110 HR 6883 IH: National Commission to Study the
U.S. House of Representatives
2008-09-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
National Commission to Study the
Establishment of the National Museum of the American People Act of
2008
.
2.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.
3.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
).
4.
(a)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)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)
(1)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 museumThe Commission shall make recommendations
with respect to a plan of action for the establishment and maintenance of the
Museum.
(B)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 planThe 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 actionBased 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)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)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).
5.
(a)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)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)
(1)Each member shall be
appointed for the life of the Commission.
(2)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)
(1)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 EmployeesMembers 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)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)A
majority of the members of the Commission shall constitute a quorum but a
lesser number may hold hearings.
(g)The
Chairperson of the Commission shall be designated by the President at the time
of appointment.
(h)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.
6.Director and Staff
of Commission; experts and consultants; volunteers
(a)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)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)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
agenciesUpon 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)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 servicesNotwithstanding 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.
7.
(a)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 AgentsAny 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)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 devisesTo 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)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 servicesUpon 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)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.
8.Federal Advisory
Committee ActThe Commission
is not subject to the Federal Advisory Committee Act (5 U.S.C. App.).
9.
(a)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 terminatesIf 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 terminatesIf 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.
10.Authorization of
Appropriations
(a)There is authorized to be appropriated such sums as may
be necessary to carry out this Act.
(b)Amounts
made available under subsection (a) shall remain available until expended, or
until the termination of the Commission, whichever comes first.