[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 499 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 499

 To authorize the American Battle Monuments Commission to establish in 
    the State of Louisiana a memorial to honor the Buffalo Soldiers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2003

  Ms. Landrieu (for herself and Mr. Breaux) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To authorize the American Battle Monuments Commission to establish in 
    the State of Louisiana a memorial to honor the Buffalo Soldiers.

    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 ``Buffalo Soldier Commemoration Act of 
2003''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the 9th and 10th Cavalry regiments and the 24th and 
        25th Infantry regiments, comprised of African-American soldiers 
        referred to as ``Buffalo Soldiers'', performed outstanding 
        service to the United States during--
                    (A) the Indian Wars;
                    (B) the Spanish-American War;
                    (C) the Philippine Insurrection; and
                    (D) the raids against Poncho Villa;
            (2) in recognition of the contributions of the Buffalo 
        Soldiers to the defense of the United States, soldiers in the 
        9th and 10th Cavalry regiments were awarded 20 individual 
        Congressional Medals of Honor;
            (3) the Buffalo Soldiers established a rich tradition of 
        professional African-American soldiers in the United States 
        Army by granting a commission--
                    (A) in the 10th Cavalry regiment, to the first 
                African-American professional officer; and
                    (B) in the 9th Cavalry regiment, to the first 
                African-American graduates of West Point;
            (4) while the Buffalo Soldiers served the United States 
        with bravery and fortitude in the harshest environments and 
        under the most difficult conditions, the service of the Buffalo 
        Soldiers has not been sufficiently memorialized;
            (5) the Buffalo Soldiers remain emblems of the work of free 
        men in defense of the United States and should be recognized 
        for their contributions; and
            (6) because 2 of the 4 African-American regiments were 
        organized in the State of Louisiana and were initially 
        comprised of recruits from the city of New Orleans, the State 
        of Louisiana is an appropriate place to establish a memorial to 
        recognize the contributions of the Buffalo Soldiers.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Buffalo soldier.--The term ``Buffalo Soldier'' means an 
        African-American soldier that served in--
                    (A) the 9th Cavalry regiment;
                    (B) the 10th Cavalry regiment;
                    (C) the 24th infantry regiment; or
                    (D) the 25th infantry regiment.
            (2) City.--The term ``city'' means the city of New Orleans, 
        Louisiana.
            (3) Commission.--The term ``Commission'' means the American 
        Battle Monuments Commission.
            (4) Fund.--The term ``Fund'' means the Buffalo Soldier 
        Memorial Fund established by section 5(a).
            (5) Memorial.--The term ``memorial'' means the memorial 
        established under section 4(a).
            (6) Museum.--The term ``museum'' means the Louisiana State 
        Museum in the State.
            (7) State.--The term ``State'' means the State of 
        Louisiana.

SEC. 4. ESTABLISHMENT OF MEMORIAL.

