[Senate Report 113-290]
[From the U.S. Government Publishing Office]
Calendar No. 630
113th Congress Report
SENATE
2d Session 113-290
======================================================================
NATIONAL WOMEN'S HISTORY MUSEUM COMMISSION ACT
_______
December 10, 2014.--Ordered to be printed
_______
Ms. Landrieu, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 398]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 398) to establish the Commission to Study
the Potential Creation of a National Women's History Museum,
and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends 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;
(v) extensive experience in public or elected service; or
(vi) experience as a professional historian with expertise in
women's history;
(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 without
reliance on appropriations of Federal funds.
(3) Independent review.--The Commission shall obtain an
independent review of the viability of the plan developed under
paragraph (1) and such review shall include an analysis as to
whether the plan is likely to achieve the level of resources
necessary to fund the construction of the Museum and the
operations and maintenance of the Museum in perpetuity without
reliance on appropriations of Federal funds.
(4) Submission.--The Commission shall submit the plan
developed under paragraph (1) and the review conducted under
paragraph (3) 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.
(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
The purpose of S. 398 is to establish the Commission to
Study the Potential Creation of a National Women's History
Museum.
BACKGROUND AND NEED
The National Women's History Museum (NWHM) was founded in
1996 and is a nonpartisan, nonprofit educational institution
dedicated to preserving, interpreting, and celebrating the
diverse historic contributions of women, and integrating this
rich heritage fully into our nation's history.
Recognition of the achievements made by American women will
promote a better understanding of our history and culture for
all who visit Washington, D.C. In 1999, The President's
Commission on the Celebration of Women in American History
called for a women's history museum in Washington, D.C., and
specifically cited the NWHM in that role.
From its founding, NWHM has worked hard towards obtaining a
permanent museum site in the nation's capital on or near the
National Mall. S. 398 would establish a commission to provide
recommendations to the President and Congress with respect to a
plan of action for the establishment and maintenance of a
National Women's History Museum in Washington D.C.
Legislation is needed to establish a Commission to study
the potential creation of a National Women's History Museum and
to require a report containing recommendations with respect to
a plan of action for the establishment and maintenance of a
National Women's History Museum in Washington, D.C., be
submitted to the President and Congress.
LEGISLATIVE HISTORY
S. 398 was introduced by Senator Collins with 28 cosponsors
on February 27, 2013. The subcommittee on National Parks held a
hearing on S. 398 on July 31, 2013 (S. Hrg. 113-93). At its
business meeting on November 13, 2014, the Committee ordered S.
398 favorably reported if amended.
A similar bill, H.R. 863, was introduced in the House of
Representatives on February 27, 2013 by Representative Maloney
where it was referred to the Committee on Natural Resources,
and in addition the Committee on House Administration. The
Subcommittee on Public Lands and Environmental Regulation held
a hearing on H.R. 863 on March 25, 2014 and reported the bill
as amended on April 10, 2014 (H. Rept. 113-411, Part II). The
committee on House Administration reported H.R. 863 on April
10, 2014 (H. Rept. 113-411, Part I). On May 7, 2014, the House
of Representatives passed the bill by the Yeas and Nays 383-33.
In the 112th Congress, multiple bills were introduced
pertaining to a potential authority to sell a specific property
(the ``Cotton Annex'' site) to the National Women's History
Museum, Inc. S. 680 was introduced on March 30, 2011 by Sen.
Collins and referred to the Senate Committee on Environment and
Public Works. The Committee reported S. 680 on May 2, 2011 (S.
Rept. 112-14). In the House of Representatives, H.R. 1269,
sponsored by Representative Maloney, was introduced on March
30, 2011. The bill was referred to the Committee on
Transportation and Infrastructure.
