[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4729-S4730]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2383. Mr. CASEY (for himself, Ms. Collins, Mr. Crapo, Ms. Rosen, 
Mr. Scott of Florida, and Mr. Fetterman) submitted an amendment 
intended to be proposed by him to the bill S. 4638, to authorize 
appropriations for fiscal year 2025 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title X, insert the following:

Subtitle I--Commission to Study the Potential Transfer of the Weitzman 
     National Museum of American Jewish History to the Smithsonian 
                            Institution Act

     SEC. 1096. SHORT TITLE.

       This subtitle may be cited as the ``Commission to Study the 
     Potential Transfer of the Weitzman National Museum of 
     American Jewish History to the Smithsonian Institution Act''.

     SEC. 1096A. ESTABLISHMENT OF COMMISSION.

       (a) In General.--There is established the Commission to 
     Study the Potential Transfer of the Weitzman National Museum 
     of American Jewish History to the Smithsonian Institution 
     (hereafter in this subtitle referred to as the 
     ``Commission'').
       (b) Membership.--The Commission shall be composed of 8 
     members, of whom--
       (1) 2 members shall be appointed by the majority leader of 
     the Senate;
       (2) 2 members shall be appointed by the Speaker of the 
     House of Representatives;
       (3) 2 members shall be appointed by the minority leader of 
     the Senate; and
       (4) 2 members shall be appointed by the minority leader of 
     the House of Representatives.
       (c) Qualification.--Members of the Commission shall be 
     appointed to the Commission from among individuals, or 
     representatives of institutions or entities, who possess--
       (1)(A) a demonstrated commitment to the research, study, or 
     promotion of Jewish American history, art, political or 
     economic status, or culture; and
       (B)(i) expertise in museum administration;
       (ii) expertise in fund-raising for nonprofit or cultural 
     institutions;
       (iii) experience in the study and teaching of Jewish 
     American history;
       (iv) experience in the study and teaching of combating and 
     countering antisemitism;
       (v) experience in studying the issue of the representation 
     of Jewish Americans in art, life, history, and culture at the 
     Smithsonian Institution; or
       (vi) extensive experience in public or elected service;
       (2) experience in the administration of, or the strategic 
     planning for, museums; or
       (3) experience in the planning or design of museum 
     facilities.
       (d) Deadline for Initial Appointment.--The initial members 
     of the Commission shall be appointed not later than the date 
     that is 90 days after the date of enactment of this subtitle.
       (e) Vacancies.--A vacancy in the Commission--
       (1) shall not affect the powers of the Commission; and
       (2) shall be filled in the same manner as the original 
     appointment was made.
       (f) Chairperson.--The Commission shall, by majority vote of 
     all of the members, select 1 member of the Commission to 
     serve as the Chairperson of the Commission.
       (g) Prohibition.--No employee of the Federal Government may 
     serve as a member of the Commission.

     SEC. 1096B. DUTIES OF COMMISSION.

       (a) Reports and Other Deliverables.--Not later than 2 years 
     after the date of the first meeting of the Commission, the 
     Commission shall submit to the President and to Congress the 
     report, plan, and recommendations described in paragraphs (1) 
     through (3).
       (1) Report on issues.--A report that addresses the 
     following issues relating to the Weitzman National Museum of 
     American Jewish History in Philadelphia, PA, and its environs 
     (hereafter in this subtitle referred to as the ``Museum''):
       (A) The collections held by the Museum at the time of the 
     report, the extent to which such collections are already 
     represented in the Smithsonian Institution and Federal 
     memorials at the time of the report, and the availability and 
     cost of future collections to be acquired and housed in the 
     Museum.
       (B) The impact of the Museum on educational and 
     governmental efforts to study and counter antisemitism.
       (C) The financial assets and liabilities held by the 
     Museum, and the cost of operating and maintaining the Museum.
       (D) The governance and organizational structure from which 
     the Museum should operate if transferred to the Smithsonian 
     Institution.
       (E) The financial and legal considerations associated with 
     the potential transfer of the Museum to the Smithsonian 
     Institution, including--
       (i) any donor or legal restrictions on the Museum's 
     collections, endowments, and real estate;
       (ii) costs associated with actions that will be necessary 
     to resolve the status of employees of the Museum, if the 
     Museum is transferred to the Smithsonian Institution;
       (iii) all additional costs for the Smithsonian Institution 
     that would be associated with operating and maintaining a new 
     museum outside of the Washington, D.C. metropolitan area; and
       (iv) policy and legal restrictions that would become 
     applicable to the Museum if transferred to the Smithsonian 
     Institution.
       (F) The feasibility of the Museum becoming part of the 
     Smithsonian Institution, taking into account the Museum's 
     potential impact on the Smithsonian's existing facilities 
     maintenance backlog, collections storage needs, and 
     identified construction or renovation costs for new or 
     existing museums.
       (2) Fund-raising plan.--A fund-raising plan that addresses 
     the following topics:
       (A) The ability to support the transfer, operation, and 
     maintenance of the Museum through contributions from the 
     public, including potential charges for admission.
       (B) Any potential issues with funding the operations and 
     maintenance of the Museum in perpetuity without reliance on 
     appropriations of Federal funds.
       (3) Legislative recommendations.--A report containing 
     recommendations regarding a legislative plan for transferring 
     the Museum to the Smithsonian Institution, which shall 
     include each of the following:
       (A) Proposals regarding the time frame, one-time 
     appropriations level, and continuing appropriations levels 
     that might be included in such legislation.
       (B) Recommendations for the future name of the Museum if it 
     is transferred to the Smithsonian Institution.
       (b) National Conference.--Not later than 2 years after the 
     date on which the initial members of the Commission are 
     appointed under section 1096A, the Commission may, in 
     carrying out the duties of the Commission under this section, 
     convene a national conference relating to the Museum, to be 
     comprised of individuals committed to the advancement of the 
     life, art, history, and culture of Jewish Americans.

