[Congressional Record Volume 153, Number 160 (Monday, October 22, 2007)]
[House]
[Pages H11787-H11789]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DWIGHT D. EISENHOWER MEMORIAL COMMISSION
Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2094) to provide for certain administrative and support
services for the Dwight D. Eisenhower Memorial Commission, and for
other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2094
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.
[[Page H11788]]
``(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.--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 after subsection (n) 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.--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) 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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona (Mr. Grijalva) and the gentleman from Texas (Mr. Gohmert) each
will control 20 minutes.
The Chair recognizes the gentleman from Arizona.
General Leave
Mr. GRIJALVA. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. GRIJALVA. Mr. Speaker, there's no doubt that Dwight Eisenhower
played a significant role in American history. His service as a
military leader, both during war and in peacetime, as our Nation's 34th
President and as a statesman and a scholar are deserving of a memorial
here in our Nation's capital.
Plans to establish such a memorial, a site across the street from the
Smithsonian Air and Space Museum, are well underway. The commission
established to oversee the memorial is now developing a design concept.
Once the design is approved, the commission will oversee construction
of the memorial.
H.R. 2094, sponsored by our colleague from Kansas, Representative
Dennis Moore, makes technical changes to the staff organization and
administrative authority of the commission. These changes are necessary
as the commission transitions from the planning phase to the
construction phase.
Representative Moore has worked very hard in this very difficult
process to help get this memorial established. Thanks to his efforts,
and those of the commission, future visitors to Washington will come
away with a better understanding of President Eisenhower's place in
American history.
Mr. Speaker, I reserve the balance of my time.
Mr. GOHMERT. Mr. Speaker, I believe the bill has been properly
explained.
I would like to add a personal touch as a Member of Congress from
Texas. We are proud that a Texan like Dwight Eisenhower is being
honored. Not many people are aware, since he grew up in Kansas, that he
was born in Denison, Texas, but there was so much about this great man
to be admired. It is a wonderful tribute, and of course, as chairman of
the National Parks Subcommittee has indicated, this is not the
beginning of the process. This is continuing the ongoing process to
make this a reality.
So we are very pleased that it's occurring. Of course, from a
personal standpoint, I like the fact that he was a Republican and
especially liked his hairline, but especially what he did for this
Nation and shoring us up, protecting us in World War II, guiding this
Nation as its President. This is a wonderful tribute, and I appreciate
the work of the chairman in bringing this about.
Mr. Speaker, I yield back the balance of my time.
Mr. GRIJALVA. Mr. Speaker, let me indicate at this time that
Representative Moore, the sponsor of the legislation, is in his
district and will have a statement to submit for the Record.
Mr. MOORE of Kansas. Mr. Speaker, I rise today in support of a bill
that I sponsored with Representatives Jerry Moran, Todd Tiahrt, Nancy
Boyda, Leonard Boswell, and Mac Thornberry. As an Executive Committee
member of the Dwight D. Eisenhower Memorial Commission, I know that
this legislation is important to our continuing efforts to establish a
national, permanent memorial to President Eisenhower. H.R. 2094 would
make important amendments to the statute establishing the Eisenhower
Memorial Commission, so that it can more effectively discharge its
duties.
Congress created the Eisenhower Memorial Commission in 1999 and
charged the Commission with establishing a national memorial to Dwight
David Eisenhower to honor his memory and commemorate his contributions
to the Nation. The Commission is completely bipartisan, consisting of
four Senators, four Representatives, and four private citizens. The
Commission keeps an office in Washington, D.C., with four full-time
staff, including an Executive Director and Executive Architect.
Since determining a preferred site in June 2005, the Commission has
worked tirelessly to speed the progress of the memorialization. In
September 2006, only fifteen months later, the Commission received
final site approval from the National Capital Planning Commission and
the Commission of Fine Arts. The National Eisenhower Memorial will be
located across the street from the National Air and Space Museum at the
intersection of Maryland and Independence Avenues, SW. The site is
surrounded by institutions Ike either created or
[[Page H11789]]
profoundly influenced, including the Department of Education.
The Commission is now engaged in Pre-Design Programming, a concerted
effort to determine what the memorial should be. Eisenhower family
members, Eisenhower contemporaries, historians, Kansans, and many
others have been interviewed on their vision for the memorial. A
voluntary online questionnaire is available to the public. Although
there are many diverse opinions on Ike's greatest achievement and the
appropriate focus for his memorial, all agree that Eisenhower is, as
Michael Korda presents in his new biography, ``an American hero.''
I am particularly proud to claim one of the greatest 20th-century
Americans as a fellow Kansan. He ranks as one of the preeminent figures
in the global history of the 20th century. Dwight Eisenhower spent his
entire life in public service. His most well-known contributions
include serving as Supreme Commander of the Allied Expeditionary Forces
in World War II and as 34th President of the United States, but
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 Ike grew up before
automobiles existed, he created the Interstate Highway System and took
America into space. He created NASA, the Department of Health,
Education, and Welfare, and the Federal Aviation Administration. He
added Hawaii and 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,
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's best for America.
The development of the Pre-Design Program will produce three books to
serve as an information packet for potential designers and the eventual
design team for the memorial. The reasons for building a memorial to
Eisenhower are only one part of the challenge set out in the Pre-Design
Program. Technical considerations and guidance from the National Park
Service are also included. Issues from preserving the historic view to
the U.S. Capitol to providing a National Park Service Ranger station at
the site are presented. This stage is the last major step prior to
procuring a design team.
While the Eisenhower Memorial Commission has so far been able to
efficiently manage the memorialization process, the tasks involved in
design and construction require revised administrative and operational
authority. H.R. 2094 provides the needed revisions and will enable the
Commission to work more efficiently and effectively during design and
construction when quick turnaround times are vital and daily decisions
must be made. The authority provided in this legislation is based on
the authority given to temporary commissions in existence for up to
three years. The Eisenhower Memorial Commission has similar needs, but
exists for no set time period. The Commission will exist until the
completion of the memorial.
For example, H.R. 2094 will enable the Commission to hire temporary
federal employees instead of contract consultants, simplifying
administration of staffing and covering the liability of its employees.
H.R. 2094 will also provide for the Executive Architect to represent
the Commission on the panels that will select the design team for the
memorial. As currently written, the Commission's legislation prohibits
its staff or members from participating in the determination of the
design team.
H.R. 2094 will enable the Commission to continue working not only to
ensure that the National Eisenhower Memorial is an inspiration to
future generations, but also to ensure that the memorialization process
is an example of responsible public work. I urge my colleagues to
support passage of this measure today and I thank the leadership of the
House Natural Resources Committee and of the House, as a whole, for
bringing this bill before us today.
Mr. GRIJALVA. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arizona (Mr. Grijalva) that the House suspend the rules
and pass the bill, H.R. 2094, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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