II 

Calendar No. 436 

110TH CONGRESS 

1ST SESSION H. R. 2094 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 23, 2007 

Received; read twice and placed on the calendar 

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, 

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: 

10 ‘‘(j) POWERS OF THE COMMISSION.— 


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1 ‘‘(1) IN GENERAL.— 

2 ‘‘(A) POWERS.—The Commission may— 

3 ‘‘(i) make such expenditures for serv4 ices and materials for the purpose of car5 rying out this section as the Commission 

6 considers advisable from funds appro7 priated or received as gifts for that pur8 pose; 

9 ‘‘(ii) solicit and accept contributions 

10 to be used in carrying out this section or 

11 to be used in connection with the construc12 tion or other expenses of the memorial; 

13 ‘‘(iii) hold hearings and enter into 

14 contracts; 

15 ‘‘(iv) enter into contracts for special16 ized or professional services as necessary 

17 to carry out this section; and 

18 ‘‘(v) take such actions as are nec19 essary to carry out this section. 

20 ‘‘(B) SPECIALIZED OR PROFESSIONAL

21 SERVICES.—Services under subparagraph 

22 (A)(iv) may be— 

23 ‘‘(i) obtained without regard to the 

24 provisions of title 5, United States Code, 

25 including section 3109 of that title; and 


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

2 the provisions of title 5, United States 

3 Code, including chapter 51 and subchapter 

4 III of chapter 53 of that title. 

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

6 may accept gifts of real or personal property to be 

7 used in carrying out this section, including to be 

8 used in connection with the construction or other ex9 penses of the memorial. 

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

11 of the Commission, a Federal department or agency 

12 may provide any information or other assistance to 

13 the Commission that the head of the Federal depart14 ment or agency determines to be appropriate. 

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

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

17 Commission, any member or agent of the Com18 mission may take any action that the Commis19 sion is authorized to take under this section. 

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

21 appoint an architect as an agent of the Com22 mission to— 

23 ‘‘(i) represent the Commission on var24 ious governmental source selection and 

25 planning boards on the selection of the 


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1 firms that will design and construct the 

2 memorial; and 

3 ‘‘(ii) perform other duties as des4 ignated by the Chairperson of the Commis5 sion. 

6 ‘‘(C) TREATMENT.—An authorized mem7 ber or agent of the Commission (including an 

8 individual appointed under subparagraph (B)) 

9 providing services to the Commission shall be 

10 considered an employee of the Federal Govern11 ment in the performance of those services for 

12 the purposes of chapter 171 of title 28, United 

13 States Code, relating to tort claims. 

14 ‘‘(5) TRAVEL.—Each member of the Commis15 sion shall be allowed travel expenses, including per 

16 diem in lieu of subsistence, at rates authorized for 

17 employees of agencies under subchapter I of chapter 

18 57 of title 5, United States Code, while away from 

19 their homes or regular places of business in the per20 formance of services for the Commission.’’; 

21 (2) by redesignating subsection (o) as sub22 section (q); and 

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

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


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

2 Executive Director appointed by the Commission to 

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

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

5 ‘‘(2) STAFF.— 

6 ‘‘(A) IN GENERAL.—The staff of the Com7 mission may be appointed and terminated with8 out regard to the provisions of title 5, United 

9 States Code, governing appointments in the 

10 competitive service, and may be paid without 

11 regard to the provisions of chapter 51 and sub12 chapter III of chapter 53 of that title, relating 

13 to classification and General Schedule pay 

14 rates, except that an individual appointed under 

15 this paragraph may not receive pay in excess of 

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

17 the General Schedule. 

18 ‘‘(B) SENIOR STAFF.—Notwithstanding 

19 subparagraph (A), not more than 3 staff em20 ployees of the Commission (in addition to the 

21 Executive Director) may be paid at a rate not 

22 to exceed the maximum rate of basic pay for 

23 level IV of the Executive Schedule. 

24 ‘‘(3) STAFF OF FEDERAL AGENCIES.—On re25 quest of the Commission, the head of any Federal 


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1 department or agency may detail any of the per2 sonnel of the department or agency to the Commis3 sion to assist the Commission to carry out its duties 

4 under this section. 

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

6 shall obtain administrative and support services 

7 from the General Services Administration on a reim8 bursable basis. The Commission may use all con9 tracts, schedules, and acquisition vehicles allowed to 

10 external clients through the General Services Admin11 istration. 

12 ‘‘(5) COOPERATIVE AGREEMENTS.—The Com13 mission may enter into cooperative agreements with 

14 Federal agencies, State, local, tribal and inter15 national governments, and private interests and or16 ganizations which will further the goals and pur17 poses of this section. 

18 ‘‘(6) TEMPORARY, INTERMITTENT, AND PART19 TIME SERVICES.— 

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

21 obtain temporary, intermittent, and part-time 

22 services under section 3109 of title 5, United 

23 States Code, at rates not to exceed the max24 imum annual rate of basic pay payable under 

25 section 5376 of that title. 


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1 ‘‘(B) NON-APPLICABILITY TO CERTAIN

2 SERVICES.—This paragraph shall not apply to 

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

4 ‘‘(7) VOLUNTEER SERVICES.— 

5 ‘‘(A) IN GENERAL.—Notwithstanding sec6 tion 1342 of title 31, United States Code, the 

7 Commission may accept and utilize the services 

8 of volunteers serving without compensation. 

9 ‘‘(B) REIMBURSEMENT.—The Commission 

10 may reimburse such volunteers for local travel 

11 and office supplies, and for other travel ex12 penses, including per diem in lieu of subsist13 ence, as authorized by section 5703 of title 5, 

14 United States Code. 

15 ‘‘(C) LIABILITY.— 

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

17 (ii), a volunteer described in subparagraph 

18 (A) shall be considered to be a volunteer 

19 for purposes of the Volunteer Protection 

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

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

22 Volunteer Protection Act of 1997 (42 

23 U.S.C. 14503(d)) shall not apply for pur24 poses of a claim against a volunteer de25 scribed in subparagraph (A). 


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

2 are authorized to be appropriated such sums as necessary 

3 to carry out this section.’’. 

Passed the House of Representatives October 22, 

2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 436 

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 

OCTOBER 23, 2007 

Received; read twice and placed on the calendar 


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