a veterans' entrepreneurial development summit. The bill now goes to the Senate for consideration.

Foreign Relations On July 9, the House by a vote of 318-106 passed HR 3081, a bill to fund the Department of State and foreign operations programs for FY 2010. The Senate Appropriations Committee passed its version, S 1434, on July 9 by a 29-1 tally. The House measure provides $48.8 billion in total discretionary funding, while the Senate version contains $48.7 billion. Specific areas of interest to The American Legion include: • $6.4 billion in total global assistance to fight HIV/AIDS, tuberculosis, measles and malaria in the Senate bill, $5.8 billion in the House measure; • $2.7 billion in economic and security assistance to Afghanistan in both bills; • $2.2 billion in military assistance to Israel in both measures; • $1.6 billion for international narcotics control and law enforcement in the House bill, $1.5 billion in the Senate version; • $1.6 billion in economic and border security/anti-terrorism military aid to Pakistan in the Senate measure, $1.5 billion in the House bill; • $1.6 billion for international narcotics control and law enforcement in the House measure, compared to $1.5 billion in the Senate bill; • $1.3 billion in economic and military aid to Egypt in both versions; • $745 million in assistance for nations of Europe, Eurasia and Central Asia in the Senate version, $722 million in the House bill; and, • $513 million in economic and military aid to Jordan in both bills.

Internal Affairs On July 24, House Resolution (H. Res.) 679 was introduced in the House of Representatives by Rep. Deborah Halvorson (IL). This resolution proposed 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,” 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 The American Legion and its steadfast and patriotic service to the community, state and nation. The resolution passed the House on September 15 by a voice vote. A Senate companion measure, Senate Resolution (S. Res.) 260, was introduced by Sen. Olympia Snowe (ME) on September 10 and passed the Senate by unanimous consent the same day. Since the Senate resolution addresses only 2009, The American Legion will continue efforts to secure another resolution in 2010. These bills are considered “simple resolutions” which express the opinions of the chamber and do not go to the White House.

Proceedings of Thursday, October 15, 2009 153 On July 27 President Obama signed PL 111-41, the “Korean War Veterans Recognition Act.” This law amends Title 4 of the United State Code, adding National Korean War Veterans Armistice Day, July 27, to the list of days on which the flag of the United States should be displayed. The American Legion has for many years lobbied Congress to recognize the service and sacrifices of veterans from this conflict.

National Security The House on July 30 by a vote of 400-30 approved HR 3326, the FY 2010 appropriations bill for the Department of Defense (DoD). The bill totals $636.6 billion, an increase of $4.4 billion over current year funding and $3.8 billion below the President’s request. On October 6, the Senate by a vote of 93-7 approved its version of the DoD funding measure. The Senate bill would fund DoD programs at $636.3 billion. Funding for specific program areas include: • $128.3 billion for all costs to continue military operations in Iraq and Afghanistan in the House bill, $128.2 billion in the Senate version. President Obama has made it a priority to move all costs for these operations to the regular appropriations process, and not through supplemental funding bills; • $29.9 billion for DoD health programs in the House measure, $28.3 in the Senate companion; • $7.7 billion for missile defense programs in the Senate measure, $7.2 billion in the House version; • $6.8 billion for the F-35 program, including procurement of 30 planes for the Air Force and Navy in the Senate measure, $6.4 billion for 28 planes in the House bill; • $4 billion for further development and procurement of two additional DDG- 51 (Arleigh Burke) destroyers in the Senate bill, while the House measure would fund only 1 DDG-51 vessel at $2.2 billion; • $3.8 billion for purchase of one Virginia-class attack submarine in FY 2010, and advance procurement for another sub in FY 2011 in both measures; • $6.6 billion for further development, procurement and upgrades of Mine Resistant Ambush Protected (MRAP) vehicles for Iraq and Afghanistan in the Senate bill, $3.6 billion in the House measure; • $2.75 billion in both measures for procurement of 35 V-22 Ospreys for the Air Force and Marine Corps; • $1.7 billion for procurement of 18 additional F/A-18E/F Super Hornet aircraft in the House bill, while the Senate version would fund $1.1 billion for 9 aircraft; • $1.6 billion for further development and procurement of the DDG-1000 (Zumwalt) destroyer in the House measure, $1.4 billion in the Senate bill; • $1.5 billion for the destruction of chemical agents and munitions in both bills; • $1.5 billion for purchases to address National Guard and Reserve units’ equipment shortfalls in the Senate bill, $500 million in the House measure. • $1.2 billion for drug interdiction and counter-drug activities in the House measure, $1.1 billion in the Senate version; and, • $614 million for upgrades and procurement of additional Stryker vehicles in the House bill, $365 million in the Senate measure. The measure contains no funding for closing the Guantanamo Bay detention facility for terrorists captured during the Global War on Terrorism. Appropriators stated that once a plan was in place to close the facility, funding would then be requested.

154 Proceedings of Thursday, October 15, 2009 On June 24, the House by a vote of 389-37 passed HR 2892, the FY 2010 Department of Homeland Security (DHS) appropriations bill. The Senate passed its version, S 1298, on July 9 by a vote of 84-6. The House measure provides $42.6 billion in discretionary spending for DHS programs, an increase of $2.6 billion above current year funding, while the Senate version would provide $42.9 billion. Some of the key provisions include: • $10.2 billion for the U.S. Coast Guard in the Senate measure, $9.7 billion in the House bill; • $11.6 billion for the Bureau of Customs and Border Protection in the Senate version, $11.2 billion in the House bill; • $5.7 billion for the Bureau of Immigration and Customs Enforcement in the Senate measure, $5.4 billion in the House version; • $5.3 billion for the Transportation Security Administration in both bills; • $4 billion in grants for state and local “first responders” in the House version, $3.8 billion in the Senate measure; • $1.5 billion for the U.S. Secret Service in the House measure, $1.48 billion in the Senate bill; • $860 million for the Federal Air Marshals program in both bills; and • $800 billion for border security along the U.S.-Mexico border (included under the “Customs and Border Protection” account) in the Senate measure, $732 million in the House version. On June 25 the House by a vote of 389-22 passed HR 2647, the FY 2010 DoD authorization bill. The Senate passed its version of the measure, S 1390, on July 23 by a vote of 87-7. These measures set spending levels for defense programs, and usually includes a number of policy statements. Some of the major provisions of the bill include: • A 3.4 percent across-the-board pay raise for all military personnel—half a percentage point above the President’s request; • Authorization for missile defense programs; • Authorization to fund the Base Realignment and Closure (BRAC) 2005 account; • Authorization to address equipment shortfalls in the National Guard and Reserves; • Authorization for 28 F-35s (Joint Strike Fighters) in the House bill; • Authorization of full funding for 1 Virginia-class submarine, and advance procurement for two additional submarines to be built in FY 2011; • Increases for FY 2010 of 15,000 Army personnel, 8,000 Marines, 14,650 Air Force personnel, and 2,477 Navy sailors; • Increases in Army personnel by 30,000 for FYs 2011 and 2012; • Authorization for family housing programs; • An authorization for educational impact aid, with an additional funding authorization for those agencies heavily impacted by force structure changes and BRAC; and, • Extension of TRICARE eligibility to reserve members so they can receive full TRICARE coverage 180 days before they go on active duty. On June 24, the House voted 404-0 to pass HR 2990, a bill that will further address the problem of the disabled veterans’ tax. The bill, called the “Disabled Military Retiree Relief Act,” will allow “Chapter 61” retirees—persons who received military disability retirement with less than 20 years of service—to receive their full military retired pay plus VA disability compensation, without a dollar-for-dollar offset of the retired pay by any amount received in disability compensation.

Proceedings of Thursday, October 15, 2009 155 The offset would be phased out over several years, beginning with full payments of retired and disability pay on Jan. 1, 2010 for those whose disabilities are rated at 90 percent or greater, including those whose 100 percent disability is based upon a determination that their medical conditions make them unemployable. Full concurrent receipt for all Chapter 61 retirees would take effect Jan. 1, 2014. However, as the bill currently reads, these increased payments would terminate at the end of FY 2010, which is September 30, 2010. For these payments to continue, they would have to be reauthorized. House Armed Services Committee Chairman Ike Skelton, who introduced the bill, said the legislation does not go as far as he had hoped, but it “…moves us closer to fulfilling the President’s pledge to give disabled veterans full access to the benefits they deserve.” Funding for the bill’s provisions would come from tapping into a development fund for deepwater oil and natural gas resources. Because the money source was not available when the House Armed Services Committee approved HR 2892, the 2010 DoD authorization bill, language relating to the disabled veterans’ tax was not included in that bill. It is likely that the language of HR 2990 will be amended to the DoD authorization measure during conference committee deliberations. The American Legion will continue to push for full repeal of the disabled veterans’ tax. Selective Service System funding for FY 2010 is contained in S 1432, the FY 2010 appropriations measure for financial services and general government, which passed the Senate Appropriations Committee on July 9 by a vote of 29-1. The House version, HR 3170, passed the House on July 16 by a vote of 219-208. That Senate measure would fund Selective Service operations at $24.4 million, while the House version would appropriate $24.2 million for the agency’s operations. Since 1973, the armed forces have relied on volunteers to fill military manpower requirements. However, the Selective Service System remains the primary vehicle by which personnel will be brought into the military if Congress and the President should authorize a return to the draft. The American Legion continues to support funding for the Selective Service System in case of national emergency. On July 10, the House by a vote of 415-3 passed HR 3082, the FY 2010 appropriations measure to fund the VA and military construction programs. The Senate Appropriations Committee on July 7 passed its version of the measure, S 1407, by a vote of 30-0. A total of $24.6 billion was allocated for a variety of military construction projects in the House bill, while the Senate version would allot $23.2 billion. Some specific military construction program areas include: • $7.5 billion to implement closures and re-stationing for the 2005 round of BRAC in both bills; • $2 billion to continue eliminating inadequate military housing in both measures; • $1.4 billion to support additional military construction requirements to support operations and troop increases in Afghanistan in both versions; • $537 million to address a large unfunded backlog of environmental cleanup for military bases closed in previous rounds of the Base Realignment and Closure (BRAC) in the House bill, $422 million in the Senate measure; • $450 million to accelerate the Army’s program to modernize troop housing facilities in the House measure; and, • $200 million for various National Guard and Reserve construction projects in the House bill.

156 Proceedings of Thursday, October 15, 2009 Veterans Affairs And Rehabilitation On July 10, the House of Representatives by a vote of 415-3 passed HR 3082, a bill to fund the Department of Veterans Affairs, military construction programs and related agencies for FY 2010. The bill now goes to the Senate for further action. Three days earlier, the Senate Appropriations Committee approved its version of the bill, S 1407, by a vote of 30-0. In addition to FY 2010 appropriations, both HR 3082 and S 1407 include advance appropriations for FY 2011 for the medical care accounts, totaling nearly $48.2 billion. These FY 2011 accounts include: $37.1 billion for medical services; $5.3 billion for medical support and compliance; and, $5.7 billion for medical facilities. The chart below presents the major discretionary funding categories of VA’s budget, showing funding for the current year, the President’s FY 2010 budget request, the funding request in HR 3082 passed by the House, the funding requested by the Senate Appropriations Committee in S 1407 and The American Legion’s FY 2010 budget proposal as presented by National Commander Rehbein last September.

VA P. L. President’s S 1407 American Discretionar 110-329 FY 2010 HR 3082 FY 2010 Legion’s y FY 2009 Final VA Budget FY 2010 VA VA FY 2010 Programs VA Funding Request Appropriations Appropriations Request Medical Services $30.9 bil. $34.7 bil. $34.7 bil. $34.7 bil. Medical $42.8 Support & billion Compliance $4.4 bil. $5.1 bil. $4.9 bil. $5.1 bil. (includes Medical medical & Facilities $6 bil.# $4.7 bil. $4.9 bil. $4.8 bil. prosthetic Total research) Medical $41.3 bil. $44.5 bil. $44.5 bil. $44.6 bil. Care Medical Care Collections Funds [$2.5 bil.] [$2.9 bil.] [$2.9 bil.] [$2.9 bil.] * Medical/ Prosthetic Research $510 mil. $580 mil. $580 mil. $580 mil. Information Technology $2.5 bil.# $3.3 bil. $3.3 bil. $3.3 bil. $2.7 bil. Genl. Operating Expenses $2 bil.# $2.2 bil. $2.1 bil. $2.1 bil. $2.8 bil. Natl. Cemetery $280 mil.# $242 mil. $250 mil. $250 mil. $249 Admin. mil. Major Construction $923 mil. $1.2 bil. $1.2 bil. $1.2 bil. $1.8 bil. Minor Construction $742 mil. $600 mil. $727 mil. $685 mil. $1.5 bil. State Homes Construction Grants $325 mil.# $85 mil. $85 mil. $115 mil. $275 mil. State Cemeteries Construction Grants $42 mil. $42 mil. $42 mil. $42 mil. $49 mil. # Includes supplemental funding from PL 111-5 * The American Legion supports using Medical Care Collections Funds as supplements, not offsets, to discretionary VA funding.

Proceedings of Thursday, October 15, 2009 157 Funding for related agencies in this bill which are monitored by The American Legion include: • $81 million for the American Battle Monuments Commission in the Senate version, $62 million in the House bill; • $27 million for the U.S. Court of Appeals for Veterans’ Claims in both measures. • $42 million for operations, maintenance and construction at Arlington National Cemetery in the House measure, $37 million in the Senate bill; and, • $134 million for operations, maintenance and new construction at the Armed Forces Retirement Home in both bills. On February 12, legislation was introduced in both the House and Senate to address a funding mechanism for the VA medical care accounts that is sufficient, timely and predictable. The measures, HR 1016 and S 423, are the “Veterans Health Care Budget Reform and Transparency Act of 2009.” The House bill was introduced by House Veterans’ Affairs Committee Chairman Bob Filner (CA); the Senate version was introduced by Senate Veterans’ Affairs Committee Chairman Daniel K. Akaka (HI). The problem for America’s veterans is that appropriated discretionary funds are not always available to VA by the start of the fiscal year because of political conflicts. This delay in the timely provision of medical care funds means the VA medical care system administrators cannot hire medical personnel; procure new equipment, supplies and services; or construct and maintain VA medical facilities until those funds are authorized and appropriated. The main problem in adequately funding veterans’ medical care is the inherent political nature of the appropriations process, a process still very much mired in 19th century thinking. The VA budget is not created based upon the medical care needs of veterans and their dependents. It is, instead, based upon the political agendas of Congress and the President, both of which see the VA budget as a political document, not as a medical care document. The American Legion decided this approach to annual funding failed America’s veterans who earned this benefit by virtue of their selfless devotion to country through their military service. The current medical care funding model used to approve annual discretionary appropriations is clearly flawed. In 2001, The American Legion joined with eight other veterans’ service organizations (VSOs) to create the Partnership for Veterans Health Care Budget Reform. The original intent of the Partnership was to support a mandatory funding mechanism to the VA appropriations process. This approach arose from a recommendation taken from the final report of the President’s Task Force to Improve Health Care Delivery for Our Nation’s Veterans. Mandatory funding for the VA health care accounts meant that veterans’ health care funding would be on par with Medicare or Medicaid funding, both of which do not have to go through the annual appropriations process. However, even with all nine VSOs strongly lobbying for this change for the past eight years, Congress opposed all efforts to change their failed funding system. Finally, the Partnership proposed Congress appropriate funds for the VA medical care accounts one year ahead of the current fiscal year; this process is known as “advance appropriations.” Advance appropriations is a technique used for the last several decades by Congress to secure funding authority one year in advance for certain government programs. In this instance, VA would have its health care accounts funded one year ahead of most other government programs, but Congress still maintains its discretionary authority to approve and oversee the use of these funds. By having discretionary funding decided one year in advance, VA medical care accounts would be removed from current fiscal year

