59–010 

Calendar No. 227 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–97 

DWIGHT D. EISENHOWER MEMORIAL COMMISSION 

JUNE 26, 2007.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 890] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 890) to provide for certain administrative and 

support services for the Dwight D. Eisenhower Memorial Commission, and for other purposes, having considered the same, reports 

favorably thereon with amendments and recommends that the bill, 

as amended, do pass. 

The amendments are as follows: 

1. On page 3, line 7, strike the semicolon and insert a 

period. 

2. On page 3, strike lines 13 through 20 and insert the 

following: 

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

Commission, a Federal department or agency may provide any information or other assistance to the Commission that the head of the Federal department or 

agency determines to be appropriate. 

3. On page 6, strike lines 5 through 7 and insert the following: 

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

Commission, the 

4. On page 6, line 9, strike ‘‘, on a nonreimbursable 

basis,’’. 

5. Beginning on page 7, strike line 23 and all that follows through page 8, line 10, and insert the following: 

‘‘(C) LIABILITY.— 

‘‘(i) IN GENERAL.—Subject to clause (ii), a 

volunteer described in subparagraph (A) shall 

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2 

be considered to be a volunteer for purposes of 

the Volunteer Protection Act of 1997 (42 

U.S.C. 14501 et seq.). ‘‘(ii) EXCEPTION.—Section 4(d) of the Volunteer Protection Act of 1997 (42 U.S.C. 

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

claim against a volunteer described in subparagraph (A).’’. 

PURPOSE OF THE MEASURE

The purpose of S. 890 is to amend the enabling legislation for the 

Dwight D. Eisenhower Memorial Commission to provide for certain 

administrative and support services for the commission. 

BACKGROUND AND NEED

The Dwight D. Eisenhower Memorial Commission is a congressional commission established by section 8162 of Public Law 106– 79 on October 25, 1999. S. 890 would amend section 8162 to update 

the powers of the Commission and provide additional staff and support services to assist the Commission in performing its duties and 

responsibilities. The bill would require the General Services Administration to provide administrative services on a reimbursable 

basis. It also would allow the Commission to use all contracts, 

schedules, and acquisition vehicles allowed to external clients 

through the GSA. 

In January 2002, the Commission’s authorization was amended 

by Public Law 107–117 to require that the memorial to Dwight D. 

Eisenhower be established pursuant to the provisions of the Commemorative Works Act. Public Law 109–220, enacted in May 2006, 

authorized the memorial to be constructed on a site within Area I 

(the monumental core area) as a work of ‘‘preeminent historical 

and lasting significance to the Nation,’’ the standard set forth in 

the Commemorative Works Act. As a result of a study completed 

in 2006, the National Park Service, the Commission of Fine Arts 

and the National Capital Planning Commission have all approved 

a site south of Independence Avenue near its intersection with 

Maryland Avenue, which was identified in the Memorials and Museums Master Plan as a prime candidate site suitable for a presidential memorial. The next step is for the Commission to select a 

design concept in accordance with guidance contained in the site 

approval and to submit it for review by the Secretary of the Interior, the Commission of Fine Arts and the National Capital Planning Commission. 

According to the Commission, its staff organization and administrative authority need to be adjusted in order to address the design 

and construction needs of the memorial. Currently the Commission 

utilizes contracted specialists and part-time employees. S. 890 will 

allow the Commission to hire temporary Federal employees to help 

it carry out its mission. 

LEGISLATIVE HISTORY

S. 890 was introduced by Senators Inouye, Stevens, Roberts, and 

Hagel on March 15, 2007. The Subcommittee on National Parks 

held a hearing on the bill on April 26, 2007. At its business meetmstockstill on PROD1PC66 with REPORTS

3 

ing on May 23, the Committee on Energy and Natural Resources 

ordered S. 890 to be reported with amendments. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in an 

open business session on May 27, 2007, by a unanimous voice vote 

of a quorum present, recommends that the Senate pass S. 890, if 

amended as described herein. 

COMMITTEE AMENDMENTS

During its consideration of S. 890, the Committee adopted several clarifying and conforming amendments. Amendments #1 and 

#2 clarify that the head of Federal departments or agencies retain 

discretion to provide assistance to the Commission that the head 

of the department or agency determines to be appropriate. 

Amendments #3 and #4 provide that upon request of the Commission, Federal departments or agencies may detail personnel to 

the Commission. As introduced, S. 890 required that the personnel 

be detailed on a non-reimbursable basis; the amendment will allow 

the Commission and the department or agency to address this 

issue on a case-by-case basis. 

Amendment #5 incorporates volunteer liability language recommended to the Committee by the Department of Justice. 

