[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.

           *       *       *       *       *       *       *


                                  
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