II 

113TH CONGRESS 

1ST SESSION S. 398 

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, and Mrs. FEINSTEIN) introduced the following bill; 

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

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Women’s His5 tory Museum Commission Act of 2013’’. 

6 SEC. 2. DEFINITIONS. 

7 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 Wom10 en’s 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 Speak16 er 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 at the post-secondary level; 

9 (iv) experience in studying the issue of the rep10 resentation of women in art, life, history, and cul11 ture at the Smithsonian Institution; or 

12 (v) extensive experience in public or elected 

13 service; 

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

15 planning for, the establishment of, museums; or 

16 (3) experience in the planning, design, or con17 struction of museum facilities. 

18 (d) PROHIBITION.—No employee of the Federal Gov19 ernment may serve as a member of the Commission. 

20 (e) DEADLINE FOR INITIAL APPOINTMENT.—The 

21 initial members of the Commission shall be appointed not 

22 later than the date that is 90 days after the date of enact23 ment of this Act. 

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


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1 (1) shall not affect the powers of the Commis2 sion; and 

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

4 original appointment was made. 

5 (g) CHAIRPERSON.—The Commission shall, by ma6 jority vote of all of the members, select 1 member of the 

7 Commission to serve as the Chairperson of the Commis8 sion. 

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 

14 with respect to a plan of action for the establishment 

15 and maintenance of a National Women’s History 

16 Museum 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 (including 


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1 the location located on public land bounded by 

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

3 15th Street SW., and Jefferson Drive SW., in 

4 Washington, DC, that is established subject to 

5 chapter 89 of title 40, United States Code 

6 (commonly known as the ‘‘Commemorative 

7 Works Act’’)). 

8 (D) Whether the Museum should be part 

9 of the Smithsonian Institution. 

10 (E) The governance and organizational 

11 structure from which the Museum should oper12 ate. 

13 (F) Best practices for engaging women in 

14 the development and design of the Museum. 

15 (G) The cost of constructing, operating, 

16 and maintaining the Museum. 

17 (3) DEADLINE.—The reports required under 

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

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

20 the first meeting of the Commission. 

21 (b) FUNDRAISING PLAN.— 

22 (1) IN GENERAL.—The Commission shall de23 velop a fundraising plan to support the establish24 ment and maintenance of the Museum through con25 tributions from the public. 


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1 (2) CONSIDERATIONS.—In developing the fund2 raising plan under paragraph (1), the Commission 

3 shall consider— 

4 (A) the role of the National Women’s His5 tory Museum (a nonprofit, educational organi6 zation described in section 501(c)(3) of the In7 ternal Revenue Code of 1986 that was incor8 porated in 1996 in Washington, DC, and dedi9 cated for the purpose of establishing a women’s 

10 history museum) in raising funds for the con11 struction of the Museum; and 

12 (B) issues relating to funding the oper13 ations and maintenance of the Museum in per14 petuity. 

15 (c) LEGISLATION TO CARRY OUT PLAN OF AC16 TION.—Based on the recommendations contained in the 

17 report submitted under paragraphs (1) and (2) of sub18 section (a), the Commission shall submit for consideration 

19 to the Committees on Transportation and Infrastructure, 

20 House Administration, Natural Resources, and Appropria21 tions of the House of Representatives and the Committees 

22 on Rules and Administration, Energy and Natural Re23 sources, Environment and Public Works, and Appropria24 tions of the Senate recommendations for a legislative plan 

25 of action to establish and construct the Museum. 


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

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

3 Commission are appointed under section 3, the Commis4 sion may, in carrying out the duties of the Commission 

5 under this section, convene a national conference relating 

6 to the Museum, to be comprised of individuals committed 

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

8 of women. 

9 SEC. 5. DIRECTOR AND STAFF OF COMMISSION. 

10 (a) DIRECTOR AND STAFF.— 

11 (1) IN GENERAL.—The Commission may em12 ploy and compensate an executive director and any 

13 other additional personnel that are necessary to en14 able the Commission to perform the duties of the 

15 Commission. 

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

17 employed under paragraph (1) shall be consistent 

18 with the rates of pay allowed for employees of a tem19 porary organization under section 3161 of title 5, 

20 United States Code. 

21 (b) NOT FEDERAL EMPLOYMENT.—Any individual 

22 employed under this Act shall not be considered a Federal 

23 employee for the purpose of any law governing Federal 

24 employment. 

25 (c) TECHNICAL ASSISTANCE.— 


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

2 request of the Commission, the head of a Federal 

3 agency may provide technical assistance to the Com4 mission. 

5 (2) PROHIBITION.—No Federal employees may 

6 be detailed to the Commission. 

7 SEC. 6. ADMINISTRATIVE PROVISIONS. 

8 (a) COMPENSATION.— 

9 (1) IN GENERAL.—A member of the Commis10 sion— 

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

12 employee for any purpose by reason of service 

13 on the Commission; and 

14 (B) shall serve without pay. 

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

16 Commission shall be allowed a per diem allowance 

17 for travel expenses, at rates consistent with the rates 

18 authorized under subchapter I of chapter 57 of title 

19 5, United States Code. 

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

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

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

23 the purpose of aiding or facilitating the work of the Com24 mission. 


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1 (c) FEDERAL ADVISORY COMMITTEE ACT.—The 

2 Commission shall not be subject to the Federal Advisory 

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

4 SEC. 7. TERMINATION. 

5 The Commission shall terminate on the date that is 

6 30 days after the date on which the final versions of the 

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

8 SEC. 8. FUNDING. 

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

10 responsible for acceptance of contributions for, and pay11 ment of the expenses of, the Commission. 

12 (b) PROHIBITION.—No Federal funds may be obli13 gated to carry out this Act. 

Æ 


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