[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9071 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9071

   To establish the Commission to Study the Potential Creation of a 
 National Museum of American LGBTQ+ History and Culture, and for other 
                               purposes.


_______________________________________________________________________


                    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. Barragan, 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. Sanchez, 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. Velazquez, 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 
     Natural Resources, and in addition to the Committees on House 
    Administration, and the Budget, 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 the Commission to Study the Potential Creation of a 
 National Museum of American LGBTQ+ 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 American LGBTQ+ 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 American LGBTQ+ 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 LGBTQ+ 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 American 
        LGBTQ+ history;
            (iv) experience in studying the issue of the representation 
        of LGBTQ+ 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 American LGBTQ+ History and Culture (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 American 
                LGBTQ+ history-related museums.
                    (C) In consultation with the Smithsonian 
                Institution, develop criteria for evaluating possible 
                locations for the Museum.
                    (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 LGBTQ+ 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 LGBTQ+ 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.
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