[Senate Report 110-97]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 227
110th Congress                                                   Report
                                 SENATE
 1st Session                                                   110-97 
======================================================================
 
                DWIGHT D. EISENHOWER MEMORIAL COMMISSION

                                _______
                                

                 June 26, 2007.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 890]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 890) to provide for certain 
administrative and support services for the Dwight D. 
Eisenhower Memorial Commission, and for other purposes, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill, as amended, do pass.
    The amendments are as follows:

    1. On page 3, line 7, strike the semicolon and insert a 
period.
    2. On page 3, strike lines 13 through 20 and insert the 
following:
          ``(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.
    3. On page 6, strike lines 5 through 7 and insert the 
following:
          ``(3) Staff of federal agencies.--On request of the 
        Commission, the
    4. On page 6, line 9, strike ``, on a nonreimbursable 
basis,''.
    5. Beginning on page 7, strike line 23 and all that follows 
through page 8, line 10, and insert the following:
                  ``(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).''.

                         Purpose of the Measure

    The purpose of S. 890 is to amend the enabling legislation 
for the Dwight D. Eisenhower Memorial Commission to provide for 
certain administrative and support services for the commission.

                          Background and Need

    The Dwight D. Eisenhower Memorial Commission is a 
congressional commission established by section 8162 of Public 
Law 106-79 on October 25, 1999. S. 890 would amend section 8162 
to update the powers of the Commission and provide additional 
staff and support services to assist the Commission in 
performing its duties and responsibilities. The bill would 
require the General Services Administration to provide 
administrative services on a reimbursable basis. It also would 
allow the Commission to use all contracts, schedules, and 
acquisition vehicles allowed to external clients through the 
GSA.
    In January 2002, the Commission's authorization was amended 
by Public Law 107-117 to require that the memorial to Dwight D. 
Eisenhower be established pursuant to the provisions of the 
Commemorative Works Act. Public Law 109-220, enacted in May 
2006, authorized the memorial to be constructed on a site 
within Area I (the monumental core area) as a work of 
``preeminent historical and lasting significance to the 
Nation,'' the standard set forth in the Commemorative Works 
Act. As a result of a study completed in 2006, the National 
Park Service, the Commission of Fine Arts and the National 
CapitalPlanning Commission have all approved a site south of 
Independence Avenue near its intersection with Maryland Avenue, which 
was identified in the Memorials and Museums Master Plan as a prime 
candidate site suitable for a presidential memorial. The next step is 
for the Commission to select a design concept in accordance with 
guidance contained in the site approval and to submit it for review by 
the Secretary of the Interior, the Commission of Fine Arts and the 
National Capital Planning Commission.
    According to the Commission, its staff organization and 
administrative authority need to be adjusted in order to 
address the design and construction needs of the memorial. 
Currently the Commission utilizes contracted specialists and 
part-time employees. S. 890 will allow the Commission to hire 
temporary Federal employees to help it carry out its mission.

                          Legislative History

    S. 890 was introduced by Senators Inouye, Stevens, Roberts, 
and Hagel on March 15, 2007. The Subcommittee on National Parks 
held a hearing on the bill on April 26, 2007. At its business 
meeting on May 23, the Committee on Energy and Natural 
Resources ordered S. 890 to be reported with amendments.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in an 
open business session on May 27, 2007, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
890, if amended as described herein.

                          Committee Amendments

    During its consideration of S. 890, the Committee adopted 
several clarifying and conforming amendments. Amendments #1 and 
#2 clarify that the head of Federal departments or agencies 
retain discretion to provide assistance to the Commission that 
the head of the department or agency determines to be 
appropriate.
    Amendments #3 and #4 provide that upon request of the 
Commission, Federal departments or agencies may detail 
personnel to the Commission. As introduced, S. 890 required 
that the personnel be detailed on a non-reimbursable basis; the 
amendment will allow the Commission and the department or 
agency to address this issue on a case-by-case basis.
    Amendment #5 incorporates volunteer liability language 
recommended to the Committee by the Department of Justice.

                      Section-by-Section Analysis

    Section 1 amends section 8162 of Public Law 106-79, the 
Department of Defense Appropriations Act, 2000, to amend the 
authority for the Dwight D. Eisenhower Memorial Commission.
    The section amends subsection (j) of section 8162 to expand 
the Commission's powers. The Commission would be authorized to 
enter into contracts for specialized or professional services, 
as necessary. The Commission would also be authorized to obtain 
information or other assistance from Federal departments or 
agencies, at the discretion of the head of the department or 
agency. The revised subsection also authorizes the Commission 
to appoint an architect as an agent of the Commission and to 
perform other duties as designated by the Chairman of the 
Commission.
    The section adds a new subsection (o) to section 8162, 
pertaining to staff and support services. The Commission is 
authorized to appoint an Executive Director and to hire staff 
without regard to Federal Civil Service laws. The Commission 
would also be authorized to have personnel detailed from 
Federal departments or agencies. The subsection also authorizes 
the Commission to obtain administrative and support services 
from the General Services Administration and to enter into 
cooperative agreements with appropriate governmental and 
private entities. Finally, the subsection authorizes the 
Commission to utilize volunteers and clarifies that the 
provisions of the Volunteer Protection Act of 1997 (42 U.S.C. 
14501 et seq.) shall generally apply for purposes of tort 
liability.

