[House Report 113-411]
[From the U.S. Government Publishing Office]
113th Congress Rept. 113-411
HOUSE OF REPRESENTATIVES
2d Session Part 1
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COMMISSION TO STUDY THE POTENTIAL CREATION OF A NATIONAL WOMEN'S
HISTORY MUSEUM ACT OF 2013
_______
April 10, 2014.--Ordered to be printed
_______
Mrs. Miller of Michigan, from the Committee on House Administration,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 863]
[Including cost estimate of the Congressional Budget Office]
The Committee on House Administration, 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 without amendment and recommend that the bill
do pass.
PURPOSE AND SUMMARY
The purpose of the legislation is to establish a commission
to study the potential creation of a National Women's History
Museum in the Washington, DC area. The commission is charged
with submitting a report to the President and Congress, within
18 months of its first meeting, containing recommendations with
respect to the establishment of a museum. The eight-member
commission, equally appointed by bipartisan and bicameral
congressional leadership, is prohibited from using federal
funds and is solely responsible for payment of its expenses.
The commission terminates 30 days after submitting its final
report.
BACKGROUND AND NEED FOR MUSEUM
According to the U.S. Census Bureau, women comprise more
than half of our nation's population.\1\ Since our nation's
founding, women have made substantial contributions to the
economic, financial, political, and cultural fabric of our
society. Yet at the present time, there is no single museum in
the nation's capital dedicated to telling the comprehensive
story of women's history and preserving the legacies of women's
contributions to our nation.
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\1\United States Census Bureau, State & County Quickfacts, Mar. 27,
2014, http://quickfacts.census.gov/qfd/states/00000.html.
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Private efforts to establish a women's history museum have
been ongoing for many years. For example, the non-profit
National Women's History Museum (NWHM) was incorporated in 1996
and has worked towards obtaining a permanent museum site on or
near the National Mall.
Since the 105th Congress, various bills have been
introduced to advance the creation of a women's museum. In the
108th and 109th Congresses, legislation authorizing a 99-year
occupancy agreement with the NWHM at the Old Post Office
Pavilion annex passed the Senate by unanimous consent but the
House took no action.\2\ In the 111th Congress, the House
passed legislation conveying the Cotton Annex site to NHWM at
fair market value for the purposes of establishing the museum
but the Senate did not act on the legislation.\3\
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\2\S. 1741, 108th Cong. (as passed by Senate on Nov. 21, 2003); S.
501, 109th (as passed by Senate on July 29, 2005).
\3\H.R. 1700, 111th Cong. (as passed by House on Oct. 14, 2009).
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Museum Commissions
Precedent exists to establish a commission to study the
creation of a national museum, notably the National Museum of
African American History and Culture Plan for Action
Presidential Commission and the National Museum of the American
Latino Commission. These commissions examined a number of
issues surrounding the creation of national museums and their
reports, issued in 2003 and 2011 respectively, provided policy
guidance and recommendations to Congress and the President.\4\
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\4\National Museum of African American History and Culture Plan for
Action Presidential Commission, The Time Has Come Report to the
President and Congress (2003), http://nmaahceis.com/documents/
The_Time_Has_Come.pdf; National Museum of the American Latino
Commission, Final Report to the President and Congress of the United
States, to Illuminate the American Story for All (2011), http://
americanlatinomuseum.org/assets/NMAL_FINAL_Report.pdf.
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INCLUSION AS PART OF SMITHSONIAN INSTITUTION
The Commission is directed to consider whether the museum
should be part of the Smithsonian Institution, which is the
primary focus of this Committee. The two recent museum
commissions recommended those museums be part of the
Smithsonian. The issue warrants thorough review and reflection
by a commission as it has repercussions for the museum
including its governance and financing.
An affirmative decision dictates the governing structure of
the museum, as it would be integrated into the Smithsonian's
organizational structure. The museum would be subject to the
policies approved by the Smithsonian Board of Regents.