158 Proceedings of Thursday, October 15, 2009 competition and VA would have its medical care funds available on October 1 of each new fiscal year. There would have to be a one-time, two year appropriation process to get this cycle started. In addition, if advance appropriations for VA medical care are adopted by Congress, VA administrators will know one year in advance what their fiscal year appropriations will be and can thus plan accordingly for delivering quality medical care services to all enrolled veterans who need it. On June 10, the House Veterans’ Affairs Committee passed HR 1016 by a vote of 23-0. The bill would require—beginning—with FY 2011—a two-fiscal-year discretionary new budget authority for the following VA accounts: (1) Medical Services; (2) Medical Support and Compliance; and (3) Medical Facilities. These accounts would be the only VA discretionary appropriations accounts affected by the legislation, and the entire VA budget would still be subject to congressional scrutiny. During consideration, House Veterans’ Affairs Committee Ranking Member Steve Buyer (IN) offered an amendment. It would include the information technology and medical/prosthetic research accounts in the advance appropriations process. The amendment was adopted by a 17-8 vote. The measure was then passed by the full House on June 23 by a recorded vote of 409-1. On August 6, the Senate by a voice vote approved HR 1016. Prior to final approval, the Senate amended the bill by substituting the language of S 423 for the House-passed text. On October 7, Rep. Filner introduced an amendment in the form of substitute language to his original bill. This new language essentially mirrors the Senate version of the bill. The measure passed the House (as H. Res. 804) by a vote of 419-1 and passed the Senate on October 13. The bill now heads to the White House for signature.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: I move the report be received and filed, with the exception of Addendum I and Addendum II. There are no resolutions. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

ADDENDUM I Legislative Commission October 14-15, 2009 In compliance with Rule 8-b of the National Executive Committee, the following resolutions with legislative intent are submitted for approval of the National Executive Committee:

AMERICANISM Resolution No. 30: Oppose Flag Code Change—During the Hoisting, Lowering or Passing of the Flag or National Anthem

ECONOMIC Resolution No. 39: Support Licensure and Certification of Active-duty and Selected Reserve Personnel Resolution No. 40: Support Additional Housing and Funding for Low-Income and Homeless Veterans Resolution No. 41: Support Amending the Eligibility Criteria for the Transfer of the Post 9/11 GI Bill Educational Benefits Resolution No. 42: Support Major Enhancements for the Post 9/11 GI Bill Educational Benefits

Proceedings of Thursday, October 15, 2009 159 FOREIGN RELATIONS Resolution No. 29: The American Legion Policy on the United Nations

INTERNAL AFFAIRS Resolution No. 28: Support of the Planned Expansion of the National World War II Museum

NATIONAL SECURITY Resolution No. 1: Support for the Global War on Terror Resolution No. 35: Military Family Affordable Housing Qualification Resolution No. 36: Priorities for Military Health Care and Wounded Warrior Care

VETERANS AFFAIRS AND REHABILITATION Resolution No. 21: The American Legion Policy on the Department of Veterans Affairs Enhanced Use Lease Policy Resolution No. 23: 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 Resolution No. 24: The American Legion Policy on State Veterans Home Per Diem Reimbursement Resolution No. 27: Amend Title 38, United States Code, to Clarify the Treatment of a Veterans as Adjudicated Mentally Incompetent for Certain Purposes Resolution No. 37: The American Legion Policy on Federal Contractors Resolution No. 38: The American Legion Policy Protecting Veterans and Military Retirees Healthcare

ADDENDUM II Legislative Commission October 14-15, 2009 The National Legislative Commission is required, under Rule 8-b of the National Executive Committee, to recommend category assignments of resolutions with legislative intent adopted during The American Legion National Conventions. On the following list of resolutions, the designation LI (Legislative Initiative) is assigned to resolutions calling for specific congressional action or issues on which Congress is expected to take action in the near future. The designation LP (Legislative Policy) is assigned to resolutions declaring The American Legion general positions on matters of national or international policy. The following resolutions were adopted during the 90th National Convention and are legislative in nature. The National Legislative Commission makes the following recommendations to the NEC’s consideration and action:

ECONOMIC LI Res. No. 6: Support Full Funding and Staffing for the Veterans’ Employment and Training Services Programs (VETS) LI Res. No. 7: Support Transfer of the Disabled Veterans’ Outreach Program (DVOP) and the Local Veterans’ Employment Representative (LVERS) Program to the Supervision and Control of the Veterans’ Employment and Training Services (VETS) LI Res. No. 8: Support Transition Assistance Program Employment Workshops for National Guard and Reserve Members

160 Proceedings of Thursday, October 15, 2009 LI Res. No. 13: Support Amending Title 38, USC, to Prohibit Discrimination and Acts of Reprisals by Employers Against Veterans Who Seek Treatment for their Service-Connected Disabilities LI Res. No. 66: Support Veterans Preference in Public Employment LI Res. No. 67: Support Reasonable Set-Aside of Federal Procurements and Contracts for Businesses Owned and Operated by Veterans LI Res. No. 69: Support Efforts of the Small Business Administration (SBA) Office of Veterans Affairs LI Res. No. 72: Reaffirm Support for Service Members Occupational Conversion and Training Act (SMOCTA) LI Res. No. 85: Support and Strengthen the Servicemembers Civil Relief Act LI Res. No. 95: Support Veterans Home Loans LI Res. No. 101: Support Surviving Spouse Mortgage Eligibility LI Res. No. 111: Support Title 32 Active Guard Reserve (AGR) for Post 9/11 GI Bill Benefits

FOREIGN RELATIONS LP Res. No. 3: Taiwan Straits Dialogue LI Res. No. 20: Support for Increased Personnel and Funding LI Res. No. 21: U.S. Navy Construction Project for POW/MIA LI Res. No. 33: Support Secure Borders and the War against Drugs LP Res. No. 118: Support Environmental Treaty LP Res. No. 120: “Smart Power” Support LI Res. No. 121: Expand Foreign Service Officer Corps

INTERNAL AFFAIRS LI Res. No. 48: Support American Veterans Disabled for Life Memorial LI Res. No. 90: Increase Internal Revenue Service (IRS) Mileage Rate for Charitable Miles to Equal The Mileage Rate Approved for Medical or Moving Purposes LI Res. No. 94: National D-Day Memorial in Bedford, Virginia

NATIONAL SECURITY LP Res. No. 2: (NEC) The American Legion Policy on DoD’s Medical Health System and National Health Care Reform LI Res. No. 23: Support Nuclear Warhead Modernization LI Res. No. 50: Support Full Funding for Military LI Res. No. 52: Defense Against Electromagnetic Pulse Attack LI Res. No. 86: Extend Stop Loss Bonus Payments LI Res. No. 97: Selective Service Registration Program to include Registration of Females LP Res. No. 112: Enhancing Energy Security by Encouraging the Use of All North American Energy Resources LI Res. No. 114: Improved Service for TRICARE Standing Beneficiaries LI Res. No. 116: Support for a Congressional Joint Committee on Military Health Care LI Res. No. 117: Support for the Uniformed Services University of the Health Sciences (USU)

Proceedings of Thursday, October 15, 2009 161 VETERANS AFFAIRS AND REHABILITATION LP Res. No. 1: (NEC) The American Legion Policy on VA and National Health Care Reform LI Res. No. 11: Amend Section 110, Title 38, USC, to provide that Disability Evaluations Continuously in Effect at the Same Evaluation Rating be Protected After a Period of Ten Years LI Res. No. 12: Support Legislation to Repeal the Secretary of Veterans Affairs Authority to Impose a Deductible for Service-Connected Disabled Veterans from the Amount Payable for Beneficiary Travel Pay for Medical Examination, Treatment, or Care LI Res. No. 29: Open-Ended Presumptive Period for Undiagnosed Illness for Gulf War Veterans LP Res. No. 35: The American Legion Position on the Department of Veterans Affairs (VA) Means Test LI Res. No. 105: The American Legion Supports Legislation to Establish a Caregiver Program

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, in compliance with Rule 8-b of the National Executive Committee, I move that Addendum I and Addendum II, and the 16 resolutions with legislative intent of The American Legion, become the legislative intent for the National Executive Committee and for the 111th Congress. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. Thank you, Jim. Move on to national officer reports. National Historian James T. Higuera, California.

Report: National Historian James T. Higuera, California Good morning everyone. Commander Hill, national vice commanders and members of the National Executive Committee. I am honored to be before you today and to report on the activities of the national historian. I begin with a heartfelt thanks to Commander Hill for allowing me this privilege and honor to serve, and to provide my experiences to this national office. And especially to Past National Commander John Gieger and Bruce Thiesen, a special thanks goes out to you. The national historian's office, now as in the past, has been very blessed to have an excellent group of dedicated individuals known as NADHAL, or the National Association of Department Historians of the American Legion. And I want to personally commend NADHAL President Charemon Dunham of South Dakota. They have given as a group their time and energy, countless of hours in proclaiming the nation's very best history and narrative books. We are also blessed in having an excellent librarian and curator, Mr. Howard Trace, and his able office assistants which are very knowledgeable. And I would like to recognize Lynda Lydick; JoEllen Gazvoda; Kevin Flanagan and Bernice Radakovits. They have truly made my time here at the national headquarters a very enjoyable one. They are all to be commended for their efforts in assisting this officer and I thank each and every one of them. I also wish to recognize the junior past national historian from Illinois, Chuck Zelinsky. Chuck, thank you. As he has assisted in my transition into office and he has done a terrific job. To my fellow Legionnaires present here today, and I want you to know that Commander Hill's term of office will only be for only one year, but the memories and

162 Proceedings of Thursday, October 15, 2009 incidents of his association with visitations and friendships made with you will last forever and a lifetime. And I am requesting your help in preserving these memories by your recording of his visitation with photographs, news articles, and any items of interest you wish to submit. Remember, if you want to be part of this year's recorded history, please submit, and I'll tell you now, this historian will be eternally grateful. The last couple of days have been very busy ones for myself and the members of NADHAL along with the national staff for judging the history and narrative books, which brings us to the highlight of the year: The winners. As part of the official record, I would now like to report on the following: There were 47 entries made, with 47 books submitted for judging. And the winners are:

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

Certificates of Participation are awarded to Departments: Department of Pennsylvania Department of Nebraska

The results of the One-Year Department Yearbook History Contest are: First Award, Plaque, Department of Florida Second Award, Plaque, Department of Ohio Third Award, Plaque, Department of Vermont

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

The results of the One-Year Post Narrative History Contest are: First Award, Plaque, No-Vel Post 159, Venice, FL Second Award, Plaque, Missing Man Post 667, Universal City, TX Third Award, Plaque, Ira H. Hayes Post 84, Sacaton, AZ

Certificates of Participation are awarded to Posts: Frankenmuth Post 150, Frankenmuth, MI Leslie W. Kreps Post 62, Salina, KS Colonial Heights Post 284, Colonial Heights, VA Frank B. Bartlett Post 7, Buckhannon, WV

The results of the One-Year Post Yearbook History Contest are: First Award, Plaque, Ontario Post 67, Ontario, OR Second Award, Plaque, Matthews-Crawford Post 131, Warrensburg, MO Third Award, Plaque, Julius L. Shryer Post 430, Durant, IA Honorable Mention, Hardin Post 113, Elizabethtown, KY Honorable Mention, Charlottesville and Albemarle Inc. Post 74, Keswick, VA Honorable Mention, Veterans Memorial Post 347, Lady Lake, FL

Proceedings of Thursday, October 15, 2009 163 Certificates of Participation are awarded to Posts: Harold T. Andrews Post 17, Portland, ME Earl Graham Post 159, Bryan, TX Aurora Post 1992, Aurora, CO Gensi-Viola Post 36, Windsor Locks, CT Earl Collier Post 153, Olathe, KS Army Sgt. Justin D. Norton Post 100, Lacey, WA Clark Post 328, Clark, NJ Frank B. Bartlett Post 7, Buckhannon, WV George F. Johnson Post 1700, West Endicott, NY Dundalk Post 38, Dundalk, MD Leverette-Thomas Post 44, Iva, SC Montpelier Post 3, Montpelier, VT Alois-Dreikosen Post 469, Marathon, WI Hickory Post 48, Hickory, NC Colonel Crawford Post 181, Bucyrus, OH Brentwood Post 156, Brentwood, TN Bryan Mudgett Post 7, Carlsbad, NM Claude R. Batchelder Post 72, Alton, NH William H. Crippen Post 62, Humboldt, SD Valdosta Post 13, Valdosta, GA Charles Whitaker, Jr.—John Burhus Post 82, Eufaula, OK Sipe-Peterson Post 44, Scottsdale, AZ

The judges for the contest were: Diane Adair, (GA); Duane Alexander, (IN); Eleanor Allen, (CO); Virgil Arling (OH); Randy Bain, (ID); Delfo Barabani (MA); W. Frazier Brinley (CT); Thomas Conner, (WA); Charemon Dunham (SD); Robert Gilmore Jr. (AZ); Joseph Johnston (KS); Johnny Keel, (LA); Donald Kinniburgh, (MA); James A. Mariner (NM); Sue Mason, (FL); Cyndi Miller, (TX); James Rohan (WI); Lynne Rollins (GA); N. Larry Rozier (NC); Raymond St. John (VT); Lyle Schaffer, (IA); George Sheehy, (CT); Edward Strain, (AR); Norma Walker, (SC), Dan Watrous (OH); Steve Weber, (CA); Carl Wipperman (WA); Chuck Zelinsky, (IL)

NATIONAL HISTORIAN HIGUERA: I congratulate each and every one of you for submitting a book, and believe me the national commander of course being from Florida had nothing to do with the deliberations of the committee that met. (Laughter) NATIONAL COMMANDER HILL: If you want me to judge anything else I would be happy to. (Laughter) NATIONAL HISTORIAN HIGUERA: In conclusion, I look forward to hearing from each and every one of you in the near future, and I ask that God bless each and every one of you, National Commander Clarence Hill and to God bless The American Legion and may He continue to bless America. Thank you comrades. (Applause) RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Motion to receive and file the Report of the National Historian. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. Call on the national vice commanders. Morris Bentley, Idaho.

164 Proceedings of Thursday, October 15, 2009 Report: National Vice Commander Morris M. Bentley, Idaho Good morning. Mr. Commander, national officers, members of the National Executive Committee, fellow Legionnaires and guests. It's a great honor, I could say, “Wow,” but you know, it’s the greatest honor I've had in the last 42 years of being an American Legion member to be selected as a national vice commander to represent you and this great nation. After installation in Louisville, I flew home to Idaho for about I think one day; came back to Indianapolis and we did our orientation, and attended National Commander Hill's testimony in Washington, D.C., and I then I led our Idaho Delegation to visit our Idaho representatives and senators on the Hill who gave their support to everything you do. I want to thank our congressmen from Idaho for that. Upon returning to Idaho I had the opportunity to speak at a 9/11event in Post Falls, Idaho, which is our largest post. There were over 350 Legion Riders from Idaho in Washington there representing The American Legion Riders. I attended many other functions in Idaho after that. However, the most important one that I attended was last week where I had the opportunity to go to our National Cemetery and represent Idaho and you, for the internment of Chief Warrant Officer Jesse Phelps, a Vietnam Era-MIA pilot who died after flying out of An Khe. He was one of those helicopter pilots that flew in the Ia Drang Valley in 1965. They found his remains and they were interred last week in Idaho. His kids were only born and had never met him. But it was quite a tear-jerking event and as my wife can tell you, it was something you will never forget. After that I attended the Oregon Department Executive Committee meeting. I want to thank the Department of Oregon for their hospitality and their great reception. Well, I won't go any further than that, but they're a great department. After this meeting it will be my honor and privilege to represent you, the West, and represent them and all the other 15 states, or whatever I represent. And I want to say thank you to The American Legion, the greatest organization in the world, for the opportunity to serve you this year. Thank you, Commander. (Applause)

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Motion to receive and file the report of National Vice Commander Bentley. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. Dr. Gordon B. Browning, Maryland.

