National Committee on Legislation

Transcription

1 National Committee on Legislation DANIEL R. EARL, PCC chairman GAR Lake Estates Court San José, CA (408) Corps of Cadets 1878 Sons of Veterans SUVCW 1925 COMMITTEE MEMBERS Gary Parrott Paul Ellis-Graham Andrew M. Johnson (PCinC), Ex Officio Daniel R. Earl, Committee Chairman Brother James B. Pahl, PDC Commander-in-Chief Sons of Union Veterans of the Civil War P. O. Box 86 Mason, MI Dear C-in-C Pahl: As you are aware, the 110 th Congress just began its first session earlier this month. Since my last report and the start of the new Congress there has been one significant piece of Federal legislation of interest to the Order, as well as several routine measures introduced. (All legislation that was pending and not signed into law died when the 109 th Congress adjourned sine die.) This report will concentrate on Federal legislation proposed or enacted since the beginning of the 110 th Congress earlier this month, with one exception: pending legislation in the State of New Jersey, relative to patriotic activities, which is discussed below. # # # First, a very important piece of legislation the SUVCW should be aware of is HR 145. This bill was just introduced by Representative Gene Green of Texas and referred to the House Committee on Judiciary. You may recall that in November of 2003 the Committee reported on legislation that would further the protection and recognition of veterans memorials. That measure was signed into law by President Bush and became Public Law This current bill would amend that law, with the key change being the extension of Federal jurisdiction over the destruction of veterans memorials on State or local government property. This is a major move towards the federal government taking action to protect veterans memorials something we have not seen over the past decade. Its significance arises from the fact that the language of PL only applied to cemeteries, monuments and other like memorials that were specifically on Federal land, leaving corresponding state vandalism laws to cover the remaining memorials. Again, if adopted and signed into law, the protections now provided on Federal land would be enforceable at State and local levels, too. Heir to and representing the Grand Army of the Republic

2 Currently there are no co-sponsors to the Bill and no Committee action has been taken, other than assignment to the House This is very typical with such a new bill and at this time of the year. The Bill was just introduced on the first day of the session along with hundreds others. I shall continue to monitor the legislation and provide updates as necessary. Copies of both PL and H.R. 145 are attached for your perusal. # # # on 7 December 2006 in the New Jersey Legislature, Assembly Bill No. 7 (companion Bill S9 in the Senate) by Assemblywoman Bonnie Watson Coleman (Mercer), Assemblyman Herb Conaway, Jr. (Burlington and Camden), and Assemblyman Brian Pl. Stack (Hudson), was passed unanimously by both Houses of the State Legislature and has been sent to Governor Corzine for approval. The Bill, if signed into law, would eliminate various mandates imposed on public school districts. Specifically, the legislation reads, in pertinent part: A school district may conduct a course of exercises or instruction in accordance with the core curriculum content standards to observe holidays, including, but not limited to, Lincoln's Birthday, Washington's Birthday, Memorial Day, Columbus Day, Veterans Day, Thanksgiving Day, Flag Day, Arbor Day, and Commodore Barry Day. 1 As you can imagine, veterans organizations have been in an uproar over this legislation. On 22 January 2007 in a radio interview (New Jersey FM) Governor Corzine promised a conditional veto of the legislation and said it was especially appropriate when our men and women are putting their lives in harm s way. 2 Assuming the Governor holds true to his promised veto, we will be fortunate with the outcome of this legislation; however, this situation serves as a perfect example to remind us how diligent we must continue to be across the nation with opposing such proposed laws that are directly repugnant to the very foundation of our Order. 3 Other relative federal legislation reviewed and analyzed by me is included in the attached appendix. Respectfully submitted in Fraternity, Charity, and Loyalty, Chair, National Committee on Legislation Sons of Union Veterans of the Civil War cc: Donald D. Palmer, Jr., PDC, National Chief of Staff Andrew M. Johnson (PCinC), Committee Member ex officio Tad D. Campbell, DC, Department of California and Pacific Jerry R. Sayre, PCC, Sr. Vice-Commander, Department of California and Pacific Will Tisch, Patriotic Instructor, Department of California and Pacific Steven J. Welch, Camp Commander, Phil Sheridan Camp No. 4, Dept. of CA & PAC George Powell, PCinC 1 Emphasis added for those in bold. 2 The Dept. of NJ has been contacted about this legislation. 3 The Committee was fortunate that Sister Karen Lavrischeff of the Dr. Mary E. Walker Auxiliary No. 52 learned of the legislation and alerted the chair for further investigation.

