[House Report 113-411]
[From the U.S. Government Publishing Office]


113th Congress                                            Rept. 113-411
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 2

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   COMMISSION TO STUDY THE POTENTIAL CREATION OF A NATIONAL WOMEN'S 
                           HISTORY MUSEUM ACT

                                _______
                                

  May 6, 2014.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 863]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 863) to establish the Commission to Study the 
Potential Creation of a National Women's History Museum, and 
for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Commission to Study the Potential 
Creation of a National Women's History Museum Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Commission.--The term ``Commission'' means the Commission 
        to Study the Potential Creation of a National Women's History 
        Museum established by section 3(a).
          (2) Museum.--The term ``Museum'' means the National Women's 
        History Museum.

SEC. 3. ESTABLISHMENT OF COMMISSION.

  (a) In General.--There is established the Commission to Study the 
Potential Creation of a National Women's History Museum.
  (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) Qualifications.--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 women's history, art, political or economic 
        status, or culture; and
          (B)(i) expertise in museum administration;
          (ii) expertise in fundraising for nonprofit or cultural 
        institutions;
          (iii) experience in the study and teaching of women's 
        history;
          (iv) experience in studying the issue of the representation 
        of women in art, life, history, and culture at the Smithsonian 
        Institution; or
          (v) extensive experience in public or elected service;
          (2) experience in the administration of, or the planning for, 
        the establishment of, museums; or
          (3) experience in the planning, design, or construction of 
        museum facilities.
  (d) Prohibition.--No employee of the Federal Government may serve as 
a member of the Commission.
  (e) 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 Act.
  (f) 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.
  (g) 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.

SEC. 4. DUTIES OF THE COMMISSION.

  (a) Reports.--
          (1) Plan of action.--The Commission shall submit to the 
        President and Congress a report containing the recommendations 
        of the Commission with respect to a plan of action for the 
        establishment and maintenance of a National Women's History 
        Museum in Washington, DC.
          (2) Report on issues.--The Commission shall submit to the 
        President and Congress a report that addresses the following 
        issues:
                  (A) The availability and cost of collections to be 
                acquired and housed in the Museum.
                  (B) The impact of the Museum on regional women 
                history-related museums.
                  (C) Potential locations for the Museum in Washington, 
                DC, and its environs.
                  (D) Whether the Museum should be part of the 
                Smithsonian Institution.
                  (E) The governance and organizational structure from 
                which the Museum should operate.
                  (F) Best practices for engaging women in the 
                development and design of the Museum.
                  (G) The cost of constructing, operating, and 
                maintaining the Museum.
          (3) Deadline.--The reports required under paragraphs (1) and 
        (2) shall be submitted not later than the date that is 18 
        months after the date of the first meeting of the Commission.
  (b) Fundraising Plan.--
          (1) In general.--The Commission shall develop a fundraising 
        plan to support the establishment, operation, and maintenance 
        of the Museum through contributions from the public.
          (2) Considerations.--In developing the fundraising plan under 
        paragraph (1), the Commission shall consider--
                  (A) the role of the National Women's History Museum 
                (a nonprofit, educational organization described in 
                section 501(c)(3) of the Internal Revenue Code of 1986 
                that was incorporated in 1996 in Washington, DC, and 
                dedicated for the purpose of establishing a women's 
                history museum) in raising funds for the construction 
                of the Museum; and
                  (B) issues relating to funding the operations and 
                maintenance of the Museum in perpetuity.
  (c) Legislation To Carry Out Plan of Action.--Based on the 
recommendations contained in the report submitted under paragraphs (1) 
and (2) of subsection (a), the Commission shall submit for 
consideration to the Committees on Transportation and Infrastructure, 
House Administration, Natural Resources, and Appropriations of the 
House of Representatives and the Committees on Rules and 
Administration, Energy and Natural Resources, and Appropriations of the 
Senate recommendations for a legislative plan of action to establish 
and construct the Museum.
  (d) National Conference.--Not later than 18 months after the date on 
which the initial members of the Commission are appointed under section 
3, 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 women.

SEC. 5. DIRECTOR AND STAFF OF COMMISSION.

  (a) Director and Staff.--
          (1) 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.
          (2) Rates of pay.--Rates of pay for persons employed under 
        paragraph (1) shall be consistent with the rates of pay allowed 
        for employees of a temporary organization under section 3161 of 
        title 5, United States Code.
  (b) Not Federal Employment.--Any individual employed under this Act 
shall not be considered a Federal employee for the purpose of any law 
governing Federal employment.
  (c) Technical Assistance.--
          (1) In general.--Subject to paragraph (2), on request of the 
        Commission, the head of a Federal agency may provide technical 
        assistance to the Commission.
          (2) Prohibition.--No Federal employees may be detailed to the 
        Commission.