In the 111th Congress, bills similar to those from the
112th Congress efforts were introduced in the Senate (S. 2129)
by Senator Collins on October 29, 2009, and in the House of
Representative (H.R. 1700) by Representative Maloney. S. 2129
was initially referred to the Committee on Homeland Security
and Governmental Affairs on October 29, 2009 but was discharged
from that committee and referred to the Committee on
Environment and Public Works. The Committee on Environment and
Public Works reported S. 2129 on June 28, 2010. H.R. 1700 was
referred to the House Committee on Transportation and
Infrastructure and was reported on October 8, 2009. The House
of Representatives passed the bill by voice vote on October 14,
2009.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on November 13, 2014, by a voice vote of
a quorum present, recommends that the Senate pass S. 398, if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 398, the Committee adopted
an amendment in the nature of a substitute. The amendment
changes the short title of the act. It also adds experience as
a historian in women's history to the Commission membership
qualifications. Under the duties of the Commission, a specific
reference to a potential location of a women's history museum
was removed. Within the subsection on the Commission's duty to
develop a fundraising plan, the operation of the Museum was
added to the purpose of the fundraising to support the
establishment, and maintenance of the Museum. Additionally,
within this subsection, the consideration that no Federal
funding should be part of the fundraising plan for operations
and maintenance of the Museum. An independent review of the
viability of the plan is added, as is submission of the plan to
Congress. The Committee amendment is explained in detail in the
section-by-section analysis below.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title, the ``Commission to
Study the Potential Creation of a National Women's History
Act.''
Section 2 defines the terms ``Commission'' and ``Museum.''
Section 3 establishes the Commission to Study the Potential
Creation of a National Women's History Museum.
Subsection (b) defines the membership of the commission.
Subsection (c) defines qualifications for members.
Subsection (d) prohibits Federal Government employees from
being Commission members.
Subsection (e) creates a deadline for appointment.
Subsection (f) deals with vacancies on the Commission.
Subsection (g) explains how a chairperson for the
Commission shall be elected.
Section 4 explains the duties of the Commission.
Subsection (a) pertains to reporting requirements of the
Commission to provide report to the President and Congress with
recommendations on a plan of action and a report on specific
issues for the establishment of the museum. These issues
include the availability and cost of collections; the impact of
the museum on regional women history-related museums; potential
locations for the museum; whether the museum should be part of
the Smithsonian Institution; how the museum should be operated;
the best practices to engage women in developing and designing
the museum; and, the cost of constructing, operating, and
maintaining the museum. Subsection (a)(3) requires the reports
to be submitted not later than 18 months after the first
meeting of the Commission.
Subsection (b) requires the Commission to develop a
fundraising plan and specific considerations for establishment,
operation, and maintenance of the Museum through contributions
from the public without a reliance on Federal appropriations.
The Commission is required to have an independent review of the
viability of the plan before it is submitted to specific
Congressional committees..
Subsection (c) requires the Commission to submit a
legislative plan of action to establish and construct the
museum.
Subsection (d) instructs the Commission to hold a national
conference relating to the museum.
Section 5 permits the Commission to employ a director and
staff of the Commission and establish rates of pay in
Subsection (a).
Subsection (b) precludes Commission employees from being
considered a Federal employee.
Subsection (c) allows agencies to provide technical
assistance to the Commission but bans Federal employees being
detailed to the Commission.
Section 6 provides administrative provisions for the
Commission. Subsection (a) details compensation for serving as
a member of the Commission by prohibiting pay. Reimbursement of
expenses of Commission members is allowed.
Subsection (b) allows the Commission to accept donations.
Subsection (c) makes the Commission not subject to the
Federal Advisory Committee Act.
Section 7 provides for termination of the Commission.
Section 8 (a) tasks the Commission to be solely responsible
for acceptance of contributions for, and payment of expenses
of, the Commission.
