HR1102-119

1. Short title This Act may be cited as the Commission To Study the Potential of a National Museum of Italian American History and Culture Act.

2. Establishment of Commission There is established the Commission to Study the Potential Creation of a National Museum of Italian American History and Culture (in this Act referred to as the Commission). The Commission shall be composed of 8 members, of whom— 2 members shall be appointed by the majority leader of the Senate; 2 members shall be appointed by the Speaker of the House of Representatives; 2 members shall be appointed by the minority leader of the Senate; and 2 members shall be appointed by the minority leader of the House of Representatives. Members of the Commission shall be appointed to the Commission from among individuals, or representatives of institutions or entities, who possess— a demonstrated commitment to the research, study, or promotion of Italian American history, art, political or economic status, or culture; expertise or experience in— museum administration; fundraising for nonprofit or cultural institutions; the study and teaching of Italian American history; studying the issue of the representation of Italian Americans in art, life, history, and culture at the Smithsonian Institution; or public or elected service that is extensive; experience in the administration of, or the planning for, the establishment of, museums; or experience in the planning, design, or construction of museum facilities. Not later than the date that is 90 days after the date of enactment of this Act, the initial members of the Commission shall be appointed under subsection (b). A vacancy in the Commission— shall not affect the powers of the Commission; and shall be filled in the same manner as the original appointment was made under subsection (b). 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. No employee of the Federal Government may serve as a member of the Commission.

3. Duties of the Commission The Commission shall submit to the President and Congress a report containing the recommendations of the Commission with respect to a plan of action regarding the feasibility of establishing and maintaining a National Museum of Italian American History and Culture in Washington, D.C., and the environs of such museum (in this Act referred to as the Museum). The Commission shall submit to the President and Congress a report that addresses the following: The availability and cost of collections to be acquired and housed in the Museum. The impact of the Museum on existing Italian American history-related museums. The development of criteria, in consultation with the Smithsonian Institution, for evaluating possible locations for the Museum in Washington, D.C., and the environs of such Museum. The feasibility of the Museum becoming part of the Smithsonian Institution, taking into account the potential impact of the Museum on the Smithsonian’s existing facilities maintenance backlog, collections storage needs, and identified construction or renovation costs for new or existing museums. The governance and organizational structure from which the Museum should operate. Best practices for engaging Italian Americans in the development and design of the Museum. The cost of constructing, operating, and maintaining the Museum. Not later than the date that is 18 months after the date of the first meeting of the Commission, the Commission shall submit the reports required under paragraphs (1) and (2). The Commission shall develop a fundraising plan that shall address the ability to support the establishment, operation, and maintenance of the Museum through contributions from the public. In developing the fundraising plan under paragraph (1), the Commission shall consider issues relating to funding the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds. The Commission shall obtain an independent review of the viability of the plan developed under paragraph (1). The independent review under subparagraph (A) shall include an analysis as to whether the plan is able 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. The Commission shall submit to the Committees on 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 the plan developed under paragraph (1) and the review conducted under paragraph (3). 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 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 on the feasibility of establishing and constructing the Museum. Not later than 18 months after the date on which the initial members of the Commission are appointed under section 2(b), 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 Italian Americans.

4. Administrative Provisions A member of the Commission— shall not be considered to be a Federal employee for any purpose other than for purposes of chapter 81 of title 5, United States Code (relating to compensation for injury) and sections 2671 through 2680 of title 28, United States Code (relating to tort claims), except that each such individual shall be— required to file an annual financial disclosure under chapter 131 of title 5, United States Code; and considered to be a Federal employee for purposes of sections 201 and 208 of title 18, United States Code; and shall serve without pay. 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. 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. The Commission shall not be subject to chapter 10 of title 5, United States Code. 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 3 are submitted. The Commission shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the Commission. No Federal funds may be obligated to carry out this Act. 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. 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. Any individual employed under this subsection shall not be considered a Federal employee for any purpose other than for purposes of chapter 81 of title 5, United States Code (relating to compensation for injury) and sections 2671 through 2680 of title 28, United States Code (relating to tort claims), except that each such individual shall be— required to file an annual financial disclosure under chapter 131 of title 5, United States Code; and considered to be a Federal employee for purposes of sections 201 and 208 of title 18, United States Code. Subject to subparagraph (B), on request of the Commission, the head of a Federal agency may provide technical assistance to the Commission. No Federal employees may be detailed to the Commission.