                   Cost and Budgetary Considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

                                                     June 14, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed revised cost estimate for S. 890, a bill 
to provide for certain administrative and support services for 
the Dwight D. Eisenhower Memorial Commission. Our previous 
estimate for S. 890, dated June 6, 2007, inadvertently stated 
that implementing the bill would cost $10 million annually over 
the next five years rather than $10 million (in total) over the 
next five years.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

S. 890--A bill to provide for certain administrative and support 
        services for the Dwight D. Eisenhower Memorial Commission

    Summary: S. 890 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 $2 million a 
year the next five years to carry out its responsibilities. 
This amount would be used primarily to hire and compensate 
administrative staff, who would manage the design of the 
memorial. Enacting S. 890 would not affect direct spending or 
revenues.
    S. 890 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 890 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 S. 890 
would allow the commission to directly hire administrative 
staff to manage the design process of the memorial over the 
next several years. At present, the commission staff consists 
of four full-time contractors hired by GSA and funded with 
periodic grants from the Department of Defense. (The most 
recent of these, for $1.7 million, was appropriated for 2006.) 
Under S. 890, the existing 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 about $2 million annually over the next five 
years for staff compensation, commissioner expenses, and other 
operating costs. S. 890 does not address the design and 
construction of the memorial, and the bill's enactment would 
not affect these 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-sector impact: S. 890 
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 6, 2007, CBO transmitted a 
cost estimate for S. 890 as ordered reported by the Senate 
Committee on Energy and Natural Resources on May 23, 2007. That 
estimate inadvertently stated that implementing the bill would 
cost $10 million annually over the next five years rather than 
$10 million in total over that period.
    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: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 890. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 890, as ordered reported.

                        Executive Communications

    The testimony provided by the National Park Service at the 
April 26, 2007 hearing of the Subcommittee on National Parks on 
S. 890 follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to appear before you today to present the 
Department of the Interior's views on S. 890, a bill to provide 
for certain administrative and support services for the Dwight 
D. Eisenhower Memorial Commission.
    The Department has no position on S. 890 as it involves 
providing administrative and support services for an 
established congressional commission by the General Services 
Administration (GSA) rather than the Department of the 
Interior. We understand that the Department of Justice may have 
concerns with certain provisions on volunteer services in S. 
890 that could significantly expand the potential for Federal 
tort liability and will advise the Committee of those concerns 
in the near future.
    The Dwight D. Eisenhower Memorial Commission (Commission) 
is a congressional commission established by Section 8162 of 
Public Law 106-79 on October 25, 1999. S. 890 would amend 
Section 8162 to update the powers of the Commission and provide 
additional staff and support services to assist the Commission 
in performing its duties and responsibilities. The bill would 
require the GSA to provide administrative services on a 
reimbursable basis. It also would allow the Commission to use 
all contracts, schedules, and acquisition vehicles allowed to 
external clients through the GSA.
    In January 2002, the Commission's authorization was amended 
by Public Law 107-117 to require that the memorial to Dwight D. 
Eisenhower be established pursuant to the provisions of the 
Commemorative Works Act. Public Law 109-220, enacted in May 
2006, authorized the memorial to be constructed on a site 
within Area I as Dwight D. Eisenhower is deemed to be of 
``preeminent historical and lasting significance to the 
Nation.'' As a result of an alternative site study completed in 
2006, the National Park Service, the Commission of Fine Arts 
and the National Capital Planning Commission have all approved 
a site south of Independence Avenue near its intersection with 
Maryland Avenue, which was identified in the Memorials and 
Museums Master Plan as Prime Candidate Site suitable for a 
presidential memorial. The next step is for the Commission to 
select a design concept in accordance with guidance contained 
in the site approval and to submit it for review by the 
Secretary of the Interior, the Commission of Fine Arts and the 
National Capital Planning Commission.
    During his term, President Eisenhower created the National 
Interstate Highway System, which remains a critical component 
of U.S. infrastructure today. Eisenhower also is credited with 
proposing and signing into law the Civil Rights Acts of 1957 
and 1960, and striving to make the District of Columbia a model 
for the nation in racially integrating public schools. He 
created the precedent for the proposed National Parks 
Centennial Initiative by initiating a comprehensive ten-year 
program, Mission 66, to restore and improve National Parks to 
meet the needs of a public increasingly interested in the great 
outdoors.
    The Department supports the work of the Commission and is 
willing to assist them throughout the process of establishing 
an appropriate permanent memorial to Dwight D. Eisenhower, the 
34th President of the United States.
    That concludes my testimony, I would be glad to answer any 
questions that you or other members of the subcommittee may 
have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 890, as ordered 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):

  AN ACT Making appropriations for the Department of Defense for the 
     fiscal year ending September 30, 2000, and for other purposes

(Public Law 106-79--Approved October 25, 1999)

           *       *       *       *       *       *       *



SEC. 8162. DWIGHT D. EISENHOWER MEMORIAL.

    (a) Findings.--Congress finds that--
          (1) the people of the United States feel a deep debt 
        of gratitude to Dwight D. Eisenhower, who served as 
        Supreme Commander of the Allied Forces in Europe in 
        World War II and subsequently as 34th President of the 
        United States; and
          (2) an appropriate permanent memorial to Dwight D. 
        Eisenhower should be created to perpetuate his memory 
        and his contributions to the United States.

           *       *       *       *       *       *       *

    [(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 tortclaims.
          (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)] (q) Authority to Establish Memorial.--

           *       *       *       *       *       *       *

    (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 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.

                                  
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