[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.