[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3525 Enrolled Bill (ENR)]
H.R.3525
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty-two
An Act
To establish the Commission to Study the Potential Creation of a
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 ``Commission To Study the Potential
Creation of a National Museum of Asian Pacific American History and
Culture Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) In General.--There is established the Commission to Study the
Potential Creation of a National Museum of Asian Pacific American
History and Culture (hereafter in this Act referred to as the
``Commission'').
(b) Membership.--The Commission shall be composed of 8 members, of
whom--
(1) 2 members shall be appointed by the majority leader of the
Senate;
(2) 2 members shall be appointed by the Speaker of the House of
Representatives;
(3) 2 members shall be appointed by the minority leader of the
Senate; and
(4) 2 members shall be appointed by the minority leader of the
House of Representatives.
(c) Qualifications.--Members of the Commission shall be appointed
to the Commission from among individuals, or representatives of
institutions or entities, who possess--
(1)(A) a demonstrated commitment to the research, study, or
promotion of Asian Pacific American history, art, political or
economic status, or culture; and
(B)(i) expertise in museum administration;
(ii) expertise in fundraising for nonprofit or cultural
institutions;
(iii) experience in the study and teaching of Asian Pacific
American history;
(iv) experience in studying the issue of the representation of
Asian Pacific Americans in art, life, history, and culture at the
Smithsonian Institution; or
(v) extensive experience in public or elected service;
(2) experience in the administration of, or the planning for,
the establishment of, museums; or
(3) experience in the planning, design, or construction of
museum facilities.
(d) Deadline for Initial Appointment.--The initial members of the
Commission shall be appointed not later than the date that is 90 days
after the date of enactment of this Act.
(e) Vacancies.--A vacancy in the Commission--
(1) shall not affect the powers of the Commission; and
(2) shall be filled in the same manner as the original
appointment was made.
(f) Chairperson.--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.
(g) Prohibition.--No employee of the Federal Government may serve
as a member of the Commission.
SEC. 3. DUTIES OF THE COMMISSION.
(a) Reports.--
(1) Plan of action.--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
Asian Pacific American History and Culture in Washington, DC, and
its environs (hereafter in this Act referred to as the ``Museum'').
(2) Report on issues.--The Commission shall submit to the
President and Congress a report that addresses the following
issues:
(A) The availability and cost of collections to be acquired
and housed in the Museum.
(B) The impact of the Museum on existing Asian Pacific
American history-related museums.
(C) In consultation with the Smithsonian Institution,
develop criteria for evaluating possible locations for the
Museum in Washington, DC, and its environs.
(D) The feasibility of the Museum becoming part of the
Smithsonian Institution, taking into account the Museum's
potential impact on the Smithsonian's existing facilities
maintenance backlog, collections storage needs, and identified
construction or renovation costs for new or existing museums.
(E) The governance and organizational structure from which
the Museum should operate.
(F) Best practices for engaging Asian Pacific Americans in
the development and design of the Museum.
(G) The cost of constructing, operating, and maintaining
the Museum.
(3) Deadline.--The reports required under paragraphs (1) and
(2) shall be submitted not later than the date that is 18 months
after the date of the first meeting of the Commission.
(b) Fundraising Plan.--
(1) In general.--The Commission shall develop a fundraising
plan that will address the ability to support the establishment,
operation, and maintenance of the Museum through contributions from
the public.
(2) Considerations.--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.
(3) Independent review.--The Commission shall obtain an
independent review of the viability of the plan developed under
paragraph (1) and such review 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.
(4) Submission.--The Commission shall submit the plan developed
under paragraph (1) and the review conducted under paragraph (3) 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.
(c) Legislation To Carry Out Plan of Action.--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.
(d) National Conference.--Not later than 18 months after the date
on which the initial members of the Commission are appointed under
section 2, 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 Asian Pacific
Americans.
SEC. 4. ADMINISTRATIVE PROVISIONS.
(a) Compensation.--
(1) In general.--A member of the Commission--
(A) shall not be considered to be a Federal employee for
any purpose by reason of service on the Commission; and
(B) shall serve without pay.
(2) Travel expenses.--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.
(3) Gifts, bequests, and devises.--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.
(4) Federal advisory committee act.--The Commission shall not
be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
(b) Termination.--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.
(c) Funding.--
(1) In general.--The Commission shall be solely responsible for
acceptance of contributions for, and payment of the expenses of,
the Commission.
(2) Prohibition.--No Federal funds may be obligated to carry
out this Act.
(d) Director and Staff of Commission.--
(1) Director and staff.--
(A) In general.--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.
(B) Rates of pay.--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.
(2) Not federal employment.--Any individual employed under this
section shall not be considered a Federal employee for the purpose
of any law governing Federal employment.
(3) Technical assistance.--
(A) In general.--Subject to subparagraph (B), on request of
the Commission, the head of a Federal agency may provide
technical assistance to the Commission.
(B) Prohibition.--No Federal employees may be detailed to
the Commission.
SEC. 5. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.