[House Report 110-392]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-392
======================================================================
PROVIDING FOR CERTAIN ADMINISTRATIVE AND SUPPORT SERVICES FOR THE
DWIGHT D. EISENHOWER MEMORIAL COMMISSION, AND FOR OTHER PURPOSES
_______
October 22, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 2094]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2094) to provide for certain administrative and
support services for the Dwight D. Eisenhower Memorial
Commission, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
``(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.''.
Purpose of the Bill
The purpose of H.R. 2094 is to provide for certain
administrative and support services for the Dwight D.
Eisenhower Memorial Commission.
Background and Need for Legislation
Public Law 106-79 of the 106th Congress established a
federal commission to plan for a memorial honoring President
Dwight D. Eisenhower. The 107th Congress specifically
authorized the commission to establish the memorial pursuant to
the Commemorative Works Act (40 U.S.C. 8901 et seq.) on land
under the jurisdiction of the Secretary of the Interior in
Washington D.C. or its surrounding area (Public Law 107-117).
The 109th Congress authorized construction of the memorial at a
specific site located within Area I on the National Mall
(Public Law 109-220). The commission is now developing a design
concept for the memorial. Once the design is approved, the
commission will oversee construction of the memorial.
H.R. 2094 makes technical changes to the staff organization
and administrative authority of the commission. According to
the commission, these changes are necessitated by the
commission's evolving responsibilities as the memorial planning
stage ends and the construction phase begins.
Committee Action
H.R. 2094 was introduced on May 1, 2007 by Representative
Dennis Moore (D-KS). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on National Parks, Forests and Public Lands. On September 27,
2007, the Subcommittee met to hold a hearing on the bill. On
October 10, the Subcommittee was discharged from further
consideration of the bill and the full Natural Resources
Committee met to consider the bill. Representative Grijalva (D-
AZ) offered an amendment in the nature of a substitute making
technical changes to the bill as introduced. The Grijalva
substitute was adopted by unanimous consent. H.R. 2094, as
amended, was then ordered favorably reported to the House of
Representatives by unanimous consent.
Section-by-Section Analysis
Section 1. Dwight D. Eisenhower Memorial Commission
Section 1 amends the Department of Defense Appropriations
Act of 2000 (Public Law 106-76) to alter the administrative
authorities granted to the Dwight D. Eisenhower Memorial
Commission. Among the authorities amended are the Commission's
ability to hire and compensate temporary staff, solicit and
accept donations, accept technical and staff assistance from
other federal agencies and hire and compensate official agents.
This section also clarifies the Commission's relationship with
its volunteers and the liability provisions governing that
relationship. Finally, Section 1 authorizes such sums as are
necessary to carry out this Act.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to provide for certain administrative
and support services for the Dwight D. Eisenhower Memorial
Commission.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 2094--A bill to provide for certain administrative and support
services for the Dwight D. Eisenhower Memorial Commission
Summary: H.R. 2094 would expand the authorities of the
Dwight D. Eisenhower Memorial Commission and would authorize
the appropriation of whatever amounts are necessary to carry
out its mission. The commission was established in 1999 to
develop a plan for a memorial to Dwight D. Eisenhower.
Assuming appropriation of the necessary amounts, CBO
estimates that the commission would spend about $10 million
over the next five years to carry out its responsibilities.
This amount would be used primarily to hire and compensate
additional staff, who would manage the design of the memorial.
Enacting H.R. 2094 would not affect direct spending or
revenues.
H.R. 2094 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no cost on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 2094 is shown in the following table.
The costs of this legislation fall within budget function 800
(general government).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level................................. 2 2 2 2 2
Estimated Outlays............................................. 2 2 2 2 2
----------------------------------------------------------------------------------------------------------------
Basis of Estimate: The new authorities provided by H.R.
2094 would allow the commission to directly hire administrative
staff to manage the process of designing the memorial over the
next several years. At present, the commission staff consists
of four full-time contractors hired by GSA and is funded with
periodic grants from the Department of Defense. (The most
recent grant, for $1.7 million, was appropriated for 2006.)
Under H.R. 2094, the commission's staff would be expanded and
would become temporary federal employees rather than GSA
contractors. Based on information provided by the commission
and assuming appropriation of the necessary amounts, CBO
estimates that this entity would spend a total of about $2
million annually over the next five years--for staff
compensation, commissioners' expenses, and other operating
costs. H.R. 2094 does not address the design and construction
of the memorial, and the bill's enactment would not affect
those activities. Under existing law, expenses for those
purposes will be paid from amounts deposited to the memorial
fund created by Public Law 107-117, which also authorized
construction of the memorial on federal land.
Intergovernmental and private-section impact: H.R. 2094
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Previous CBO estimate: On June 13, 2007, CBO transmitted a
cost estimate for S. 890, a bill to provide for certain
administrative and support services for the Dwight D.
Eisenhower Memorial Commission, as ordered reported by the
Senate Committee on Energy and Natural Resources on May 23,
2007. S. 890 and H.R. 2094 are identical, as are their
estimated costs.
Estimate prepared by: Federal costs: Deborah Reis; Impact
on state, local, and tribal governments: Leo Lex; Impact on the
private sector: Jacob Kuipers.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 2094 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 8162 OF THE DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2000
Sec. 8162. Dwight D. Eisenhower Memorial. (a) * * *
* * * * * * *
[(j) Powers.--The Commission may--
[(1) 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;
[(2) 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; and
[(3) hold hearings, enter into contracts for personal
services and otherwise, and do such other things as are
necessary to carry out this section.]
(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.--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.
* * * * * * *
(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.
[(o)] (q) Appropriation of Funds.--In addition to amounts
provided elsewhere in this Act, there is appropriated to the
Commission $300,000, to remain available until expended.
* * * * * * *