[117th Congress Public Law 140]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 1259]]

Public Law 117-140
117th Congress

                                 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. <<NOTE: June 13, 2022 -  [H.R. 3525]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Commission To 
Study the Potential Creation of a National Museum of Asian Pacific 
American History and Culture Act.>> 
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) <<NOTE: Appointments.>>  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.

[[Page 136 STAT. 1260]]

    (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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Consultation.>>  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.

[[Page 136 STAT. 1261]]

            (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) <<NOTE: Deadline.>>  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.

[[Page 136 STAT. 1262]]

            (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.

    Approved June 13, 2022.

LEGISLATIVE HISTORY--H.R. 3525:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 117-297, Pt. 1 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 168 (2022):
            Apr. 26, considered and passed House.
            May 19, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022):
            June 13, Presidential remarks.

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