[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 890 Reported in Senate (RS)]






                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DWIGHT D. EISENHOWER MEMORIAL COMMISSION.

    Section 8162 of the Department of Defense Appropriations 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.--
            ``(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--
                            ``(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<DELETED>;</DELETED> .
            ``(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.
        <DELETED>    ``(3) Federal cooperation.--To ensure the overall 
        success of the efforts of the Commission, the Commission may 
        call upon any Federal department or agency to assist in and 
        give support to the Commission. The head of each Federal 
        department or agency shall furnish such information or 
        assistance requested by the Commission, as appropriate, unless 
        prohibited by law.</DELETED>
            ``(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.'';
            (2) by redesignating subsection (o) as subsection (q); and
            (3) by adding at the end the following:
    ``(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 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
        <DELETED>    ``(3) Staff of federal agencies.--Upon request by 
        the Chairperson of the Commission, the Vice-Chairperson, or the 
        Executive Director, the head of any Federal department or 
        agency may detail, on a nonreimbursable basis, any of the 
        personnel of the department or agency to the Commission to 
        assist the Commission to carry out its duties under this 
        section.</DELETED>
            ``(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 the 
        Commission 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 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.
                <DELETED>    ``(C) Treatment.--A person providing 
                volunteer services to the Commission shall be 
                considered an employee of the Federal government in the 
                performance of those services for the purposes of--
                </DELETED>
                        <DELETED>    ``(i) chapter 81 of title 5, 
                        United States Code, relating to compensation 
                        for work-related injuries;</DELETED>
                        <DELETED>    ``(ii) chapter 171 of title 28, 
                        United States Code, relating to tort claims; 
                        and</DELETED>
                        <DELETED>    ``(iii) chapter 11 of title 18, 
                        United States Code, relating to conflicts of 
                        interest.</DELETED>
                    ``(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.''.
                                                       Calendar No. 227

110th CONGRESS

  1st Session

                                 S. 890

                          [Report No. 110-97]

_______________________________________________________________________

                                 A BILL

  To provide for certain administrative and support services for the 
   Dwight D. Eisenhower Memorial Commission, and for other purposes.

_______________________________________________________________________

                             June 26, 2007

                        Reported with amendments