[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.

                          ____________________