    (a) In General.--The Commission may establish a memorial to honor 
the Buffalo Soldiers--
            (1) on Federal land in the city or its environs; or
            (2) on land donated by the city or the State.
    (b) Contributions.--The Commission shall solicit and accept 
contributions sufficient for the construction and maintenance of the 
memorial.
    (c) Mail.--The Commission shall be considered to qualify for the 
rates of postage currently in effect under former section 4452 of title 
39, United States Code, for third-class mail matter mailed by a 
qualified nonprofit organization with respect to official mail sent in 
carrying out this section.
    (d) Voluntary Services.--
            (1) In general.--Notwithstanding section 1342 of title 31, 
        United States Code, the Commission may accept from any person 
        voluntary services provided in furtherance of fundraising 
        activities of the Commission relating to the memorial.
            (2) Treatment of volunteers.--
                    (A) In general.--Subject to subparagraph (B), a 
                person that provides voluntary services under this 
                subsection--
                            (i) shall be considered to be a Federal 
                        employee for the purposes of chapter 81 of 
                        title 5 and chapter 171 of title 28, United 
                        States Code; but
                            (ii) shall not be considered to be a 
                        Federal employee for any other purpose by 
                        reason of the provision of the voluntary 
                        service.
                    (B) Certain responsibilities.--A person described 
                in subparagraph (A) that is assigned responsibility for 
                the handling of funds or the carrying out of a Federal 
                function shall be subject to--
                            (i) section 208 of title 18, United States 
                        Code; and
                            (ii) part 2635 of title 5, Code of Federal 
                        Regulations (or any successor regulation).
            (3) Reimbursement.--The Commission may--
                    (A) identify types of incidental expenses incurred 
                by a person providing voluntary services under this 
                subsection for which the person may be reimbursed; and
                    (B) provide for reimbursement of those expenses.
            (4) No effect on federal employees.--Nothing in this 
        subsection--
                    (A) requires any Federal employee to work without 
                compensation; or
                    (B) permits the use of volunteer services to 
                displace or replace any services provided by a Federal 
                employee.
    (e) Treatment of Certain Contracts.--A contract entered into by the 
Commission for the design or construction of the memorial shall not be 
considered to be a funding agreement for the purpose of chapter 18 of 
title 35, United States Code.
    (f) Legal Representation.--
            (1) In general.--The Attorney General shall provide the 
        Commission such legal representation as the Commission requires 
        to carry out subsection (e).
            (2) Patent and trademark representation.--The Secretary of 
        Defense shall provide representation for the Commission in any 
        administrative proceeding before the Patent and Trademark 
        Office and Copyright Office.
    (g) Irrevocability of Transfers of Copyrights to Commission.--
Section 203 of title 17, United States Code, shall not apply to any 
copyright transferred to the Commission.
    (h) Participation in Combined Federal Campaign.--The Director of 
the Office of Personnel Management shall include the Commission on the 
list of agencies eligible for participation in each Combined Federal 
Campaign carried out by the Executive Branch under Executive Order No. 
10927 (March 18, 1961), until such time as the Commission certifies to 
the Director of the Office of Personnel Management that fundraising for 
the memorial is concluded.

SEC. 5. MEMORIAL FUND.

    (a) Establishment.--There is established in the Treasury a fund to 
be used by the Commission to pay the expenses incurred in establishing 
the memorial, to be known as the ``Buffalo Soldier Memorial Fund''.
    (b) Deposits in the Fund.--The Commission shall deposit in the 
Fund--
            (1) amounts accepted by the Commission under section 4(b); 
        and
            (2) interest and proceeds credited to the Fund under 
        subsection (d).
    (c) Investment of Amounts.--The Secretary of the Treasury shall 
invest such portion of the Fund that is not, in the judgment of the 
Chairman of the Commission, required to meet current withdrawals. 
Investments may be made only in--
            (1) an interest-bearing obligation of the United States; or
            (2) an obligation guaranteed as to principal and interest 
        by the United States that the Chairman of the Commission 
        determines has a maturity suitable for the Fund.
    (d) Credits to Fund.--The interest on, and proceeds from sale or 
redemption of, obligations held in the Fund shall be credited to the 
Fund.
    (e) Use of Fund.--Amounts in the Fund shall be available--
            (1) to the Commission--
                    (A) to pay expenses incurred in establishing the 
                memorial; and
                    (B) to secure, obtain, register, enforce, protect, 
                and license any mark, copyright, or patent that is 
                owned by, assigned to, licensed to the Commission to 
                aid or facilitate the construction of the memorial; and
            (2) to the Commission, or to another agency or entity to 
        which the amounts are transferred under subsection (f)--
                    (A) for the maintenance and upkeep of the memorial; 
                and
                    (B) after establishment of the memorial, for such 
                other expenses relating to the memorial as the 
                Commission, agency, or entity considers to be 
                necessary.
    (f) Transfer of Amounts in Fund.--Amounts in the Fund may be 
transferred by the Commission to an agency or entity to which title to 
the memorial is transferred under section 6.

SEC. 6. TRANSFER OF POSSESSION AND AUTHORITY FOR MEMORIAL.

    On or after the date that is 1 year after the date of establishment 
of the memorial, the Commission may transfer any amounts remaining in 
the Fund, and title to and responsibility for future operation and 
maintenance of the memorial, to, at the option of the Commission--
            (1) the National Park Service; or
            (2) another appropriate governmental agency or other entity 
        (such as a State or local government agency, or a nonprofit 
        corporation that applies to the Commission to take title to the 
        memorial) that is an organization described in section 170(c) 
        of the Internal Revenue Code of 1986.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>