Report: National Vice Commander Dr. Gordon B. Browning, Maryland They told me two minutes and he saved me a half. You've never seen a teacher do it in two minutes. Commander Hill, officers, members of the National Executive Committee and guests. Good morning and thank you for the opportunity to be of continued service to The American Legion, and through this organization, to America. I joined The American Legion as soon as I became eligible when they made the second adjustment of the Vietnam eligibility period. I've been involved since then at my post, and have held virtually every elected position at the post, county, district and department level. But I never imagined that I would be standing here doing this. I thank you very much for the opportunity. I met with all the commanders of the Southeast Region, and have several visits scheduled already, in fact, two of them a little later in the month, so we're moving right along.

Proceedings of Thursday, October 15, 2009 165 My early experiences as national vice commander were most helpful in broadening my understanding of the organization and how it operates. I was most impressed by the dedication and competence of those individuals, as you know, who work daily at the national level to keep the system running smoothly. I particularly noted the positive attitude and helpfulness of everyone in this building. The orientation we received was thorough and complete, and left me feeling if I ever were to encounter a situation where I needed advice or information, it would be there. Those of whom I've already worked closely with could not have been better colleagues. The other national vice commanders have shown themselves to be exceptional Legionnaires, and are working hard to see that all of us succeed. We've become close confidants and continue to communicate regularly to provide mutual assistance. Our commander and his aide have been there whenever any questions arose, and Commander Hill has invested significant time and effort to assure that his leadership team understands his goals and objectives. One of my first assigned tasks was to contact nearly 300 department commanders, department adjutants, and district commanders, and although I'm still not to the end of the list, I've had some very interesting discussions with those I have reached so far, and noted with pride that each shares an enthusiasm for service that you seldom see in other organizations. Finally, I would be remiss if I did not thank those who made this possible. My wife of nearly 50 years, Eva, has been my constant support and my driver everywhere I go; my children and grandchildren are all members of The American Legion Family. My post, my district and my department have supported me for over three decades as I progress through a series of these assignments. And finally, a special thanks to my department and to the Southern Block for its endorsement, and all of you whose vote provided the final push to put me where I am today. I promise to do my best to make you proud of what you've done to make this happen. Thank you. (Applause)

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Motion to receive and file the report of National Vice Commander Browning. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. Mark A. Avis, Massachusetts

Report: National Vice Commander Mark A. Avis, Massachusetts Commander Hill, officers, members of the National Executive Committee and guests. Good morning. It is with a blue cap mind that I stand humbly before you today as one of your five national vice commanders. After the National Convention I got to go home for a few days and then went into Indianapolis for our orientation on the inner workings of this great organization. During those days in Indy, we got tips on TV, radio interviews, a tour of the Fort, and most importantly got to meet with all the different directors to see exactly how their respective divisions work. Then it was off to Washington, D.C., where again we received great briefings from the directors of our Washington office. The days were packed but we vice commanders did find time to take in a few baseball games. And full of information, our goal is to take the commander's message to the departments. I have to say I think we five vice commanders bonded well, that’s four Army and one Air Force. (Laughter and applause)

166 Proceedings of Thursday, October 15, 2009 The friendships forged in those days of brainstorming I am sure will last a long time and go a long way in making the goals of Commander Hill. After those days of introductions to the inner levels of the organization, I then took my game on the road to the Department of Maine where I attended their fall membership conference. It was there I spoke of the commander's goals for membership, and the workings of The American Legion programs. If you ask especially the first vice commander of Maine what he learned, he will speak of the blue cap Legionnaire and the follow through. You say, “What is the follow through?” Well, it is, as the commander would say, the hardest easiest job, membership. Just because we give an application out or get the money for a new member, for a new member’s dues, our job does not stop there. We must follow through. Remember, not every member wants to get involved, and that is okay. But we have to mentor and encourage those who do want to become involved, then the rest of the family, Auxiliary and Sons, will follow and complete the membership process. This year I stand ready to talk on the Four Pillars on which The American Legion was formed. We have nothing to fear as the pillars are strong, having held up more than 3.2 million members, but are in need of being reminded to our members, especially the new Legionnaires. We must remember that the care for our fellow veterans, Americanism, the children of America and a strong national defense will keep this American Legion first among all veterans groups. I would like to take a personal privilege to thank my wife, Joyce, for her support. For if I didn't have it, we all know this could not happen. My department for nominating me for this position, and of course Past National Commander Morin for his mentorship, friendship, his fiancée Elaine, for her faith as she mentioned me to Paul for his aide when he was in line to become the national commander just shows we do listen to our better half. And of course, Past National Commander Comer, as he is Massachusetts in a lot of ways as most of you know, for his friendship. I would like to thank the many of you in this room for your friendship over the years. A special thanks to Adjutant Dan Wheeler; Executive Director Marty Justis of the Indianapolis Office; Executive Director Jeff Brown of the Fort, and especially to Executive Director Peter Gaytan of the Washington office. In closing, I am an Americanism fan and always support the Americanism programs, and baseball being one of those programs that I do like the best, I have three things to say: One, the Red Sox are on the golf course. Some in this room may say there'll never be a real World Series until the Cubs are there again, but in ending I must say, “Go Yankees,” and thank you Commander Hill for this time to speak. (Applause)

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Motion to receive and file the report of National Vice Commander Avis. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. James Morris, Ohio.

Report: National Vice Commander James Morris, Ohio Good morning. Commander Hill, National Executive Committee members, Legionnaires and guests. What an honor and privilege to serve as your national vice commander this year and to be working the Central Region. The states in the Central Region are Wisconsin, Missouri, Ohio, Michigan, West Virginia, Indiana, and Illinois.

Proceedings of Thursday, October 15, 2009 167 It is also a great honor to serve with National Commander Clarence Hill. And what can I say about the other four national vice commanders, but praise in how dedicated they are to The American Legion. Our togetherness has bonded into a friendship that will last forever. In September, the 1st through the 5th I attended briefings and training and conducted phone calls to all department commanders, department adjutants, and district commanders in the Central Region, while at national headquarters here in Indianapolis. September 7th through 11th I attended training at the Washington, D.C. headquarters office and attended the national commander's testimony. What a great job Commander Hill did. A special thank you to all the national staff, the leadership that they showed us and the honor they showed us and the willingness to help us was just fantastic. My visits to the departments will start this month. I will be in Michigan in October. In November I'll be in Missouri and Illinois. I can see that my year as national vice commander will be very busy and enjoyable, working with the other national vice commanders and a great national commander. A great trust has been placed with me, and I promise all of you I will do my best to uphold that trust. Thank you. (Applause)

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Motion to receive and file the report of National Vice Commander Morris. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. Eugene Schumacher, South Dakota.

Report: National Vice Commander Eugene Schumacher, South Dakota Good morning. We’re going to go until my voice leaves me. I think the liquid sunshine from Indianapolis is setting in. Good morning. Commander Hill, Adjutant Wheeler, National Executive Committeemen, Legionnaires and guests. What an honor and privilege it is to stand before you as one of the five national vice commanders. What a great group of men these other four vice commanders are. We've got to know one another quite well in just a very short time. I'm proud to be the vice commander of the Northwest Division. I call it the “Great 8” and I'll tell you why as we go. The “Great 8” consists of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, Texas, Minnesota, and last but not least, Iowa. We were off and running after the National Convention in Louisville with a two hour meeting with national people from the Indianapolis and Washington, D.C. offices. We were home for three days and then back in Indianapolis for six days of brainstorming, and really getting to know our American Legion inside and out. The national commander sent home about 25 pounds of paper. Trust me, it was 25 pounds. We flew directly to Washington, D.C., to visit our senators and representatives about the Legion budget proposals for the coming year. We attended Commander Hill's testimony before the joint session of the Veterans Affairs Committee. My first official visit will be in Iowa from November the 16th to the 21st on a membership tour. Texas from January 21st to 24th for their mid-winter conference, and then North Dakota from February 5th to the 7th for their mid-winter conference; back into Iowa from the 12th to the 14th for their mid-winter conference. Oklahoma, and I’m really looking forward to this one, going to be on April 16th and 17th for the Childrens Home Weekend. And then in South Dakota, my home state, the 17th to the 20th at their state convention. So as you can see things are starting to move along. More dates are going to be filled in since I've

168 Proceedings of Thursday, October 15, 2009 been here. I understand we have another request from Minnesota and one from Kansas, and I'm looking forward to it. I've been traveling my own department, South Dakota, talking membership and representing the national organization. And again I want to say how proud I am to be one of your five national vice commanders. I salute all of you. Thank you, and God bless America. (Applause)

RESOLUTIONS SUBCOMMITTEE VICE CHAIRMAN WARNKEN: Motion to receive and file the report of the National Vice Commander Schumacher. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. I call on the national adjutant for the eligibility of national officers.

Eligibility of National Officers Daniel S.Wheeler, Virginia, National Adjutant Certification of Officers. National Executive Committee. In accordance with the action of the 13th Annual National Convention of The American Legion held in Detroit, Michigan, September 21-24, 1931, a copy of discharge from service, certified copy of same, or other satisfactory evidence of service, providing eligibility to membership in The American Legion, has been submitted to the office of the National Adjutant by the following National Officers: Clarence E. Hill, National Commander, Florida. National Vice Commanders: Morris M. Bentley, Idaho; Dr. Gordon B. Browning, Maryland; Mark A. Avis, Massachusetts; James C. Morris, Ohio; Eugene A. Schumacher, South Dakota. National Chaplain: John L. Beaver, Alabama. National Historian: James T. Higuera, California. National Sergeant-At-Arms: Paul Martel, Florida. The above proofs have been examined the National Judge Advocate, who has certified to the eligibility of the above named officers for membership in The American Legion. Proof of eligibility for other National Officers has been submitted to the National Executive Committee on earlier occasions. Signed Daniel S. Wheeler, National Adjutant, Approved, Philip B. Onderdonk, Jr., National Judge Advocate.

NATIONAL COMMANDER HILL: Moving on to the Confirmation of Interim Appointments.

Interim Appointments RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, may I address the national adjutant. NATIONAL COMMANDER HILL: Yes, you may. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Adjutant, do you certify the list of interim appointments as a true and correct list? NATIONAL ADJUTANT WHEELER: I so certify. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, I move they be approved without being read. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Confirmation of Interim Appointments National Executive Committee Meeting October 14-15, 2009 Ray Hendrix (Georgia), Convention Commission, 2010 Member

Proceedings of Thursday, October 15, 2009 169 (Replaces Charles F. Wessinger—resigned) William F. Schrier (Washington), Homeland Security & Civil Preparedness Committee, 2011 Member (Replaces Michael L. Montaney—resigned) Wendall J. Sandell (Pennsylvania), National & Homeland Security Council, 2009 Vice Chairman (For purpose of a call-in only) Pete Wasco (Pennsylvania), National & Homeland Security Council, 2009 Vice Chairman (For purpose of a call-in only)

Cancellation of Post and/or Squadron Charters NATIONAL COMMANDER HILL: Cancellation of Posts and/or Squadron Charters. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, may I again address the national adjutant? NATIONAL COMMANDER HILL: Yes, sir. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Adjutant, do you certify that the list of post charters and squadron charters is a true and correct list and that everything has been to try to revitalize these posts and squadrons? NATIONAL ADJUTANT WHEELER: That are three that are being recommended to further investigation and revitalization, but the other twenty-seven have been checked into and I so certify. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: I move that the list be approved without being read. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Confirmation of Cancellation of Post and/or Squadron Charters On August 24, 2009, at the National Convention in Louisville, Kentucky the National Executive Committee approved the cancellation of forty-five (45) 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 Thirty (30) posts have been submitted for cancellation consideration during the Fall NEC Meeting in Indianapolis, IN. Twenty-seven (27) posts are recommended for cancellation. It is recommended the remaining three (3) posts not be considered for cancellation until work can be done to revitalize these post before the May 2010 Spring Meeting.

It is recommended the twenty-seven (27) posts listed below be approved for cancellation:

Department Name Post # Location California Upland 73 Upland Yucca Valley 469 Yucca Valley (merge with Jack V. Rice Post 761) Parkside 505 San Francisco (merge with Golden Gate Post 40) Lester D. Grigsby 764 Lucerene (merge with Tredway Post 194)

170 Proceedings of Thursday, October 15, 2009 Veterans Home of California-Barstow 855 Barstow Homeland 878 Homeland Florida Hawthorne Memorial 329 Leesburg Lotshaw 368 Orange Lake Georgia Seay & Moore 221 Holly Springs Eugene Brown 521 Gainesville (merge with L.C. Pace-Eugene Brown Post 328) L. C. Pace 534 Buford (merge with L.C. Pace-Eugene Brown Post 328) Illinois Advertising Mens 38 Chicago South Holland 883 South Holland Indiana Robert H. Bowman 419 Roann Kansas Purton-Murphy-Popham 100 Minneapolis Douglass 202 Douglass Charles W. Murphy 233 Alden Maryland Esso Marines 1 Baltimore Russell-Sernocky 184 Baltimore Michigan Sauvola 265 Chassell (merge with Alfred Erickson Post 186) New Jersey Dumont 110 Dumont Allendale 204 Alldendale New Milford 217 New Milford Laurence Harbor 332 Laurence Harbor Texas North Harris County 330 Houston Blackstone 482 Fort Worth Virginia Cobbtown 183 Franklin

It is the recommendation of the Membership and Post Activities Committee the following three (3) charter cancellations not be approved until additional research can be done:

Department Name Post # Location Florida Miami Beach 85 Miami Beach Kentucky Godsey-Dishman 134 Monticello Texas Neal Huffaker 473 Monahans

NATIONAL COMMANDER HILL: Dates of future meetings. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, may I again address the national adjutant? NATIONAL COMMANDER HILL: Yes, you may. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Adjutant, are there any dates that we need to approve for future meetings? NATIONAL ADJUTANT WHEELER: No, sir. All have already been confirmed by the National Executive Committee. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: I move they be reported in the digest. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Proceedings of Thursday, October 15, 2009 171 Confirmation of Dates for Future Meetings Following are dates for future meetings of The American Legion for the years 2009, 2010, 2011 and 2012, which have been previously confirmed by the National Executive Committee. They are as follows:

2010 Washington Conference February 28-March 3 2010 Spring Meetings Commissions and Committees May 3-4 National Executive Committee May 5-6 2010 Fall Meetings Commissions and Committees October 11-12 Commanders and Adjutants Conference October 11-12 National Executive Committee October 13-14 2011 Washington Conference March 6-9 2011 Spring Meetings Commissions and Committees May 2-3 National Executive Committee May 4-5 2011 Fall Meetings 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

NATIONAL COMMANDER HILL: Are there any significant gifts to the library? RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Commander, may I again address the national adjutant? NATIONAL COMMANDER HILL: You may. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Mr. Adjutant, do you certify that this significant gifts to the library is a true and correct list, and there are no significant gifts that we need to read? NATIONAL ADJUTANT WHEELER: I so certify. RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: I move that the list be approved without being read. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

Significant Gifts to the National Headquarters Library The following books were donated by NADHAL: Alan’s War: The Memories of G.I. Alan Cope; The U.S. Army and Irregular Warfare, 1775-2007; Danger’s Hour: The Story of the USS Bunker Hill and the Kamikaze Pilot Who Crippled Her; Khobar Towers Tragedy and Response. The Namesake: The Biography of Theodore Roosevelt, Jr. donated by Robert W. Walker. Ma Bell: A Little Known American Story donated by W. Russell Young.

