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                                                       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.