Over the last decade, the Smithsonian has added two major
facilities to its collection, and a third one, the National
Museum of African American History and Culture, is expected to
open by 2016, bringing the total number of Smithsonian museums
to 19.\5\ An additional museum added to the Smithsonian
portfolio would increase the demands on the Smithsonian for
fundraising and other support. The fully private funding model
for construction and maintenance contemplated in testimony
before the Committee departs from past approaches to creating
museums within the Smithsonian umbrella and would require
adapting those approaches to the private model.
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\5\The Udvar-Hazy Center, part of the Air and Space Museum, opened
in 2003. The National Museum of the American Indian opened in 2004.
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INTRODUCTION AND REFERRAL
On February 27, 2013, Congresswoman Carolyn B. Maloney
introduced H.R. 863, which was referred to the Committee on
Natural Resources, and in addition the Committee on House
Administration.
HEARINGS
On December 11, 2013, the Committee held a hearing on
``Establishing a Commission to Study the Potential Creation of
a National Women's History Museum.'' The Committee heard
testimony from the sponsor of H.R. 863, Rep. Carolyn Maloney
and an original cosponsor of the legislation, Rep. Marsha
Blackburn. In addition, Ms. Joan Wages, President and CEO of
the non-profit National Women's History Museum testified.
The witnesses testified regarding the need for a national
museum to serve as a repository for women's achievements and
the bipartisan support for the concept of such a museum. Ms.
Wages also elaborated on the fully private funding model
championed by her organization for the construction and
maintenance of a national women's history museum.
COMMITTEE CONSIDERATION
On April 2, 2014, the Committee on House Administration met
to consider H.R. 863. The Committee ordered the bill reported
favorably to the House without amendment by voice vote with a
quorum present.
COMMITTEE RECORD VOTES
In compliance with House Rule XIII, clause 3(b), requiring
the results of each record vote on an amendment or motion to
report, together with the names of those voting for and
against, to be printed in the Committee report, the Committee
states that there were no record votes during the Committee's
consideration of H.R. 863.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
In compliance with House Rule XIII, clause 3(c)(1), the
Committee states that the findings and recommendations of the
Committee, based on oversight activities under House Rule X,
clause 2(b)(1), are incorporated into the general discussion
section of this report.
STATEMENT OF BUDGET AUTHORITY AND RELATED ITEMS
The bill does not provide new budget authority, new
spending authority, new credit authority, or an increase or
decrease in revenues or tax expenditures and a statement under
House Rule XIII, clause 3(c)(2), and section 308(a)(1) of the
Congressional Budget Act of 1974 is not required.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 9, 2014.
Hon. Candice Miller,
Chairman, Committee on House Administration,
House of Representatives, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 863, the
Commission to Study the Potential Creation of a National
Women's History Museum Act of 2013.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 863--Commission to Study the Potential Creation of a National
Women's History Museum Act of 2013
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
governments.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
PERFORMANCE GOALS AND OBJECTIVES
In compliance with House Rule XIII, clause 3(c)(4), the
Committee states that the general discussion section of this
report includes a statement of the general performance goals
and objectives, including outcome-related goals and objectives,
for which H.R. 863 authorizes funding.
CONSTITUTIONAL AUTHORITY STATEMENT
Congress has the power to enact this legislation pursuant
to Article I, Section 8 of the U.S. Constitution granting
Congress the power ``To exercise exclusive Legislation in all
Cases whatsoever, over such District (not exceeding ten Miles
square) as may by Cession of particular States, and the
Acceptance of Congress, become the Seat of the Government of
the United States.''
ADVISORY ON EARMARKS
In accordance with House rule XXI, clause 9, the Committee
states that H.R. 863 does not contain any congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9(e), 9(f), or 9(g) of rule XXI.
SECTION-BY-SECTION DESCRIPTION OF LEGISLATION
Section 1 provides the title of the bill.
Section 2 provides definitions of key terms used in the
bill.
Section 3 establishes the commission, the qualifications of
its members, the selection process for the chair of the
commission and prohibits federal employees from serving as a
member of the commission.
