Text: H.R.154 — 102nd Congress (1991-1992)All Information (Except Text)

Text available as:

Shown Here:
Referred in Senate

 
 
HR 154 RFS
102d CONGRESS
1st Session
 H. R. 154
IN THE SENATE OF THE UNITED STATES
February 19 (legislative day, FEBRUARY 6), 1991
Received; read twice and referred to the Committee on Veterans' Affairs
AN ACT
To provide for the transfer of an existing United States memorial erected
under the auspices of the American Legion, Incorporated, for the use and
benefit of American officers and enlisted personnel who served in World War
I to the Department of Veterans Affairs, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. PERSHING HALL, PARIS, FRANCE.
  (a) IN GENERAL- Pershing Hall, an existing memorial in Paris, France,
  owned by the United States, together with the personal property of
  such memorial, is hereby placed under the jurisdiction, custody, and
  control of the Department of Veterans Affairs so that the memorial to the
  commander-in-chief, officers, men, and auxiliary services of the American
  Expeditionary Forces in France during World War I may be continued in an
  appropriate manner and financial support be provided therefor.
  (b) ADMINISTRATION- (1)(A) The Secretary of Veterans Affairs shall
  administer, operate, develop, and improve Pershing Hall and its site in
  such manner as the Secretary determines appropriate to meet the needs
  of veterans, including maintaining an office to disseminate information,
  respond to inquiries, and otherwise assist veterans and their families in
  obtaining veterans' benefits.
  (B) To carry out the purposes of this section, the Secretary may enter
  into agreements authorized by subsection (c) to fund the operation of the
  memorial and projects authorized by subsection (d)(6).
  (2)(A) The Secretary shall, after consultation with the American
  Battle Monuments Commission, provide for a portion of Pershing Hall to
  be specifically dedicated, with appropriate exhibitions and monuments,
  to the memory of the commander-in-chief, officers, men, and auxiliary
  services of the American Expeditionary Forces in France during World War I.
  (B) The establishment and continuing supervision of the memorial that is
  dedicated pursuant to subparagraph (A) shall be carried out by the American
  Battle Monuments Commission.
  (3) To the extent that funds are available in the Pershing Hall Revolving
  Fund established by subsection (d), the Secretary may incur such expenses
  with respect to Pershing Hall as the Secretary determines necessary or
  appropriate.
  (c) LEASES- (1) The Secretary may enter into agreements for the operation,
  development, and improvement of Pershing Hall and its site, including the
  leasing of portions of the Hall for terms not to exceed 35 years in areas
  that are newly constructed or substantially rehabilitated and for not to
  exceed 20 years in other areas of the Hall, as the Secretary determines
  necessary or appropriate.
  (2) Leases entered into by the Secretary shall be for consideration in
  the form of cash or in-kind, or a combination of the two, as determined by
  the Secretary, which shall include the value of space leased back to the
  Secretary by the lessee, net of rent paid by the Secretary, and the present
  value of the residual interest of the Secretary at the end of the lease term.
  (3) The Secretary may not enter into a lease agreement described in
  this subsection until the end of a 60-day period of continuous session
  of Congress following the date of the submission of the proposed lease
  agreement to the Committees on Veterans' Affairs of the Senate and House
  of Representatives. For purposes of the preceding sentence, continuity of
  a session of Congress is broken only by an adjournment sine die, and there
  shall be excluded from the computation of such 60-day period any day during
  which either House of Congress is not in session during an adjournment of
  more than three days to a day certain.
  (d) FUND- (1) There is hereby established the Pershing Hall Revolving Fund
  to be administered by the Secretary of Veterans Affairs.
  (2) There shall be transferred to the Pershing Hall Revolving Fund, at
  such time or times as the Secretary may determine without limitation as
  to year, amounts as determined by the Secretary, not to exceed $1,000,000
  in total, from funds appropriated to the Department of Veterans Affairs
  for the construction of major projects. The account from which any such
  amount is transferred shall be reimbursed promptly from other funds as
  they become part of the Pershing Hall Revolving Fund.
  (3) The Pershing Hall Memorial Fund, established in the Treasury of the
  United States pursuant to section 2 of the Act of June 28, 1935 (Public
  Law 74-171; 49 Stat. 426), is hereby abolished and the corpus of the fund,
  including accrued interest, is transferred to the Pershing Hall Revolving
  Fund.
  (4) Funds received by the Secretary from operation of Pershing Hall or
  from any lease or other agreement with respect to Pershing Hall shall be
  deposited in the Pershing Hall Revolving Fund.
  (5) The Secretary of the Treasury shall invest any portion of the Revolving
  Fund that, as determined by the Secretary of Veterans Affairs, is not
  required to meet current expenses of the Fund. Each investment shall
  be made in an interest bearing obligation of the United States or an
  obligation guaranteed as to principal and interest by the United States
  that, as determined by the Secretary of Veterans Affairs, has a maturity
  suitable for the Revolving Fund. The Secretary of the Treasury shall credit
  to the Revolving Fund the interest on, and the proceeds from the sale or
  redemption of, such obligations.
  (6)(A) Subject to subparagraphs (B) and (C), the Secretary of Veterans
  Affairs may expend not more than $100,000 from the Fund in any fiscal year
  upon projects, activities, and facilities determined by the Secretary of
  Veterans Affairs to be in keeping with the mission of the Department.
  (B) An expenditure under subparagraph (A) may be made only from funds
  that will remain in the Fund in any fiscal year after payment of expenses
  incurred with respect to Pershing Hall for such fiscal year and only after
  the reimbursement of all amounts transferred to the Fund under subsection
  (d)(2) has been completed.
  (C) An expenditure authorized by subparagraph (A) shall be reported by
  the Secretary to the Congress no later than November 1 of each year for
  the fiscal year ending on the previous September 30.
  (e) WAIVER- The Secretary may carry out the provisions of this section
  without regard to section 5022 of title 38, United States Code, section 321
  of the Act of June 30, 1932 (40 U.S.C. 303b; 47 Stat. 412), sections 202 and
  203 of the Federal Property and Administrative Services Act (40 U.S.C. 483
  and 484), or any other provision of law inconsistent with this section.
Passed the House of Representatives February 5, 1991.
Attest:
DONNALD K. ANDERSON,
Clerk.