SECTION-BY-SECTION ANALYSIS

Section 1 amends section 8162 of Public Law 106–79, the Department of Defense Appropriations Act, 2000, to amend the authority 

for the Dwight D. Eisenhower Memorial Commission. 

The section amends subsection (j) of section 8162 to expand the 

Commission’s powers. The Commission would be authorized to 

enter into contracts for specialized or professional services, as necessary. The Commission would also be authorized to obtain information or other assistance from Federal departments or agencies, 

at the discretion of the head of the department or agency. The revised subsection also authorizes the Commission to appoint an architect as an agent of the Commission and to perform other duties 

as designated by the Chairman of the Commission. 

The section adds a new subsection (o) to section 8162, pertaining 

to staff and support services. The Commission is authorized to appoint an Executive Director and to hire staff without regard to Federal Civil Service laws. The Commission would also be authorized 

to have personnel detailed from Federal departments or agencies. 

The subsection also authorizes the Commission to obtain administrative and support services from the General Services Administration and to enter into cooperative agreements with appropriate governmental and private entities. Finally, the subsection authorizes 

the Commission to utilize volunteers and clarifies that the provisions of the Volunteer Protection Act of 1997 (42 U.S.C. 14501 et 

seq.) shall generally apply for purposes of tort liability. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the cost of this measure has been provided by the Congressional Budget Office: 

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JUNE 14, 2007. 

Hon. JEFF BINGAMAN, 

Chairman, Committee on Energy and Natural Resources, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed revised cost estimate for S. 890, a bill to provide 

for certain administrative and support services for the Dwight D. 

Eisenhower Memorial Commission. Our previous estimate for S. 

890, dated June 6, 2007, inadvertently stated that implementing 

the bill would cost $10 million annually over the next five years 

rather than $10 million (in total) over the next five years. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

S. 890—A bill to provide for certain administrative and support 

services for the Dwight D. Eisenhower Memorial Commission 

Summary: S. 890 would expand the authorities of the Dwight D. 

Eisenhower Memorial Commission and would authorize the appropriation of whatever amounts are necessary to carry out its mission. The Commission was established in 1999 to develop a plan for 

a memorial to Dwight D. Eisenhower. 

Assuming appropriation of the necessary amounts, CBO esti- mates that the Commission would spend about $2 million a year 

the next five years to carry out its responsibilities. This amount 

would be used primarily to hire and compensate administrative 

staff, who would manage the design of the memorial. Enacting S. 

890 would not affect direct spending or revenues. 

S. 890 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA) and 

would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 890 is shown in the following table. The costs 

of this legislation fall within budget function 800 (general government). 

By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................................... 2 2 2 2 2 

Estimated Outlays ......................................................................................... 2 2 2 2 2 

Basis of estimate: The new authorities provided by S. 890 would 

allow the commission to directly hire administrative staff to manage the design process of the memorial over the next several years. 

At present, the commission staff consists of four full-time contractors hired by GSA and funded with periodic grants from the Department of Defense. (The most recent of these, for $1.7 million, 

was appropriated for 2006.) Under S. 890, the existing staff would 

be expanded and would become temporary federal employees rather than GSA contractors. Based on information provided by the 

commission and assuming appropriation of the necessary amounts, 

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CBO estimates that this entity would spend about $2 million annually over the next five years for staff compensation, commissioner 

expenses, and other operating costs. S. 890 does not address the design and construction of the memorial, and the bill’s enactment 

would not affect these activities. Under existing law, expenses for 

those purposes will be paid from amounts deposited to the memorial fund created by Public Law 107–117, which also authorized 

construction of the memorial on federal land. 

Intergovernmental and private-sector impact: S. 890 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

Previous CBO estimate: On June 6, 2007, CBO transmitted a 

cost estimate for S. 890 as ordered reported by the Senate Committee on Energy and Natural Resources on May 23, 2007. That estimate inadvertently stated that implementing the bill would cost 

$10 million annually over the next five years rather than $10 million in total over that period. 

Estimate prepared by: Federal Costs: Deborah Reis; Impact on 

State, Local, and Tribal Governments: Leo Lex; Impact on the Private Sector: Jacob Kuipers. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 890. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 890, as ordered reported. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the National Park Service at the April 

26, 2007 hearing of the Subcommittee on National Parks on S. 890 

follows: 

STATEMENT OF DANIEL N. WENK, DEPUTY DIRECTOR, 

NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman and members of the subcommittee, thank 

you for the opportunity to appear before you today to 

present the Department of the Interior’s views on S. 890, 

a bill to provide for certain administrative and support 

services for the Dwight D. Eisenhower Memorial Commission. 