Section 4 outlines the duties of the commission including
the submission of reports to Congress and the President within
18 months after its first meeting which provide a plan of
action for the establishment of the museum and examine issues
including collections; impact on regional women history-related
museums; potential locations; whether it should be part of the
Smithsonian; governance structure; engagement of women in the
running and construction of the museum; and costs of
constructing, operating and maintaining the museum. The section
directs the commission to develop a fundraising plan and
authorizes the commission to convene a national conference no
later than 18 months after appointment of commission members.
Section 5 authorizes the commission to employ staff and
federal agency heads to provide technical assistance, other
than detailed employees, to the commission.
Section 6 stipulates that commission members are not
considered federal employees and will not compensated; provides
for per diem allowance for travel expenses; authorizes the
commission to use, solicit, and accept gifts to aid the
commission's work; and provides that the commission is not
subject to the Federal Advisory Commission Act.
Section 7 provides that commission terminates 30 days after
issuing its final report.
Section 8 prohibits federal funds from being used to carry
out the act and stipulates that the commission is solely
responsible for the acceptance of contributions for and payment
of its expenses.
ADDITIONAL VIEWS
We strongly support the ``Commission to Study the Potential
Creation of a National Women's History Museum Act of 2013'', to
recognize the role and achievements of the women of America.
H.R. 863, the bill introduced by Rep. Carolyn Maloney of New
York to authorize the commission, was ordered reported
unanimously by the Committee on House Administration on April
2, 2014. The primary committee to which the legislation was
referred, Natural Resources, is expected to report the
legislation shortly.
The principal interest of our Committee is in whether such
a museum should become part of the Smithsonian Institution. The
commission created by H.R. 863 is directed to study pros and
cons of a potential Smithsonian affiliation, and that issue was
also discussed during testimony at our earlier hearing on this
legislation. A Smithsonian museum would be subject to direction
by that Institution's Board of Regents and its governance and
management structure. Two other recent national commissions
were authorized by Congress and both recommended that the
Smithsonian structure be used for the museums they were
studying: the National Museum of African American History and
Culture, currently under construction on the National Mall and
scheduled to open in less than two years; and the National
Museum of the American Latino, whose commission's report
submitted in 2011 is likely to receive a hearing soon in the
Committee on House Administration.
An alternative recommendation by the commission might be
for a National Women's History Museum to exist as an
independent entity, with its own governing board. In either
case, whether as a Smithsonian museum or independent, H.R. 863
anticipates that the museum will receive private donations but
no government funding.
In reporting H.R. 863, our Committee took no position on
the governance issue, but we have ample experience in
evaluating the Smithsonian's capabilities in building and
managing the large number of museums currently under its
control, and so we kept that option in the bill. The commission
should exercise its best judgment in determining what would
work best for this specific museum within the expected
budgetary constraints, and Congress would review those
recommendations in formulating later legislation to actually
create a museum.
One issue of concern to us relates to the size and
composition of the eight-member congressionally-appointed
commission proposed to be established in H.R. 863, and the
absence of any presidential appointees. In order to have a true
national museum, participation by the president is important in
order to give the commission the status and credibility, as
well as the variety of members, necessary to perform its tasks
and to help raise the necessary private funds when that time
comes. Both the African American Museum commission and the
American Latino Museum commission had seven presidential
appointees out of 23 members, with the majority appointed by
the congressional leadership.
There are no partisan issues concerning this legislation.
The commission needs to be seen as the national commitment that
it is, rather than be limited as a creature of the legislative
branch.
An amendment had been drafted by the Democratic staff,
which the House parliamentarian confirmed was within the
jurisdiction of the House Administration Committee to take up,
to establish presidential appointees in H.R. 863. Ranking
Member Brady alluded to the issue in his opening statement. But
the amendment was withheld during our markup at Chairman
Miller's request. The Committee on Natural Resources may
consider the issue in their role as the primary committee, at
their own markup, and we will continue to focus attention on
the issue during preparation of a final text of the bill for
action on the House floor.
Robert A. Brady.
Zoe Lofgren.
Juan Vargas.