[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6883 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6883

 To establish a commission to study the establishment of the National 
    Museum of the American People in Washington, DC, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 11, 2008

  Mr. Hinchey (for himself, Mr. Bishop of New York, Mr. Rangel, Mrs. 
Lowey, Mrs. McCarthy of New York, Mr. Israel, Mrs. Maloney of New York, 
Mr. Nadler, and Mr. McGovern) introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To establish a commission to study the establishment of the National 
    Museum of the American People in Washington, DC, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Commission to Study the 
Establishment of the National Museum of the American People Act of 
2008''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States was created and built by peoples from 
        every land, and these people made this Nation the world's 
        economic, military, scientific, and cultural leader.
            (2) Canada and Mexico, the nations bordering the United 
        States, have major museums in or near their capital cities 
        telling the story of the making of their peoples.
            (3) Americans do not have a comprehensive and accurate 
        picture of all of the peoples who created and continue to build 
        this country.
            (4) Few foreigners know the story of the peoples who came 
        to be Americans, nor the story of the people from their own 
        nations who came to this land.
            (5) A museum telling the story of the making of the 
        American people belongs on or near the National Mall in 
        Washington, DC.

SEC. 3. ESTABLISHMENT.

    There is established a commission to be known as the ``National 
Commission to Study the Establishment of the National Museum of the 
American People'' (in this Act referred to as the ``Commission'').

SEC. 4. DUTIES OF THE COMMISSION.

