II Calendar No. 227 110th CONGRESS 1st Session S. 890 [Report No. 110–97] 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.

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;. (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

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. (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 (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. (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. (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— (i)chapter 81 of title 5, United States Code, relating to compensation for work-related injuries; (ii)chapter 171 of title 28, United States Code, relating to tort claims; and (iii)chapter 11 of title 18, United States Code, relating to conflicts of interest. (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. .

June 26, 2007 Reported with amendments