3 117 STAT. 772 PUBLIC LAW MAY 29, 2003 Public Law th Congress An Act May 29, 2003 [S. 330] Veterans Memorial Preservation and Recognition Act of USC 1369 note. To further the protection and recognition of veterans memorials, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the Veterans Memorial Preservation and Recognition Act of SEC. 2. CRIMINAL PENALTIES FOR DESTRUCTION OF VETERANS MEMORIALS. (a) IN GENERAL. Chapter 65 of title 18, United States Code, is amended by adding at the end the following: Destruction of veterans memorials (a) Whoever, in a circumstance described in subsection (b), willfully injures or destroys, or attempts to injure or destroy, any structure, plaque, statue, or other monument on public property commemorating the service of any person or persons in the armed forces of the United States shall be fined under this title, imprisoned not more than 10 years, or both. (b) A circumstance described in this subsection is that (1) in committing the offense described in subsection (a), the defendant travels or causes another to travel in interstate or foreign commerce, or uses the mail or an instrumentality of interstate or foreign commerce; or (2) the structure, plaque, statue, or other monument described in subsection (a) is located on property owned by, or under the jurisdiction of, the Federal Government.. (b) CLERICAL AMENDMENT. The table of sections at the beginning of chapter 65 of title 18, United States Code, is amended by adding at the end the following: Destruction of veterans memorials.. 23 USC 109 note. SEC. 3. HIGHWAY SIGNS RELATING TO VETERANS CEMETERIES. (a) IN GENERAL. Notwithstanding the terms of any agreement entered into by the Secretary of Transportation and a State under section 109(d) or 402(a) of title 23, United States Code, a veterans cemetery shall be treated as a site for which a supplemental guide sign may be placed on any Federal-aid highway. Ver 11-MAY :50 Jun 06, 2003 Jkt PO Frm Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL APPS24 PsN: PUBL029

4 PUBLIC LAW MAY 29, STAT. 773 (b) APPLICABILITY. Subsection (a) shall apply to an agreement entered into before, on, or after the date of the enactment of this Act. Approved May 29, LEGISLATIVE HISTORY S. 330: HOUSE REPORTS: No , Pt. 1 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 149 (2003): Mar. 27, considered and passed Senate. May 20, considered and passed House. Æ Ver 11-MAY :38 Jun 02, 2003 Jkt PO Frm Fmt 6580 Sfmt 6580 E:\PUBLAW\PUBL APPS24 PsN: PUBL029

5 I 110TH CONGRESS 1ST SESSION H. R. 145 To amend section 1369 of title 18, United States Code, to extend Federal jurisdiction over destruction of veterans memorials on State or local government property. IN THE HOUSE OF REPRESENTATIVES JANUARY 4, 2007 Mr. GENE GREEN of Texas introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend section 1369 of title 18, United States Code, to extend Federal jurisdiction over destruction of veterans memorials on State or local government property Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the Protect our Veterans Memorials Act of SEC. 2. FINDINGS. Congress finds that sroberts on PROD1PC70 with BILLS 8 (1) crimes against United States military vet- 9 erans memorials on public property dishonor all Ver Aug :05 Jan 10, 2007 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\H145.IH H145

6 American servicemen and women and their sacrifices for the Nation s defense; and (2) Federal prosecution of crimes against such veterans memorials on public property is in the national interest of honoring the Nation s military veterans. SEC. 3. FEDERAL JURISDICTION OVER DESTRUCTION OF VETERANS MEMORIALS ON STATE OR LOCAL GOVERNMENT PROPERTY. Section 1369(b)(2) of title 18, United States Code, is amended by inserting, or a State or local government after Federal Government. Æ sroberts on PROD1PC70 with BILLS HR 145 IH Ver Aug :05 Jan 10, 2007 Jkt PO Frm Fmt 6652 Sfmt 6301 E:\BILLS\H145.IH H145

7 Significant Federal Legislation Impacting the SUVCW 1 st Session of the 110 th Congress (January 2007) Items of Special Interest are Highlighted I S S U E S I M P A C T I N G T H E O R D E R Bill Number ORDER NEW LEGISLATION SINCE 4 JANUARY 2007 BELOW HR 40, To acknowledge the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American colonies between 1619 and 1865 and to establish a commission to examine the institution of slavery, subsequently de jure and de facto racial and economic discrimination against African-Americans, and the impact of these forces on living African-Americans, to make recommendations to the Congress on appropriate remedies, and for other purposes. HR 75, To recognize the birthdays of Presidents George Washington and Abraham Lincoln. HR 145, To amend section 1369 of title 18, United States Code, to extend Federal jurisdiction over destruction of veterans' memorials on State or local government property. Rep. John Conyers, Jr. [MI-14] Rep. Roscoe G. Bartlett [MD-6] Rep. Gene Green [TX-29] Status : Referred to the House Committee on Judiciary : Referred to House Committee on Oversight and Government Reform. : Referred to the House Committee on Judiciary. current as of

