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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4001 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4001

   To establish a commission to study the potential transfer of the 
Weitzman National Museum of American Jewish History to the Smithsonian 
                  Institution, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 20, 2024

Mr. Casey (for himself, Mr. Crapo, Mr. Fetterman, Ms. Collins, and Ms. 
Rosen) introduced the following bill; which was read twice and referred 
              to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL

 
   To establish a commission to study the potential transfer of the 
Weitzman National Museum of American Jewish History to the Smithsonian 
                  Institution, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission to Study the Potential 
Transfer of the Weitzman National Museum of American Jewish History to 
the Smithsonian Institution Act''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    (a) In General.--There is established the Commission to Study the 
Potential Transfer of the Weitzman National Museum of American Jewish 
History to the Smithsonian Institution (hereafter in this Act referred 
to as the ``Commission'').
    (b) Membership.--The Commission shall be composed of 9 members, of 
whom--
            (1) 2 voting members shall be appointed by the majority 
        leader of the Senate;
            (2) 2 voting members shall be appointed by the Speaker of 
        the House of Representatives;
            (3) 2 voting members shall be appointed by the minority 
        leader of the Senate;
            (4) 2 voting members shall be appointed by the minority 
        leader of the House of Representatives; and
            (5) 1 nonvoting member shall be appointed by the board of 
        the Weitzman National Museum of American Jewish History.
    (c) Qualification.--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 Jewish American history, art, political or 
        economic status, or culture; and
            (B)(i) expertise in museum administration;
            (ii) expertise in fund-raising for nonprofit or cultural 
        institutions;
            (iii) experience in the study and teaching of Jewish 
        American history;
            (iv) experience in the study and teaching of combating and 
        countering antisemitism;
            (v) experience in studying the issue of the representation 
        of Jewish Americans in art, life, history, and culture at the 
        Smithsonian Institution; or
            (vi) extensive experience in public or elected service;
            (2) experience in the administration of, or the strategic 
        planning for, museums; or
            (3) experience in the planning or design of museum 
        facilities.
    (d) 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.
    (e) 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.
    (f) Chairperson.--The Commission shall, by majority vote of all of 
the voting members, select 1 member of the Commission to serve as the 
Chairperson of the Commission.
    (g) Prohibition.--No employee of the Federal Government may serve 
as a member of the Commission.

SEC. 3. DUTIES OF COMMISSION.

    (a) Reports and Other Deliverables.--Not later than 2 years after 
the date of the first meeting of the Commission, the Commission shall 
submit to the President and to Congress the report, plan, and 
recommendations described in paragraphs (1) through (3).
            (1) Report on issues.--A report that addresses the 
        following issues relating to the Weitzman National Museum of 
        American Jewish History in Philadelphia, PA, and its environs 
        (hereafter in this Act referred to as the ``Museum''):
                    (A) The collections held by the Museum at the time 
                of the report, the extent to which such collections are 
                already represented in the Smithsonian Institution and 
                Federal memorials at the time of the report, and the 
                availability and cost of future collections to be 
                acquired and housed in the Museum.
                    (B) The impact of the Museum on educational and 
                governmental efforts to study and counter antisemitism.
                    (C) The financial assets and liabilities held by 
                the Museum, and the cost of operating and maintaining 
                the Museum.
                    (D) The governance and organizational structure 
                from which the Museum should operate if transferred to 
                the Smithsonian Institution.
                    (E) The financial and legal considerations 
                associated with the potential transfer of the Museum to 
                the Smithsonian Institution, including--
                            (i) any donor or legal restrictions on the 
                        Museum's collections, endowments, and real 
                        estate;
                            (ii) costs associated with actions that 
                        will be necessary to resolve the status of 
                        employees of the Museum, if the Museum is 
                        transferred to the Smithsonian Institution; and
                            (iii) all additional costs for the 
                        Smithsonian Institution that would be 
                        associated with operating and maintaining a new 
                        museum outside of the Washington, DC, 
                        metropolitan area.
                    (F) The feasibility of the Museum becoming part of 
                the Smithsonian Institution, taking into account the 
                Museum's potential impact on the Smithsonian's existing 
                facilities maintenance backlog, collections storage 
                needs, and identified construction or renovation costs 
                for new or existing museums.
            (2) Fund-raising plan.--A fund-raising plan that addresses 
        the following topics:
                    (A) The ability to support the transfer, operation, 
                and maintenance of the Museum through contributions 
                from the public, including potential charges for 
                admission.
                    (B) Any potential issues with funding the 
                operations and maintenance of the Museum in perpetuity 
                without reliance on appropriations of Federal funds.
            (3) Legislative recommendations.--A report containing 
        recommendations regarding a legislative plan for transferring 
        the Museum to the Smithsonian Institution, which shall include 
        each of the following:
                    (A) Proposals regarding the time frame, one-time 
                appropriations level, and continuing appropriations 
                levels that might be included in such legislation.
                    (B) Recommendations for the future name of the 
                Museum if it is transferred to the Smithsonian 
                Institution.
    (b) National Conference.--Not later than 2 years after the date on 
which the initial members of the Commission are appointed under section 
2, 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 Jewish Americans.

SEC. 4. 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.
            (3) Gifts, bequests, and 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. Such gifts, bequests, or devises may be from the 
        Museum.
            (4) Federal advisory committee act.--Chapter 10 of title 5, 
        United States Code, shall not apply to the Commission.
    (b) Termination.--The Commission shall terminate on the date that 
is 30 days after the date on which the final versions of the report, 
plan, and recommendations required under section 3 are submitted.
    (c) Funding.--The Commission shall be solely responsible for 
acceptance of contributions for, and payment of the expenses of, the 
Commission.
    (d) Director and Staff of Commission.--
            (1) Director and staff.--
                    (A) 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.
                    (B) Rates of pay.--Rates of pay for persons 
                employed under subparagraph (A) shall be consistent 
                with the rates of pay allowed for employees of a 
                temporary organization under section 3161 of title 5, 
                United States Code.
            (2) Not federal employment.--Any individual employed under 
        this subsection shall not be considered a Federal employee for 
        the purpose of any law governing Federal employment.
            (3) Technical assistance.--
                    (A) In general.--Subject to subparagraph (B), on 
                request of the Commission, the head of a Federal agency 
                shall provide technical assistance to the Commission.
                    (B) Prohibition.--No Federal employees may be 
                detailed to the Commission.
            (4) Volunteer services.--Notwithstanding section 1342 of 
        title 31, United States Code, the Commission may accept and use 
        voluntary and uncompensated services as the Commission 
        determines necessary.
    (e) Administrative Support Services.--Upon request of the 
Commission, the Administrator of the General Services Administration 
shall provide to the Commission, on a reimbursable basis, the 
administrative support services necessary for the Commission to carry 
out its responsibilities under this Act. The involvement of the General 
Services Administration shall be limited to providing administrative 
support to the Commission, and such involvement shall terminate upon 
termination of the Commission.
    (f) Meeting Location.--The Commission may meet virtually or in-
person.
    (g) Appointment Delays.--The Commission may begin to meet and carry 
out activities under this Act before all members of the Commission have 
been appointed if--
            (1) 90 days have passed since the date of enactment of this 
        Act; and
            (2) a majority of the members of the Commission have been 
        appointed.
                                 <all>
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