    (a) In General.--The Commission shall conduct a study regarding the 
feasibility and desirability of establishing a National Museum of the 
American People in Washington, DC (in this Act referred to as the 
``Museum'') that tells the full story of the making of the American 
people. The Museum would do the following:
            (1) Tell the story of--
                    (A) who the people that migrated to America were 
                before they came to this land;
                    (B) where they came from;
                    (C) why they left their homeland;
                    (D) how they got here;
                    (E) where they first settled;
                    (F) where they moved after they arrived;
                    (G) how they became Americans; and
                    (H) how they transformed our Nation.
            (2) Through exhibits or other suitable means, describe--
                    (A) the arrival of the first peoples thousands of 
                years ago;
                    (B) important events in the history of our Nation 
                associated with the period from 1607 to 1820, including 
                migrations from Western Europe, the near extinction of 
                American Indians, the African slave trade, the creation 
                of the Nation, and the expansion of the Nation to 
                encompass new peoples;
                    (C) the great century of immigration from around 
                the world to across this Nation, from 1820 through 
                1924, and the further expansion of the Nation; and
                    (D) the continuing story of immigration to and 
                migration within this Nation, from 1924 to the present.
            (3) Include access to genealogical information.
            (4) Provide a comprehensive educational experience about 
        the making of the American people, including educational 
        materials which would be made available to students and other 
        interested persons around the Nation.
            (5) Bring together in one institution scholars and 
        scholarly resources to foster comprehensive research about the 
        story of the making of the American people.
    (b) Public Meetings.--The Commission shall convene at least one 
public meeting, and may convene additional public meetings, about the 
Museum starting not later than 6 months after the Commission's initial 
meeting under section 5(h). In addition to the general public, the 
Commission may invite to participate in meetings under this subsection 
individuals committed to the advancement of the comprehensive 
understanding of the immigration and migration of all peoples to what 
is now the United States.
    (c) Report.--
            (1) Contents of report.--The Commission shall transmit to 
        the President and the Congress, including to the appropriate 
        congressional committees, a report which shall contain a 
        detailed statement of the findings, conclusions, and 
        recommendations of the Commission, subject to the following:
                    (A) Plan of action for establishment and 
                maintenance of a museum.--The Commission shall make 
                recommendations with respect to a plan of action for 
                the establishment and maintenance of the Museum.
                    (B) Summary of issues.--The Commission shall 
                examine and report on the following issues:
                            (i) Possible locations for the Museum in 
                        Washington, DC, on or near the National Mall. 
                        These locations may include existing buildings, 
                        such as the Agriculture Department's Whitten 
                        Building, as well as sites for a new building 
                        near the National Mall, such as the Banneker 
                        Overlook site. In determining the suitability 
                        of these sites, the Commission shall consult 
                        with the National Capital Planning Commission, 
                        the United States Commission of Fine Arts, the 
                        National Park Service, and the General Services 
                        Administration.
                            (ii) The governing and organizational 
                        structure in accordance with which the Museum 
                        should operate.
                            (iii) The likely impact of the Museum on 
                        regional, State, local, and ethnic museums that 
                        tell a segment of the story of the making of 
                        the American people, including how those 
                        museums could be supported by the Museum.
                            (iv) Building a coalition to advocate and 
                        raise funds for the Museum.
                            (v) Possible components of the Museum, 
                        including the following:
                                    (I) The permanent exhibition, 
                                including a proposed process for 
                                developing the Museum's detailed 
                                storyline.
                                    (II) A Center for Advanced Studies 
                                of the American People, including its 
                                scope.
                                    (III) A National Genealogical 
                                Center, including proposals for serving 
                                as a national repository of 
                                genealogical information, tie-ins with 
                                prominent genealogical centers, and the 
                                exploration of using DNA to trace the 
                                migration patterns of individuals' 
                                ancestors.
                                    (IV) Collections, including the 
                                availability and cost of collections to 
                                be acquired and housed by the Museum, 
                                both on-site and in a secure off-site 
                                facility, to store, catalog, study, and 
                                preserve the objects in such 
                                collections for posterity.
                                    (V) A National Archives and Library 
                                of American Migration and Immigration, 
                                including the development of a major 
                                archives consisting of items that shed 
                                light on migration and immigration to 
                                what is now the United States, such as 
                                documents, maps, photographs, oral 
                                histories, film and video, music, art, 
                                personal papers and memoirs, and tie-
                                ins to the National Archives and other 
                                holdings world-wide, and including 
                                proposals for making these holdings 
                                available to the public by various 
                                means.
                                    (VI) An Education Resource Center, 
                                including proposals for developing 
                                curricula and background material based 
                                on the Museum's story, to be made 
                                available for students, teachers, 
                                teacher training programs, Museum-based 
                                educators, Museum classrooms, and a 
                                computer-based information center 
                                geared towards students at various 
                                grade levels.
                                    (VII) Public programs and an 
                                auditorium in which to hold them, 
                                including guidance for a variety of 
                                lectures, symposia, and cultural 
                                programs fashioned after other museum 
                                programs.
                                    (VIII) Special exhibitions and 
                                spaces in which to hold them that would 
                                allow for the exploration of a variety 
                                of subjects related to the purposes of 
                                the Museum.
                                    (IX) Traveling and online 
                                exhibitions, including those that could 
                                be tailored for a particular State or 
                                locale.
                                    (X) A film center, including 
                                development of a film and video library 
                                of documentary and feature films 
                                touching on the Museum's themes, and a 
                                film theater at the Museum to show 
                                these films to visitors.
                                    (XI) A world food court, including 
                                a restaurant and cafeteria to serve 
                                Museum visitors and others.
                                    (XII) A museum bookstore and gift 
                                shop, which would sell items fitting a 
                                range of tastes and budgets.
                                    (XIII) A Peopling of America Center 
                                which, in conjunction with the National 
                                Park Service, would study sites 
                                throughout the Nation where events of 
                                significant migration and immigration 
                                history took place and would designate 
                                such sites as Peopling of America 
                                national historic landmarks.
                    (C) Cost and fund-raising plan.--The Commission 
                shall include in its report--
                            (i) an estimate of the cost of--
                                    (I) constructing a new building and 
                                remodeling existing buildings;
                                    (II) fabricating the permanent 
                                exhibition; and
                                    (III) operating the Museum and its 
                                components, based on the experience of 
                                other museums; and
                            (ii) a fund-raising plan to support--
                                    (I) the creation of the Museum, its 
                                exhibitions, and other capital costs 
                                through private donations, including 
                                donations from other national 
                                governments; and
                                    (II) the operation of the Museum 
                                and its governing body through a 
                                public-private partnership modeled 
                                after other national museums in 
                                Washington, DC.
                    (D) Legislation to carry out plan of action.--Based 
                on the recommendations contained in the plan of action 
                described in subparagraph (A), the summary of issues 
                described in subparagraph (B), the cost and fund-
                raising plan described in subparagraph (C), and the 
                input from public meetings under subsection (b), the 
                Commission shall draft a legislative plan of action to 
                create and construct the Museum, including proposed 
                legislation.
            (2) Definition.--For the purposes of this section, the term 
        ``appropriate congressional committees'' means the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives, the Committee on Natural Resources of the 
        House of Representatives, the Committee on Energy and Natural 
        Resources of the Senate, and the Committees on Appropriations 
        of the House of Representatives and the Senate.
            (3) Deadline.--The Commission shall transmit the report as 
        required under this section not later than 18 months after the 
        date of the Commission's initial meeting under section 5(h).

