(PDF provides a complete and accurate display of this text.)
113th Congress Rept. 113-411
HOUSE OF REPRESENTATIVES
2d Session Part 2
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
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
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
(1) 2 members shall be appointed by the majority leader of
(2) 2 members shall be appointed by the Speaker of the House
(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
(iii) experience in the study and teaching of women's
(iv) experience in studying the issue of the representation
of women in art, life, history, and culture at the Smithsonian
(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
(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.
(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
(A) The availability and cost of collections to be
acquired and housed in the Museum.
(B) The impact of the Museum on regional women
(C) Potential locations for the Museum in Washington,
DC, and its environs.
(D) Whether the Museum should be part of the
(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
(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
SEC. 6. ADMINISTRATIVE PROVISIONS.
(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;
(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
(b) Prohibition.--No Federal funds may be obligated to carry out this
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
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.
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.
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
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.
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
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing