II 

Calendar No. 630 

113TH CONGRESS 

2D SESSION S. 398 

[Report No. 113–290] 

To establish the Commission to Study the Potential Creation of a National 

Women’s History Museum, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 27, 2013 

Ms. COLLINS (for herself, Ms. MIKULSKI, Ms. MURKOWSKI, Ms. KLOBUCHAR, 

Ms. AYOTTE, Ms. STABENOW, Mrs. SHAHEEN, Mrs. MURRAY, Ms. LANDRIEU, Mrs. BOXER, Mrs. FEINSTEIN, Ms. CANTWELL, Ms. WARREN, 

Mrs. MCCASKILL, Mrs. HAGAN, Ms. HIRONO, Mr. BENNET, Mr. SANDERS, Mrs. GILLIBRAND, Mr. WARNER, Mr. BOOKER, Ms. BALDWIN, Ms. 

HEITKAMP, Mrs. FISCHER, Mr. CARDIN, Mr. SCHATZ, Mr. KAINE, Mr. 

MARKEY, Mr. WYDEN, and Mr. COONS) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

DECEMBER 10, 2014 

Reported by Ms. LANDRIEU, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To establish the Commission to Study the Potential Creation 

of a National Women’s History Museum, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Women’s His3 tory Museum Commission Act of 2013’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) COMMISSION.—The term ‘‘Commission’’ 

7 means the Commission to Study the Potential Cre8 ation of a National Women’s History Museum estab9 lished by section 3(a). 

10 (2) MUSEUM.—The term ‘‘Museum’’ means the 

11 National Women’s History Museum. 

12 SEC. 3. ESTABLISHMENT OF COMMISSION. 

13 (a) IN GENERAL.—There is established the Commis14 sion to Study the Potential Creation of a National Wom15 en’s History Museum. 

16 (b) MEMBERSHIP.—The Commission shall be com17 posed of 8 members, of whom— 

18 (1) 2 members shall be appointed by the major19 ity leader of the Senate; 

20 (2) 2 members shall be appointed by the Speak21 er of the House of Representatives; 

22 (3) 2 members shall be appointed by the minor23 ity leader of the Senate; and 

24 (4) 2 members shall be appointed by the minor25 ity leader of the House of Representatives. 


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1 (c) QUALIFICATIONS.—Members of the Commission 

2 shall be appointed to the Commission from among individ3 uals, or representatives of institutions or entities, who pos4 sess— 

5 (1)(A) a demonstrated commitment to the re6 search, study, or promotion of women’s history, art, 

7 political or economic status, or culture; and 

8 (B)(i) expertise in museum administration; 

9 (ii) expertise in fundraising for nonprofit or cul10 tural institutions; 

11 (iii) experience in the study and teaching of 

12 women’s history at the post-secondary level; 

13 (iv) experience in studying the issue of the rep14 resentation of women in art, life, history, and cul15 ture at the Smithsonian Institution; or 

16 (v) extensive experience in public or elected 

17 service; 

18 (2) experience in the administration of, or the 

19 planning for, the establishment of, museums; or 

20 (3) experience in the planning, design, or con21 struction of museum facilities. 

22 (d) PROHIBITION.—No employee of the Federal Gov23 ernment may serve as a member of the Commission. 

24 (e) DEADLINE FOR INITIAL APPOINTMENT.—The 

25 initial members of the Commission shall be appointed not 


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1 later than the date that is 90 days after the date of enact2 ment of this Act. 

3 (f) VACANCIES.—A vacancy in the Commission–– 

4 (1) shall not affect the powers of the Commis5 sion; and 

6 (2) shall be filled in the same manner as the 

7 original appointment was made. 

8 (g) CHAIRPERSON.—The Commission shall, by ma9 jority vote of all of the members, select 1 member of the 

10 Commission to serve as the Chairperson of the Commis11 sion. 

12 SEC. 4. DUTIES OF THE COMMISSION. 

13 (a) REPORTS.— 

14 (1) PLAN OF ACTION.—The Commission shall 

15 submit to the President and Congress a report con16 taining the recommendations of the Commission 

17 with respect to a plan of action for the establishment 

18 and maintenance of a National Women’s History 

19 Museum in Washington, DC. 

20 (2) REPORT ON ISSUES.—The Commission shall 

21 submit to the President and Congress a report that 

22 addresses the following issues: 

23 (A) The availability and cost of collections 

24 to be acquired and housed in the Museum. 


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1 (B) The impact of the Museum on regional 

2 women history-related museums. 

3 (C) Potential locations for the Museum in 

4 Washington, DC, and its environs (including 

5 the location located on public land bounded by 

6 Independence Avenue SW., 14th Street SW., 

7 15th Street SW., and Jefferson Drive SW., in 

8 Washington, DC, that is established subject to 

9 chapter 89 of title 40, United States Code 

10 (commonly known as the ‘‘Commemorative 

11 Works Act’’)). 

12 (D) Whether the Museum should be part 

13 of the Smithsonian Institution. 

14 (E) The governance and organizational 

15 structure from which the Museum should oper16 ate. 

17 (F) Best practices for engaging women in 

18 the development and design of the Museum. 

19 (G) The cost of constructing, operating, 

20 and maintaining the Museum. 

21 (3) DEADLINE.—The reports required under 

22 paragraphs (1) and (2) shall be submitted not later 

23 than the date that is 18 months after the date of 

24 the first meeting of the Commission. 

25 (b) FUNDRAISING PLAN.— 


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1 (1) IN GENERAL.—The Commission shall de2 velop a fundraising plan to support the establish3 ment and maintenance of the Museum through con4 tributions from the public. 

5 (2) CONSIDERATIONS.—In developing the fund6 raising plan under paragraph (1), the Commission 

7 shall consider— 

8 (A) the role of the National Women’s His9 tory Museum (a nonprofit, educational organi10 zation described in section 501(c)(3) of the In11 ternal Revenue Code of 1986 that was incor12 porated in 1996 in Washington, DC, and dedi13 cated for the purpose of establishing a women’s 

14 history museum) in raising funds for the con15 struction of the Museum; and 

16 (B) issues relating to funding the oper17 ations and maintenance of the Museum in per18 petuity. 

19 (c) LEGISLATION TO CARRY OUT PLAN OF AC20 TION.—Based on the recommendations contained in the 

21 report submitted under paragraphs (1) and (2) of sub22 section (a), the Commission shall submit for consideration 

23 to the Committees on Transportation and Infrastructure, 

24 House Administration, Natural Resources, and Appropria25 tions of the House of Representatives and the Committees 


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1 on Rules and Administration, Energy and Natural Re2 sources, Environment and Public Works, and Appropria3 tions of the Senate recommendations for a legislative plan 

4 of action to establish and construct the Museum. 

5 (d) NATIONAL CONFERENCE.—Not later than 18 

6 months after the date on which the initial members of the 

7 Commission are appointed under section 3, the Commis8 sion may, in carrying out the duties of the Commission 

9 under this section, convene a national conference relating 

10 to the Museum, to be comprised of individuals committed 

11 to the advancement of the life, art, history, and culture 

12 of women. 

13 SEC. 5. DIRECTOR AND STAFF OF COMMISSION. 

14 (a) DIRECTOR AND STAFF.— 

15 (1) IN GENERAL.—The Commission may em16 ploy and compensate an executive director and any 

17 other additional personnel that are necessary to en18 able the Commission to perform the duties of the 

19 Commission. 

20 (2) RATES OF PAY.—Rates of pay for persons 

21 employed under paragraph (1) shall be consistent 

22 with the rates of pay allowed for employees of a tem23 porary organization under section 3161 of title 5, 

24 United States Code. 


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1 (b) NOT FEDERAL EMPLOYMENT.—Any individual 

2 employed under this Act shall not be considered a Federal 

3 employee for the purpose of any law governing Federal 

4 employment. 

5 (c) TECHNICAL ASSISTANCE.— 

6 (1) IN GENERAL.—Subject to paragraph (2), on 

7 request of the Commission, the head of a Federal 

8 agency may provide technical assistance to the Com9 mission. 

10 (2) PROHIBITION.—No Federal employees may 

11 be detailed to the Commission. 

12 SEC. 6. ADMINISTRATIVE PROVISIONS. 

13 (a) COMPENSATION.— 

14 (1) IN GENERAL.—A member of the Commis15 sion— 

16 (A) shall not be considered to be a Federal 

17 employee for any purpose by reason of service 

18 on the Commission; and 

19 (B) shall serve without pay. 

20 (2) TRAVEL EXPENSES.—A member of the 

21 Commission shall be allowed a per diem allowance 

22 for travel expenses, at rates consistent with the rates 

23 authorized under subchapter I of chapter 57 of title 

24 5, United States Code. 


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1 (b) GIFTS, BEQUESTS, DEVISES.—The Commission 

2 may solicit, accept, use, and dispose of gifts, bequests, or 

3 devises of money, services, or real or personal property for 

4 the purpose of aiding or facilitating the work of the Com5 mission. 

6 (c) FEDERAL ADVISORY COMMITTEE ACT.—The 

7 Commission shall not be subject to the Federal Advisory 

8 Committee Act (5 U.S.C. App.). 

9 SEC. 7. TERMINATION. 

10 The Commission shall terminate on the date that is 

11 30 days after the date on which the final versions of the 

12 reports required under section 4(a) are submitted. 

13 SEC. 8. FUNDING. 

14 (a) IN GENERAL.—The Commission shall be solely 

15 responsible for acceptance of contributions for, and pay16 ment of the expenses of, the Commission. 

17 (b) PROHIBITION.—No Federal funds may be obli18 gated to carry out this Act. 

19 SECTION 1. SHORT TITLE. 

20 This Act may be cited as the ‘‘Commission to Study 

21 the Potential Creation of a National Women’s History Mu22 seum Act’’. 

23 SEC. 2. DEFINITIONS. 

24 In this Act: 


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1 (1) COMMISSION.—The term ‘‘Commission’’ 

2 means the Commission to Study the Potential Cre3 ation of a National Women’s History Museum estab4 lished by section 3(a). 

5 (2) MUSEUM.—The term ‘‘Museum’’ means the 

6 National Women’s History Museum. 

7 SEC. 3. ESTABLISHMENT OF COMMISSION. 

8 (a) IN GENERAL.—There is established the Commis9 sion to Study the Potential Creation of a National Women’s 

10 History Museum. 

11 (b) MEMBERSHIP.—The Commission shall be com12 posed of 8 members, of whom— 

13 (1) 2 members shall be appointed by the major14 ity leader of the Senate; 

15 (2) 2 members shall be appointed by the Speaker 

16 of the House of Representatives; 

17 (3) 2 members shall be appointed by the minor18 ity leader of the Senate; and 

19 (4) 2 members shall be appointed by the minor20 ity leader of the House of Representatives. 

21 (c) QUALIFICATIONS.—Members of the Commission 

22 shall be appointed to the Commission from among individ23 uals, or representatives of institutions or entities, who pos24 sess— 


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1 (1)(A) a demonstrated commitment to the re2 search, study, or promotion of women’s history, art, 

3 political or economic status, or culture; and 

4 (B)(i) expertise in museum administration; 

5 (ii) expertise in fundraising for nonprofit or cul6 tural institutions; 

7 (iii) experience in the study and teaching of 

8 women’s history; 

9 (iv) experience in studying the issue of the rep10 resentation of women in art, life, history, and culture 

11 at the Smithsonian Institution; 

12 (v) extensive experience in public or elected serv13 ice; or 

14 (vi) experience as a professional historian with 

15 expertise in women’s history; 

16 (2) experience in the administration of, or the 

17 planning for, the establishment of, museums; or 

18 (3) experience in the planning, design, or con19 struction of museum facilities. 

