[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 869 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 869
To establish the Commission to Study the Potential Creation of a
National Museum of Asian Pacific American History and Culture, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 3, 2017
Ms. Meng (for herself, Ms. Judy Chu of California, Mr. Ted Lieu of
California, Mr. Meeks, Ms. Velazquez, and Mr. Swalwell of California)
introduced the following bill; which was referred to the Committee on
Natural Resources, and in addition to the Committee on House
Administration, 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 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. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the
Commission to Study the Potential Creation of a National Museum
of Asian Pacific American History and Culture established by
section 3(a).
(2) Museum.--The term ``Museum'' means the National Museum
of Asian Pacific American History and Culture.
SEC. 3. 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.
(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) Prohibition.--No employee of the Federal Government may serve
as a member of the Commission.
(e) 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.
(f) 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.
(g) 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.
SEC. 4. 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 for the
establishment and maintenance of a National Museum of Asian
Pacific American History and Culture in Washington, DC.
(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 regional Asian
Pacific American history-related museums.
(C) Potential locations for the Museum in
Washington, DC, and its environs.
(D) Whether the Museum should be part of the
Smithsonian Institution.
(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 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 likely 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 Transportation and
Infrastructure, 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 Transportation and Infrastructure,
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 to establish
and construct 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 3, 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. 5. DIRECTOR AND STAFF OF COMMISSION.
(a) Director and Staff.--
(1) 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.
(2) Rates of pay.--Rates of pay for persons employed under
paragraph (1) shall be consistent with the rates of pay allowed
for employees of a temporary organization under section 3161 of
title 5, United States Code.
(b) Not Federal Employment.--Any individual employed under this Act
shall not be considered a Federal employee for the purpose of any law
governing Federal employment.
(c) Technical Assistance.--
(1) In general.--Subject to paragraph (2), on request of
the Commission, the head of a Federal agency may provide
technical assistance to the Commission.
(2) Prohibition.--No Federal employees may be detailed to
the Commission.
SEC. 6. 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.
(b) Gifts, Bequests, 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.
(c) Federal Advisory Committee Act.--The Commission shall not be
subject to the Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 7. 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 4 are submitted.
SEC. 8. FUNDING.
(a) In General.--The Commission shall be solely responsible for
acceptance of contributions for, and payment of the expenses of, the
Commission.
(b) Prohibition.--No Federal funds may be obligated to carry out
this Act.
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