[Congressional Record Volume 153, Number 45 (Thursday, March 15, 2007)]
[Senate]
[Pages S3202-S3203]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE (for himself, Mr. Stevens, Mr. Roberts, and Mr. 
        Hagel):
  S. 890. A bill to provide for certain administrative and support 
services for the Dwight D. Eisenhower Memorial Commission, and for 
other purposes; to the Committee on Energy and Natural Resources.
  Mr. INOUYE. Mr. President, the Eisenhower Memorial Commission was 
created by the U.S. Congress in 1999 as a bipartisan commission for the 
purpose of considering and formulating plans for the location, design 
and construction of a permanent memorial to President Dwight D. 
Eisenhower to perpetuate his memory and his contributions to the United 
States. Since being fully appointed in 2001, the Commission considered 
twenty-six different sites in the District of Columbia. In 2005, it 
selected a site between the Department of Education and the National 
Air and Space Museum, two institutions resulting from and greatly 
influenced by President Eisenhower's leadership.
  In 2006, Congress approved the memorial's location within Area I, in 
compliance with the Commemorative Works Act. The Commission secured 
full approval for the selected site following extensive review by the 
National Park Service, the National Capital Memorial Advisory 
Commission, the National Capital Planning Commission, and the 
Commission of Fine Arts. Since its inception, the Commission has also 
taken great care to study and analyze President Eisenhower's legacy. It 
produced a report by leading scholars and experts on President 
Eisenhower that provides a definitive statement on the transcending 
elements of President Eisenhower's enduring legacy. He ranks as one of 
the preeminent figures in the global history of the 20th century.
  The Eisenhower Memorial Commission now needs to move into the design 
phase. As design begins, the Commission's organization, specifically 
with regard to contracting and staffing, needs to be updated and 
revised to enable efficient management and responsible stewardship. The 
proposed legislation which I introduce today provides for the necessary 
reorganization. I am joined by Senators Stevens, Roberts, and Hagel as 
original cosponsors of the bill.
  The legislation enables the Commission to retain the services of 
full, part-time, and volunteer staff as government employees, without 
the restrictions of the competitive service requirements. It also 
provides the authority for the Commission's Executive Architect to 
manage technical and administrative aspects of design and construction. 
It provides for staff to be released on the completion of the memorial 
and enables the Commission to work in collaboration with federal 
agencies.
  President Eisenhower spent his entire life in public service. His 
extraordinary contributions include serving as Supreme Commander of the 
Allied Expeditionary Forces in World War II and as 34th President of 
the United States, but President Eisenhower also served as the first 
commander of NATO and as President of Columbia University. Dramatic 
changes occurred in America during his lifetime, many of which he 
participated in and influenced through his extraordinary leadership as 
President.
  Although President Eisenhower grew up before automobiles existed, he 
created the Interstate Highway System and took America into space. He 
created the National Aeronautics and Space Administration, the 
Department of Health, Education, and Welfare, and the Federal Aviation 
Administration. He added the State of Hawaii and the State of Alaska to 
the United States and ended the Korean War. President Eisenhower 
desegregated the District of Columbia and sent Federal troops into 
Little Rock, Arkansas, to enforce school integration. He defused 
international crises and inaugurated the national security policies 
that guided the nation for the next three decades, leading to the 
peaceful end of the Cold War.
  A career soldier, President Eisenhower championed peace, freedom, 
justice and security, and, as President, he stressed the 
interdependence of those goals. He spent a lifetime fulfilling his duty 
to his country, always remembering to ask: What is best for America?
  President Eisenhower once said, ``I know that the American people 
share my belief that if a danger exists in the world, it is a danger 
shared by all; and equally, that if hope exists in the mind of one 
nation, that hope should be shared by all.'' President Eisenhower's 
legacy provides hope to all of us--like him, through education and 
public service, we, as a nation and individually, can rise to meet any 
challenge. Accordingly, I urge my colleagues to support this 
legislation.
  I ask unanimous consent that the text of my bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 890

       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;
       ``(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.

[[Page S3203]]

       ``(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.
       ``(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.
       ``(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.
       ``(p) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as necessary to carry 
     out this section.''.
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