[House Report 109-584]
[From the U.S. Government Publishing Office]
109th Congress Rept. 109-584
HOUSE OF REPRESENTATIVES
2d Session Part 2
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COMMISSION TO STUDY THE POTENTIAL CREATION OF A NATIONAL MUSEUM OF THE
AMERICAN LATINO COMMUNITY ACT OF 2006
_______
September 25, 2006.--Ordered to be printed
_______
Mr. Ehlers, from the Committee on House Administration, submitted the
following
R E P O R T
[To accompany H.R. 2134]
[Including cost estimate of the Congressional Budget Office]
The Committee on House Administration, to whom was referred
the bill (H.R. 2134) to establish the Commission to Study the
Potential Creation of a National Museum of the American Latino
Community to develop a plan of action for the establishment and
maintenance of a National Museum of the American Latino
Community in Washington, DC, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission to Study the Potential
Creation of a National Museum of the American Latino Community Act of
2006''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) In General.--There is established the Commission to Study the
Potential Creation of a National Museum of the American Latino
Community (hereafter in this Act referred to as the ``Commission'').
(b) Membership.--The Commission shall consist of 23 members appointed
not later than 6 months after the date of the enactment of this Act as
follows:
(1) The President shall appoint 7 voting members.
(2) The Speaker of the House of Representatives, the minority
leader of the House of Representatives, the majority leader of
the Senate, and the minority leader of the Senate shall each
appoint 3 voting members.
(3) In addition to the members appointed under paragraph (2),
the Speaker of the House of Representatives, the minority
leader of the House of Representatives, the majority leader of
the Senate, and the minority leader of the Senate shall each
appoint 1 nonvoting member.
(c) Qualifications.--Members of the Commission shall be chosen from
among individuals, or representatives of institutions or entities, who
possess either--
(1) a demonstrated commitment to the research, study, or
promotion of American Latino life, art, history, political or
economic status, or culture, together with--
(A) expertise in museum administration;
(B) expertise in fundraising for nonprofit or
cultural institutions;
(C) experience in the study and teaching of Latino
culture and history at the post-secondary level;
(D) experience in studying the issue of the
Smithsonian Institution's representation of American
Latino art, life, history, and culture; or
(E) extensive experience in public or elected
service; or
(2) experience in the administration of, or the planning for
the establishment of, museums devoted to the study and
promotion of the role of ethnic, racial, or cultural groups in
American history.
SEC. 3. FUNCTIONS OF THE COMMISSION.
(a) Plan of Action for Establishment and Maintenance of Museum.--The
Commission shall submit a report to the President and the Congress
containing its recommendations with respect to a plan of action for the
establishment and maintenance of a National Museum of the American
Latino Community in Washington, DC (hereafter in this Act referred to
as the ``Museum'').
(b) Fundraising Plan.--The Commission shall develop a fundraising
plan for supporting the creation and maintenance of the Museum through
contributions by the American people, and a separate plan on
fundraising by the American Latino community.
(c) Report on Issues.--The Commission shall examine (in consultation
with the Secretary of the Smithsonian Institution), and submit a report
to the President and the Congress on, the following issues:
(1) The availability and cost of collections to be acquired
and housed in the Museum.
(2) The impact of the Museum on regional Hispanic- and
Latino-related museums.
(3) Possible locations for the Museum in Washington, DC and
its environs, to be considered in consultation with the
National Capital Planning Commission and the Commission of Fine
Arts.
(4) Whether the Museum should be located within the
Smithsonian Institution.
(5) The governance and organizational structure from which
the Museum should operate.
(6) How to engage the American Latino community in the
development and design of the Museum.
(d) Legislation to Carry Out Plan of Action.--Based on the
recommendations contained in the report submitted under subsection (a)
and the report submitted under subsection (c), the Commission shall
submit for consideration to the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee on House
Administration of the House of Representatives, the Committee on Rules
and Administration of the Senate, the Committee on Resources of the
House of Representatives, the Committee on Energy and Natural Resources
of the Senate, and the Committees on Appropriations of the House of
Representatives and the Senate recommendations for a legislative plan
of action to create and construct the Museum.
(e) National Conference.--In carrying out its functions under this
section, the Commission shall convene a national conference on the
Museum, comprised of individuals committed to the advancement of
American Latino life, art, history, and culture, not later than 9
months after the date of the enactment of this Act.
SEC. 4. ADMINISTRATIVE PROVISIONS.
(a) Facilities and Support of Secretary of Interior.--The Secretary
of the Interior shall provide the administrative services, facilities,
and funds necessary for the performance of the Commission's functions.
(b) Compensation.--Each member of the Commission who is not an
officer or employee of the Federal Government may receive compensation
for each day on which the member is engaged in the work of the
Commission, at a daily rate to be determined by the Secretary of the
Interior.
(c) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
SEC. 5. DEADLINE FOR SUBMISSION OF REPORTS; TERMINATION.
