[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 868 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 868

To establish within the Smithsonian Institution the National Museum of 
  Asian Pacific American History and Culture, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 2017

  Ms. Meng (for herself, Ms. Judy Chu of California, Mr. Ted Lieu of 
 California, Mr. Meeks, Ms. Velazquez, and Mr. Swalwell of California) 
 introduced the following bill; which was referred to the Committee on 
      House Administration, and in addition to the Committees on 
Transportation and Infrastructure, and Natural Resources, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To establish within the Smithsonian Institution the National Museum of 
  Asian Pacific American History and Culture, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Museum of Asian Pacific 
American History and Culture Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Board of regents.--The term ``Board of Regents'' means 
        the Board of Regents of the Smithsonian Institution.
            (2) Council.--The term ``Council'' means the National 
        Museum of Asian Pacific American History and Culture Council 
        established by section 4.
            (3) Museum.--The term ``Museum'' means the National Museum 
        of Asian Pacific American History and Culture established by 
        section 3.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Smithsonian Institution.

SEC. 3. ESTABLISHMENT OF MUSEUM.

    (a) Establishment.--There is established within the Smithsonian 
Institution a museum to be known as the ``National Museum of Asian 
Pacific American History and Culture''.
    (b) Purpose.--The purpose of the Museum shall be to provide for--
            (1) the collection, study, and establishment of programs 
        relating to Asian Pacific American life, art, history, and 
        culture;
            (2) the creation and maintenance of permanent and temporary 
        exhibits documenting the history of Asian Pacific American 
        life, art, history, and culture;
            (3) the collection and study of artifacts and documents 
        relating to Asian Pacific American life, art, history, and 
        culture; and
            (4) collaboration between the Museum and other museums, 
        Asian American and Native American Pacific Islander-serving 
        institutions, historical societies, educational institutions, 
        and other organizations that promote the study or appreciation 
        of Asian Pacific American life, art, history, or culture, 
        including collaboration concerning--
                    (A) development of cooperative programs and 
                exhibitions;
                    (B) identification, management, and care of 
                collections; and
                    (C) training of museum professionals.

SEC. 4. COUNCIL.

    (a) Establishment.--There is established within the Smithsonian 
Institution a council to be known as the ``National Museum of Asian 
Pacific American History and Culture Council''.
    (b) Duties.--
            (1) In general.--The Council shall--
                    (A) make recommendations to the Board of Regents 
                concerning the planning, design, and construction of 
                the Museum;
                    (B) advise and assist the Board of Regents on all 
                matters relating to the administration, operation, 
                maintenance, and preservation of the Museum;
                    (C) recommend annual operating budgets for the 
                Museum to the Board of Regents;
                    (D) report annually to the Board of Regents on the 
                acquisition, disposition, and display of objects 
                relating to Asian Pacific American life, art, history, 
                and culture; and
                    (E) adopt bylaws for the operation of the Council.
            (2) Principal responsibilities.--The Council, subject to 
        the general policies of the Board of Regents, shall have sole 
        authority to--
                    (A) purchase, accept, borrow, and otherwise acquire 
                artifacts for addition to the collections of the 
                Museum;
                    (B) loan, exchange, sell, and otherwise dispose of 
                any part of the collections of the Museum, but only if 
                the funds generated by that disposition are used for 
                additions to the collections of the Museum; or
                    (C) specify criteria with respect to the use of the 
                collections and resources of the Museum, including 
                policies on programming, education, exhibitions, and 
                research.
            (3) Other responsibilities.--The Council, subject to the 
        general policies of the Board of Regents, shall have 
        authority--
                    (A) to provide for preservation, restoration, and 
                maintenance of the collections of the Museum; and
                    (B) to solicit, accept, use, and dispose of gifts, 
                bequests, and devises of personal property for the 
                purpose of aiding and facilitating the work of the 
                Museum.
    (c) Composition and Appointment.--
            (1) In general.--The Council shall be composed of 19 voting 
        members as provided under paragraph (2).
            (2) Voting members.--The Council shall include the 
        following voting members:
                    (A) The Secretary of the Smithsonian Institution.
                    (B) One member of the Board of Regents, appointed 
                by the Board of Regents.
                    (C) Seventeen individuals appointed by the Board of 
                Regents--
                            (i) taking into consideration individuals 
                        recommended by organizations and entities that 
                        are committed to the advancement of knowledge 
                        of Asian Pacific American life, art, history, 
                        and culture; and
                            (ii) taking into consideration individuals 
                        recommended by the members of the Council.
            (3) Initial appointments.--The Board of Regents shall make 
        initial appointments to the Council under paragraph (2) not 
        later than 180 days after the date of enactment of this Act.
    (d) Terms.--
            (1) In general.--Except as provided in this subsection, 
        each appointed member of the Council shall be appointed for a 
        term of 3 years.
            (2) Initial appointees.--As designated by the Board of 
        Regents at the time of appointment, of the voting members first 
        appointed under subsection (c)(2)(C)--
                    (A) six members shall be appointed for a term of 1 
                year;
                    (B) six members shall be appointed for a term of 2 
                years; and
                    (C) five members shall be appointed for a term of 3 
                years.
            (3) Reappointment.--A member of the Council may be 
        reappointed, except that no individual may serve on the Council 
        for a total of more than 2 terms. For purposes of this 
        paragraph, the number of terms an individual serves on the 
        Council shall not include any portion of a term for which an 
        individual is appointed to fill a vacancy under paragraph 
        (4)(B).
            (4) Vacancies.--
                    (A) In general.--A vacancy on the Council--
                            (i) shall not affect the powers of the 
                        Council; and
                            (ii) shall be filled in the same manner as 
                        the original appointment was made.
                    (B) Term.--Any member of the Council appointed to 
                fill a vacancy occurring before the expiration of the 
                term for which the member's predecessor was appointed 
                shall be appointed for the remainder of that term.
    (e) Compensation.--
            (1) In general.--Except as provided in paragraph (2), a 
        member of the Council shall serve without pay.
            (2) Travel expenses.--A member of the Council shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Council.
    (f) Chairperson.--By a majority vote of its voting members, the 
Council shall elect a chairperson from its members.
    (g) Meetings.--
            (1) In general.--The Council shall meet at the call of the 
        chairperson or on the written request of a majority of the 
        voting members of the Council, but not fewer than twice each 
        year.
            (2) Initial meetings.--During the 1-year period beginning 
        on the date of the first meeting of the Council, the Council 
        shall meet not fewer than 4 times for the purpose of carrying 
        out the duties of the Council under this Act.
    (h) Quorum.--A majority of the voting members of the Council 
holding office shall constitute a quorum for the purpose of conducting 
business, but a lesser number may receive information on behalf of the 
Council.

