I 

110TH CONGRESS 

1ST SESSION H. R. 2094 

To provide for certain administrative and support services for the Dwight 

D. Eisenhower Memorial Commission, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 1, 2007 

Mr. MOORE of Kansas (for himself, Mr. MORAN of Kansas, Mr. THORNBERRY, Mr. BOSWELL, Mr. TIAHRT, and Mrs. BOYDA of Kansas) introduced the following bill; which was referred to the Committee on Natural 

Resources 

A BILL 

To provide for certain administrative and support services 

for the Dwight D. Eisenhower Memorial Commission, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DWIGHT D. EISENHOWER MEMORIAL COMMIS4 SION. 

5 Section 8162 of the Department of Defense Appro6 priations Act, 2000 (Public Law 106–79; 113 Stat. 1274) 

7 is amended— 

8 (1) by striking subsection (j), and inserting the 

9 following: 


rwilkins on PROD1PC63 with BILLS
2 

•HR 2094 IH

1 ‘‘(j) POWERS OF THE COMMISSION.— 

2 ‘‘(1) IN GENERAL.— 

3 ‘‘(A) POWERS.—The Commission may— 

4 ‘‘(i) make such expenditures for serv5 ices and materials for the purpose of car6 rying out this section as the Commission 

7 considers advisable from funds appro8 priated or received as gifts for that pur9 pose; 

10 ‘‘(ii) solicit and accept contributions 

11 to be used in carrying out this section or 

12 to be used in connection with the construc13 tion or other expenses of the memorial; 

14 ‘‘(iii) hold hearings and enter into 

15 contracts; 

16 ‘‘(iv) enter into contracts for special17 ized or professional services as necessary 

18 to carry out this section; and 

19 ‘‘(v) take such actions as are nec20 essary to carry out this section. 

21 ‘‘(B) SPECIALIZEDOR PROFESSIONAL

22 SERVICES.—Services under subparagraph 

23 (A)(iv) may be— 


rwilkins on PROD1PC63 with BILLS
3 

•HR 2094 IH

1 ‘‘(i) obtained without regard to the 

2 provisions of title 5, United States Code, 

3 including section 3109 of that title; and 

4 ‘‘(ii) may be paid without regard to 

5 the provisions of title 5, United States 

6 Code, including chapter 51 and subchapter 

7 III of chapter 53 of that title; 

8 ‘‘(2) GIFTS OF PROPERTY.—The Commission 

9 may accept, use, and dispose of gifts, bequests, or 

10 devises of services or property, both real and per11 sonal, for the purpose of aiding or facilitating the 

12 work of the Commission. Gifts, bequests, or devises 

13 of money and proceeds from the sales of other prop14 erty received as gifts, bequests, or devises shall be 

15 deposited in the Treasury and shall be available for 

16 disbursement upon the order of the Chair. For pur17 poses of Federal income, estate, and gift taxes, prop18 erty accepted under this subsection shall be consid19 ered as a gift, bequest, or devise to the United 

20 States. 

21 ‘‘(3) FEDERAL COOPERATION.—To ensure the 

22 overall success of the efforts of the Commission, the 

23 Commission may call upon any Federal department 

24 or agency to assist in and give support to the Com25 mission. The head of each Federal department or 


rwilkins on PROD1PC63 with BILLS
4 

•HR 2094 IH

1 agency shall furnish such information or assistance 

2 requested by the Commission, as appropriate, unless 

3 prohibited by law. 

4 ‘‘(4) POWERS OF MEMBERS ANDAGENTS.— 

5 ‘‘(A) IN GENERAL.—If authorized by the 

6 Commission, any member or agent of the Com7 mission may take any action that the Commis8 sion is authorized to take under this section. 

9 ‘‘(B) ARCHITECT.—The Commission may 

10 appoint an architect as an agent of the Com11 mission to— 

12 ‘‘(i) represent the Commission on var13 ious governmental source selection and 

14 planning boards on the selection of the 

15 firms that will design and construct the 

16 memorial; and 

17 ‘‘(ii) perform other duties as des18 ignated by the Chairperson of the Commis19 sion. 