172 Proceedings of Thursday, October 15, 2009 World War II: A Chronology of War and U.S. Army Infantry donated by James O. Muschett. The following publications were donated by the Institute of Museum and Library Services: IPI Media Storage Quick Reference; Framework for Preservation of Museum Collections; Preservation Management for Libraries, Archives and Museums; Capitalize on Collections Care; Emergency Response and Salvage Wheel; Field Guide to Emergency Response; International Review of African American Art Collecting, Conservation, and Collaborations; A Legal Primer on Managing Museum Collections; Museum Handbook Part 1: Museum Collections; Caring for American Indian Objects: A Practical and Cultural Guide; The Nature of Conservation: A Race Against Time; Promoting Preservation Awareness in Libraries; The Care of Prints and Drawings; Caring for Your Family Treasures; The National Trust Manual of Housekeeping: The Care of Collections in Historic Houses Open to the Public; Archival Care and Management. Copies of The American Legion Magazine from 1920’s and 1930’s donated by James J. Thiel. The Yellowlegs; The United States Cavalry; and The Cavalry donated by Curt Garnett. For the Common Defense—A Military History of the United States of America and Their War for Korea donated by Dr. Allan R. Millett. Copy of Company K 22nd Infantry 1918 Thanksgiving Dinner Menu donated by Albert Schultz. Designated Heroes Remember: World War II Survivors—Americans, Germans, Civilians, Christians, Jews—Tell their Stories, 1933-1946 donated by Patricia Mills. The following publications were donated by William J. DeGrosky: The American Legion Weekly, January 18, 1924; The American Legion Weekly, January 2, 1925; The American Legion Weekly, July 3, 1925; The American Legion Monthly, June, 1931; The American Legion Monthly, May, 1940; and The American Legion Monthly, June, 1953.

Significant Gifts to the National Headquarters Museum Scrapbook of New England events of The American Legion donated by Rachel Caliri. Lafayette, Indiana Post’s Legion baseball shirt donated by Joseph T. Bumbleburg. American Legion uniform and World War II era U.S. Army uniform donated by Ben Truskoski. Essay written on S/Sgt. John W. Hammer donated by Earl J. Currie. Purple Heart and Bronze Star awarded to Robert L. Julis donated by John Shockey. American Legion 1929 membership card donated by Ed White. Letter from the Membership Committee of the Temporary State Executive Committee of California donated by Jerome Callahan. Sheet music of “The American Legion Song” for Garrett Cochran Post No 1 in Williamsport, Pennsylvania donated by LaDonna Orians. The American legion Official Certificate of Identification “The Second A.E.F.” of the 9th Annual National Convention donated by Past National Commander Clarence M. Bacon. World War II United States Army uniform: jacket, trousers, two Garrison caps, black tie and tan shirt donated by Marna Barnes. Scrapbook of William B. Follett, National Vice Commander 1919-1920 donated by Suzanne Benton. The following items were donated by James A. Gleason: Chipilly-131st Infantry Post 310 flag, flagpole and stand; United States flag, flagpole and stand; Clayton F. Smith Trophy 1933; binder with history of Chipilly-131st Infantry Post 310; photograph of

Proceedings of Thursday, October 15, 2009 173 Company of the 1st Illinois Infantry 1916; and photograph of parade unit at the 23rd National Convention.

NATIONAL COMMANDER HILL: Moving right along to the report of the Subcommittee on Committees, Richard Anderson, Connecticut, chairman.

Oral Report: Subcommittee on Committees Richard W. Anderson, Connecticut, Chairman Good morning gentlemen. National Commander Hill, national officers, my colleagues on the National Executive Committee and guests. Before I make this report this morning I would once again like to address the importance of filling out your department forms in their entirety and submitting them prior to the deadline that was issued to you. The future of The American Legion lies in your hands, for you have the responsibility of recommending the most qualified members of your departments to serve on our commissions, committees, and councils. We stress this especially on the qualifications of a particular member to serve in the capacity that you recommend. It is also imperative that those individuals you appoint, understand and are committed to the aims and purposes of this organization. Also it is important that when members from your respective departments who are listed to serve become deceased, that you notify the national adjutant's office so that changes can be properly addressed and appropriate people notified. Your 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 proper time to carry it forward for this committee's review. So I thank you for your support in this matter. Mr. Commander, thank you for the privilege of serving as chairman of this subcommittee, and for the qualified people that you have appointed to serve with me. I am pleased to present the following report of the Subcommittee on Committees, with the assistance of, and would they please stand and be recognized as I introduce you. From the Department of South Carolina, Vice Chairman Paul Evenson; from the Department of Louisiana, Charlie Aucoin; from the Department of Alaska, United States Coast Guard veteran, Jim Horn. From the Department of Missouri, Rich Heigert; and from the Department of Pennsylvania, Richard Coccimiglio. We did 1200 names, and one member of the committee I can't even pronounce. (Laughter) Your committee met at national headquarters on Sunday, October 11th, and remained in session all day Monday and Tuesday. We held interviews with 55 departments and received their recommendations. On behalf of the members of this subcommittee, I want to commend the National Executive Committeemen, department commanders and department adjutants for their courteous presentation of their recommendations. Upon completion of the interviews, the report was prepared in rough draft and submitted to the national commander's office for his final approval. This report in its final form is now on your desk. We commend the staff on its excellent work in the preparation of this report, and especially the national commander’s assistant, Nancy Vaughn, for her patience and dedication throughout our sessions. I also commend the members of my subcommittee for their hard work, and thank you, Mr. Commander and all those who helped in the selection of these appointments. With the list on your desk, given 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

174 Proceedings of Thursday, October 15, 2009 make any appointments that he deems necessary. Mr. Commander, that completes my report. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. Call on Jerry Hedrick, chairman of the Subcommittee on Resolutions for a final report. Oral Final Report: Resolutions Subcommittee Jerry L. Hedrick, North Carolina, Chairman Good morning again. Mr. Commander, your Subcommittee on Resolutions has been in session since October 11th. We have considered all resolutions that have come before us from the committees, considered, and acted upon 42 resolutions. I would like to take this time to thank the members of the committee who have done just an outstanding job. They have attended every session and participated in the discussion of all these resolutions. My special thanks goes to my vice chairman, Dave Warnken, from Kansas. If you would stand and remain standing. Robert Proctor from Florida; Robert Owen from Maine; Bill Kile, West Virginia; Charles Smith, Oregon; And our newest member, Raymond DeZurik of Minnesota. As you heard, he had a 6:30 flight so he had to leave. I thank you very much for your dedicated service this week. Appreciation also extended to Howard Trace and his staff who served our committee. I also want to thank the document center, directors, and chairmen of commissions and committees have been most cooperative and helpful to the subcommittee this week in order to bring these reports before you. During our deliberations we met with numerous chairmen and staff who were very helpful in explaining questions about the resolutions we had. And I will say that we had about seven chairmen in our office so that we did go thoroughly through the work. Mr. Commander, it’s a pleasure to serve as your chairman on your Subcommittee on Resolutions. We would like to thank the National Executive Committee in reporting these various resolutions. You’ve been most cooperative, and Mr. Commander, I move the report be received and filed. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. …At this time National Vice Commander Bentley assumed the Chair.

Closing Remarks Clarence E. Hill, Florida, National Commander I do have one piece of unfinished business, I would like to make my recommendations for the 2009 System Worth Saving Task Force membership, and my recommendations are Michael D. Helm, Nebraska; Robert M. Sutter, New York; Ronald Conley, Pennsylvania; Paul Morin, Massachusetts; Thomas P. Mullon, Minnesota; Pat Phillips, Georgia; Bob Wallace, Washington, and John Hickey from Indiana. I would now ask for a motion to that effect.

RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK:: I make that motion, Mr. Commander. …Second NATIONAL VICE COMMANDER BENTLEY: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries.

NATIONAL COMMANDER HILL: So moving on to some closing remarks, I see I have about an hour and 15 minutes to pontificate. (Laughter)

Proceedings of Thursday, October 15, 2009 175 Well, we’re nearly two months into the year here and things are moving rapidly. Once again, I commend those 49 departments that made 55 percent in membership. I don't remember if I announced to you all that I changed definition of second place in the Big 12 Competition, so I will do that again. As you know, that pledges were all made, and in the afternoon I met with the department commanders. The first place winners in each category gets a $2,000 prize, and I changed the definition of second place to be everybody who makes 100 percent of their pledge gets the $1,000 second place prize. So if your department makes 100 percent of what they pledged, they will get the $1,000 second place prize. So I hope that that will give them an additional incentive to keep doing what they're doing. I asked them to share their success stories, and no one had anything to share, so when I left I just said keep doing what you're doing even though you won't tell me what that is. As you heard, you got a lot of work done here with your resolutions. Americanism says that Boys State participation is up. That’s a good thing. I congratulate you for that. But there are other programs, the school medals, is still down. There's still a lot of work that needs to be done with the programs. Oratorical is always in need of work. So I encourage you to continue sharing with your departments and helping them get that work done. So I don't have much else to say. I thank you for what you've been doing this year. When you leave here, please don't keep anything that you picked up here a secret. Go back to your departments; you are the leadership of this organization. If you're in this room, that means you're part of that leadership, and you need to be out there leading. Give that mentorship and that guidance to your departments. So I thank you for what you're doing. I think this year is going to be pretty good when it comes to technology. I'm looking forward to that new website coming out, and as I said last night about the donations to the Burn Pit, there have been over 500 donors, it's over $50,000. At 8:30 this morning, Mark Seavey was going to be talking to Target, and at the time that conversation was initiated, we were at the $30,000 mark and they were talking about matching it. So it will be real interested in seeing how well he did in that conversation. There's a computer organization that's donating 56 computers to the cause that are fully loaded Dell laptops that we were going to have a problem shipping until my good friend George Lussier, a fellow department commander with me, happens to have a deputy undersecretary of defense for logistics in his post that's going to take care of our shipping problem. And I thank you once again, George, for coming forward with that. And like I say go forth and do good things. So thank you for all that you're doing and God bless you all and God bless America. (Standing applause) …At this time National Commander Hill resumed the Chair.

NATIONAL COMMANDER HILL: I call on Jerry Hedrick one more time.

Technical Motion RESOLUTIONS SUBCOMMITTEE CHAIRMAN HEDRICK: Thank you Mr. Commander. Mr. Commander, I would like to make a motion that the national adjutant be given the authority to review the minutes and the digest this meeting, make any technical corrections without changing the intent of the minutes while we've been here. …Second NATIONAL COMMANDER HILL: There is a motion and a second. Any discussion? All in favor. Opposed. Motion carries. I call on National Chaplain John Beaver, for the benediction. Uncover.

176 Proceedings of Thursday, October 15, 2009 Benediction John L. Beaver, Alabama, National Chaplain Before I start, I would like to read just a short message here. And it says, "Each and Every Person. Each and every person has a very special place which fulfills a special mission and is touched by love and grace. Each and every person fills a very special role, which reveals a special talent that lies deep within soul. Each and every person plays a very special part, which portrays a special calling and lives within the heart." And that's us, The American Legion. And I would like to say to the commander; Commander, we will be giving you air cover with prayers at all times while you continue to do your mission. Dear gracious Father, as we go before You today, we just thank you for this meeting and thank You the blessings You have given upon us. We ask for Your travel mercies for each and every one that goes home and for those who already went. We ask You to bless this great country, the United States of America, and we thank You for the service of those that are here today. Amen.

NATIONAL COMMANDER HILL: Cover. The Colors of our nation in place. Hand salute. …At this time the members of the National Executive Committee stood and rendered a salute to the Colors. NATIONAL COMMANDER HILL: I now declare this meeting of the National Executive Committee adjourned. Thank you. …At 9:30 a.m., the Fall Meeting of the National Executive Committee adjourned. Sine Die.

Proceedings of Thursday, October 15, 2009 177 Report: Citizens Flag Alliance, Inc. October 14-15, 2009 Steve Robertson, Louisiana, President The Citizens Flag Alliance is pleased to report on recent achievements in the 111th Congress. In the first session of the 111th Congress, Representatives Jo Ann Emerson (MO) and Jim Marshall (GA) introduced House Joint Resolution (H.J. Res.) 47, a proposed constitutional amendment supported by The American Legion and the Citizens Flag Alliance (CFA). The resolution was referred to the Committee on the Judiciary at introduction on April 30. It was, then, referred to the House Subcommittee on the Constitution, Civil Rights, and Civil Liberties on June 12. The road to enactment will not be easy. The Judiciary Committee chairman is Rep. John Conyers, Jr. (MI) and the chairman of the Constitution, Civil Rights and Civil Liberties Subcommittee is Rep. Jerrold Nadler (NY). Both are known opponents of the proposed constitutional amendment. Currently, neither the Judiciary Committee nor its Constitution Subcommittee plan to hold hearings on a flag protection amendment. Thus, we will have some major battles ahead, but we are ready to take on those challenges. And we need your help. The following list contains the 72 current House members who are cosponsors of the bill. If your representative is not listed and is either a supporter or undecided, please contact them and ask that they sign on as cosponsors.

