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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. DWIGHT D. EISENHOWER MEMORIAL COMMIS-
SION. 
Section 8162 of the Department of Defense Appro-
priations Act, 2000 (Public Law 106–79; 113 Stat. 1274) 
is amended— 
(1) by striking subsection (j) and inserting the 
following: 
‘‘(j) POWERS OF THE COMMISSION.— 
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‘‘(1) IN GENERAL.— 
‘‘(A) POWERS.—The Commission may— 
‘‘(i) make such expenditures for serv-
ices and materials for the purpose of car-
rying out this section as the Commission 
considers advisable from funds appro-
priated or received as gifts for that pur-
pose; 
‘‘(ii) solicit and accept contributions 
to be used in carrying out this section or 
to be used in connection with the construc-
tion or other expenses of the memorial; 
‘‘(iii) hold hearings and enter into 
contracts; 
‘‘(iv) enter into contracts for special-
ized or professional services as necessary 
to carry out this section; and 
‘‘(v) take such actions as are nec-
essary to carry out this section. 
‘‘(B) 
SPECIALIZED
OR
PROFESSIONAL 
SERVICES.—Services 
under 
subparagraph 
(A)(iv) may be— 
‘‘(i) obtained without regard to the 
provisions of title 5, United States Code, 
including section 3109 of that title; and 
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‘‘(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 ex-
penses 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 depart-
ment 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 Com-
mission may take any action that the Commis-
sion is authorized to take under this section. 
‘‘(B) ARCHITECT.—The Commission may 
appoint an architect as an agent of the Com-
mission to— 
‘‘(i) represent the Commission on var-
ious governmental source selection and 
planning boards on the selection of the 
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firms that will design and construct the 
memorial; and 
‘‘(ii) perform other duties as des-
ignated by the Chairperson of the Commis-
sion. 
‘‘(C) TREATMENT.—An authorized mem-
ber 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 Govern-
ment 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 Commis-
sion 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 per-
formance of services for the Commission.’’; 
(2) by redesignating subsection (o) as sub-
section (q); and 
(3) by adding after subsection (n) the following: 
‘‘(o) STAFF AND SUPPORT SERVICES.— 
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‘‘(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 Com-
mission may be appointed and terminated with-
out 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 sub-
chapter III of chapter 53 of that title, relating 
to classification and General Schedule pay 
rates, except that an individual appointed 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 em-
ployees 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 re-
quest of the Commission, the head of any Federal 
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department or agency may detail any of the per-
sonnel of the department or agency to the Commis-
sion to assist the Commission 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 reim-
bursable basis. The Commission may use all con-
tracts, schedules, and acquisition vehicles allowed to 
external clients through the General Services Admin-
istration. 
‘‘(5) COOPERATIVE AGREEMENTS.—The Com-
mission may enter into cooperative agreements with 
Federal agencies, State, local, tribal and inter-
national governments, and private interests and or-
ganizations which will further the goals and pur-
poses 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 max-
imum annual rate of basic pay payable under 
section 5376 of that title. 
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‘‘(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 sec-
tion 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 ex-
penses, including per diem in lieu of subsist-
ence, 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 pur-
poses of a claim against a volunteer de-
scribed in subparagraph (A). 
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‘‘(p) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as necessary 
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 
services for the Dwight D. Eisenhower Memorial 
Commission, and for other purposes. 
OCTOBER 23, 2007 
Received; read twice and placed on the calendar 
VerDate Aug 31 2005 
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