H.R. 1102 — Commission To Study the Potential of a National Museum of Italian American History and Culture Act

This section establishes the short title as the “Commission To Study the Potential of a National Museum of Italian American History and Culture Act.”

This section establishes the Commission to Study the Potential Creation of a National Museum of Italian American History and Culture and provides for 8 members, with 2 appointed by each of the majority and minority leaders of the Senate and House of Representatives. It requires appointees to have demonstrated commitment to Italian American history, art, political or economic status, or culture, and experience in museum administration, nonprofit or cultural fundraising, teaching Italian American history, studying Italian American representation at the Smithsonian Institution, public or elected service, museum planning, or museum design and construction. It requires the initial appointments to be made not later than 90 days after enactment, provides that vacancies do not affect the Commission’s powers and must be filled in the same manner as the original appointment, requires the members to select a chairperson by majority vote, and prohibits Federal employees from serving on the Commission.

This section directs the Commission to submit, not later than 18 months after its first meeting, two reports to the President and Congress: (1) recommendations for a plan of action on the feasibility of establishing and maintaining a National Museum of Italian American History and Culture in Washington, D.C., and the environs of the Museum, and (2) a report addressing the availability and cost of collections, the impact on existing Italian American history-related museums, location criteria developed in consultation with the Smithsonian Institution, the feasibility of the Museum becoming part of the Smithsonian Institution, the Museum’s governance and organizational structure, best practices for engaging Italian Americans in the Museum’s development and design, and the cost of constructing, operating, and maintaining the Museum. This section also directs the Commission to develop a fundraising plan to support the Museum’s establishment, operation, and maintenance through public contributions, including consideration of how to fund operations and maintenance in perpetuity without reliance on Federal appropriations, and to obtain an independent review of whether the plan can raise sufficient resources to fund construction and perpetual operations and maintenance without Federal appropriations. The Commission must submit the fundraising plan and independent review to the House and Senate committees on administration, natural resources, appropriations, rules, and energy and natural resources. This section further directs the Commission, based on its reports, to submit legislative recommendations for a plan of action on the feasibility of establishing and constructing the Museum to those same committees. Finally, this section authorizes the Commission to convene, not later than 18 months after the initial members are appointed, a national conference on the Museum for individuals committed to advancing the life, art, history, and culture of Italian Americans.

This section establishes the administrative rules for the Commission, including that members and staff generally are not considered Federal employees except for workers’ compensation under chapter 81 of title 5 and tort claims coverage under 28 U.S.C. §§ 2671–2680, while still being subject to annual financial disclosure under chapter 131 of title 5 and Federal conflict-of-interest laws under 18 U.S.C. §§ 201 and 208. It also provides that Commission members serve without pay but may receive per diem travel expenses at rates authorized under 5 U.S.C. chapter 57, subchapter I, and authorizes the Commission to solicit, accept, use, and dispose of gifts, bequests, and devises of money, services, or property to support its work. The section exempts the Commission from the Federal Advisory Committee Act (5 U.S.C. chapter 10), requires the Commission to terminate 30 days after the final reports required under section 3 are submitted, and prohibits the obligation of Federal funds to carry out the Act. It further authorizes the Commission to hire and compensate an executive director and other necessary staff at rates consistent with those allowed for employees of a temporary organization under 5 U.S.C. § 3161, and prohibits the detailing of Federal employees to the Commission while allowing Federal agencies to provide technical assistance on request.