[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2822 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2822

  To authorize the Marion Park Project and Committee of the Palmetto 
 Conservation Foundation to establish a commemorative work on Federal 
 land in the District of Columbia and its environs to honor Brigadier 
                        General Francis Marion.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2006

  Mr. Graham introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To authorize the Marion Park Project and Committee of the Palmetto 
 Conservation Foundation to establish a commemorative work on Federal 
 land in the District of Columbia and its environs to honor Brigadier 
                        General Francis Marion.

    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 ``Brigadier General Francis Marion 
Memorial Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Brigadier General Francis Marion--
                    (A) was born in 1732 in St. John's Parish, Berkeley 
                County, South Carolina; and
                    (B) married Mary Esther Videau on April 20, 1786;
            (2) the Marions had no children, but raised as their own 
        child a son of a relative, who was given Francis Marion's name;
            (3) Marion commanded the Williamsburg Militia Revolutionary 
        Force in South Carolina and was instrumental in delaying the 
        advance of British forces by leading his troops in disrupting 
        supply lines;
            (4) Marion's tactics, which were unheard of in rules of 
        warfare at the time, included lightning raids on British 
        convoys, after which Marion and his forces would retreat into 
        the swamps to avoid capture;
            (5) the legend of ``Swamp Fox'' was born when British 
        Lieutenant Colonel Tarleton stated, in reference to Marion, 
        that ``as for this damned old swamp fox, the devil himself 
        could not catch him'';
            (6) Marion's victory at the Battle of Eutaw Springs in 
        September of 1781 was officially recognized by Congress;
            (7) Marion's troops, which were composed of whites, blacks, 
        both free and slave, and Native Americans, are believed to be 
        the first racially integrated force fighting for the United 
        States;
            (8) as a statesman, Marion represented his parish in the 
        South Carolina senate and the State of South Carolina at the 
        Constitutional Convention;
            (9) although Congress has authorized the establishment of 
        commemorative works on Federal land in the District of Columbia 
        honoring such celebrated Americans as George Washington, Thomas 
        Jefferson, and Abraham Lincoln, there is no comparable memorial 
        to Brigadier General Francis Marion commemorating Marion's 
        bravery and leadership during the Revolutionary War, without 
        which the United States would not exist;
            (10) Brigadier General Marion's legacy must live on;
            (11) since 1878, United States Reservation 18 has been 
        officially referred to as Marion Park;
            (12) located between 4th and 6th Streets, S.E., at the 
        intersection of E Street and South Carolina Avenue, S.E., in 
        Washington, DC, Marion Park lacks a formal commemoration to 
        this South Carolina hero who was important to the initiation of 
        the heritage of the United States;
            (13) the time has come to correct this oversight so that 
        future generations of Americans will know and understand the 
        preeminent historical and lasting significance to the Nation of 
        Marion's contributions; and
            (14) Marion, a South Carolina hero, deserves to be given 
        proper recognition.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commemorative work.--The term ``commemorative work'' 
        has the meaning given the term in section 8902(a) of title 40, 
        United States Code.
            (2) Committee.--The term ``Committee'' means the Committee 
        of the Palmetto Conservation Foundation.
            (3) The district of columbia and its environs.--The term 
        ``the District of Columbia and its environs'' has the meaning 
        given the term in section 8902(a) of title 40, United States 
        Code.
            (4) Project.--The term ``Project'' means the Marion Park 
        Project.

SEC. 4. COMMEMORATIVE WORK TO HONOR BRIGADIER GENERAL FRANCIS MARION 
              AND HIS FAMILY.

    (a) Authority to Establish Commemorative Work.--The Project and 
Committee may jointly establish a commemorative work on Federal land in 
the District of Columbia and its environs to honor the service of 
Brigadier General Francis Marion to the United States.
    (b) Compliance With Standards for Commemorative Works.--The 
commemorative work authorized under subsection (a) shall be established 
in accordance with chapter 89 of title 40, United States Code.
    (c) Funds for Commemorative Work.--
            (1) In general.--The Project and Committee shall be solely 
        responsible for acceptance of contributions for, and payment of 
        the expenses of, the establishment of the commemorative work 
        authorized under subsection (a).
            (2) Use of federal funds prohibited.--No Federal funds 
        shall be used to pay any expense of the establishment of the 
        commemorative work authorized under subsection (a).
            (3) Deposit of excess funds.--The Project and the Committee 
        shall transmit to the Secretary of the Treasury for deposit in 
        the account provided for in section 8906(b)(1) of title 40, 
        United States Code--
                    (A) any funds that remain for the commemorative 
                work authorized under subsection (a) after payment of 
                all expenses incurred in the establishment of the 
                commemorative work (including payment of the amount for 
                maintenance and preservation required under section 
                8906(b) of that title); or
                    (B) any funds that remain for the commemorative 
                work authorized under subsection (a) on expiration of 
                the authority for the commemorative work under section 
                8903(e) of that title.
                                 <all>