8 C O N S T I T U T I O N A L / F L A G I S S U E S Bill Number CONSTITUTION/FLAG NEW LEGISLATION SINCE 4 JANUARY 2007 BELOW HJRES 2, Proposing an amendment the Constitution of the United States regarding presidential election voting rights for residents of all United States territories and commonwealths. HJRES 6, Proposing an amendment to the Constitution of the United States to provide that Representatives shall be apportioned among the several States according to their respective numbers, counting the number of persons in each State who are citizens of the United States. HJRES 8, Proposing an amendment to the Constitution of the United States to repeal the twenty-second article of amendment, thereby removing the limitation on the number of terms an individual may serve as President. HJRES 9, Proposing an amendment to the Constitution of the United States authorizing the Congress and the States to prohibit the act of desecration of the flag of the United States and to set criminal penalties for that act. HJRES 12, Proposing an amendment to the Constitution of the United States authorizing the Congress to prohibit the physical desecration of the flag of the United States. HJRES 17, Proposing an amendment to the Constitution of the United States establishing English as the official language of the United States. HJRES 19, Proposing an amendment to the Constitution of the United States to establish English as the official language of the United States. Rep. Donna M. Christensen [VI] Rep. Candice S. Miller [MI-10] Rep. Jose E. Serrano [NY-16] Rep. Jo Ann Emerson [MO-8] Rep. John P. Murtha [PA-12] Rep. John T. Doolittle [CA-4] Rep. Thomas G. Tancredo [CO-6] 1/5/2007 1/11/2007 1/17/2007 1/18/2007 Status : Referred to the House : Referred to the House : Referred to the House 1/5/2007: Referred to the House 1/11/2007: Referred to the House 1/17/2007: Referred to the House 1/18/2007: Referred to the House current as of

9 P A T R I O T I S M I S S U E S Bill Number PATRIOTISM HR 133, To amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens. HR 284, To amend title 5, United States Code, to provide for the issuance of a prisoner-of-war medal to civilian employees of the Federal Government who, during war or under wartime conditions, are taken captive by armed forces or agents of a foreign government hostile to the United States. NEW LEGISLATION SINCE 4 JANUARY 2007 BELOW Rep.Elton Gallegly Rep. Geoff Davis [KY-4] 1/5/2007 Status : Referred to the House 1/5/2007: Referred to the House Committee on Oversight and Government Reform. current as of

10 V E T E R A N S I S S U E S Bill Number VETERANS NEW LEGISLATION SINCE 4 JANUARY 2007 BELOW HR 23, To amend title 46, United States Code, to provide benefits to certain individuals who served in the United States merchant marine (including the Army Transport Service and the Naval Transport Service) during World War II. HR 67, To amend title 38, United States Code, to improve the outreach activities of the Department of Veterans Affairs, and for other purposes. HR 81, To amend title 38, United States Code, to provide that members of the Armed Forces and Selected Reserve may transfer certain educational assistance benefits to dependents, and for other purposes. HR 92, To amend title 38, United States Code, to establish standards of access to care for veterans seeking health care from the Department of Veterans Affairs, and for other purposes. HR 100, To amend the Higher Education Act of 1965 to prevent veterans' contributions to education benefits from reducing Federal student financial assistance. HR 109, To amend the Small Business Act to make service-disabled veterans eligible under the 8(a) business development program. HR 112, To amend title 38, United States Code, to provide for the payment of stipends to veterans who pursue doctoral degrees in science or technology. Rep. Bob Filner [CA-51] Rep. Mike McIntyre [NC-7] Rep. Roscoe G. Bartlett [MD-6] Rep. Ginny Brown-Waite [FL-5] Rep. Susan A. Davis [CA-53] Rep. Jo Ann Davis [VA-1] Rep. Jo Ann Davis [VA-1] Status : Referred to the House Committee on Veterans Affairs and the House Committee on Ways and Means. : Referred to the House Committee on Veterans Affairs. : Referred to the House Committee on Veterans Affairs and the House Committee on Armed Services. : Referred to the House Committee on Veterans Affairs. : Referred to the House Committee on Education and Labor. : Referred to the House Committee on Small Business. : Referred to the House Committee on Veterans Affairs. current as of

11 Bill Number VETERANS HR 333, To amend title 10, United States Code, to permit retired members of the Armed Forces who have a service-connected disability rated less than 50 percent to receive concurrent payment of both retired pay and veterans' disability compensation, and for other purposes. S.22, A bill to amend title 38, United States Code, to establish a program of educational assistance for members of the Armed Forces who serve in the Armed Forces after September 11, 2001, and for other purposes. S 168, To direct the Secretary of Veterans Affairs to establish a national cemetery for veterans in the Pikes Peak Region of Colorado. Rep. Jim Marshall [GA-8] Sen. Jim Webb [VA] Sen. Wayne Allard [CO] 1/9/2007 Status 1/9/2007: Referred to the House Committee on Armed Services, and House Committee on Veterans Affairs. : Referred to the Senate Committee on Veterans Affairs. : Referred to the Senate Committee on Veterans Afairs. current as of

12 M I S C E L L A N E O U S L E G I S L A T I V E I S S U E S I M P A C T I N G T H E O R D E R Bill Number MISCELLANEOUS NEW LEGISLATION SINCE 4 JANUARY 2007 BELOW HR 424, To repeal the Military Selective Service Act. Rep. Ron Pal [TX-14] 1/11/2007 Status 1/11/2007: Referred to the House Committee on Armed Services. current as of

13 P U B L I C L A W S ( P A S S E D B Y C O N G R E S S & S I G N E D B Y T H E P R E S I D E N T ) Bill Number PUBLIC LAWS NEW LEGISLATION SINCE 4 JANUARY 2007 BELOW No Updates Since Last Report Signed Into Law current as of