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109th Congress                                            Rept. 109-584
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 2

======================================================================



 
COMMISSION TO STUDY THE POTENTIAL CREATION OF A NATIONAL MUSEUM OF THE 
                 AMERICAN LATINO COMMUNITY ACT OF 2006

                                _______
                                

               September 25, 2006.--Ordered to be printed

                                _______
                                

 Mr. Ehlers, from the Committee on House Administration, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2134]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on House Administration, to whom was referred 
the bill (H.R. 2134) to establish the Commission to Study the 
Potential Creation of a National Museum of the American Latino 
Community to develop a plan of action for the establishment and 
maintenance of a National Museum of the American Latino 
Community in Washington, DC, 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 Museum of the American Latino Community Act of 
2006''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

  (a) In General.--There is established the Commission to Study the 
Potential Creation of a National Museum of the American Latino 
Community (hereafter in this Act referred to as the ``Commission'').
  (b) Membership.--The Commission shall consist of 23 members appointed 
not later than 6 months after the date of the enactment of this Act as 
follows:
          (1) The President shall appoint 7 voting members.
          (2) The Speaker of the House of Representatives, the minority 
        leader of the House of Representatives, the majority leader of 
        the Senate, and the minority leader of the Senate shall each 
        appoint 3 voting members.
          (3) In addition to the members appointed under paragraph (2), 
        the Speaker of the House of Representatives, the minority 
        leader of the House of Representatives, the majority leader of 
        the Senate, and the minority leader of the Senate shall each 
        appoint 1 nonvoting member.
  (c) 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, study, or 
        promotion of American Latino life, art, history, political or 
        economic status, or culture, together with--
                  (A) expertise in museum administration;
                  (B) expertise in fundraising for nonprofit or 
                cultural institutions;
                  (C) experience in the study and teaching of Latino 
                culture and history at the post-secondary level;
                  (D) experience in studying the issue of the 
                Smithsonian Institution's representation of American 
                Latino art, life, history, and culture; or
                  (E) extensive experience in public or elected 
                service; or
          (2) experience in the administration of, or the planning for 
        the establishment of, museums devoted to the study and 
        promotion of the role of ethnic, racial, or cultural groups in 
        American history.

SEC. 3. FUNCTIONS OF THE COMMISSION.

  (a) Plan of Action for Establishment and Maintenance of Museum.--The 
Commission shall submit a report to the President and the Congress 
containing its recommendations with respect to a plan of action for the 
establishment and maintenance of a National Museum of the American 
Latino Community in Washington, DC (hereafter in this Act referred to 
as the ``Museum'').
  (b) Fundraising Plan.--The Commission shall develop a fundraising 
plan for supporting the creation and maintenance of the Museum through 
contributions by the American people, and a separate plan on 
fundraising by the American Latino community.
  (c) Report on Issues.--The Commission shall examine (in consultation 
with the Secretary of the Smithsonian Institution), and submit a report 
to the President and the Congress on, the following issues:
          (1) The availability and cost of collections to be acquired 
        and housed in the Museum.
          (2) The impact of the Museum on regional Hispanic- and 
        Latino-related museums.
          (3) Possible locations for the Museum in Washington, DC and 
        its environs, to be considered in consultation with the 
        National Capital Planning Commission and the Commission of Fine 
        Arts.
          (4) Whether the Museum should be located within the 
        Smithsonian Institution.
          (5) The governance and organizational structure from which 
        the Museum should operate.
          (6) How to engage the American Latino community in the 
        development and design of the Museum.
  (d) Legislation to Carry Out Plan of Action.--Based on the 
recommendations contained in the report submitted under subsection (a) 
and the report submitted under subsection (c), the Commission shall 
submit for consideration to the Committee on Transportation and 
Infrastructure of the House of Representatives, the Committee on House 
Administration of the House of Representatives, the Committee on Rules 
and Administration of the Senate, the Committee on 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 recommendations for a legislative plan 
of action to create and construct the Museum.
  (e) National Conference.--In carrying out its functions under this 
section, the Commission shall convene a national conference on the 
Museum, comprised of individuals committed to the advancement of 
American Latino life, art, history, and culture, not later than 9 
months after the date of the enactment of this Act.

SEC. 4. ADMINISTRATIVE PROVISIONS.

  (a) Facilities and Support of Secretary of Interior.--The Secretary 
of the Interior shall provide the administrative services, facilities, 
and funds necessary for the performance of the Commission's functions.
  (b) Compensation.--Each member of the Commission who is not an 
officer or employee of the Federal Government may receive compensation 
for each day on which the member is engaged in the work of the 
Commission, at a daily rate to be determined by the Secretary of the 
Interior.
  (c) Travel Expenses.--Each member shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with 
applicable provisions under subchapter I of chapter 57 of title 5, 
United States Code.

SEC. 5. DEADLINE FOR SUBMISSION OF REPORTS; TERMINATION.

  (a) Deadline.--The Commission shall submit final versions of the 
reports and plans required under section 4 not later than 18 months 
after the date of the enactment of this Act.
  (b) Termination.--The Commission shall terminate not later than 30 
days after submitting the final versions of reports and plans pursuant 
to subsection (a).