20 (d) PROHIBITION.—No employee of the Federal Gov21 ernment may serve as a member of the Commission. 

22 (e) DEADLINE FOR INITIAL APPOINTMENT.—The ini23 tial members of the Commission shall be appointed not later 

24 than the date that is 90 days after the date of enactment 

25 of this Act. 


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1 (f) VACANCIES.—A vacancy in the Commission–– 

2 (1) shall not affect the powers of the Commission; 

3 and 

4 (2) shall be filled in the same manner as the 

5 original appointment was made. 

6 (g) CHAIRPERSON.—The Commission shall, by major7 ity vote of all of the members, select 1 member of the Com8 mission to serve as the Chairperson of the Commission. 

9 SEC. 4. DUTIES OF THE COMMISSION. 

10 (a) REPORTS.— 

11 (1) PLAN OF ACTION.—The Commission shall 

12 submit to the President and Congress a report con13 taining the recommendations of the Commission with 

14 respect to a plan of action for the establishment and 

15 maintenance of a National Women’s History Museum 

16 in Washington, DC. 

17 (2) REPORT ON ISSUES.—The Commission shall 

18 submit to the President and Congress a report that 

19 addresses the following issues: 

20 (A) The availability and cost of collections 

21 to be acquired and housed in the Museum. 

22 (B) The impact of the Museum on regional 

23 women history-related museums. 

24 (C) Potential locations for the Museum in 

25 Washington, DC, and its environs. 


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1 (D) Whether the Museum should be part of 

2 the Smithsonian Institution. 

3 (E) The governance and organizational 

4 structure from which the Museum should operate. 

5 (F) Best practices for engaging women in 

6 the development and design of the Museum. 

7 (G) The cost of constructing, operating, and 

8 maintaining the Museum. 

9 (3) DEADLINE.—The reports required under 

10 paragraphs (1) and (2) shall be submitted not later 

11 than the date that is 18 months after the date of the 

12 first meeting of the Commission. 

13 (b) FUNDRAISING PLAN.— 

14 (1) IN GENERAL.—The Commission shall develop 

15 a fundraising plan to support the establishment, oper16 ation, and maintenance of the Museum through con17 tributions from the public. 

18 (2) CONSIDERATIONS.—In developing the fund19 raising plan under paragraph (1), the Commission 

20 shall consider— 

21 (A) the role of the National Women’s His22 tory Museum (a nonprofit, educational organiza23 tion described in section 501(c)(3) of the Internal 

24 Revenue Code of 1986 that was incorporated in 

25 1996 in Washington, DC, and dedicated for the 


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1 purpose of establishing a women’s history mu2 seum) in raising funds for the construction of the 

3 Museum; and 

4 (B) issues relating to funding the operations 

5 and maintenance of the Museum in perpetuity 

6 without reliance on appropriations of Federal 

7 funds. 

8 (3) INDEPENDENT REVIEW.—The Commission 

9 shall obtain an independent review of the viability of 

10 the plan developed under paragraph (1) and such re11 view shall include an analysis as to whether the plan 

12 is likely to achieve the level of resources necessary to 

13 fund the construction of the Museum and the oper14 ations and maintenance of the Museum in perpetuity 

15 without reliance on appropriations of Federal funds. 

16 (4) SUBMISSION.—The Commission shall submit 

17 the plan developed under paragraph (1) and the re18 view conducted under paragraph (3) to the Commit19 tees on Transportation and Infrastructure, House Ad20 ministration, Natural Resources, and Appropriations 

21 of the House of Representatives and the Committees 

22 on Rules and Administration, Energy and Natural 

23 Resources, and Appropriations of the Senate. 

24 (c) LEGISLATION TO CARRY OUT PLAN OF ACTION.— 

25 Based on the recommendations contained in the report subVerDate Sep 11 2014 00:34 Dec 11, 2014 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\S398.RS S398

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1 mitted under paragraphs (1) and (2) of subsection (a), the 

2 Commission shall submit for consideration to the Commit3 tees on Transportation and Infrastructure, House Adminis4 tration, Natural Resources, and Appropriations of the 

5 House of Representatives and the Committees on Rules and 

6 Administration, Energy and Natural Resources, and Ap7 propriations of the Senate recommendations for a legisla8 tive plan of action to establish and construct the Museum. 