SEC. 6. 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.
  (b) Gifts, Bequests, 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.
  (c) Federal Advisory Committee Act.--The Commission shall not be 
subject to the Federal Advisory Committee Act (5 U.S.C. App.).

SEC. 7. TERMINATION.

  The Commission shall terminate on the date that is 30 days after the 
date on which the final versions of the reports required under section 
4(a) are submitted.

SEC. 8. FUNDING.

  (a) In General.--The Commission shall be solely responsible for 
acceptance of contributions for, and payment of the expenses of, the 
Commission.
  (b) Prohibition.--No Federal funds may be obligated to carry out this 
Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 863 is to establish the Commission to 
Study the Potential Creation of a National Women's History 
Museum.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 863 establishes the Commission to Study the Potential 
Creation of a National Women's History Museum. The commission 
would consist of eight members, with two each appointed by the 
Speaker of the U.S. House of Representatives, Minority Leader 
of the House, and the Majority and Minority Leaders of the U.S. 
Senate.
    The Commission would be charged with creating a report 
evaluating the availability and cost of collections to be 
acquired and housed in the museum, the impact of the museum on 
regional women history-related museums, the potential locations 
for the museum in Washington, D.C., whether the museum should 
be part of the Smithsonian Institution, the governance and 
organizational structure from which the museum should operate, 
best practices for engaging women in the development and design 
of the museum, and the cost of constructing, operating, and 
maintaining the museum.
    The Commission will develop a fundraising plan for the 
establishment of the museum. The Commission will not be 
permitted to use federal funds.
    During Full Committee markup of the bill, the Committee 
adopted an amendment offered by Congressman Rob Bishop (R-UT) 
that would remove the instruction to study a specific location 
on the National Mall. The restrictions in current law on 
further development of the limited space on the National Mall 
are supported by the Committee. The amendment also requires the 
Commission to research and report the possibilities for 
operating the museum through private fundraising.

                            COMMITTEE ACTION

    H.R. 863 was introduced on February 27, 2013, by 
Congresswoman Carolyn B. Maloney (D-NY). The bill was referred 
to the Committee on Natural Resources, and within the Committee 
to the Subcommittee on Public Lands and Environmental 
Regulation. The bill was also referred to the Committee on 
House Administration. On March 25, 2014, the Subcommittee on 
Public Lands and Environmental Regulation held a hearing on the 
bill. On April 9, 2014, the Full Natural Resources Committee 
met to consider the bill. The Subcommittee on Public Lands and 
Environmental Regulation was discharged by unanimous consent. 
Congressman Rob Bishop (R-UT) offered an amendment designated 
#1; the amendment was adopted by unanimous consent. The bill, 
as amended, was then adopted and ordered favorably reported to 
the House of Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 863--Commission to Study the Potential Creation of a National 
        Women's History Museum Act

    CBO estimates that enacting H.R. 863 would have no 
significant effect on the federal budget. The legislation would 
affect direct spending because it would authorize the 
commission to accept and spend monetary gifts. Therefore, pay-
as-you-go procedures apply. However, CBO estimates that the net 
effect on direct spending would be insignificant. Enacting H.R. 
863 would not affect revenues.
    H.R. 863 would establish a commission to prepare a report 
containing recommendations for establishing and maintaining a 
National Women's History Museum in Washington, D.C. The 8-
member commission would have 18 months to produce the report 
and submit it to the Congress. All commission members would 
serve without pay but would be reimbursed for travel expenses. 
In addition, the commission would be authorized to hire staff 
and, while no federal employees could be detailed to the 
commission, federal agencies could provide technical support. 
Finally, the bill would prohibit federal funds from being used 
for commission expenses; it would have to rely on gifts and 
contributions to cover those costs.
    H.R. 863 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    On April 9, 2014, CBO transmitted a cost estimate for H.R. 
863, the Commission to Study the Potential Creation of a 
National Women's History Museum Act of 2013, as ordered 
reported by the Committee on House Administration on April 2, 
2013. Both versions of the bill contain similar provisions, and 
their estimated costs are the same.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures. CBO estimates that enacting H.R. 
863 would have no significant effect on the federal budget. The 
legislation would affect direct spending because it authorizes 
the Commission to accept and spend donations, but CBO estimates 
the net effect on direct spending would be insignificant.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to establish the Commission to Study 
the Potential Creation of a National Women's History Museum.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                  FEDERAL ADVISORY COMMITTEE STATEMENT

    The functions of the proposed advisory committee authorized 
in the bill are not currently being nor could they be performed 
by one or more agencies, an advisory committee already in 
existence or by enlarging the mandate of an existing advisory 
committee.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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