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 17 
members appointed, not later than 120 days after the date of the 
enactment of this Act, as follows:
            (1) 5 individuals appointed by the President, not more than 
        3 of whom may be of the same political party.
            (2) 4 individuals appointed by the Speaker of the House of 
        Representatives.
            (3) 4 individuals appointed by the majority leader of the 
        Senate.
            (4) 2 individuals appointed by the minority leader of the 
        House of Representatives.
            (5) 2 individuals appointed by the minority leader of the 
        Senate.
    (b) Qualifications.--Members of the Commission shall be chosen from 
among individuals or representatives of institutions or entities who 
possess either--
            (1) a demonstrated commitment to the research and study of 
        the migration and immigration of all or various peoples to what 
        is now the United States;
            (2) expertise in establishing, building, or designing a 
        museum;
            (3) expertise in creating a major story-telling museum 
        exhibition;
            (4) expertise in fund-raising for nonprofit organizations 
        or cultural institutions;
            (5) experience in Federal or statewide public or elected 
        service; or
            (6) experience as chief executive or board member of a 
        major museum, academic institution, or national foundation.
    (c) Terms.--
            (1) In general.--Each member shall be appointed for the 
        life of the Commission.
            (2) Vacancies.--A vacancy in the Commission shall not 
        affect its powers, and shall be filled in the manner in which 
        the original appointment was made.
    (d) Basic Pay.--
            (1) Rates of pay.--Except as provided in paragraph (2), 
        members shall each be entitled to receive the daily equivalent 
        of the annual rate of basic pay for level IV of the Executive 
        Schedule for each day during which they are engaged in the 
        actual performance of duties vested in the Commission.
            (2) Prohibition of compensation of federal employees.--
        Members of the Commission who are full-time officers or 
        employees of the United States, or Members of Congress, may not 
        receive additional pay, allowances, or benefits by reason of 
        their service on the Commission.
    (e) Travel Expenses.--Each member of the Commission shall receive 
travel expenses, including per diem in lieu of subsistence, in 
accordance with applicable provisions of subchapter I of chapter 57 of 
title 5, United States Code.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum but a lesser number may hold hearings.
    (g) Chairperson.--The Chairperson of the Commission shall be 
designated by the President at the time of appointment.
    (h) Initial Meeting.--The Commission shall meet and begin the 
operations of the Commission at the call of the Chairperson, not later 
than 60 days after the date as of which a majority of the members have 
been appointed.

SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS; 
              VOLUNTEERS.

    (a) Director.--The Commission shall have a Director who shall be 
appointed by the Chairperson. The Chairperson may fix the rate of pay 
for the Director without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of title 5, United States Code, relating 
to classification and General Schedule pay rates, except that the 
Director may not receive pay in excess of the rate of basic pay for 
level IV of the Executive Schedule.
    (b) Staff.--The Director, in consultation with the Chairperson, may 
appoint and fix the pay of additional personnel. A rate of pay fixed 
under this subsection may not exceed the maximum rate of basic pay for 
grade GS-15 of the General Schedule.
    (c) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, but at rates for individuals not to exceed the daily 
equivalent of the annual rate of basic pay for level IV of the 
Executive Schedule.
    (d) Staff of Federal Agencies.--Upon request of the Chairperson, 
the head of any Federal department or agency may detail, without 
reimbursement, any of the personnel of that department or agency to the 
Commission to assist it in carrying out its duties under this Act.
    (e) Travel Expenses.--Each member of the staff of the Commission 
shall receive travel expenses, including per diem in lieu of 
subsistence, in accordance with applicable provisions of subchapter I 
of chapter 57 of title 5, United States Code.
    (f) Authority To Accept Voluntary Services.--Notwithstanding the 
provisions of section 1342 of title 31, United States Code, the 
Commission may accept and use the services of volunteers. The 
Commission may reimburse a volunteer 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. A person providing volunteer services to the Commission shall be 
considered an employee of the Federal Government in the performance of 
those services for the purposes of the following provisions of law:
            (1) Chapter 81 of title 5, United States Code, relating to 
        compensation for work-related injuries.
            (2) Chapter 171 of title 28, United States Code, relating 
        to tort claims.
            (3) Chapter 11 of title 18, United States Code, relating to 
        conflicts of interest.

