117 HR 9070 IH: National Museum of American LGBTQ+ History and Culture Act
U.S. House of Representatives
2022-09-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
117th CONGRESS
2d Session
H. R. 9070
IN THE HOUSE OF REPRESENTATIVES
September 29, 2022
Mr. Pocan (for himself, Mr. Torres of New York, Mr. Takano, Mr. Pappas, Mr. Jones, Ms. Davids of Kansas, Mr. Cicilline, Mr. Sean Patrick Maloney of New York, Ms. Craig, Mr. Auchincloss, Ms. Barragán, Ms. Blunt Rochester, Ms. Bonamici, Mr. Brown of Maryland, Mr. Carter of Louisiana, Mr. Casten, Ms. Chu, Ms. Clarke of New York, Ms. Dean, Ms. DeGette, Ms. DelBene, Mr. Deutch, Mrs. Dingell, Mr. Espaillat, Mr. Evans, Mr. Gomez, Mr. Grijalva, Mr. Higgins of New York, Ms. Jacobs of California, Ms. Jayapal, Mr. Johnson of Georgia, Mr. Khanna, Ms. Lee of California, Mr. Lowenthal, Mr. Lynch, Mrs. Carolyn B. Maloney of New York, Ms. Meng, Mr. Nadler, Ms. Newman, Ms. Norton, Mr. Panetta, Mr. Payne, Mr. Raskin, Ms. Sánchez, Ms. Schakowsky, Mr. Schiff, Mr. David Scott of Georgia, Mr. Soto, Ms. Stansbury, Ms. Stevens, Ms. Titus, Ms. Tlaib, Mr. Tonko, Mrs. Trahan, Mr. Trone, Ms. Velázquez, Mrs. Watson Coleman, Mr. Welch, Ms. Bass, Ms. Wild, Mr. Moulton, and Mr. Bowman) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Transportation and Infrastructure, 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 American LGBTQ+ History and Culture, and for other purposes.
1.

Short title
This Act may be cited as the “National Museum of American LGBTQ+ History and Culture Act”.
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 American LGBTQ+ History and Culture Council established by section 4.
(3)

Museum
The term Museum means the National Museum of American LGBTQ+ History and Culture established by section 3.
(4)

Secretary
The term Secretary means the Secretary of the Smithsonian Institution.
3.

Establishment of museum
(a)

Establishment
There is established within the Smithsonian Institution a museum to be known as the “National Museum of American LGBTQ+ 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 American LGBTQ+ life, art, history, and culture;
(2)
the creation and maintenance of permanent and temporary exhibits documenting the history of American LGBTQ+ life, art, history, and culture;
(3)
the collection and study of artifacts and documents relating to American LGBTQ+ life, art, history, and culture; and
(4)
collaboration between the Museum and other museums, LGBTQ+-serving institutions, historical societies, educational institutions, and other organizations that promote the study or appreciation of American LGBTQ+ 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.
4.

Council
(a)

Establishment
There is established within the Smithsonian Institution a council to be known as the “National Museum of American LGBTQ+ 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 American LGBTQ+ 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 American LGBTQ+ 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.
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.
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 American LGBTQ+ 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 American LGBTQ+ museums;
(2)
a grant program with the purpose of providing internship and fellowship opportunities at American LGBTQ+ 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 American LGBTQ+ life, art, history, and culture.