II 

110TH CONGRESS 

1ST SESSION S. 890 

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, and Mr. HAGEL) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

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, 

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: 


hsrobinson on PROD1PC76 with BILLS
2 

•S 890 IS

1 ‘‘(j) POWERS OF THE COMMISSION.— 

2 ‘‘(1) IN GENERAL.— 

3 ‘‘(A) POWERS.—The Commission may— 

4 ‘‘(i) make such expenditures for serv5 ices and materials for the purpose of car6 rying out this section as the Commission 

7 considers advisable from funds appro8 priated or received as gifts for that pur9 pose; 

10 ‘‘(ii) solicit and accept contributions 

11 to be used in carrying out this section or 

12 to be used in connection with the construc13 tion or other expenses of the memorial; 

14 ‘‘(iii) hold hearings and enter into 

15 contracts; 

16 ‘‘(iv) enter into contracts for special17 ized or professional services as necessary 

18 to carry out this section; and 

19 ‘‘(v) take such actions as are nec20 essary to carry out this section. 

21 ‘‘(B) SPECIALIZEDOR PROFESSIONAL

22 SERVICES.—Services under subparagraph 

23 (A)(iv) may be— 


hsrobinson on PROD1PC76 with BILLS
3 

•S 890 IS

1 ‘‘(i) obtained without regard to the 

2 provisions of title 5, United States Code, 

3 including section 3109 of that title; and 

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

5 the provisions of title 5, United States 

6 Code, including chapter 51 and subchapter 

7 III of chapter 53 of that title; 

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

9 may accept gifts of real or personal property to be 

10 used in carrying out this section, including to be 

11 used in connection with the construction or other ex12 penses of the memorial. 

13 ‘‘(3) FEDERAL COOPERATION.—To ensure the 

14 overall success of the efforts of the Commission, the 

15 Commission may call upon any Federal department 

16 or agency to assist in and give support to the Com17 mission. The head of each Federal department or 

18 agency shall furnish such information or assistance 

19 requested by the Commission, as appropriate, unless 

20 prohibited by law. 

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

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. 


hsrobinson on PROD1PC76 with BILLS
4 

•S 890 IS

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

2 appoint an architect as an agent of the Com3 mission 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 

8 memorial; and 

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

12 ‘‘(C) TREATMENT.—An authorized mem13 ber or agent of the Commission (including an 

14 individual appointed under subparagraph (B)) 

15 providing services to the Commission shall be 

16 considered an employee of the Federal Govern17 ment in the performance of those services for 

18 the purposes of chapter 171 of title 28, United 

19 States Code, relating to tort claims. 

20 ‘‘(5) TRAVEL.—Each member of the Commis21 sion shall be allowed travel expenses, including per 

22 diem in lieu of subsistence, at rates authorized for 

23 employees of agencies under subchapter I of chapter 

24 57 of title 5, United States Code, while away from 


hsrobinson on PROD1PC76 with BILLS
5 

•S 890 IS

1 their homes or regular places of business in the per2 formance of services for the Commission.’’; 

3 (2) by redesignating subsection (o) as sub4 section (q); and 

5 (3) by adding at the end 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 

10 of 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 

16 competitive service, and may be paid without 

17 regard to the provisions of chapter 51 and sub18 chapter III of chapter 53 of that title, relating 

19 to classification and General Schedule pay 

20 rates, except that an individual appointed under 

21 this paragraph may not receive pay in excess of 

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

23 the General Schedule. 

24 ‘‘(B) SENIOR STAFF.—Notwithstanding 

25 subparagraph (A), not more than 3 staff emVerDate Aug 31 2005 20:24 Mar 16, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S890.IS S890

hsrobinson on PROD1PC76 with BILLS
6 

•S 890 IS

1 ployees of the Commission (in addition to the 

2 Executive Director) may be paid at a rate not 

3 to exceed the maximum rate of basic pay for 

4 level IV of the Executive Schedule 

5 ‘‘(3) STAFF OF FEDERAL AGENCIES.—Upon re6 quest by the Chairperson of the Commission, the 

7 Vice-Chairperson, or the Executive Director, the 

8 head of any Federal department or agency may de9 tail, on a nonreimbursable basis, 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. 


hsrobinson on PROD1PC76 with BILLS
7 

•S 890 IS

1 ‘‘(6) TEMPORARY, INTERMITTENT, ANDPART2 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) TREATMENT.—A person providing 

24 volunteer services to the Commission shall be 

25 considered an employee of the Federal governVerDate Aug 31 2005 20:24 Mar 16, 2007 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S890.IS S890

hsrobinson on PROD1PC76 with BILLS
8 

•S 890 IS

1 ment in the performance of those services for 

2 the purposes of — 

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

4 States Code, relating to compensation for 

5 work-related injuries; 

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

7 States Code, relating to tort claims; and 

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

9 States Code, relating to conflicts of inter10 est. 

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

12 are authorized to be appropriated such sums as necessary 

13 to carry out this section.’’. 

Æ 


hsrobinson on PROD1PC76 with BILLS