[Congressional Record Volume 149, Number 33 (Monday, March 3, 2003)]
[Senate]
[Pages S3030-S3032]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. LANDRIEU (for herself and Mr. Breaux):
  S. 499. A bill to authorize the American Battle Monuments Commission 
to establish in the State of Louisiana a memorial to honor the Buffalo 
Soldiers; to the Committee on Energy and Natural Resources.
  Ms. LANDRIEU. Mr. President, 137 years ago, before the term homeland

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security was even coined, a group of men devoted themselves to securing 
the frontiers of this Nation. They protected Americans in their homes; 
they deterred hostile invaders, and they secured the blessings of 
liberty for a young country. Even more remarkable, they secured these 
blessings for others, while they could not fully enjoy them themselves.
  I am referring to the Buffalo Soldiers. These brave men instituted a 
tradition of professional military service for African Americans that 
spans the greater part of American history. African American military 
service is as old as our Nation. There were black soldiers during the 
Revolution, a unit of free black men played a pivotal role in the 
Battle of New Orleans, and the exploits of African Americans during the 
Civil War have been captured in novels and on film. However, it was not 
until the Army Reorganization Act of 1866 that soldiering and service 
to country became a realistic option for African Americans seeking to 
improve their quality of life. In so doing, they raised the bar of 
freedom, and revealed the injustice of preventing the defenders of 
democracy from fully participating in it.
  The city of New Orleans, and the State of Louisiana have a rich 
history. They have given more than their fair share of sons to the 
service of our Nation. Much of this history is commemorated throughout 
the State. Yet, these great sons of New Orleans remain unacknowledged 
in their home. For in Louisiana's great military tradition, surely two 
of its greatest military contributions were the 9th Cavalry Regiment 
and the 25th Infantry Regiment.
  These two forces, recruited and organized in New Orleans, represent 
half of all the units of Buffalo Soldiers. The 9th Cavalry alone 
constituted 10 percent of all the American cavalry. Their list of 
adversaries reads like a who's who of the Old West--Geronimo, Sitting 
Bull, Pancho Villa. In movies, when settlers encounter Apaches, the 
cavalry always comes to the rescue. Yet how many times were the cavalry 
that rode over the horizon African American? Of course, the reality is 
that the Buffalo Soldiers comprised some of our Nation's most capable 
and loyal troops. Despite suffering the worst deprivations known to any 
American soldiers of the period, they had the lowest desertion rates in 
the Army. The 9th Cavalry was awarded 10 Congressional Medals of Honor, 
including a native Louisianan, SGT. Emanuel Stance--a farmer from 
Carrol Parish.
  For these reasons, I am offering legislation that would authorize the 
creation of a suitable memorial in New Orleans for these gallant 
soldiers. There is an excellent statue to the Buffalo Soldiers at Fort 
Leavenworth, KS. It commemorates the 10th Cavalry Regiment stationed 
there. However, I believe that these men deserve to be recognized in 
their home city.
  Furthermore, it should be in a location where thousands of visitors 
will have the opportunity to come to appreciate the legacy of the 
Buffalo Soldiers. I believe that the city of New Orleans is the perfect 
location.
  Mr. President, we have made a number of changes to this legislation 
after consultations with the American Battle Monuments Commission. I 
believe these changes should address any concerns that they have 
expressed. Furthermore, we have an able and dedicated organization of 
individuals in the State who desperately want to see this project to 
completion. Last year, I had the pleasure of being in New Orleans with 
another of this Nation's great military heroes, Senator Daniel Inouye. 
We addressed a group of distinguished veterans from all around the 
State. Among them was George Jones, President of the Greater New 
Orleans Chapter of the Buffalo Soldiers Association. They have been 
working with Eddie Dixon, the artist for the beautiful Fort Leavenworth 
statue, to develop an appropriate memorial in the city of New Orleans 
for over a decade. This bill will fulfill that noble ambition.
  Mr. President, this Nation has sadly found the need to say thank you 
to its service men and women after the fact on more than one occasion. 
Unfortunately, this is another. We are fortunate to have living 
memories of the 9th and 10th Cavalry Regiments today. The regiments 
were not disbanded until the conclusion of World War II, where they 
served with distinction. We should take this opportunity to honor these 
veterans, and in so doing, honor the principles of liberty, freedom and 
democracy for which they fought and sacrificed. They have given so much 
to their Nation, we owe them this public expression of gratitude.
  Mr. President, I ask unanimous consent that these remarks appear in 
the Record, contiguous to the introduced bill and that the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 499

       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.

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       (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 
     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.
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