COSPONSORS (72) Biggert, Judy [IL-13] - 6/2/2009 Blackburn, Marsha [TN-7] - 6/2/2009 Blunt, Roy [MO-7] - 6/11/2009 Boehner, John A. [OH-8] - 6/11/2009 Boozman, John [AR-3] - 9/29/2009 Boustany, Charles, Jr. [LA-7] - 5/19/2009 Brown, Henry E., Jr. [SC-1] - 4/30/2009 Buyer, Steve [IN-4] - 6/11/2009 Capito, Shelley Moore [WV-2] - 7/9/2009 Carney, Christopher [PA-10] - 6/26/2009 Childers, Travis [MS-1] - 6/16/2009 Conaway, K. Michael [TX-11] - 6/4/2009 Doyle, Michael F. [PA-14] - 7/29/2009 Edwards, Chet [TX-17] - 6/2/2009 Fallin, Mary [OK-5] - 5/5/2009 Fleming, John [LA-4] - 5/14/2009 Forbes, J. Randy [VA-4] - 6/9/2009 Foxx, Virginia [NC-5] - 7/14/2009 Garrett, Scott [NJ-5] - 6/9/2009 Gingrey, Phil [GA-11] - 4/30/2009 Gordon, Bart [TN-6] - 4/30/2009 Halvorson, Deborah L. [IL-11] - 7/7/2009 Herseth Sandlin, Stephanie [SD] - 9/29/2009 Jordan, Jim [OH-4] - 9/17/2009 Kagen, Steve [WI-8] - 6/2/2009 King, Peter T. [NY-3] - 5/21/2009 Kirkpatrick, Ann [AZ-1] - 7/28/2009 Kline, John [MN-2] - 7/31/2009 Lamborn, Doug [CO-5] - 9/22/2009 Lance, Leonard [NJ-7] - 9/17/2009 Latham, Tom [IA-4] - 5/19/2009 Latta, Robert E. [OH-5] - 6/4/2009 Lee, Christopher J. [NY-26] - 9/22/2009 Lipinski, Daniel [IL-3] - 6/16/2009 LoBiondo, Frank A. [NJ-2] - 5/20/2009 Luetkemeyer, Blaine [MO-9] - 6/24/2009 Lummis, Cynthia M. [WY] - 6/11/2009 Manzullo, Donald A. [IL-16] - 6/2/2009 Marshall, Jim [GA-8] - 4/30/2009 McCarthy, Carolyn [NY-4] - 6/26/2009 McCaul, Michael T. [TX-10] - 6/2/2009 Michaud, Michael H. [ME-2] - 5/19/2009 McIntyre, Mike [NC-7] - 5/20/2009 Miller, Gary G. [CA-42] - 6/16/2009

178 Proceedings of Thursday, October 15, 2009 Miller, Candice S. [MI-10] - 5/19/2009 Moran, Jerry [KS-1] - 5/14/2009 Miller, Jeff [FL-1] - 7/8/2009 Murtha, John P. [PA-12] - 7/8/2009 Murphy, Tim [PA-18] - 6/11/2009 Paulsen, Erik [MN-3] - 5/5/2009 Neugebauer, Randy [TX-19] - 6/4/2009 Posey, Bill [FL-15] - 4/30/2009 Platts, Todd Russell [PA-19] - 6/2/2009 Rehberg, Denny [MT] - 7/14/2009 Price, Tom [GA-6] - 9/14/2009 Roe, David P. [TN-1] - 6/16/2009 Reyes, Silvestre [TX-16] - 9/14/2009 Shuster, Bill [PA-9] - 6/2/2009 Shimkus, John [IL-19] - 7/28/2009 Skelton, Ike [MO-4] - 4/30/2009 Simpson, Michael K. [ID-2] - 5/19/2009 Smith, Christopher H. [NJ-4] - 6/4/2009 Smith, Adam [WA-9] - 7/14/2009 Terry, Lee [NE-2] - 7/8/2009 Teague, Harry [NM-2] - 5/21/2009 Wamp, Zach [TN-3] - 7/29/2009 Tiahrt, Todd [KS-4] - 5/19/2009 Wittman, Robert J. [VA-1] - 7/7/2009 Wilson, Joe [SC-2] - 4/30/2009 Young, C.W. Bill [FL-10] - 5/19/2009 Wolf, Frank R. [VA-10] - 6/2/2009 Young, Don [AK] - 9/14/2009

On May 6, Senator David Vitter (LA), along with 17 colleagues, introduced a companion bill, Senate Joint Resolution (S.J. Res.) 15. The resolution was referred to the Committee on the Judiciary at introduction. The Judiciary Committee is chaired by Senator Patrick Leahy (VT), and the chairman of the Constitution Subcommittee is Sen. Russell Feingold (WI). They, too, are well-known opponents of the flag amendment. This will be an uphill fight. The following list contains the 26 current Senate members who are cosponsors of the bill. If your senator is not listed and is either a supporter or undecided, please contact them and ask that they sign on as cosponsors.

COSPONSORS (26) Bayh, Evan [IN] - 6/2/2009 Brownback, Sam [KS] - 5/6/2009 Bunning, Jim [KY] - 5/6/2009 Burr, Richard [NC] - 5/6/2009 Chambliss, Saxby [GA] - 5/6/2009 Coburn, Tom [OK] - 5/7/2009 Cochran, Thad [MS] - 5/6/2009 Collins, Susan M. [ME] - 6/15/2009 Crapo, Mike [ID] - 5/6/2009 DeMint, Jim [SC] - 5/6/2009 Enzi, Michael B. [WY] - 5/6/2009 Grassley, Chuck [IA] - 5/6/2009 Inhofe, James M. [OK] - 5/6/2009 Isakson, Johnny [GA] - 5/6/2009 Johanns, Mike [NE] - 5/6/2009 Lugar, Richard G. [IN] - 5/14/2009 Murkowski, Lisa [AK] - 5/6/2009 Risch, James E. [ID] - 5/6/2009 Roberts, Pat [KS] - 5/6/2009 Rockefeller, John D., IV [WV] - 7/9/2009 Shelby, Richard C. [AL] - 5/14/2009 Snowe, Olympia J. [ME] - 6/8/2009 Stabenow, Debbie [MI] - 5/12/2009 Thune, John [SD] - 5/6/2009 Wicker, Roger F. [MS] - 5/6/2009 Barrasso, John [WY] - 10/5/2009

Once a simple majority of cosponsors representing bipartisan support in both chambers is identified, we will approach the respective Committees seeking hearings. Thus, it is imperative that we continue to persevere in our efforts and strive to garner the support of additional cosponsors, so that we can move forward. Keep up the good fight!

Proceedings of Thursday, October 15, 2009 179 Some may not be aware that CFA Board Chairman Professor Richard Parker underwent back surgery in July. It was not without complications and, initially, he was left paralyzed from the chest down. Recovery following the surgery has been slow, but steady. Although he has returned to the classroom at Harvard and is teaching his regular schedule, when we last talked with him a couple of weeks ago, he was still relying on a wheelchair to move around. His attitude is good and the road to full recovery, while possibly lengthy, appears bright. He asked that I offer his thanks for the many cards and letters from so many of his friends within The American Legion.

[This report was distributed but not presented as part of the meeting.]

180 Proceedings of Thursday, October 15, 2009 NATIONAL SECURITY AD HOC COMMITTEE ON TRICARE REPORT

Introduction The Ad Hoc Committee (AHCOM) on TRICARE met for its first meeting on August 5, 2009 at The American Legion Washington, DC National Office. The AHCOM was created during The American Legion’s Policy Coordination and Action Group (PCAG) meeting on June 18, 2009. The AHCOM’s purpose is to define and coordinate decisions dealing with the programs of the Military Health System (MHS), particularly the civilian component known as TRICARE, and to establish a plan of action to address future policy and legislation concerning the future of TRICARE and the delivery of high quality health care to all TRICARE beneficiaries. AHCOM Mission: Following the PCAG, the Committee met to begin its quest to achieve its dual missions; 1) to Protect TRICARE—ensuring it is excluded from the National Health Care System, and 2) to improve TRICARE—by urging Congress and the Administration to improve the medical care, access to that care, and advocating for management improvements to internally reduce TRICARE’s costs and waste (costs that DoD wants to push onto its beneficiaries).

August 5, 2009 Meeting TRICARE Basics: After Chairman Fang Wong’s introduction and welcoming remarks to the Committee, Tyrone Davis from DoD’s TRICARE Management Activity schooled the Committee on TRICARE Basics. His four objectives were to define TRICARE; describe the types of TRICARE providers; describe the types of charges and fees; and, to describe TRICARE Options. All present agreed that we learned a terrific amount from this presentation, as he dissected TRICARE into understandable subsets and led us to answers and explanations regarding almost any question about TRICARE one could muster. Mr. Davis also made an important suggestion to the Committee that the Legion should apply for a position on the TRICARE Beneficiaries Panel which meets once every month. Review of The Legislative Situation and Developments Impacting TRICARE: Next, Steve Robertson shared his historical perspective on how military health care beneficiaries came to have TRICARE and TRICARE for Life. He took us through the legislative situation at present. How did we come up with TRICARE? When CHAMPUS became too expensive, Congress told DoD to come up with a better system of health care delivery. DoD came up with TRICARE in 1993. What is the legislative situation? Currently there are no fee and co pay hikes being ushered in by the 2010 National Defense Appropriations Act. At the meeting TRICARE was seen as threatened by the ongoing National Health Care Reform effort. In addition, there clearly is the expectation that in the 2011 National Defense budget process, DoD will again attempt to significantly increase costs of TRICARE and TRICARE for Life for its beneficiaries because of the huge amount of money in the Defense Budget that TRICARE expenses now consume. For DoD, health care costs are viewed as cutting into appropriations needed for weapons systems and the force structure needed to maintain the strong national defense. By the end of the legislative discussion the committee concluded that: • While cost to DOD is a major factor in any discussion, more attention should be given to the issue of the Government keeping its promise of free health care in return for a career in military service (or a career ending disability). • Military service is not like any other career path and needs to been seen in the light of the enormous service and sacrifice of the individual who chooses to serve in the armed forces.

Proceedings of Thursday, October 15, 2009 181 • TRICARE should work on reducing costs, reducing waste improving expensive billing practices, and promoting wellness instead of passing on costs to its military health care beneficiaries. • The FY 2011 budget will see attempts made to increase the costs to TRICARE to its beneficiaries. • TRICARE for Life seems to have high satisfaction while many complaints revolve around TRICARE STANDARD. • Most complaints are centered on the issues of access, service, and cost. Actual health care of an individual is rated high. National Military Family Association (NMFA) Perspective: Mrs. Kathy Moakler, Government Relations Director and Barbra Cohoon, Deputy Director Government Relations shared the following points and their perspective on TRICARE as follows: • For many beneficiaries, the problem with TRICARE is a matter of poor access to providers (doctors) especially specialists and mental health practitioners. • National Guard and Reserve forces are the most uninformed when it comes to learning how to use TRICARE, although TRICARE education of all beneficiaries can be improved. • Lacking are solid networks of Providers outside of some military base areas • Access to mental health still a big issue, not enough providers, especially outside of military base areas. • Concern over the new contracts being awarded by TRICARE • One NMFA representative expressed concern for over protecting TRICARE from National Health Care Reform stating a view that TRICARE may benefit from some improvement ushered in during the reform. The committee appreciated the insights and experiences of the National Military Family Association (NMFA) and will continue to pursue a relationship with them and other VSO/MSO’s. Review of The American Legion TRICARE Resolutions: At the time of the August 5th meeting, current resolutions covered the issue of opposing TRICARE fee and co pay increases and the issues of expansion of TRICARE benefits to the National Guard and Reserve members. After reviewing the resolutions discussions led to concluding need for further proposed resolutions. These suggestions included: • The creation of a Congressional Joint Standing Committee on Military Health Care • Overall Military Health Care Reform to improve TRICARE for its beneficiaries • Military Health Care reform not be a part of any national health care legislation • Recommending TRICARE exempt medications/services for chronic diseases (e.g., diabetes, asthma) from deductibles and co-pays to reduce long-term health costs for beneficiaries • Urging DOD to offer TRICARE as a supplemental insurance option for non- Medicare eligible military retirees and their families • Considering a detailed resolution to urge that TRICARE services and access be improved for its users while TRICARE initiates actions to reduce its costs and waste Resulting Actions Taken: Drafted Resolution No. 2 The American Legion Policy on National Health Care Reform and The Military Health Care System which was passed at the Pre-Convention NEC. The Resolution advocates for reform of the Military Health Care System to improve TRICARE and advocates for the current Military Health Care

182 Proceedings of Thursday, October 15, 2009 System to be protected and not be made part of any national health care reform legislation. • Also drafted two more resolutions that passed at the 91st Annual Convention: • Resolution 114: Improved Service for TRICARE Standard Beneficiaries • Resolution 116: Support for Congressional Joint Committee on Military Health Care (note: opposed by NMFA). • User issues needed more work and coordination with TRICARE Management Activity (TMA) and work at subsequent meetings. (See Attachment 4: TRICARE User Issues Suggestions) (Membership on TRICARE Beneficiaires Panel) • Involvement with the existing Military Medical Action Plan which will be reviewed in January 2010 should also occur (NSFR signed up for the Review Conference).

September 24, 2009 Meeting Moving to the second Ad Hoc Committee on TRICARE held on September 24, 2009, the agenda included briefings from the Military Officers of America Association, the White House Veterans and Wounded Warrior Staff, the TRICARE Management Agency, and The Fleet Reserve Association. MOAA Presentation - Views on TRICARE Situation: Steve Strobridge, Director of Legislative Affairs for the Military Officers Association of America was the first speaker. He provided an in-depth presentation on MOAA’s and the Military Coalition’s perspectives on TRICARE. Highlights of his presentation included: • Many military doctors are deployed causing longer times for soldiers and their families to obtain an appointments • Many civilian doctors refuse TRICARE patients due to low payments • Cuts in benefits will hurt recruiting and maintaining the all-volunteer force • Weapons Budget and TRICARE Budget should not be connected by an “either this or that” mentality. • Holds the opinion that “No Fee Increases” is itself perhaps untenable; MOAA and The Military Coalition recommend future fee increases be determined by proposed legislation stating that fee increases cannot exceed COLA increases. • (NOTE: The American Legion Voting Members disagreed with this position and remain firm to Resolution 116 (Phoenix 90th Convention: Oppose Proposed TRICARE Increases.) White House Presentation: Mr. Matt Flavin, White House Director of Veterans and Wounded Warrior Policy, plainly stated that President Obama is determined to keep DOD (TRICARE) and VA Health Care separate and apart from any type of National Health Care Reform that may be established in the future. Mr. Flavin made the following points: • Health Care Reform is about improving access to affordable Health Care. • Health Care Insurance Exchange will benefit low-income families of veterans. • Care-Giver Legislation is part of the ongoing conversation. • The President and administration pay attention to VSOs on issues like TRICARE. • Weapons and personnel are part of the same equation/Hard fiscal decisions are necessary given the state of the economy (Relates to MOAA point above on the Budget).

Proceedings of Thursday, October 15, 2009 183 • The President listens to advice from the military. The Decision to stop F-22 production—President’s decision was based on advice from secretary of Defense Robert Gates. • The President seeks input from VSOs and will include the VSO perspective as policy decisions are formulated; President values the experience VSOs bring to the table. • The President is open and will be responsive to VSO suggestions (first 8 months of the Obama Presidency shows this to be true). • President went on record stating that VA and Military Health Care will not be part of National Health Care Reform. TRICARE Presentation: Ms. Forestell, Chief, Customer Communications Branch, TRICARE, followed Mr. Flavin. Ms. Forestell’s presentation centered around eight questions crafted as a result of the August 5th meeting. Highlights of her presentation included the following points: • A medical provider’s decision as to whether to accept new TRICARE Standard beneficiaries or those from any health plan for that matter is strictly a business and personal decision on the part of the provider. • TRICARE is required by law to meet Medicare reimbursement rates whenever practical. • TRICARE contractors are responsive to providers who wish to become TRICARE-Certified Providers. • TRICARE Standard has a catastrophic cap, meaning the most a family will pay out of pocket for TRICARE-covered services by TRICARE-authorized providers is $3,000 in a fiscal year. • TRICARE contractors will attempt to help any beneficiary to find a TRICARE provider. Fleet Reserve Association Presentation: The last speaker, Fleet Reserve Associations’ Bob Washington, spoke in support of the Military Coalition’s positions on TRICARE increases and need for improvements and he encouraged the Committee to consider the benefits of having an association with The Military Coalition (TMC) on TMC’s Committee on Heath Care which he co-chairs with a MOAA representative, Ms. René Campos who was also in attendance at the meeting. Conclusions and Actions: After hearing the presentations and discussing what had been learned, the voting members in closed session with the staff concluded the following: • There is a need to encourage DOD to accomplish the transfer of medical records from paper to digital/electronic files to include the medical records of military members and the records belonging to their spouses and families. • NSFR needs to do more research on The Military Collation (TMC) Health Care Committee and explore the possibility of having a Legion Member sit in on their meetings. • NSFR should coordinate with National Judge Advocate Phil Onderdonk, regarding American Legion participation in TMC meetings, events, seminars, and so forth, in order to exactly define The Legion’s desired relationship and/or connection with TMC. • There is a need to get President Obama’s pledge to keep the VA and TRICARE separate from anything connected to National Health Care Reform in writing. The request for such documentation to Mr. Flavin has been made by the AHCOM. • Steve Robertson suggested that research is needed for a possible resolution which may call for TRICARE reimbursement rates to be directly tied to VA

184 Proceedings of Thursday, October 15, 2009 reimbursement rates for private doctors/private medical providers, instead of TRICARE rates being directly tied to Medicare reimbursement rates. The national staff will research this idea to assess VA reimbursements rates and compare them to Medicare rates. • In thinking about an end product of the Ad Hoc Committee on TRICARE, the voting members suggested that a booklet might be produced covering the findings of the AHCOM. The concept, according to the voting body, should be drafted in the style of the VA&R Division’s “A System Worth Saving”. • The Director of National Security and Foreign Relations Division was voted to be the Legion’s Representative to the TRICARE Beneficiaries Panel. • The next meeting is planned for December 3, 2009 at the DC Headquarters.