(a) Deadline.--The Commission shall submit final versions of the
reports and plans required under section 4 not later than 18 months
after the date of the enactment of this Act.
(b) Termination.--The Commission shall terminate not later than 30
days after submitting the final versions of reports and plans pursuant
to subsection (a).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for carrying out the
activities of the Commission $2,100,000 for fiscal year 2007 and
$1,100,000 for fiscal year 2008.
PURPOSE OF THE BILL
The purpose of H.R. 2134 is to establish the Commission to
Study the Potential Creation of a National Museum of the
American Latino Community to develop a plan of action for the
establishment and maintenance of a National Museum of the
American Latino Community in Washington, DC, and for other
purposes.
BACKGROUND AND NEED FOR LEGISLATION
The American Latino community is often recognized for its
rich traditions, sense of community and deeply rooted beliefs,
which are woven throughout the fabric of American History. As
the nation's fastest growing ethnic community, the Latino
population in America has more than doubled in size in the last
ten years to over 40 million, and continues to grow. As the
sponsor of this legislation has noted that, ``countless
Americans--Latinos and otherwise--believed that the mosaic
portrayed in Washington's museums was missing a few tiles.''
The creation of a National Museum of the American Latino
Community would enable American Latinos to tell their story,
and would create a destination for students, families and
visitors that would comprehensively depict Latino American
history.
In order to explore the possibility of creating such a
museum, the bill establishes a Commission to be created with 23
members--seven of whom would be appointed by the President, and
three voting and one non-voting each would be appointed by the
Speaker, the House Minority Leader, the Senate Majority Leader,
and the Senate Minority Leader. Once appointed, the
Commissioners would assess the cost of the museum, its impact
on other Hispanic- and Latino-related museums, identify a
possible location for the museum, and propose guidelines for
the museum's operation. The Commission will also work closely
with the Latino American community during the design and
development phase, to ensure that the museum accurately
captures the Latino American experience.
COMMITTEE ACTION AND VOTE
H.R. 2134 was introduced on May 5, 2005, by Congressman
Xavier Becerra (D-CA). The bill was referred to the Committee
on Resources as the primary Committee of jurisdiction with an
additional referral to the Committee on House Administration.
The additional referral to the Committee on House
Administration was due to references within the bill to the
Smithsonian Institution, which the Committee on House
Administration has jurisdiction over. The Committee on
Resources favorably reported the bill on July 20, 2006.
On July 27, 2006, the Committee on House Administration met
to consider the bill. The Chairman offered an amendment in the
nature of a substitute that changed two aspects of the bill.
The amendment changed Section 1, the short title, to the
``Commission to Study the Potential Creation of a National
Museum of the American Latino Community Act of 2006''. In
addition, it altered Section 6, authorization of
appropriations, to state, ``There are authorized to be
appropriated for carrying out the activities of the Commission
$2,100,000 for fiscal year 2007 and $1,100,000 for fiscal year
2008.'' The amendment was adopted and the Committee ordered the
amended bill reported to the House of Representatives by voice
vote.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to establish the Commission to Study
the Potential Creation of a National Museum of the American
Latino Community in Washington, DC, and for other purposes.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 8, 2006.
Hon. Vernon J. Ehlers,
Chairman, Committee on House Administration,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2134, the
Commission to Study the Potential Creation of a National Museum
of the American Latino Community Act of 2006.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Robert A. Sunshine
(For Donald B. Marron, Acting Director).
Enclosure.
H.R. 2134--Commission to Study the Potential Creation of a National
Museum of the American Latino Community Act of 2006
H.R. 2134 would establish a commission to develop a plan
for establishing and maintaining a National Museum of the
American Latino Community in Washington, D.C. Under the bill,
the 23-member commission would report its recommendations on
the museum to the Congress within 18 months of the
legislation's enactment. For the purpose of carrying out the
commission's responsibilities, the bill would authorize the
appropriation of $2.1 million for 2007 and $1.1 million for
2008.
Based on information provided by the National Park Service
and assuming appropriation of the amounts authorized for 2007
and 2008, CBO estimates that the federal government would spend
about $3 million over the next three years to establish the
commission and to develop a plan for the proposed museum. Most
of this amount would be spent for feasibility studies and other
research. We estimate that enacting H.R. 2134 would have no
effect on revenues or direct spending.
H.R. 2134 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.
On June 30, 2006, CBO transmitted a cost estimate for H.R.
2134 as ordered reported by the House Committee on Resources on
June 21, 2006. The two versions of this bill are very similar,
but the version approved by the Committee on Resources would
authorize appropriations for 2006 and 2007 rather than for 2007
and 2008. The CBO cost estimates reflect that difference.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CONSTITUTIONAL AUTHORITY
In compliance with clause 3(d)(1) of rule XIII, the
Committee states that Article 1, Section 8, Clause 18, of the
U.S. Constitution grants Congress the authority to make
necessary and proper laws to carry out the power to spend
Federal funds.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee states that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
House of Representatives, are incorporated in the descriptive
portions of this report.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.