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated for carrying out the 
activities of the Commission $2,100,000 for fiscal year 2007 and 
$1,100,000 for fiscal year 2008.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2134 is to establish the Commission to 
Study the Potential Creation of a National Museum of the 
American Latino Community to develop a plan of action for the 
establishment and maintenance of a National Museum of the 
American Latino Community in Washington, DC, and for other 
purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The American Latino community is often recognized for its 
rich traditions, sense of community and deeply rooted beliefs, 
which are woven throughout the fabric of American History. As 
the nation's fastest growing ethnic community, the Latino 
population in America has more than doubled in size in the last 
ten years to over 40 million, and continues to grow. As the 
sponsor of this legislation has noted that, ``countless 
Americans--Latinos and otherwise--believed that the mosaic 
portrayed in Washington's museums was missing a few tiles.'' 
The creation of a National Museum of the American Latino 
Community would enable American Latinos to tell their story, 
and would create a destination for students, families and 
visitors that would comprehensively depict Latino American 
history.
    In order to explore the possibility of creating such a 
museum, the bill establishes a Commission to be created with 23 
members--seven of whom would be appointed by the President, and 
three voting and one non-voting each would be appointed by the 
Speaker, the House Minority Leader, the Senate Majority Leader, 
and the Senate Minority Leader. Once appointed, the 
Commissioners would assess the cost of the museum, its impact 
on other Hispanic- and Latino-related museums, identify a 
possible location for the museum, and propose guidelines for 
the museum's operation. The Commission will also work closely 
with the Latino American community during the design and 
development phase, to ensure that the museum accurately 
captures the Latino American experience.

                       COMMITTEE ACTION AND VOTE

    H.R. 2134 was introduced on May 5, 2005, by Congressman 
Xavier Becerra (D-CA). The bill was referred to the Committee 
on Resources as the primary Committee of jurisdiction with an 
additional referral to the Committee on House Administration. 
The additional referral to the Committee on House 
Administration was due to references within the bill to the 
Smithsonian Institution, which the Committee on House 
Administration has jurisdiction over. The Committee on 
Resources favorably reported the bill on July 20, 2006.
    On July 27, 2006, the Committee on House Administration met 
to consider the bill. The Chairman offered an amendment in the 
nature of a substitute that changed two aspects of the bill. 
The amendment changed Section 1, the short title, to the 
``Commission to Study the Potential Creation of a National 
Museum of the American Latino Community Act of 2006''. In 
addition, it altered Section 6, authorization of 
appropriations, to state, ``There are authorized to be 
appropriated for carrying out the activities of the Commission 
$2,100,000 for fiscal year 2007 and $1,100,000 for fiscal year 
2008.'' The amendment was adopted and the Committee ordered the 
amended bill reported to the House of Representatives by voice 
vote.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
    2. 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, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    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 Museum of the American 
Latino Community in Washington, DC, and for other purposes.
    4. Congressional Budget Office Cost Estimate. 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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 8, 2006.
Hon. Vernon J. Ehlers,
Chairman, Committee on House Administration,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2134, the 
Commission to Study the Potential Creation of a National Museum 
of the American Latino Community Act of 2006.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         Robert A. Sunshine
                           (For Donald B. Marron, Acting Director).
    Enclosure.

H.R. 2134--Commission to Study the Potential Creation of a National 
        Museum of the American Latino Community Act of 2006

    H.R. 2134 would establish a commission to develop a plan 
for establishing and maintaining a National Museum of the 
American Latino Community in Washington, D.C. Under the bill, 
the 23-member commission would report its recommendations on 
the museum to the Congress within 18 months of the 
legislation's enactment. For the purpose of carrying out the 
commission's responsibilities, the bill would authorize the 
appropriation of $2.1 million for 2007 and $1.1 million for 
2008.
    Based on information provided by the National Park Service 
and assuming appropriation of the amounts authorized for 2007 
and 2008, CBO estimates that the federal government would spend 
about $3 million over the next three years to establish the 
commission and to develop a plan for the proposed museum. Most 
of this amount would be spent for feasibility studies and other 
research. We estimate that enacting H.R. 2134 would have no 
effect on revenues or direct spending.
    H.R. 2134 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 June 30, 2006, CBO transmitted a cost estimate for H.R. 
2134 as ordered reported by the House Committee on Resources on 
June 21, 2006. The two versions of this bill are very similar, 
but the version approved by the Committee on Resources would 
authorize appropriations for 2006 and 2007 rather than for 2007 
and 2008. The CBO cost estimates reflect that difference.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis. 

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

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

                        CONSTITUTIONAL AUTHORITY

    In compliance with clause 3(d)(1) of rule XIII, the 
Committee states that Article 1, Section 8, Clause 18, of the 
U.S. Constitution grants Congress the authority to make 
necessary and proper laws to carry out the power to spend 
Federal funds.

                      COMMITTEE OVERSIGHT FINDINGS

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee states that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
House of Representatives, are incorporated in the descriptive 
portions of this report.

                        CHANGES IN EXISTING LAW

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