Prepared By: NSFR Division October 11, 2009

Attachments:

1. List of Members and Participants 2. TRICARE Basics Presentation Outline 3. The American Legion Resolutions on TRICARE Summary 4. Initiatives to Improve TRICARE 5. TRICARE Management Activity Answers to PCAD Questions

Ad Hoc Committee on TRICARE

ATTACHMENT 1: List of Members and Participants (to Date)

Voting Members • Fang Wong (NY)—AHCOM Chairman (Chairman National Security Commission) • Past National Commander Martin Conatser (IL) • Corrine Robinson (DC) Commander Post 70 (DC) • Michael Harris (VA), Chairman NS Commission Aerospace Committee and Past National Vice Commander • George Bolling—(MD) COL, USA (Ret.) Representing Legionnaires and Mil. Retirees. • Dave Warnken (KS) Nation Executive Committeeman, Kansas, and Resolutions Subcommittee Vice Chairman

Other Participants • Tyrone Davis—DoD TRICARE Management Activity (TMA)—Contractor • Kathy Moakler—Government Relations Director - Military Families—Army wife and mom • Barbara Cohoon—Government Relations Deputy Director - Military Families—Navy wife • Steve Strobridge, Director of Legislative Affairs, MOAA • Kathy Beasley, Deputy Director of Legislative Affairs, MOAA • René Campos, Deputy Director of Legislative Affairs, MOAA and Co-Chair of The Military Coalition (TMC) Committee on Health Care • Matt Flavin, Director of Veterans and Wounded Warrior Policy, The White House

Proceedings of Thursday, October 15, 2009 185 • Francine Forestell, Chief, Customer Communications Branch, TRICARE • Bob Washington, Outreach Manager, Fleet Reserve Assoc. and Co-Chair of TMC Committee on Health Care • Mike Duggan (MD), Consultant and Former Deputy Director National Security (NSFR), The American Legion • Philip Riley, Director, The American Legion National Security and Foreign Relations Division • Steve Robertson—The American Legion Legislative Director • Sam Gilmore, Deputy Director, NSFR Division • Joseph Grassi, Assistant Director, NSFR Division

ATTACHMENT 2: TRICARE Basics Presentation Outline

1. Define TRICARE • Title 10, Section 55 creates and defines TRICARE. It is also in Title 32 Code of Federal Regulations. A main point to gain from this is that TRICARE is an Entitlement, NOT an insurer. TRICARE managers contract with private insurers to provide coverage to all MHS beneficiaries. 2. Description of Types of Providers • There are Authorized and Non-Authorized providers. TRICARE will not pay a Non-Authorized provider • There are two types of Authorized providers. Network and Non-Network . A Network provider has a contract with TRICARE and cannot refuse a TRICARE patient. . A Non-Network provider has no contract and can therefore refuse a TRICARE beneficiary. . There are two types of Non-Network providers, Participating and Non-Participating. A Participating Non-Network provider agrees to charge TRICARE rates for services if they accept the patient. A Non- Participating, Non-Network provider can charge no more than 15 percent above TRICARE rates billable to the patient. Types of Charges • TRICARE OVERSEAS—TRICARE pays all charges • Allowable Charges—Non-Network Non-Participating providers can charge up to 15 percent over the TRICARE allowable charge • Co-pays—Office visits, prescriptions, mental health outpatient • Catastrophic Cap - $1000 per fiscal year. No more charges for that fiscal year when cap is reached. • Deductibles

Options—PRIME, STANDARD, or EXTRA • PRIME—All active-duty service members must be Prime. Other beneficiaries have options. PRIME Remote is needed if service member lives more than 50 miles from nearest military treatment facility. There is also TRICARE Overseas Prime (TOP) and TRICARE Global Remote Overseas (TGRO) Prime. • STANDARD—This option is available for all other beneficiaries. It also serves as the supplemental to Medicare in the TRICARE for Life option for retirees. • EXTRA—Offers additional discount to Standard for using Network providers.

186 Proceedings of Thursday, October 15, 2009 • Other options that are really just an extension or derivative of STANDARD are TRICARE Reserve Select (does not include Individual ready Reserve—IRR-); TRICARE PLUS (allows patients on Standard to be seen at Military Treatment facilities in the same priority as TRICARE PRIME patients. • Continued Health Care Benefit Program (CHCBP). CHCBP is a premium-based health care program providing medical coverage to a select group of former military beneficiaries. CHCBP is similar to, but not part of, TRICARE. The CHCBP program extends health care coverage to the selected individuals when they lose military benefits.

Attachment 3: American Legion Resolutions on TRICARE

RESOLUTION NO. 2: SUBJECT: THE AMERICAN LEGION’S POLICY ON DOD’s MEDICAL HEALTH CARE SYSTEM AND NATIONAL HEALTH CARE REFORM RESOLVED, By the National Executive Committee of the American Legion in regular meeting assembled in Louisville, Kentucky, August 24, 2009, That The American Legion supports health care reform that assures all active-duty service members, members of the Reserve components, military retirees (to include Temporary Early Retirement Authority (TERA) and Chapter 61 retirees), and their families, especially those who are uninsured or underinsured, have timely access to quality health care within DOD’s Medical Health System; and, be it finally RESOLVED, That The American Legion urge Congress to ensure that DOD’s Medical Health System beneficiaries are not taxed or adversely impacted by any provision in the national health care reform legislation.

RESOLUTION NO. 114: SUBJECT: IMPROVED SERVICE FOR TRICARE STANDARD BENEFICIARIES RESOLVED, BY The American Legion in National Convention assembled in Louisville, Kentucky, August 25, 26, 27, 2009 That The American Legion urges the U.S. Government and Department of Defense to offer incentives to private medical providers who accept TRICARE Beneficiaries as patients; and, be it finally RESOLVED, That studies and reviews of TRICARE be more inclusive of lower ranking service members, family members, and survivors in order that a truer picture of service be attained.

RESOLUTION NO. 116: (from the 91st National Convention, Louisville, Kentucky) SUBJECT: SUPPORT FOR A CONGRESSIONAL JOINT COMMITTEE ON MILITARY HEALTH CARE RESOLVED, By The American Legion in National Convention assembled in Louisville Kentucky, August 25, 26, 27, 2009, That The American Legion urges Congress to establish a Congressional Joint Committee on Military Health Care to ensure diligent accountability of all funding matters, health care access, and quality matters relevant to all military health care beneficiaries.

RESOLUTION NO.116: (from the 90th National Convention, Phoenix, Arizona) SUBJECT: OPPOSE PROPOSED TRICARE INCREASES RESOLVED, By The American Legion in National Convention assembled in Phoenix, Arizona, August 26, 27, 28, 2008, That The American Legion shall prevail upon this Administration and the Department of Defense to reconsider any

Proceedings of Thursday, October 15, 2009 187 proposals to implement any increases in the military retirees’ TRICARE enrollment fees, deductibles, or premiums.

RESOLUTION NO. 109: SUBJECT: TRICARE ELIGIBILITY FOR MEMBERS OF THE RESERVE COMPONENTS AND THEIR DEPENDANTS RESOLVED, By The American Legion in National Convention assembled in Phoenix, Arizona, August 26, 27, 28, 2008, That The American Legion urges the Congress to authorize and fund the Department of Defense (DOD) in providing permanent TRICARE healthcare for members of the Reserve Components and their dependents.

RESOLUTION NO. 339: SUBJECT: DEPARTMENT OF DEFENSE HEALTH CARE FOR MILITARY BENEFICIARIES RESOLVED, By The American Legion in National Convention assembled in Phoenix, Arizona, August 26, 27, 28, 2008, That The American Legion urges Congress to fully fund military and VA healthcare programs for beneficiaries as well as a permanent TRICARE program for Guardsmen and Reservists.

RESOLUTION NO. 344: SUBJECT: POLICY ON RESERVE FORCES RESOLVED, By The American Legion in National Convention assembled in Phoenix, Arizona, August 26, 27, 28, 2008, That The American Legion urges that the National Guard and Reserves be realistically manned, structured, equipped, trained, fully deployable and maintained at high readiness levels in order to accomplish the missions and roles indispensable to our national defense; and be it further RESOLVED, That the American Legion urge Congress and the Department of Defense to pass legislation and create policy that addresses all the needs of the Reserve forces to include: 1. Full range of active duty retention bonuses and recruiting incentives, pay promotions and health care quality of life be applicably activated to the National Guard and Reserve 2. Military retirement pay and TRICARE healthcare for members of the Reserve Components authorized less than age 60 3. Hazardous duty and incentive pays for Reservists set the same as active-duty 4. Creating tax credits to private businesses paying the difference between military and civilian salaries to mobilized Reservists 5. Restoring travel exemptions for Reserve and Guard members for expenses associated with attending drills 6. Military health care provided to members of the Reserve Components and their dependents, who become injured while on active duty status regardless of the number of days served on active duty 7. Retired Reservists and their dependents be eligible for TRICARE coverage when they become eligible to receive retirement pay. 8. Providing all discharging Reservists be required to have complete discharge and/or retirement physical examinations to the same standard as the active-duty force.

188 Proceedings of Thursday, October 15, 2009 RESOLUTION NO. 117: SUBJECT: MILITARY QUALITY OF LIFE RESOLVED, By The American Legion in National Convention assembled in Phoenix, Arizona, August 26, 27, 28, 2008, That The American Legion urge the Congress and the Department of Defense to support and fund quality of life features for Active Duty, National Guard and Reservists as well as military retirees, veterans and their dependents, and military survivors. NOTE: Quality of life is defined in the following whereas statement (below). WHEREAS, That The American Legion urges the Congress and the Department of Defense to support and fund such quality of life features including but not limited to, the following: 1. Military pay comparability for the Armed Forces and regular increases in the Basic Allowances for Quarters; renovation and construction of military quarters and increased funding for child day care centers are direly needed. Pay raises must be competitive with the private sector; 2. Adequate medical, mental and dental health services; morale, welfare and recreational facilities; and non-privatized exchanges and commissary facilities. The Defense Commissary Agency (DECA) and its functions should be retained and not relegated to the military services; 3. Preserving an attractive retirement system for the active and reserve components and annual cost of living adjustments (COLAs) paid at the same rate and concurrently with other Federal retiree COLAs; oppose any changes to the military retirement system, whether prospective or retroactive, that would violate contracts made with military retirees and would undermine morale and readiness; 4. Requiring that the Services perform mandatory physical examinations, without waivers, for all separating veterans; 5. Fully funding the concurrent receipt of military retirement pay, military separation pays, and VA disability compensation as well as Special Compensation pays for disabled military retirees; 6. That the SBP/DIC offset be eliminated; 7. TRICARE for Life and the TRICARE Senior Pharmacy program for Medicare- eligible military retirees, their dependents and military survivors, should be adequately funded; and regular cost-of-living adjustments to military retirement deployment pay, capital gains tax exclusions, tax-free and increased death gratuity payments, and combat zone tax exclusions for service in South Korea; 8. Congressional re-enactment of Impact Aid to fund the local public school education of military dependents; 9. Adequately protecting the American public and the Armed Forces from the actual or potentially harmful effects of friendly and hostile chemical, biological and nuclear agents or munitions; 10. Urging the Congress to extend and improve additional quality of life benefits, allowances and privileges to the National Guard and Reserves involved in Homeland Security and other missions so as to more closely approximate those of the active force. Military retirement pay and TRICARE healthcare for members of the Reserve Components should be authorized before age 60. Hazardous duty and incentive pays for Reservists should be the same as active duty; tax credits to private businesses that pay the difference between military and civilian salaries to mobilized Reservists and restore travel exemptions for Reserve and Guard members for expenses associated with attending drills; 11. Military health care should also be provided to members of the Reserve Components and their dependents, who become injured while on active duty status

Proceedings of Thursday, October 15, 2009 189 regardless of the number of days served on active duty, to the same degree as active duty members under the same circumstances; 12. Whenever a Base Realignment and Closure (BRAC) is conducted, The American Legion will urge that certain base facilities such as base medical facilities, commissaries, exchanges and other facilities be preserved for use by active duty and Reservist personnel and military retired veterans and their families; 13. That Walter Reed Army Medical Center not be closed until after the Global War on Terrorism has ended. 14. That the numerous, recurring and serious pay problems experienced by the Active and Reserve Components be immediately resolved; 15. That Traumatic Brain Injury and Combat Stress Disorders be diagnosed and effectively treated in the military.

Attachment 4: Initiatives to Improve TRICARE

Consider a large resolution to urge that TRICARE services be improved for its users and reduce its costs and waste with the following initiatives after research on/with the TRICARE Beneficiaries Panel: • Stimulate use of lower-cost mail-order pharmacy by eliminating all mail-order co- pays • Do more to educate beneficiaries and providers on advantages of mail-order pharmacy • Change electronic claim system to one that rejects errors in real time to help providers submit “clean” claims and to reduce delays and multiple submissions • Establish centralized DOD “high-cost pharmacy” for central ordering and filling of prescriptions for exceptionally high-cost drugs • Realign military treatment facility pharmacy budget process for centralized funding, with greater emphasis on accountability and cost-shifting • Simplify TRICARE pre-authorization and referral requirements to reduce contractor overhead • Reduce TRICARE Reserve Select costs by allowing members the option of a government subsidy (at cost capped below cost of providing TRICARE) for payment of civilian employer health premiums during periods of mobilization • Eliminate DOD-unique administrative requirements that compel contractors to assume more overhead costs (and charge higher fees) than entailed in other insurance programs • Offer special care management services to beneficiaries with chronic and expensive conditions • Consider test of voluntary participation in Medicare Advantage Regional PPO to foster chronic care improvement and disease management programs • Increase size, number, and staff of military facilities (least costly care option) to reduce reliance on civilian Prime networks (most costly care option) and treat more retirees under age 65 • Urge Congress and DoD to offer incentives to private medical providers who accept TRICARE beneficiaries as patients • Resolve that studies and reviews of TRICARE Standard be more inclusive of lower ranking service members, family members, and survivors in order that a more accurate picture of service be attained • Urge Congress and DoD make all military retirees and their dependents eligible for TRICARE for Life irrespective of their age in lieu of TRICARE Standard.