20 ‘‘(C) TREATMENT.—An authorized mem21 ber or agent of the Commission (including an 

22 individual appointed under subparagraph (B)) 

23 providing services to the Commission shall be 

24 considered an employee of the Federal Govern25 ment in the performance of those services for 


rwilkins on PROD1PC63 with BILLS
5 

•HR 2094 IH

1 the purposes of chapter 171 of title 28, United 

2 States Code, relating to tort claims. 

3 ‘‘(5) TRAVEL.—Each member of the Commis4 sion shall be allowed travel expenses, including per 

5 diem in lieu of subsistence, at rates authorized for 

6 employees of agencies under subchapter I of chapter 

7 57 of title 5, United States Code, while away from 

8 their homes or regular places of business in the per9 formance of services for the Commission.’’; 

10 (2) by redesignating subsection (o) as sub11 section (q); and 

12 (3) by inserting after subsection (n) the fol13 lowing new subsection (o): 

14 ‘‘(o) STAFF AND SUPPORT SERVICES.— 

15 ‘‘(1) EXECUTIVE DIRECTOR.—There shall be an 

16 Executive Director appointed by the Commission to 

17 be paid at a rate not to exceed the maximum rate 

18 of basic pay for level IV of the Executive Schedule. 

19 ‘‘(2) STAFF.— 

20 ‘‘(A) IN GENERAL.—The staff of the Com21 mission may be appointed and terminated with22 out regard to the provisions of title 5, United 

23 States Code, governing appointments in the 

24 competitive service, and may be paid without 

25 regard to the provisions of chapter 51 and subVerDate Aug 31 2005 20:31 May 02, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2094.IH H2094

rwilkins on PROD1PC63 with BILLS
6 

•HR 2094 IH

1 chapter III of chapter 53 of that title, relating 

2 to classification and General Schedule pay 

3 rates, except that an individual appointed under 

4 this paragraph may not receive pay in excess of 

5 the maximum rate of basic pay for GS–15 of 

6 the General Schedule. 

7 ‘‘(B) SENIOR STAFF.—Notwithstanding 

8 subparagraph (A), not more than 3 staff em9 ployees of the Commission (in addition to the 

10 Executive Director) may be paid at a rate not 

11 to exceed the maximum rate of basic pay for 

12 level IV of the Executive Schedule. 

13 ‘‘(3) STAFF OF FEDERAL AGENCIES.—Upon re14 quest by the Chairperson of the Commission, the 

15 Vice-Chairperson, or the Executive Director, the 

16 head of any Federal department or agency may de17 tail, on a nonreimbursable basis, any of the per18 sonnel of the department or agency to the Commis19 sion to assist the Commission to carry out its duties 

20 under this section. 

21 ‘‘(4) FEDERAL SUPPORT.—The Commission 

22 shall obtain administrative and support services 

23 from the General Services Administration on a reim24 bursable basis. The Commission may use all con25 tracts, schedules, and acquisition vehicles allowed to 


rwilkins on PROD1PC63 with BILLS
7 

•HR 2094 IH

1 external clients through the General Services Admin2 istration. 

3 ‘‘(5) COOPERATIVE AGREEMENTS.—The Com4 mission may enter into cooperative agreements with 

5 Federal agencies, State, local, tribal and inter6 national governments, and private interests and or7 ganizations which will further the goals and pur8 poses of this section. 

9 ‘‘(6) TEMPORARY, INTERMITTENT, ANDPART10 TIME SERVICES.— 

11 ‘‘(A) IN GENERAL.—The Commission may 

12 obtain temporary, intermittent, and part-time 

13 services under section 3109 of title 5, United 

14 States Code, at rates not to exceed the max15 imum annual rate of basic pay payable under 

16 section 5376 of that title. 

17 ‘‘(B) NON-APPLICABILITY TO CERTAIN

18 SERVICES.—This paragraph shall not apply to 

19 services under subsection (j)(1)(A)(iv). 

20 ‘‘(7) VOLUNTEER SERVICES.— 

21 ‘‘(A) IN GENERAL.—Notwithstanding sec22 tion 1342 of title 31, United States Code, the 

23 Commission may accept and utilize the services 

24 of volunteers serving without compensation. 


rwilkins on PROD1PC63 with BILLS
8 

•HR 2094 IH

1 ‘‘(B) REIMBURSEMENT.—The Commission 

2 may reimburse such volunteers for local travel 

3 and office supplies, and for other travel ex4 penses, including per diem in lieu of subsist5 ence, as authorized by section 5703 of title 5, 

6 United States Code. 

7 ‘‘(C) TREATMENT.—A person providing 

8 volunteer services to the Commission shall be 

9 considered an employee of the Federal govern10 ment in the performance of those services for 

11 the purposes of— 

12 ‘‘(i) chapter 81 of title 5, United 

13 States Code, relating to compensation for 

14 work-related injuries; 

15 ‘‘(ii) chapter 171 of title 28, United 

16 States Code, relating to tort claims; and 

17 ‘‘(iii) chapter 11 of title 18, United 

18 States Code, relating to conflicts of inter19 est. 

20 ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated such sums as necessary 

22 to carry out this section.’’. 

Æ 


rwilkins on PROD1PC63 with BILLS