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Union Calendar No. 246 

110TH CONGRESS 

1ST SESSION H. R. 2094 

[Report No. 110–392] 

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 

OCTOBER 22, 2007 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 1, 2007] 

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, 

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1 SECTION 1. DWIGHT D. EISENHOWER MEMORIAL COMMIS2 SION. 

3 Section 8162 of the Department of Defense Appropria4 tions Act, 2000 (Public Law 106–79; 113 Stat. 1274) is 

5 amended— 

6 (1) by striking subsection (j) and inserting the 

7 following: 

8 ‘‘(j) POWERS OF THE COMMISSION.— 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) POWERS.—The Commission may— 

11 ‘‘(i) make such expenditures for serv12 ices and materials for the purpose of car13 rying out this section as the Commission 

14 considers advisable from funds appropriated 

15 or received as gifts for that purpose; 

16 ‘‘(ii) solicit and accept contributions to 

17 be used in carrying out this section or to be 

18 used in connection with the construction or 

19 other expenses of the memorial; 

20 ‘‘(iii) hold hearings and enter into con21 tracts; 

22 ‘‘(iv) enter into contracts for special23 ized or professional services as necessary to 

24 carry out this section; and 

25 ‘‘(v) take such actions as are necessary 

26 to carry out this section. 

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1 ‘‘(B) SPECIALIZED OR PROFESSIONAL SERV2 ICES.—Services under subparagraph (A)(iv) 

3 may be— 

4 ‘‘(i) obtained without regard to the 

5 provisions of title 5, United States Code, in6 cluding section 3109 of that title; and 

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

8 the provisions of title 5, United States Code, 

9 including chapter 51 and subchapter III of 

10 chapter 53 of that title. 

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

12 may accept gifts of real or personal property to be 

13 used in carrying out this section, including to be used 

14 in connection with the construction or other expenses 

15 of the memorial. 

16 ‘‘(3) FEDERAL COOPERATION.—At the request of 

17 the Commission, a Federal department or agency 

18 may provide any information or other assistance to 

19 the Commission that the head of the Federal depart20 ment or agency determines to be appropriate. 

21 ‘‘(4) POWERS OF MEMBERS AND AGENTS.— 

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

23 Commission, any member or agent of the Com24 mission may take any action that the Commis25 sion is authorized to take under this section. 

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

2 appoint an architect as an agent of the Commis3 sion to— 

4 ‘‘(i) represent the Commission on var5 ious governmental source selection and 

6 planning boards on the selection of the 

7 firms that will design and construct the me8 morial; and 

9 ‘‘(ii) perform other duties as des10 ignated by the Chairperson of the Commis11 sion. 

12 ‘‘(C) TREATMENT.—An authorized member 

13 or agent of the Commission (including an indi14 vidual appointed under subparagraph (B)) pro15 viding services to the Commission shall be con16 sidered an employee of the Federal Government 

17 in the performance of those services for the pur18 poses of chapter 171 of title 28, United States 

19 Code, relating to tort claims. 

20 ‘‘(5) TRAVEL.—Each member of the Commission 

21 shall be allowed travel expenses, including per diem 

22 in lieu of subsistence, at rates authorized for employ23 ees of agencies under subchapter I of chapter 57 of 

24 title 5, United States Code, while away from their 

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1 homes or regular places of business in the perform2 ance of services for the Commission.’’; 

3 (2) by redesignating subsection (o) as subsection 

4 (q); and 

5 (3) by adding after subsection (n) the following: 

6 ‘‘(o) STAFF AND SUPPORT SERVICES.— 

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

8 Executive Director appointed by the Commission to 

9 be paid at a rate not to exceed the maximum rate of 

10 basic pay for level IV of the Executive Schedule. 

11 ‘‘(2) STAFF.— 

12 ‘‘(A) IN GENERAL.—The staff of the Com13 mission may be appointed and terminated with14 out regard to the provisions of title 5, United 

15 States Code, governing appointments in the com16 petitive service, and may be paid without regard 

17 to the provisions of chapter 51 and subchapter 

18 III of chapter 53 of that title, relating to classi19 fication and General Schedule pay rates, except 

20 that an individual appointed under this para21 graph may not receive pay in excess of the max22 imum rate of basic pay for GS–15 of the General 

23 Schedule. 

24 ‘‘(B) SENIOR STAFF.—Notwithstanding sub25 paragraph (A), not more than 3 staff employees 

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1 of the Commission (in addition to the Executive 

2 Director) may be paid at a rate not to exceed the 

3 maximum rate of basic pay for level IV of the 

4 Executive Schedule. 

5 ‘‘(3) STAFF OF FEDERAL AGENCIES.—On request 

6 of the Commission, the head of any Federal depart7 ment or agency may detail any of the personnel of the 

8 department or agency to the Commission to assist the 

9 Commission to carry out its duties under this section. 

10 ‘‘(4) FEDERAL SUPPORT.—The Commission shall 

11 obtain administrative and support services from the 

12 General Services Administration on a reimbursable 

13 basis. The Commission may use all contracts, sched14 ules, and acquisition vehicles allowed to external cli15 ents through the General Services Administration. 

16 ‘‘(5) COOPERATIVE AGREEMENTS.—The Commis17 sion may enter into cooperative agreements with Fed18 eral agencies, State, local, tribal and international 

19 governments, and private interests and organizations 

20 which will further the goals and purposes of this sec21 tion. 

22 ‘‘(6) TEMPORARY, INTERMITTENT, AND PART23 TIME SERVICES.— 

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

25 obtain temporary, intermittent, and part-time 

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1 services under section 3109 of title 5, United 

2 States Code, at rates not to exceed the maximum 

3 annual rate of basic pay payable under section 

4 5376 of that title. 

5 ‘‘(B) NON-APPLICABILITY TO CERTAIN SERV6 ICES.—This paragraph shall not apply to serv7 ices under subsection (j)(1)(A)(iv). 

8 ‘‘(7) VOLUNTEER SERVICES.— 

9 ‘‘(A) IN GENERAL.—Notwithstanding sec10 tion 1342 of title 31, United States Code, the 

11 Commission may accept and utilize the services 

12 of volunteers serving without compensation. 

13 ‘‘(B) REIMBURSEMENT.—The Commission 

14 may reimburse such volunteers for local travel 

15 and office supplies, and for other travel expenses, 

16 including per diem in lieu of subsistence, as au17 thorized by section 5703 of title 5, United States 

18 Code. 

19 ‘‘(C) LIABILITY.— 

20 ‘‘(i) IN GENERAL.—Subject to clause 

21 (ii), a volunteer described in subparagraph 

22 (A) shall be considered to be a volunteer for 

23 purposes of the Volunteer Protection Act of 

24 1997 (42 U.S.C. 14501 et seq.). 

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1 ‘‘(ii) EXCEPTION.—Section 4(d) of the 

2 Volunteer Protection Act of 1997 (42 U.S.C. 

3 14503(d)) shall not apply for purposes of a 

4 claim against a volunteer described in sub5 paragraph (A). 

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

7 are authorized to be appropriated such sums as necessary 

8 to carry out this section.’’. 

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Union Calendar No. 246 

110TH CONGRESS 

1ST SESSION H. R. 2094 

[Report No. 110

–392] 

A BILL 

To provide for certain administrative and support 

Commission, and for other purposes. services for the Dwight D. Eisenhower Memorial 

OCTOBER 22, 2007 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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