The Department has no position on S. 890 as it involves 

providing administrative and support services for an established congressional commission by the General Services 

Administration (GSA) rather than the Department of the 

Interior. We understand that the Department of Justice 

may have concerns with certain provisions on volunteer 

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6 

services in S. 890 that could significantly expand the potential for Federal tort liability and will advise the Committee of those concerns in the near future. 

The Dwight D. Eisenhower Memorial Commission (Commission) is a congressional commission established by Section 8162 of Public Law 106–79 on October 25, 1999. S. 

890 would amend Section 8162 to update the powers of the 

Commission and provide additional staff and support services to assist the Commission in performing its duties and 

responsibilities. The bill would require the GSA to provide 

administrative services on a reimbursable basis. It also 

would allow the Commission to use all contracts, schedules, and acquisition vehicles allowed to external clients 

through the GSA. 

In January 2002, the Commission’s authorization was 

amended by Public Law 107–117 to require that the memorial to Dwight D. Eisenhower be established pursuant 

to the provisions of the Commemorative Works Act. Public 

Law 109–220, enacted in May 2006, authorized the memorial to be constructed on a site within Area I as Dwight D. 

Eisenhower is deemed to be of ‘‘preeminent historical and 

lasting significance to the Nation.’’ As a result of an alternative site study completed in 2006, the National Park 

Service, the Commission of Fine Arts and the National 

Capital Planning Commission have all approved a site 

south of Independence Avenue near its intersection with 

Maryland Avenue, which was identified in the Memorials 

and Museums Master Plan as Prime Candidate Site suitable for a presidential memorial. The next step is for the 

Commission to select a design concept in accordance with 

guidance contained in the site approval and to submit it 

for review by the Secretary of the Interior, the Commission 

of Fine Arts and the National Capital Planning Commission. 

During his term, President Eisenhower created the National Interstate Highway System, which remains a critical component of U.S. infrastructure today. Eisenhower 

also is credited with proposing and signing into law the 

Civil Rights Acts of 1957 and 1960, and striving to make 

the District of Columbia a model for the nation in racially 

integrating public schools. He created the precedent for the 

proposed National Parks Centennial Initiative by initiating 

a comprehensive ten-year program, Mission 66, to restore 

and improve National Parks to meet the needs of a public 

increasingly interested in the great outdoors. 

The Department supports the work of the Commission 

and is willing to assist them throughout the process of establishing an appropriate permanent memorial to Dwight 

D. Eisenhower, the 34th President of the United States. 

That concludes my testimony, I would be glad to answer 

any questions that you or other members of the subcommittee may have. 

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CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

890, as ordered reported, are shown as follows: (existing law proposed to be omitted is enclosed in black brackets, new matter is 

printed in italic, existing law in which no change is proposed is 

shown in roman): 

AN ACT Making appropriations for the Department of Defense for the fiscal year 

ending September 30, 2000, and for other purposes 

(Public Law 106–79—Approved October 25, 1999) 

* * * * * * * 

SEC. 8162. DWIGHT D. EISENHOWER MEMORIAL. 

(a) FINDINGS.—Congress finds that—

(1) the people of the United States feel a deep debt of gratitude to Dwight D. Eisenhower, who served as Supreme Commander of the Allied Forces in Europe in World War II and 

subsequently as 34th President of the United States; and 

(2) an appropriate permanent memorial to Dwight D. Eisenhower should be created to perpetuate his memory and his contributions to the United States. 

* * * * * * * 

ø(j) POWERS.—The Commission may—

(1) make such expenditures for services and materials for the 

purpose of carrying out this section as the Commission considers advisable from funds appropriated or received as gifts 

for that purpose; 

(2) solicit and accept contributions to be used in carrying out 

this section or to be used in connection with the construction 

or other expenses of the memorial; and 

(3) hold hearings, enter into contracts for personal services 

and otherwise, and do such other things as are necessary to 

carry out this section.¿ 

(j) POWERS OF THE COMMISSION.—

(1) IN GENERAL.—

(A) POWERS.—The Commission may—

(i) make such expenditures for services and materials 

for the purpose of carrying out this section as the Commission considers advisable from funds appropriated 

or received as gifts for that purpose; 

(ii) solicit and accept contributions to be used in carrying out this section or to be used in connection with 

the construction or other expenses of the memorial; 

(iii) hold hearings and enter into contracts; 

(iv) enter into contracts for specialized or professional services as necessary to carry out this section; 

and 

(v) take such actions as are necessary to carry out 

this section. 