190 Proceedings of Thursday, October 15, 2009 Attachment 5: TRICARE—User Problems Requiring Fixes

#1. Medical providers often refuse to accept new TRICARE Standard patients A provider’s decision as to whether or not to accept new TRICARE Standard beneficiaries, or those from any commercial health plan for that matter, is strictly a business and personal decision on the part of the provider. The TRICARE Management Activity routinely conducts surveys regarding acceptance of TRICARE Standard beneficiaries. The most recent provider survey indicates 69 percent of providers accept new TRICARE Standard patients. This may, of course, vary from place to place and may depend on factors beyond the control of the Department of Defense such as the number of actual providers in that area. For several years, TriWest Healthcare Alliance and TRICARE program leaders have spearheaded an innovative program to collaborate with Governors in the TRICARE Western Region to increase the network of providers delivering care to beneficiaries. The net result is an increase from approximately 80,000 providers to over 125,000 in 2007. The TRICARE Management Activity (TMA) undertook an initiative to increase the number of TRICARE authorized providers. In 2007, the Deputy Director of TMA wrote to the directors of the state medical associations in each state to ask for assistance in TRICARE provider outreach. This resulted in an additional 115,297 providers being added as TRICARE providers. To date, there are more than 325,000 providers in the TRICARE network with over a million providers accepting TRICARE beneficiaries.

#2. Doctors say TRICARE is one of the lowest-paying insurance programs in America Remember, TRICARE is not an insurance program but an entitlement under the law administered by the Department of Defense. It thus relies on taxpayer dollars to fund the reimbursement and thus has to abide with the law. TRICARE is required, by law, to meet Medicare rates whenever practical. TRICARE can also use its authority to raise reimbursement rates where access to care is significantly affected. These locality waivers have mainly been approved in the Western Region.

#3. TRICARE payment rates are scheduled to decline further under current law (Medicare rates used), which will encourage even more providers to drop TRICARE patients As per #2, we are required by law to meet Medicare rates whenever practical. If reimbursement is reduced by Medicare, TRICARE generally follows suit.

#4. TRICARE contractors (whose goal is to sign up providers for the HMO-style TRICARE Prime at discounted rates) have little incentive to recruit TRICARE Standard providers In the course of their efforts to optimize TRICARE Prime networks, the contractors do inform providers about TRICARE Standard and the necessary steps to take to become a TRICARE certified provider. The contractors use industry standard processes to review credentials and other information to permit a TRICARE certification number to be issued so claims can be processed expeditiously. TRICARE contractors are responsive to providers who wish to become TRICARE- certified providers. Finally, TRICARE contractors welcome provider referrals from beneficiaries and will contact the provider with TRICARE program information.

Proceedings of Thursday, October 15, 2009 191 #5. TRICARE imposes more administrative hassles for providers vs other programs, especially for those with relatively few TRICARE patients. Command information program is not sufficient. We have not found this to be the case.

#6. TRICARE Standard imposes much higher retiree co-pays for inpatient care than civilian insurance plan (lesser of $535 per day or 25% of billed charges) The costs are actually: Non-network facilities: $535 per day or 25 percent for institutional services, whichever is less, plus 25 percent for separately billed professional charges Network facilities: $250 per day or 25 percent for institutional services, whichever is less, plus 20 percent for separately billed professional charges. TRICARE Standard, as an entitlement, does not charge a monthly premium as most commercial insurance programs, so in many instances the cost of the premium offsets the cost of the inpatient stay. Please note that is the lesser of the two and, if a beneficiary uses a TRICARE participating provider, the cost is 25 percent of TRICARE’s allowable charge (remember this equates to Medicare’s charge wherever practical). If they use a network facility, the cost is lessened by half. TRICARE Standard beneficiaries have a catastrophic cap, meaning the most a family will pay out of pocket for TRICARE-covered services by TRICARE-authorized providers is $3000 in a fiscal year.

#7. TRICARE provides little assistance to beneficiaries who are not enrolled in TRICARE’s HMO-style Prime program and who have trouble finding a TRICARE provider TRICARE contractors will attempt to help any beneficiary find a TRICARE provider. If that is not the case, please let the TRICARE Regional Office know. If the contractor or beneficiary can find a network provider in the local area, the beneficiary will enjoy the 5 percent cost savings under the Extra option. TRICARE’s policy is that if a provider is a Medicare-certified provider, that provider is considered TRICARE authorized, so this expands the number of providers that Standard beneficiaries can use.

#8. TRICARE reviews and studies have not included enough input from non- participation by lower ranking, family and survivor TRICARE beneficiaries. We disagree.

[This report was distributed but not presented as part of the meeting.]

Abbreviations

AAP ...... AdoptAPlatoon AAVBD ...... Associate Administrator for Veterans Business Development ACDUTRA ...... Active Duty Training ACLU ...... American Civil Liberties Union AGIA ...... Association Group Insurance Administrators AGR ...... Active Guard Reserve AIDS...... Acquired Immune Deficiency Syndrome ALB ...... American Legion Baseball ALB WS ...... American Legion Baseball World Series ASA ...... American Speed Association

BATF ...... Bureau of Alcohol, Tobacco and Firearms BDD ...... Benefits Delivery at Discharge BRAC ...... Base Realignment and Closure BVA ...... Board of Veterans Appeals

C&Y ...... Children and Youth CARES ...... Capital Assets for Realignment for Enhanced Services CFR ...... Code of Federal Regulations CHALENG ...... Community Homelessness Assessment, Local Education and Networking Groups CHKD...... Children's Hospital of the King's Daughters CMS ...... Centers for Medicare and Medicaid Services

DCHV...... Domiciliary Care for Homeless Veterans DEA ...... Drug Enforcement Agency DHS ...... Department of Homeland Security DIC ...... Dependency and Indemnity Compensation DMS ...... Direct Mail Solicitation DOD ...... Department of Defense DoJ ...... Department of Justice DOL ...... Department of Labor DSO ...... Department Service Officer DTAP ...... Disabled Transitional Assistance Program DVET ...... Director for Veterans Employment and Training DVOP ...... Disabled Veterans Outreach Program

ECI ...... Educational Communications, Inc. ERISA ...... Employee Retirement Income Security Act EUL ...... Enhanced Use Lease, Enhanced Use Lease

FAR ...... Federal Acquisition Regulation FBI ...... Federal Bureau of Investigation FPEG ...... Fischer/Parr Entertainment Group FY ...... Fiscal Year

GNP ...... Gross National Product

HCHV...... Health Care for Homeless Veterans

194 HHS ...... Health & Human Services HIPAA ...... Health Insurance Portability and Accountability Act HIV ...... Human Immunodeficiency Virus HPC ...... Haynes and Partners Communications HT-LT ...... Hear Today-Learn Tomorrow HUD ...... Housing and Urban Development HUD-VASH ...... Housing Urban Development-Veterans Affairs Supportive Housing

IG ...... Inspector General IHL ...... Institutes of Higher Learning IRS ...... Internal Revenue Service

KBM ...... Knowledge Base Marketing

LI ...... Legislative Initiative LIHTCP ...... Low Income Housing Tax Credit Program LP ...... Legislative Policy

MEI ...... Managing Editor, Inc. MGIB ...... Montgomery GI Bill MH RRTP...... Mental Health Residential Rehabilitation Treatment Program MOST ...... Military Occupational Specialty Transition MOU...... Memorandum of Understanding MRAP...... Mine Resistant Ambush Protected MREIDL ...... Military Reservist Economic Injury Disaster Loan

NALPA ...... National American Legion Press Association NASCAR ...... National Association for Stock Car Racing NASDVA ...... National Association of State Directors of Veterans Affairs NASVH ...... National Association of State Veterans Homes NCLD ...... National Center for Learning Disabilities NEC ...... National Executive Committee NEF ...... National Emergency Fund NHQ ...... National Headquarters NIH ...... National Institutes of Health NVLSP ...... National Veterans Legal Services Program NVTI ...... National Veterans Training Institute

OEF ...... Operation Enduring Freedom OIF ...... Operation Iraqi Freedom OJJDP ...... Office of Juvenile Justice and Delinquency Prevention

PKS ...... Pallister-Killian Syndrome PL ...... Public Law PMC ...... Pension Maintenance Center PNC ...... Past National Commander POC ...... Point of Contact PR ...... Public Relations PSA ...... Public Service Announcement PTSD ...... Post-traumatic Stress Disorder PVA ...... Paralyzed Veterans of America

195 QACA...... Qualified Automatic Contribution Arrangement

SADD ...... Students Against Destructive Decisions SAL ...... Sons of The American Legion SBA ...... Small Business Administration SBP ...... Survivor Benefit Plan SDVOSB ...... Service-Disabled Veteran-Owned Small Businesses SES ...... Senior Executive Service SHMC...... Sears Holdings Management Corp. SMOCTA ...... Service Members Occupational Conversion and Training Act SWAT ...... Special Weapons And Tactics

TAP ...... Transitional Assistance Program TAPS ...... Tragedy Assistance Program for Survivors TBI ...... Traumatic Brain Injury TFA ...... Temporary Financial Assistance TSRR ...... Technical Services Rate Retainer

UFI ...... Union Fidelity Insurance UPS ...... Uninterruptible Power System USAREC ...... United States Army Recruiting Command USC ...... United States Code USU ...... Uniformed Services University

VAVS ...... Veterans Affairs Voluntary Service VBA ...... Veterans Benefits Administration VETS ...... Veterans Employment and Training Services VFW ...... Veterans of Foreign Wars VISTA ...... Volunteers in Service to America VSO ...... Veterans Service Organization

Index

2010 Enhancements To NHQ Computer Environment ...... 39 2010 National Convention ...... 51 2015 National Convention ...... 51 21st Century Committee report ...... 79 9/11 Freedom Walks ...... 102 990 Compliance Policy ...... 13 A Ad Hoc Committee on On-Line Renewal ...... 133 Ad Hoc Committee on Pension Management Centers ...... 96 Adopt a Unit ...... 99 AdoptaPlatoon ...... 14 advance appropriations ...... 6, 95, 147, 148, 157 Afghanistan ...... 5, 15, 56-60, 65, 68, 69, 77, 84, 86, 104, 127, 129, 152, 153, 155 Agent Orange ...... 11, 95, 103 Agreement With The National Veterans Legal Services Program (NVLSP) 2009-2010 ...... 38 Amend Title 38, United States Code, To Clarify The Treatment Of A Veteran As Adjudicated Mentally Incompetent For Certain Purposes ...... 111 Amendment Of The American Legion Salary Savings Plan (401(k) Plan) To Revert Plan Year Back To Calendar Year ...... 37 Amendment To Resolution No. 9—“The American Legion Baseball Program” ..... 45 American Heroes ...... 35 American Legion Auxiliary National President ...... 81 American Legion Business Task Force, The ...... 73 American Legion Charities, The ...... 31, 34 American Legion Day, The ...... 8, 126, 146, 149, 152 American Legion Electronic Media, The ...... 53 American Legion Employee Salary Savings Plan ...... 36, 37 American Legion Magazine Commission report, The ...... 53 American Legion Museum Tour Website ...... 16 American Legion Online Update, The ...... 54 American Legion Policy On Federal Contractors, The ...... 112 American Legion Policy On State Veterans Home Per Diem Reimbursement, The ...... 107 American Legion Policy Protecting Veterans And Military Retirees Healthcare, The ...... 113 American Legion Position On The Department Of Veterans Affairs (VA) Enhanced Use Lease (EUL) Policy, The ...... 104 American Legion Race Team, The ...... 120 American Legion Racing Program, The ...... 116 American Legion School Award Medal Program, The...... 144 American Legion Supports Department Of Defense “Don’t Ask; Don’t Tell” Policy, The ...... 87 American Legion Supports The Servicenation Organization, The ...... 108 American Legion Veterans Employment, The...... 37 American Legion volunteer programs ...... 101 American Legion website, The ...... 4

Bold typeface without a number indicates the title of a resolution 198 American Legion’s Policy On The United Nations, The ...... 129 Americanism Commission report ...... 137 Announcements ...... 79, 134 ASC Data Service ...... 16 Authorization For Sears Holdings Management Corp. And The American Legion Fundraising Initiative ...... 37 Authorization To Enter Into An Agreement With Creative Street Media Group For Production And Placement Of Video Materials To Promote The American Legion On The Military Channel ...... 35 Authorizing Withdrawal From Paid-Up-For Life Membership Trust For Administrative Expenses ...... 45 Avis, Mark A...... 165 B Balboa Park ...... 10, 19 Benediction ...... 176 Bentley, Morris M...... 164 Big 12 Competition ...... 175 Blackhorse Productions ...... 126 blog sites ...... 53 Blueprint Holdings ...... 16 Boy Scouts of America ...... 8, 10, 11, 19, 139, 141 Boys Nation ...... 15, 33, 34, 43, 44, 138, 143 Boys State ...... 115, 119, 138, 139, 140, 175 Bridgestone Golf ...... 15 Browning, Dr. Gordon B...... 164 Burn Pit ...... 5, 175 Burton, Dan, Rep...... 59 C Camp Atterbury ...... 85, 129 Camp Keating ...... 56 certification ...... 63, 76 Chief Judge of Contests ...... 52 Child Welfare Foundation ...... 89, 90, 92 Children’s Miracle Network ...... 89, 90 Cignal International Corp ...... 12 Citizens Flag Alliance ...... 13, 139, 151, 177, 179 Citizens Flag Alliance, Inc. report ...... 177 Civilian-Military Partnerships Document ...... 109 Closing Remarks: Clarence E. Hill, National Commander, Florida ...... 174 College Board ...... 17, 30, 32, 33, 49, 144 College Board License Agreement, The ...... 49 Color Guard Contests ...... 52 Commission on Children & Youth report ...... 89 Community Covenant ...... 8, 126 Complete Guide to Your Post’s Legiontown USA Campaign ...... 124, 125 computer environment ...... 39 Concert Band Contest ...... 51 concurrent receipt ...... 4 Bold typeface without a number indicates the title of a resolution 199 Confirmation of Cancellation of Post and/or Squadron Charters ...... 169 Confirmation of Dates for Future Meetings ...... 171 Confirmation of Interim Appointments ...... 168 Counter-Subversive Activities Committee ...... 138, 139 Creative Street Entertainment ...... 32 Creative Street Media Group ...... 35 Cross, Gerald, Dr., Acting Under Secretary for Health ...... 112 D David Law Firm ...... 116 defense budget ...... 84 Defense Health Program ...... 89 Dell Federal Member Computer Discount Purchase Program ...... 14 Department of Defense budget ...... 83 direct lending by SBA ...... 66 Direct Mail Solicitation ...... 31, 117, 130, 131, 132, 133 Disabled Military Retiree Relief Act ...... 154 Disposal of the Founding Fathers Exhibit ...... 44 Domiciliary Care for Homeless Veterans Program...... 68 Don't Ask, Don't Tell ...... 87 E Eagle Scout of the Year Award ...... 40 Economic Commission report ...... 59 education benefits ...... 77 Egypt ...... 152 Eligibility of National Officers ...... 168 emergency educational benefits checks ...... 63 employment and career fairs ...... 69 Enhanced Use Lease ...... 104 Expression Of Concern In The Decline Of Participation In The American Legion School Award Medal Program ...... 144 F Family Heritage Life ...... 16 federal contractors ...... 112 federal oversight of VETS programs ...... 64 Finance Commission report ...... 29 Fischer/Parr Entertainment Group ...... 15 flag amendment ...... 8, 139, 151, 178 Flag Code ...... 141 Foreign Relations Commission report ...... 127 Founding Fathers Exhibit ...... 31, 44 Four Pillars ...... 166 Four Pillars of The American Legion ...... 126 Fundamentals Company, Inc...... 16 Furniture and Fixtures Requests ...... 31