SEC. 5. DIRECTOR AND STAFF OF THE MUSEUM.

    (a) Director.--
            (1) In general.--The Museum shall have a Director who shall 
        be appointed by the Secretary, taking into consideration 
        individuals recommended by the Council.
            (2) Duties.--The Director shall manage the Museum subject 
        to the policies of the Board of Regents.
    (b) Staff.--The Secretary may appoint two additional employees to 
serve under the Director, except that such additional employees may be 
appointed without regard to the provisions of title 5, United States 
Code, governing appointments in the competitive service.
    (c) Pay.--The employees appointed by the Secretary under subsection 
(b) may be paid without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of title 5, United States Code, relating 
to classification of positions and General Schedule pay rates.

SEC. 6. EDUCATIONAL AND LIAISON PROGRAMS.

    (a) In General.--
            (1) Programs authorized.--The Director of the Museum may 
        carry out educational and liaison programs in support of the 
        goals of the Museum.
            (2) Specific activities described.--In carrying out this 
        section, the Director shall--
                    (A) carry out educational programs relating to 
                Asian Pacific American life, art, history, and culture, 
                including--
                            (i) programs using digital, electronic, and 
                        interactive technologies; and
                            (ii) programs carried out in collaboration 
                        with elementary schools, secondary schools, and 
                        postsecondary schools; and
                    (B) consult with the Director of the Institute of 
                Museum and Library Services concerning the grant and 
                scholarship programs carried out under subsection (b).
    (b) Grant and Scholarship Programs.--In consultation with the 
Council and the Director of the Museum, the Director of the Institute 
of Museum and Library Services shall establish--
            (1) a grant program with the purpose of improving 
        operations, care of collections, and development of 
        professional management at Asian Pacific American museums;
            (2) a grant program with the purpose of providing 
        internship and fellowship opportunities at Asian Pacific 
        American museums; and
            (3) a scholarship program with the purpose of assisting 
        individuals who are pursuing careers or carrying out studies in 
        the arts, humanities, and sciences in the study of Asian 
        Pacific American life, art, history, and culture.

SEC. 7. BUILDING FOR THE NATIONAL MUSEUM OF ASIAN PACIFIC AMERICAN 
              HISTORY AND CULTURE.

    (a) In General.--
            (1) Location.--
                    (A) In general.--Not later than 12 months after the 
                date of the enactment of this Act, the Board of 
                Regents, in consultation with the Secretary of the 
                Interior, the Commission of Fine Arts, the National 
                Capital Planning Commission, and other Federal and 
                local agencies, shall designate a site for the Museum.
                    (B) Transfer to smithsonian institution.--If the 
                site designated for the Museum is in an area that is 
                under the administrative jurisdiction of a Federal 
                agency, as soon as practicable after the date on which 
                the designation is made, the head of the Federal agency 
                shall transfer to the Smithsonian Institution 
                administrative jurisdiction over the area.
                    (C) Consultation.--The Board of Regents shall carry 
                out its duties under this paragraph in consultation 
                with the following:
                            (i) The Chair of the National Capital 
                        Planning Commission.
                            (ii) The Chair of the Commission on Fine 
                        Arts.
                            (iii) The Chair of the Presidential 
                        Commission referred to in section 8.
                            (iv) The Chair and Ranking Member of each 
                        of the following committees:
                                    (I) The Committee on Rules and 
                                Administration of the Senate.
                                    (II) The Committee on House 
                                Administration of the House of 
                                Representatives.
                                    (III) The Committee on 
                                Transportation and Infrastructure of 
                                the House of Representatives.
                                    (IV) The Committee on 
                                Appropriations of the Senate.
                                    (V) The Committee on Appropriations 
                                of the House of Representatives.
            (2) Construction of building.--The Board of Regents, in 
        consultation with the Council, may plan, design, and construct 
        a building for the Museum, which shall be located at the site 
        designated by the Board of Regents under this paragraph.
            (3) Nonapplicability of provisions relating to monuments 
        and commemorative works.--Chapter 89 of title 40, United States 
        Code, shall not apply with respect to the Museum.
    (b) Cost Sharing.--The Board of Regents shall pay--
            (1) 50 percent of the costs of carrying out this section 
        from Federal funds; and
            (2) 50 percent of the costs of carrying out this section 
        from non-Federal sources.

SEC. 8. CONSIDERATION OF RECOMMENDATIONS OF PRESIDENTIAL COMMISSION.

    In carrying out their duties under this Act, the Council and the 
Board of Regents shall take into consideration the reports and plans 
submitted by the National Museum of Asian Pacific American History and 
Culture Plan for Action Presidential Commission.
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