SEC. 7. POWERS OF THE COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Commission considers 
appropriate.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information 
necessary to enable it to carry out its responsibilities. Upon request 
of the Chairperson of the Commission, the head of that department or 
agency shall furnish that information to the Commission.
    (d) Gifts, Bequests, and Devises.--To the extent or in the amounts 
provided in advance in appropriation Acts, the following may occur:
            (1) The Commission may accept, use, and dispose of gifts, 
        bequests, or devises of services or property, both real and 
        personal, for the purpose of aiding or facilitating the work of 
        the Commission. Gifts, bequests, or devises of money and 
        proceeds from sales of property received as gifts, bequests, or 
        devises shall be deposited in the Treasury in a separate fund 
        and shall be available for disbursement upon order of the 
        Commission.
            (2) Upon request of the Commission, the Secretary of the 
        Treasury may invest and reinvest, in securities of the United 
        States, any money contained in the fund authorized in paragraph 
        (1). Income accruing from such securities, and from any other 
        property accepted to the credit of the fund, shall be disbursed 
        upon order of the Commission.
            (3) Upon termination of the Commission, all gifts, 
        bequests, and devises accepted by the Commission under 
        paragraph (1) shall be held by the agency administering the 
        work of the Commission. Upon establishment of the Museum, the 
        Commission or agency, as the case may be, holding the gifts, 
        bequests, and devises accepted under paragraph (1) shall turn 
        them over to the National Museum of the American People.
    (e) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (f) Administrative Support Services.--Upon request of the 
Chairperson of the Commission, the Administrator of General Services 
shall provide to the Commission, on a reimbursable basis, the 
administrative support and other services necessary for the Commission 
to carry out its responsibilities under this Act. These administrative 
services may include human resources management, budget, leasing, 
accounting, and payroll services.
    (g) Contract Authority.--To the extent or in the amounts provided 
in advance in appropriation Acts, the Commission may enter into 
contracts with and compensate government and private agencies or 
persons for the conduct of activities necessary to the discharge of its 
duties and responsibilities. A contract, lease, or other legal 
agreement entered into by the Commission may not extend beyond the date 
of the termination of the Commission.

SEC. 8. FEDERAL ADVISORY COMMITTEE ACT.

    The Commission is not subject to the Federal Advisory Committee Act 
(5 U.S.C. App.).

SEC. 9. TERMINATION.

    (a) In General.--The Commission shall terminate not later than 90 
days after the date on which it transmits its report pursuant to 
section 4(c), or not later than 30 days after the date of enactment of 
an Act of Congress establishing the Museum, whichever comes first.
    (b) Disposition of Records and Papers.--
            (1) If museum is not established before commission 
        terminates.--If the Museum is not established before the 
        Commission terminates, all records and papers of the Commission 
        shall--
                    (A) not later than the date on which the Commission 
                terminates, be delivered to the Archivist of the United 
                States for deposit in the National Archives and Records 
                Administration; and
                    (B) upon establishment of the Museum, be delivered 
                to the Museum.
            (2) If museum is established before commission 
        terminates.--If the Museum is established before the Commission 
        terminates, all records and papers of the Commission shall be 
        delivered to the Museum not later than the date on which the 
        Commission terminates.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated such sums 
as may be necessary to carry out this Act.
    (b) Availability.--Amounts made available under subsection (a) 
shall remain available until expended, or until the termination of the 
Commission, whichever comes first.
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