(B) SPECIALIZED OR PROFESSIONAL SERVICES.—Services 

under subparagraph (A)(iv) may be—

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(i) obtained without regard to the provisions of title 

5, United States Code, including section 3109 of that 

title; and 

(ii) may be paid without regard to the provisions of 

title 5, United States Code, including chapter 51 and 

subchapter III of chapter 53 of that title; 

(2) GIFTS OF PROPERTY.—The Commission may accept gifts of 

real or personal property to be used in carrying out this section, 

including to be used in connection with the construction or 

other expenses of the memorial. 

(3) FEDERAL COOPERATION.—At the request of the Commission, a Federal department or agency may provide any information or other assistance to the Commission that the head of the 

Federal department or agency determines to be appropriate. 

(4) POWERS OF MEMBERS AND AGENTS.—

(A) IN GENERAL.—If authorized by the Commission, any 

member or agent of the Commission may take any action 

that the Commission is authorized to take under this section. 

(B) ARCHITECT.—The Commission may appoint an architect as an agent of the Commission to—(i) represent the 

Commission on various governmental source selection and 

planning boards on the selection of the firms that will design and construct the memorial; and 

(ii) perform other duties as designated by the Chairperson of the Commission. 

(C) TREATMENT.—An authorized member or agent of the 

Commission (including an individual appointed under subparagraph (B)) providing services to the Commission shall 

be considered an employee of the Federal Government in 

the performance of those services for the purposes of chapter 

171 of title 28, United States Code, relating to tort claims. 

(5) TRAVEL.—Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, 

at rates authorized for employees of agencies under subchapter 

I of chapter 57 of title 5, United States Code, while away from 

their homes or regular places of business in the performance of 

services for the Commission. 

* * * * * * * 

ø(o)¿ (q) AUTHORITY TO ESTABLISH MEMORIAL.—

* * * * * * * 

(o) STAFF AND SUPPORT SERVICES.—

(1) EXECUTIVE DIRECTOR.—There shall be an Executive Director appointed by the Commission to be paid at a rate not to exceed the maximum rate of basic pay for level IV of the Executive 

Schedule. 

(2) STAFF.—

(A) IN GENERAL.—The staff of the Commission may be 

appointed and terminated without regard to the provisions 

of title 5, United States Code, governing appointments in 

the competitive service, and may be paid without regard to 

the provisions of chapter 51 and subchapter III of chapter 

53 of that title, relating to classification and General 

Schedule pay rates, except that an individual appointed 

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under this paragraph may not receive pay in excess of the 

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

Schedule. 

(B) SENIOR STAFF.—Notwithstanding subparagraph (A), 

not more than 3 staff employees of the Commission (in addition to the Executive Director) may be paid at a rate not 

to exceed the maximum rate of basic pay for level IV of the 

Executive Schedule. 

(3) STAFF OF FEDERAL AGENCIES.—On request of the Commission, the head of any Federal department or agency may detail 

any of the personnel of the department or agency to carry out 

its duties under this section. 

(4) FEDERAL SUPPORT.—The Commission shall obtain administrative and support services from the General Services Administration on a reimbursable basis. The Commission may use all 

contracts, schedules, and acquisition vehicles allowed to external clients through the General Services Administration. 

(5) COOPERATIVE AGREEMENTS.—The Commission may enter 

into cooperative agreements with Federal agencies, State, local, 

tribal and international governments, and private interests and 

organizations which will further the goals and purposes of this 

section. 

(6) TEMPORARY, INTERMITTENT, AND PART-TIME SERVICES.—

(A) IN GENERAL.—The Commission may obtain temporary, intermittent, and part-time services under section 

3109 of title 5, United States Code, at rates not to exceed 

the maximum annual rate of basic pay payable under section 5376 of that title. 

(B) NON-APPLICABILITY TO CERTAIN SERVICES.—This 

paragraph shall not apply to services under subsection 

(j)(1)(A)(iv). 

(7) VOLUNTEER SERVICES.—

(A) IN GENERAL.—Notwithstanding section 1342 of title 

31, United States Code, the Commission may accept and 

utilize the services of volunteers serving without compensation. 

(B) REIMBURSEMENT.—The Commission may reimburse 

such volunteers for local travel and office supplies, and for 

other travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States 

Code. 

(C) LIABILITY.—

(i) IN GENERAL.—Subject to clause (ii), a volunteer 

described in subparagraph (A) shall be considered to 

be a volunteer for purposes of the Volunteer Protection 

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

(ii) EXCEPTION.—Section 4(d) of the Volunteer Protection Act of 1997 (42 U.S.C. 14503(d)) shall not apply 

for purposes of a claim against a volunteer described 

in subparagraph (A). 

(p) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated such sums as necessary to carry out this section. 

Æ 

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