II 

Calendar No. 227 

110TH CONGRESS 

1ST SESSION S. 890 

[Report No. 110–97] 

To provide for certain administrative and support services for the Dwight 

D. Eisenhower Memorial Commission, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2007 

Mr. INOUYE (for himself, Mr. STEVENS, Mr. ROBERTS, Mr. HAGEL, Mr. 

REED, and Mr. BROWNBACK) introduced the following bill; which was 

read twice and referred to the Committee on Energy and Natural Resources 

JUNE 26, 2007 

Reported by Mr. BINGAMAN, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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 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) SPECIALIZEDOR 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.—To ensure the 

19 overall success of the efforts of the Commission, the 

20 Commission may call upon any Federal department 

21 or agency to assist in and give support to the Com22 mission. The head of each Federal department or 

23 agency shall furnish such information or assistance 

24 requested by the Commission, as appropriate, unless 

25 prohibited by law. 


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

2 the Commission, a Federal department or agency 

3 may provide any information or other assistance to 

4 the Commission that the head of the Federal depart5 ment or agency determines to be appropriate. 

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

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

8 Commission, any member or agent of the Com9 mission may take any action that the Commis10 sion is authorized to take under this section. 

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

12 appoint an architect as an agent of the Com13 mission to— 

14 ‘‘(i) represent the Commission on var15 ious governmental source selection and 

16 planning boards on the selection of the 

17 firms that will design and construct the 

18 memorial; and 

19 ‘‘(ii) perform other duties as des20 ignated by the Chairperson of the Commis21 sion. 

22 ‘‘(C) TREATMENT.—An authorized mem23 ber or agent of the Commission (including an 

24 individual appointed under subparagraph (B)) 

25 providing services to the Commission shall be 


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1 considered an employee of the Federal Govern2 ment in the performance of those services for 

3 the purposes of chapter 171 of title 28, United 

4 States Code, relating to tort claims. 

5 ‘‘(5) TRAVEL.—Each member of the Commis6 sion shall be allowed travel expenses, including per 

7 diem in lieu of subsistence, at rates authorized for 

8 employees of agencies under subchapter I of chapter 

9 57 of title 5, United States Code, while away from 

10 their homes or regular places of business in the per11 formance of services for the Commission.’’; 

12 (2) by redesignating subsection (o) as sub13 section (q); and 

14 (3) by adding at the end the following: 

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

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

17 Executive Director appointed by the Commission to 

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

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

20 ‘‘(2) STAFF.— 

21 ‘‘(A) IN GENERAL.—The staff of the Com22 mission may be appointed and terminated with23 out regard to the provisions of title 5, United 

24 States Code, governing appointments in the 

25 competitive service, and may be paid without 


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1 regard to the provisions of chapter 51 and sub2 chapter III of chapter 53 of that title, relating 

3 to classification and General Schedule pay 

4 rates, except that an individual appointed under 

5 this paragraph may not receive pay in excess of 

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

7 the General Schedule. 

8 ‘‘(B) SENIOR STAFF.—Notwithstanding 

9 subparagraph (A), not more than 3 staff em10 ployees of the Commission (in addition to the 

11 Executive Director) may be paid at a rate not 

12 to exceed the maximum rate of basic pay for 

13 level IV of the Executive Schedule 

14 ‘‘(3) STAFF OF FEDERAL AGENCIES.—Upon re15 quest by the Chairperson of the Commission, the 

16 Vice-Chairperson, or the Executive Director, the 

17 head of any Federal department or agency may de18 tail, on a nonreimbursable basis, any of the per19 sonnel of the department or agency to the Commis20 sion to assist the Commission to carry out its duties 

21 under this section. 

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

23 of the Commission, the head of any Federal depart24 ment or agency may detail any of the personnel of the 


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1 department or agency to the Commission to assist the 

2 Commission to carry out its duties under this section. 

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

4 shall obtain administrative and support services 

5 from the General Services Administration on a reim6 bursable basis. The Commission may use all con7 tracts, schedules, and acquisition vehicles allowed to 

8 external clients through the General Services Admin9 istration. 

10 ‘‘(5) COOPERATIVE AGREEMENTS.—The Com11 mission may enter into cooperative agreements with 

12 Federal agencies, State, local, tribal and inter13 national governments, and private interests and or14 ganizations which will further the goals and pur15 poses of this section. 

16 ‘‘(6) TEMPORARY, INTERMITTENT, ANDPART17 TIME SERVICES.— 

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

19 obtain temporary, intermittent, and part-time 

20 services under section 3109 of title 5, United 

21 States Code, at rates not to exceed the max22 imum annual rate of basic pay payable under 

23 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) TREATMENT.—A person providing 

16 volunteer services to the Commission shall be 

17 considered an employee of the Federal govern18 ment in the performance of those services for 

19 the purposes of— 

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

21 States Code, relating to compensation for 

22 work-related injuries; 

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

24 States Code, relating to tort claims; and 


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

2 States Code, relating to conflicts of inter3 est. 

4 ‘‘(C) LIABILITY.— 

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

6 (ii), a volunteer described in subparagraph 

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

8 purposes of the Volunteer Protection Act of 

9 1997 (42 U.S.C. 14501 et seq.). 

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

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

12 14503(d)) shall not apply for purposes of a 

13 claim against a volunteer described in sub14 paragraph (A). 

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

16 are authorized to be appropriated such sums as necessary 

17 to carry out this section.’’. 


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Calendar No. 227 

110TH CONGRESS 

1ST SESSION S. 890 

[Report No. 110

–97] 

A BILL 

To provide for certain administrative and support 

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

JUNE 26, 2007 

Reported with amendments 


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