9 (d) NATIONAL CONFERENCE.—Not later than 18 

10 months after the date on which the initial members of the 

11 Commission are appointed under section 3, the Commission 

12 may, in carrying out the duties of the Commission under 

13 this section, convene a national conference relating to the 

14 Museum, to be comprised of individuals committed to the 

15 advancement of the life, art, history, and culture of women. 

16 SEC. 5. DIRECTOR AND STAFF OF COMMISSION. 

17 (a) DIRECTOR AND STAFF.— 

18 (1) IN GENERAL.—The Commission may employ 

19 and compensate an executive director and any other 

20 additional personnel that are necessary to enable the 

21 Commission to perform the duties of the Commission. 

22 (2) RATES OF PAY.—Rates of pay for persons 

23 employed under paragraph (1) shall be consistent 

24 with the rates of pay allowed for employees of a temVerDate Sep 11 2014 00:34 Dec 11, 2014 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\S398.RS S398

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1 porary organization under section 3161 of title 5, 

2 United States Code. 

3 (b) NOT FEDERAL EMPLOYMENT.—Any individual 

4 employed under this Act shall not be considered a Federal 

5 employee for the purpose of any law governing Federal em6 ployment. 

7 (c) TECHNICAL ASSISTANCE.— 

8 (1) IN GENERAL.—Subject to paragraph (2), on 

9 request of the Commission, the head of a Federal 

10 agency may provide technical assistance to the Com11 mission. 

12 (2) PROHIBITION.—No Federal employees may 

13 be detailed to the Commission. 

14 SEC. 6. ADMINISTRATIVE PROVISIONS. 

15 (a) COMPENSATION.— 

16 (1) IN GENERAL.—A member of the Commis17 sion— 

18 (A) shall not be considered to be a Federal 

19 employee for any purpose by reason of service on 

20 the Commission; and 

21 (B) shall serve without pay. 

22 (2) TRAVEL EXPENSES.—A member of the Com23 mission shall be allowed a per diem allowance for 

24 travel expenses, at rates consistent with those authorVerDate Sep 11 2014 00:34 Dec 11, 2014 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\S398.RS S398

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1 ized under subchapter I of chapter 57 of title 5, 

2 United States Code. 

3 (b) GIFTS, BEQUESTS, DEVISES.—The Commission 

4 may solicit, accept, use, and dispose of gifts, bequests, or 

5 devises of money, services, or real or personal property for 

6 the purpose of aiding or facilitating the work of the Com7 mission. 

8 (c) FEDERAL ADVISORY COMMITTEE ACT.—The Com9 mission shall not be subject to the Federal Advisory Com10 mittee Act (5 U.S.C. App.). 

11 SEC. 7. TERMINATION. 

12 The Commission shall terminate on the date that is 

13 30 days after the date on which the final versions of the 

14 reports required under section 4(a) are submitted. 

15 SEC. 8. FUNDING. 

16 (a) IN GENERAL.—The Commission shall be solely re17 sponsible for acceptance of contributions for, and payment 

18 of the expenses of, the Commission. 

19 (b) PROHIBITION.—No Federal funds may be obligated 

20 to carry out this Act. 


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Calendar No. 630 

113TH CONGRESS 

2D SESSION S. 398 

[Report No. 113–290] 

A BILL 

To establish the Commission to Study the Potential 

seum, and for other purposes. Creation of a National Women’s History MuDECEMBER 10, 2014 

Reported with an amendment 


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