     SEC. 1096C. ADMINISTRATIVE PROVISIONS.

       (a) Compensation.--
       (1) In general.--A member of the Commission--
       (A) shall not be considered to be a Federal employee for 
     any purpose by reason of service on the Commission; and
       (B) shall serve without pay.
       (2) Travel expenses.--A member of the Commission shall be 
     allowed a per diem allowance for travel expenses, at rates 
     consistent with those authorized under subchapter I of 
     chapter 57 of title 5, United States Code.
       (3) Gifts, bequests, and devises.--The Commission may 
     solicit, accept, use, and dispose of gifts, bequests, or 
     devises of money, services, or real or personal property for 
     the purpose of aiding or facilitating the work of the 
     Commission. Such gifts, bequests, or devises may be from the 
     Museum.
       (4) Federal advisory committee act.--Chapter 10 of title 5, 
     United States Code, shall not apply to the Commission.
       (b) Termination.--The Commission shall terminate on the 
     date that is 30 days after the date on which the final 
     versions of the report, plan, and recommendations required 
     under section 1096B are submitted.
       (c) Funding.--The Commission shall be solely responsible 
     for acceptance of contributions for, and payment of the 
     expenses of, the Commission.
       (d) Director and Staff of Commission.--
       (1) Director and staff.--
       (A) In general.--The Commission may employ and compensate 
     an executive director and any other additional personnel that 
     are necessary to enable the Commission to perform the duties 
     of the Commission.

[[Page S4730]]

       (B) Rates of pay.--Rates of pay for persons employed under 
     subparagraph (A) shall be consistent with the rates of pay 
     allowed for employees of a temporary organization under 
     section 3161 of title 5, United States Code.
       (2) Not federal employment.--Any individual employed under 
     this subsection shall not be considered a Federal employee 
     for the purpose of any law governing Federal employment.
       (3) Technical assistance.--
       (A) In general.--Subject to subparagraph (B), on request of 
     the Commission, the head of a Federal agency shall provide 
     technical assistance to the Commission.
       (B) Prohibition.--No Federal employees may be detailed to 
     the Commission.
       (4) Volunteer services.--Notwithstanding section 1342 of 
     title 31, United States Code, the Commission may accept and 
     use voluntary and uncompensated services as the Commission 
     determines necessary.
       (e) Administrative Support Services.--Upon request of the 
     Commission, the Administrator of the General Services 
     Administration shall provide to the Commission, on a 
     reimbursable basis, the administrative support services 
     necessary for the Commission to carry out its 
     responsibilities under this subtitle. The involvement of the 
     General Services Administration shall be limited to providing 
     administrative support to the Commission, and such 
     involvement shall terminate upon termination of the 
     Commission.
       (f) Meeting Location.--The Commission may meet virtually or 
     in-person.
       (g) Appointment Delays.--The Commission may begin to meet 
     and carry out activities under this subtitle before all 
     members of the Commission have been appointed if--
       (1) 90 days have passed since the date of enactment of this 
     subtitle; and
       (2) a majority of the members of the Commission have been 
     appointed.
                                 ______