[Congressional Record (Bound Edition), Volume 149 (2003), Part 14]
[Senate]
[Pages 18544-18545]
[From the U.S. Government Publishing Office, www.gpo.gov]




               BUFFALO SOLDIERS COMMEMORATION ACT OF 2003

  The Senate proceeded to consider the bill (S. 499) to authorize the 
American Battle Monuments Commission to establish in the State of 
Louisiana a memorial to honor the Buffalo Soldiers, which had been 
reported from the Committee on Energy and Natural Resources with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                 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.

[[Page 18545]]

       [(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.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Buffalo Soldiers 
     commemoration Act of 2003''.

     SEC. 2. ESTABLISHMENT OF BUFFALO SOLDIERS MEMORIAL.

       (a) Authorization.--The American Battle Monuments 
     Commission is authorized to establish a memorial to honor the 
     Buffalo Soldiers in or around the City of New Orleans on land 
     donated for such purpose or on Federal land with the consent 
     of the appropriate land manager.
       (b) Contributions.--The Commission shall solicit and accept 
     contributions for the construction and maintenance of the 
     memorial.
       (c) Cooperative Agreements.--The Commission may enter into 
     a cooperative agreement with a private or public entity for 
     the purpose of fundraising for the construction and 
     maintenance of the memorial.
       (d) Maintenance Agreement.--Prior to beginning construction 
     of the memorial, the Commission shall enter into an agreement 
     with an appropriate public or private entity to provide for 
     the permanent maintenance of the memorial and shall have 
     sufficient funds, or assurance that it will receive 
     sufficient funds, to complete the memorial.

     SEC. 3. BUFFALO SOLDIERS MEMORIAL ACCOUNT.

       (a) Establishment.--The Commission shall maintain an escrow 
     account (``account'') to pay expenses incurred in 
     constructing the memorial.
       (b) Deposits Into the Account.--The Commission shall 
     deposit into the account any principal and interest by the 
     United States that the Chairman determines has a suitable 
     maturity.
       (c) Use of Account.--Amounts in the account, including 
     proceeds of any investments, may be used to pay expenses 
     incurred in establishing the memorial. After construction of 
     the memorial amounts in the account shall be transferred by 
     the Commission to the entity providing for permanent 
     maintenance of the memorial under such terms and conditions 
     as the Commission determines will ensure the proper use and 
     accounting of the amounts.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this Act.

  The committee amendment, in the nature of a substitute, was agreed 
to.
  The bill (S. 499), as amended, was read the third time and passed.

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