110TH CONGRESS 

1ST SESSION H. R. 2094 

AN ACT 

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 Appro4 priations Act, 2000 (Public Law 106–79; 113 Stat. 1274) 

5 is 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 appro15 priated or received as gifts for that pur16 pose; 

17 ‘‘(ii) solicit and accept contributions 

18 to be used in carrying out this section or 

19 to be used in connection with the construc20 tion or other expenses of the memorial; 

21 ‘‘(iii) hold hearings and enter into 

22 contracts; 

23 ‘‘(iv) enter into contracts for special24 ized or professional services as necessary 

25 to carry out this section; and 
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1 ‘‘(v) take such actions as are nec2 essary to carry out this section. 

3 ‘‘(B) SPECIALIZED OR PROFESSIONAL

4 SERVICES.—Services under subparagraph 

5 (A)(iv) may be— 

6 ‘‘(i) obtained without regard to the 

7 provisions of title 5, United States Code, 

8 including section 3109 of that title; and 

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

10 the provisions of title 5, United States 

11 Code, including chapter 51 and subchapter 

12 III of chapter 53 of that title. 

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

14 may accept gifts of real or personal property to be 

15 used in carrying out this section, including to be 

16 used in connection with the construction or other ex17 penses of the memorial. 

18 ‘‘(3) FEDERAL COOPERATION.—At the request 

19 of the Commission, a Federal department or agency 

20 may provide any information or other assistance to 

21 the Commission that the head of the Federal depart22 ment or agency determines to be appropriate. 

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

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

25 Commission, any member or agent of the Com-
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1 mission may take any action that the Commis2 sion is authorized to take under this section. 

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

4 appoint an architect as an agent of the Com5 mission to— 

6 ‘‘(i) represent the Commission on var7 ious governmental source selection and 

8 planning boards on the selection of the 

9 firms that will design and construct the 

10 memorial; and 

11 ‘‘(ii) perform other duties as des12 ignated by the Chairperson of the Commis13 sion. 

14 ‘‘(C) TREATMENT.—An authorized mem15 ber or agent of the Commission (including an 

16 individual appointed under subparagraph (B)) 

17 providing services to the Commission shall be 

18 considered an employee of the Federal Govern19 ment in the performance of those services for 

20 the purposes of chapter 171 of title 28, United 

21 States Code, relating to tort claims. 

22 ‘‘(5) TRAVEL.—Each member of the Commis23 sion shall be allowed travel expenses, including per 

24 diem in lieu of subsistence, at rates authorized for 

25 employees of agencies under subchapter I of chapter 
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1 57 of title 5, United States Code, while away from 

2 their homes or regular places of business in the per3 formance of services for the Commission.’’; 

4 (2) by redesignating subsection (o) as sub5 section (q); and 

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

7 ‘‘(o) STAFF AND SUPPORT SERVICES.— 

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

9 Executive Director appointed by the Commission to 

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

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

12 ‘‘(2) STAFF.— 

13 ‘‘(A) IN GENERAL.—The staff of the Com14 mission may be appointed and terminated with15 out regard to the provisions of title 5, United 

16 States Code, governing appointments in the 

17 competitive service, and may be paid without 

18 regard to the provisions of chapter 51 and sub19 chapter III of chapter 53 of that title, relating 

20 to classification and General Schedule pay 

21 rates, except that an individual appointed under 

22 this paragraph may not receive pay in excess of 

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

24 the General Schedule. 
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1 ‘‘(B) SENIOR STAFF.—Notwithstanding 

2 subparagraph (A), not more than 3 staff em3 ployees of the Commission (in addition to the 

4 Executive Director) may be paid at a rate not 

5 to exceed the maximum rate of basic pay for 

6 level IV of the Executive Schedule. 

7 ‘‘(3) STAFF OF FEDERAL AGENCIES.—On re8 quest of the Commission, the head of any Federal 

9 department or agency may detail any of the per10 sonnel of the department or agency to the Commis11 sion to assist the Commission to carry out its duties 

12 under this section. 

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

14 shall obtain administrative and support services 

15 from the General Services Administration on a reim16 bursable basis. The Commission may use all con17 tracts, schedules, and acquisition vehicles allowed to 

18 external clients through the General Services Admin19 istration. 

20 ‘‘(5) COOPERATIVE AGREEMENTS.—The Com21 mission may enter into cooperative agreements with 

22 Federal agencies, State, local, tribal and inter23 national governments, and private interests and or24 ganizations which will further the goals and pur25 poses of this section. 
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1 ‘‘(6) TEMPORARY, INTERMITTENT, AND PART2 TIME SERVICES.— 

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

4 obtain temporary, intermittent, and part-time 

5 services under section 3109 of title 5, United 

6 States Code, at rates not to exceed the max7 imum annual rate of basic pay payable under 

8 section 5376 of that title. 

9 ‘‘(B) NON-APPLICABILITY TO CERTAIN

10 SERVICES.—This paragraph shall not apply to 

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

12 ‘‘(7) VOLUNTEER SERVICES.— 

13 ‘‘(A) IN GENERAL.—Notwithstanding sec14 tion 1342 of title 31, United States Code, the 

15 Commission may accept and utilize the services 

16 of volunteers serving without compensation. 

17 ‘‘(B) REIMBURSEMENT.—The Commission 

18 may reimburse such volunteers for local travel 

19 and office supplies, and for other travel ex20 penses, including per diem in lieu of subsist21 ence, as authorized by section 5703 of title 5, 

22 United States Code. 

23 ‘‘(C) LIABILITY.— 

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

25 (ii), a volunteer described in subparagraph 
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1 (A) shall be considered to be a volunteer 

2 for purposes of the Volunteer Protection 

3 Act of 1997 (42 U.S.C. 14501 et seq.). 

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

5 Volunteer Protection Act of 1997 (42 

6 U.S.C. 14503(d)) shall not apply for pur7 poses of a claim against a volunteer de8 scribed in subparagraph (A). 

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

10 are authorized to be appropriated such sums as necessary 

11 to carry out this section.’’. 

Passed the House of Representatives October 22, 

2007. 

Attest: 

Clerk. 

110TH CONGRESS 

1ST SESSION H. R. 2094 

AN ACT 

To provide for certain administrative and support 

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