[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1988 Reported in Senate (RS)]






                                                       Calendar No. 642
107th CONGRESS
  2d Session
                                S. 1988

 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 5, 2002

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

                            October 8, 2002

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Buffalo Soldier 
Commemoration Act of 2002''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Indian Wars;</DELETED>
                <DELETED>    (B) the Spanish-American War;</DELETED>
                <DELETED>    (C) the Philippine Insurrection; 
                and</DELETED>
                <DELETED>    (D) the raids against Poncho 
                Villa;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) the Buffalo Soldiers established a rich 
        tradition of professional African-American soldiers in the 
        United States Army by granting a commission--</DELETED>
                <DELETED>    (A) in the 10th Cavalry regiment, to the 
                first African-American professional officer; 
                and</DELETED>
                <DELETED>    (B) in the 9th Cavalry regiment, to the 
                first African-American graduates of West 
                Point;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 4. ESTABLISHMENT OF MEMORIAL.</DELETED>

<DELETED>    (a) In General.--Notwithstanding subsections (b) and (c) 
of section 3 of the Commemorative Works Act (40 U.S.C. 1003(b),(c)), 
the Commission may establish a memorial to honor the Buffalo Soldiers--
</DELETED>
        <DELETED>    (1) on Federal land in the city or its environs; 
        or</DELETED>
        <DELETED>    (2) on land donated by the city or the 
        State.</DELETED>
<DELETED>    (b) Compliance With the Commemorative Works Act.--Except 
as provided in subsection (a), the establishment of the memorial shall 
be in accordance with the Commemorative Works Act (40 U.S.C. 1001 et 
seq.).</DELETED>
<DELETED>    (c) Contributions.--The Commission shall solicit and 
accept contributions for the memorial.</DELETED>

<DELETED>SEC. 5. MEMORIAL FUND.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Deposits in the Fund.--The Commission shall deposit in 
the Fund--</DELETED>
        <DELETED>    (1) amounts accepted by the Commission under 
        section 4(c); and</DELETED>
        <DELETED>    (2) interest and proceeds credited to the Fund 
        under subsection (d).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) an interest-bearing obligation of the United 
        States; or</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Deposit of Excess Funds.--The Commission shall 
transmit to the Secretary of the Treasury, for deposit in the account 
provided for in section 8(b)(1) of the Commemorative Works Act (40 
U.S.C. 1008(b)(1)), the amount of any balance remaining in the Fund--
</DELETED>
        <DELETED>    (1) after payment of all expenses of the 
        establishment of the memorial (including payment of the amount 
        for maintenance and preservation required by section 8(b) of 
        the Commemorative Works Act (40 U.S.C. 1008(b)); or</DELETED>
        <DELETED>    (2) on expiration of the authority for the 
        memorial under section 10(b) of that Act (40 U.S.C. 
        1010(b)).</DELETED>

<DELETED>SEC. 6. MILITARY ARTIFACTS.</DELETED>

<DELETED>    (a) Authority.--The head of any Federal agency may 
transfer, loan, or otherwise provide to the museum any military 
artifact, memorabilia, or other material that the agency head and the 
Commission consider to be appropriate for a permanent display to 
memorialize, and educate the public regarding, the contributions of the 
Buffalo Soldiers.</DELETED>
<DELETED>    (b) Display.--</DELETED>
        <DELETED>    (1) In general.--The museum may display at the 
        museum any artifact, memorabilia, or other material 
        transferred, loaned, or provided to the museum under subsection 
        (a).</DELETED>
        <DELETED>    (2) Terms and conditions.--The display of the 
        artifact, memorabilia, or other material under paragraph (1) 
        shall be in accordance with any terms or conditions imposed by 
        the agency head transferring, loaning, or providing the 
        artifact, memorabilia, or material.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Buffalo Soldier Commemoration Act of 
2002''.

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 fund for the 
        memorial established under 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) Management.--The memorial shall be managed--
            (1) if the memorial is established on Federal land under 
        subsection (a)(1), by the Director of the National Park 
        Service; or
            (2) if the memorial is established on land donated by the 
        city or the State under subsection (a)(2), by the State.
    (c) Contributions.--The Commission shall solicit and accept 
contributions sufficient for the construction and maintenance of the 
memorial.

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.
    (b) Deposits in the Fund.--The Commission shall deposit in the 
Fund--
            (1) amounts accepted by the Commission under section 4(c); 
        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.

SEC. 6. MILITARY ARTIFACTS.

    (a) Authority.--The head of any Federal agency may transfer, loan, 
or otherwise provide to the museum any military artifact, memorabilia, 
or other material that the agency head and the Commission consider to 
be appropriate for a permanent display to memorialize, and educate the 
public regarding, the contributions of the Buffalo Soldiers.
    (b) Display.--
            (1) In general.--The museum may display at the museum any 
        artifact, memorabilia, or other material transferred, loaned, 
        or provided to the museum under subsection (a).
            (2) Terms and conditions.--The display of the artifact, 
        memorabilia, or other material under paragraph (1) shall be in 
        accordance with any terms or conditions imposed by the agency 
        head transferring, loaning, or providing the artifact, 
        memorabilia, or material.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

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




                                                       Calendar No. 642

107th CONGRESS

  2d Session

                                S. 1988

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            October 8, 2002

                       Reported with an amendment