Bold typeface without a number indicates the title of a resolution 200 G Global War on Terrorism...... 5, 82, 86 Godwin Report ...... 79 Gonzalez, Luis ...... 140 Great-West Life and Annuity Insurance Company ...... 31 Guantanamo Bay detention facility ...... 6, 153 Guarantee Issue Senior Whole Life plan ...... 34 Gun Control Act of 1968 ...... 111 H Habitat for Humanity ...... 101 Haynes and Partners Communication ...... 36 Health Care for Homeless Veterans ...... 67 Heroes to Hometowns ...... 5, 59, 73 Heroes to Hometowns Golf Classic ...... 73 Higgins Boat ...... 123 High School Oratorical Scholarship Program ...... 42 History of The American Legion ...... 126 History of The American Legion DVD ...... 124 HJ Res. 47...... 177 Home Loan Program ...... 74 homeland security ...... 139 Homeless Providers Grant and Per Diem Program ...... 67 homeless veterans ...... 67, 68, 77 homeless women veterans ...... 68 Honor Flight ...... 102 housing assistance ...... 77 HUD-VA Supportive Housing ...... 77 Humana ...... 113, 114 I illegal immigration ...... 7, 139 IMAVEX ...... 16 Insurance Committee report ...... 33 Internal Affairs Commission report ...... 115 Introduction of National Officers ...... 9 Invocation ...... 1, 135 Iran ...... 84, 127, 129 Iraq ...... 5, 58, 59, 65, 68, 69, 77, 84, 86, 104, 127, 129, 153 Israel ...... 152 J Jordan ...... 152 K Kent, Jeff ...... 140 KnowledgeBase Marketing-Mutual of Omaha ...... 14 Bold typeface without a number indicates the title of a resolution 201 L Legacy Scholarship Fund ...... 59, 73 Legion Baseball ...... 30, 32, 33, 34, 41, 42, 45, 46, 56, 58, 119, 138, 140, 141, 144 Legion Baseball World Series ...... 16, 56, 137, 138, 140 Legion Family Travel ...... 16 Legion Overview video ...... 127 Legiontown USA ...... 55, 126 Legislative Action Center ...... 9 Legislative Commission report ...... 145 licensure ...... 63, 76 Low Income Housing Tax Credit Program ...... 88 M Make Halloween a Safe and Fun Night ...... 90 McGlinn & Associates ...... 48 MediaSauce ...... 16 Medicare reimbursement ...... 95, 147 Medicare VA Reimbursement Act of 2009 ...... 6 membership ...... 4 Membership and Post Activities Committee report ...... 130 Membership Eligibility Study Committee report ...... 79 membership goals ...... 166 Memorial Resolutions...... 10 Mental Health Residential Rehabilitation Treatment Program ...... 68 mentally incompetent veterans ...... 111 Mid America Marketing Cancer Care Plus Insurance Program ...... 16 Military Channel ...... 32, 35 Military Construction Veterans’Affairs and Related Agencies Appropriations Act ...... 146 Military Families Affordable Housing Qualification ...... 88 Military Occupational Specialty Transition ...... 65 Military Reservist and Veteran Small Business Reauthorization and Opportunity Act ... 72 Military Reservist Economic Injury Disaster Loan ...... 73 military salute ...... 142 Milwaukee National Convention ...... 51 Mojave Cross ...... 8, 13, 27, 126 Morris, James ...... 166 Mount Soledad War Memorial ...... 21 Muscatatuck Urban Training Center ...... 85, 129 Mutual of Omaha ...... 34 mylegion.org ...... 4 N National American Legion Press Association ...... 127 national anthem ...... 142 National Committee on Education ...... 139 National Convention Commission report ...... 50 National Convention Corporation of Indiana ...... 14 National Convention Corporation of Kentucky report ...... 49

Bold typeface without a number indicates the title of a resolution 202 National Convention Corporation of Kentucky, Inc...... 51 National D-Day Museum ...... 123 National Emergency Fund ...... 31, 89, 116, 119, 120 National Employer Awards Program ...... 70 national health care reform ...... 6, 113 National Historian report ...... 161 National Judge Advocate report ...... 10 National Korean War Veterans Armistice Day ...... 153 National Security Ad Hoc Committee on TRICARE Report ...... 180 National Security Commission report ...... 82 national service officers ...... 96 National Veterans Legal Services Program ...... 14, 39 National Veterans Wheelchair Games ...... 105 National Vice Commander Avis ...... 165 National Vice Commander Bentley ...... 164 National Vice Commander Browning ...... 164 National Vice Commander Morris ...... 166 National Vice Commander Schumacher ...... 167 National World War II Museum ...... 123 national youth champions ...... 138 Navarreté, Mrs. Rita ...... 81 NEED A LIFT? ...... 16, 32, 49 NEED A LIFT? Agreement ...... 48 Newdow, Michael ...... 11, 20 non-college degree programs ...... 62 O Office of Veterans’ Business Development ...... 72 One Time Amendment Of The American Legion Salary Savings Plan (401(k) Plan) For Haynes & Partners, Inc. Consolidation ...... 36 online education providers ...... 62 on-line renewal ...... 133 Opening Remarks: Clarence E. Hill, National Commander, Florida ...... 4 Operation Comfort Warriors ...... 5, 89, 124, 126 Operation Crayon ...... 14 Operation Homefront ...... 102 Oppose Flag Code Change—Conduct During Hoisting, Lowering Or Passing Of The Flag Or The National Anthem ...... 141 P Paid-Up-For-Life Membership Trust Fund...... 45 Pakistan ...... 84, 127, 129, 152 Paralyzed Veterans of America ...... 105 Partnership for Veterans Health Care Budget Reform ...... 148 Patriot Academy ...... 128 Pension Management Centers ...... 96, 99 Phelps, Jesse, CWO ...... 164 Pledge of Allegiance ...... 1, 11, 20, 135 Post 9/11 GI Bill ...... 7, 60-62, 77, 78, 125, 126 post traumatic stress disorder ...... 7, 68, 70, 114 Bold typeface without a number indicates the title of a resolution 203 Presidential Commission on Service Members and Veterans Transition Assistance ...... 63 Presidential Commission on Servicemembers’ and Veterans’ Transition Assistance...... 76 Priorities For Military Health Care And Wounded Warrior Care ...... 88 Public Expression of Religion Act ...... 139 Public Relations Commission report ...... 124 Push Media Group ...... 17 R Rebuilding Together Veterans Housing Initiative ...... 102 registration fees, Junior American Legion Baseball ...... 46 reimbursement for call-ins ...... 46 Reports: American Legion Magazine Commission, The ...... 53 Americanism Commission ...... 137 Citizens Flag Alliance, Inc...... 177 Commission on Children & Youth ...... 89 Economic Commission ...... 59 Finance Commission ...... 29 Foreign Relations Commission ...... 127 Insurance Committee ...... 33 Internal Affairs Commission ...... 115 Legislative Commission ...... 145 Membership and Post Activities Committee ...... 130 National Convention Commission ...... 50 National Convention Corporation of Kentucky ...... 49 National Historian ...... 161 National Judge Advocate ...... 10 National Security Ad Hoc Committee on TRICARE ...... 180 National Security Commission ...... 82 National Vice Commanders ...... 164 Public Relations Commission ...... 124 Subcommittee on Committees ...... 173 Subcommittee on Resolutions ...... 9, 174 Veterans Affairs and Rehabilitation Commission ...... 94 Rescinding Of National Americanism Program Non-Legislative Policy Resolutions ...... 143 Rescinding Of National Security Non-Legislative Policy Resolutions ...... 87 Rescinding Of Res. 24 NEC Oct. 1990—Change Of Policy For Call-Ins—1990 ...... 47 Resolutions Subcommittee report ...... 174 Resolutions: No. 1: Support For The Global War On Terror ...... 86 No. 2: The American Legion Charities ...... 34 No. 3: Authorization To Enter Into An Agreement With Creative Street Media Group For Production And Placement Of Video Materials To Promote The American Legion On The Military Channel ...... 35 No. 4: One Time Amendment Of The American Legion Salary Savings Plan (401(k) Plan) For Haynes & Partners, Inc. Consolidation ...... 36 No. 5: Amendment Of The American Legion Salary Savings Plan (401(k) Plan) To Revert Plan Year Back To Calendar Year ...... 37 No. 6: Authorization For Sears Holdings Management Corp. And The American Legion Fundraising Initiative ...... 37 Bold typeface without a number indicates the title of a resolution 204 No. 7: Uniformed Groups Participation At The National Convention Of The American Legion ...... 38 No. 8: Agreement With The National Veterans Legal Services Program (NVLSP) 2009-2010 ...... 38 No. 9: 2010 Enhancements To NHQ Computer Environment ...... 39 No. 10: Use Of The American Legion Life Insurance Fund Account For Scholarship Awards To The American Legion Eagle Scout Of The Year Program In 2010 ...... 40 No. 11: Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion Baseball Program—2010 ...... 41 No. 12: Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion High School Oratorical Scholarship Program—“A Constitutional Speech Contest”—2010 ...... 42 No. 13: Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion Boys Nation Program—2010 .. 43 No. 14: Disposal of the Founding Fathers Exhibit ...... 44 No. 15: Authorizing Withdrawal From Paid-Up-For Life Membership Trust For Administrative Expenses ...... 45 No. 16: Amendment To Resolution No. 9—“The American Legion Baseball Program” ...... 45 No. 17: Travel Policy For Call-Ins ...... 46 No. 18: Rescinding Of Res. 24 NEC Oct. 1990—Change Of Policy For Call-Ins— 1990 ...... 47 No. 19: NEED A LIFT? Agreement ...... 48 No. 20: The College Board License Agreement ...... 49 No. 21: The American Legion Position On The Department Of Veterans Affairs (VA) Enhanced Use Lease (EUL) Policy ...... 104 No. 22: Support For The 2010 National Veterans Wheelchair Games ...... 105 No. 23: 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 ...... 106 No. 24: The American Legion Policy On State Veterans Home Per Diem Reimbursement ...... 107 No. 26: Service On Veterans Of Valor’s Board Of Directors ...... 110 No. 27: Amend Title 38, United States Code, To Clarify The Treatment Of A Veteran As Adjudicated Mentally Incompetent For Certain Purposes...... 111 No. 28: Support Of The Planned Expansion Of The National World War II Museum ...... 123 No. 29: The American Legion’s Policy On The United Nations ...... 129 No. 30: Oppose Flag Code Change—Conduct During Hoisting, Lowering Or Passing Of The Flag Or The National Anthem ...... 141 No. 31: Rescinding Of National Americanism Program Non-Legislative Policy Resolutions ...... 143 No. 32: Expression Of Concern In The Decline Of Participation In The American Legion School Award Medal Program ...... 144 No. 33: Rescinding Of National Security Non-Legislative Policy Resolutions ...... 87 No. 34: The American Legion Supports Department Of Defense “Don’t Ask; Don’t Tell” Policy ...... 87 No. 35: Military Families Affordable Housing Qualification ...... 88 No. 36: Priorities For Military Health Care And Wounded Warrior Care ...... 88 No. 37: The American Legion Policy On Federal Contractors ...... 112

Bold typeface without a number indicates the title of a resolution 205 No. 38: The American Legion Policy Protecting Veterans And Military Retirees Healthcare ...... 113 No. 39: Support Licensure And Certification Of Active-Duty And Selected Reserve Personnel ...... 76 No. 40: Support Additional Housing And Funding For Low-Income And Homeless Veterans ...... 77 No. 41: Support Amending The Eligibility Criteria For The Transfer Of The Post 9/11 GI Bill Educational Benefits ...... 77 No. 42: Support Major Enhancements For The Post 9/11 GI Bill Educational Benefits ...... 78 Ride to Recovery ...... 101 Riley Hospital for Children ...... 89, 90 RoadCare Plus ...... 17 Roll Call ...... 2, 135 S Samsung American Legion Scholarship Program ...... 139 Saudi Arabia ...... 104 Schumacher, Eugene ...... 167 Sears Commercial ...... 16 Sears Holdings Management Corp...... 32, 37 Secretary of State ...... 129 Selective Service ...... 155 Service Members’ Occupational Conversion and Training Act...... 65 Service On Veterans Of Valor’s Board Of Directors ...... 110 ServiceNation ...... 108 Seven Company, The ...... 16 Significant Gifts to the National Headquarters Library ...... 171 Significant Gifts to the National Headquarters Museum ...... 172 SJ Res. 15 ...... 178 small business loans ...... 66 Soledad Memorial ...... 11 Sons of The American Legion ...... 117 State Department ...... 129 State Veterans Homes ...... 106, 107 Stratalys Research & Consulting ...... 15 Subcommittee on Committees report...... 173 Subcommittee on Resolutions report ...... 9 Sudden Industries ...... 17 Suicide Prevention and Referral Coordinators ...... 102 supplemental requests to fund overseas operations ...... 84 Support Additional Housing And Funding For Low-Income And Homeless Veterans ...... 77 Support Amending The Eligibility Criteria For The Transfer Of The Post 9/11 GI Bill Educational Benefits ...... 77 Support For Help Us Learn…Give Us Hope, Inc...... 94 Support For The 2010 National Veterans Wheelchair Games ...... 105 Support For The Global War On Terror ...... 86 Support Licensure And Certification Of Active-Duty And Selected Reserve Personnel ...... 76 Support Major Enhancements For The Post 9/11 GI Bill Educational Benefits ...... 78 Bold typeface without a number indicates the title of a resolution 206 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 ...... 106 Support Of The Planned Expansion Of The National World War II Museum ...... 123 Swift Trip ...... 16 System Worth Saving Task Force ...... 95, 99, 174 T tactical herbicides ...... 103 Tax Credit Reform Act of 1986 ...... 88 Team Johnson Motorsports...... 116 Temporary Financial Assistance ...... 90, 91 Transitional Assistance Program ...... 64 traumatic brain injury ...... 7, 70, 114 Travel Policy For Call-Ins...... 46 TRICARE ...... 83, 113 tuition and fees cap system ...... 62 U Uniformed Groups Participation At The National Convention Of The American Legion ...... 38 Union Fidelity ...... 34 United Nations ...... 129 United Nations Policy ...... 128 United States Army Recruiting Command ...... 15 United States Freedom Pavilion ...... 123 Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion Baseball Program—2010 ...... 41 Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion Boys Nation Program—2010 ...... 43 Use Of The American Legion Life Insurance Fund Account For Assistance In The Furtherance Of The American Legion High School Oratorical Scholarship Program—“A Constitutional Speech Contest”—2010 ...... 42 Use Of The American Legion Life Insurance Fund Account For Scholarship Awards To The American Legion Eagle Scout Of The Year Program In 2010 ...... 40 V VA claims backlog ...... 7 VA medical care accounts ...... 157 Vanguard Car Rental USA Inc...... 16 Veteran Entrepreneurship and Small Business Development Act of 1999, The ...... 66 Veterans Affairs and Rehabilitation Commission report ...... 94 Veterans Affairs Voluntary Service ...... 101, 110, 119 Veterans Business Center ...... 152 Veterans Employment and Training Services ...... 64 Veterans Health Care Budget Reform and Transparency Act of 2009 ...... 6 Veterans of Valor ...... 102, 110, 115, 126 vocational training ...... 78

Bold typeface without a number indicates the title of a resolution 207 W women veterans ...... 7 Wounded Warrior care ...... 89

Bold typeface without a number indicates the title of a resolution