Subsection (b) prohibits Federal funds from being utilized
to carry out this act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 398--Commission to Study the Potential Creation of a National
Women's History Museum Act
CBO estimates that enacting S. 398 would have no
significant effect on the federal budget. The legislation would
affect direct spending because it would authorize a new
commission to accept and spend monetary gifts. Therefore, pay-
as-you-go procedures apply. However, CBO estimates that the net
effect of the bill on direct spending would be insignificant.
Enacting S. 398 would not affect revenues.
S. 398 would establish a new commission to prepare a report
containing recommendations as well as a fundraising plan 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 rely on gifts and contributions to cover those costs.
S. 398 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. On April 15, 2014, CBO transmitted a cost estimate for
H.R. 863 as ordered reported by the House Committee on Natural
Resources on April 9, 2013. Each of those pieces of legislation
are similar to S. 398, and the CBO cost estimates are the same.
The CBO staff contact for this estimate is Marin Burnett.
The estimate was approved by Theresa Gullo, 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. 398.
The Act 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. 398, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 398, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the National Park Service at the
July 31, 2013, Subcommittee on National Parks hearing on S. 398
follows:
Statement of Stephanie Toothman, Associate Director, Cultural
Resources, Partnerships, and Science, National Park Service, Department
of the Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee to present the views of the Department of
the Interior on S. 398, a bill to establish the commission to
study the potential creation of a National Women's History
Museum, and for other purposes.
The Department does not oppose S. 398, but recommends the
amendment discussed below.
S. 398 would establish a Commission to study and report on
the potential creation of a national women's history museum. S.
398 directs the Commission to submit to the President and
Congress a report containing recommendations on the
availability and cost of collections to be acquired and housed
in the museum, the impact the museum may have on regional
women's history-related museums, possible locations within
Washington, D.C. or its environs, whether the museum should be
part of the Smithsonian Institution, the governance and
organizational structure from which the museum should operate,
how to engage women in the development and design of a museum,
and the cost of constructing, operating, and maintaining the
museum.
The Commission, consisting of eight members appointed by
the congressional leadership, would convene a national
conference on the museum no later than eighteen months after
its appointment and submit recommendations for a plan of action
for the establishment and maintenance of a museum no later than
eighteen months after their first meeting.
Section 4(a)(2)(C) of S. 398 directs the Commission to
recommend potential locations, including the location on land
bounded by Independence Avenue SW., 14th Street SW., 15th
Street SW., and Jefferson Drive SW., in Washington, D.C. This
area has several constraints. First, it is located on the
Washington Monument grounds. an area treasured for its open
space and natural setting. Second, the museum's development
potential will likely be significantly constrained by the
area's size and configuration. Third, this location is also
within the Reserve as defined by the Commemorative Works Act
(CWA), 40 U.S. Code, Section 89 (Section 8908(c)). In the 2003
Amendments to the CWA, Congress declared the Reserve a
``substantially completed work of civic art,'' where no new
memorials may be located. The Reserve continues to protect the
National Mall's historic open space character enjoyed by
millions of Americans and visitors. Museum development on this
site is also precluded in the 2001 Memorials and Museums Master
Plan (Chapter 3, page 32), which continues to guide the
location of new memorials, museums, and related structures in
the Nation's Capital. This plan was the result of a multi-year
effort by the National Capital Planning Commission, the US
Commission of Fine Arts, the National Capital Memorial Advisory
Commission and the National Park Service. We recommend amending
the bill by deleting this specific location as a potential site
for the museum. There are a number of sites within the
monumental core that are worthy of consideration for a museum
of this importance, as identified in the Monumental Core
Framework Plan which identifies preferred sites for new
museums.
We support, in concept, the proposal to further the
education and interpretation of significant segments of
American history and culture. However, we feel strongly that
this Commission move forward in a way that does not contravene
the CWA.
We appreciate the opportunity to testify on S. 398. We
would like the opportunity to work with the subcommittee to
address our proposed amendment, and we urge the subcommittee to
consult with other relevant agencies as the bill moves forward.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 398, as ordered
reported.