[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:
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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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