I 

118TH CONGRESS 

1ST SESSION H. R. 6102 

To establish the Commission to Study the Potential Creation of a National 

Museum of American LGBTQI+ History and Culture, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 26, 2023 

Mr. POCAN (for himself, Mr. TAKANO, Ms. DAVIDS of Kansas, Mr. ROBERT

GARCIA of California, Ms. BALINT, Mr. TORRES of New York, Mr. 

PAPPAS, Ms. CRAIG, and Mr. SORENSEN) 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 LGBTQI+ History 

and Culture, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Commission To Study 

5 the Potential Creation of a National Museum of American 

6 LGBTQI+ History and Culture Act’’. 


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1 SEC. 2. ESTABLISHMENT OF COMMISSION. 

2 (a) IN GENERAL.—There is established the Commis3 sion to Study the Potential Creation of a National Mu4 seum of American LGBTQI+ History and Culture (here5 after in this Act referred to as the ‘‘Commission’’). 

6 (b) MEMBERSHIP.—The Commission shall be com7 posed of 8 members, of whom— 

8 (1) 2 members shall be appointed by the major9 ity leader of the Senate; 

10 (2) 2 members shall be appointed by the Speak11 er of the House of Representatives; 

12 (3) 2 members shall be appointed by the minor13 ity leader of the Senate; and 

14 (4) 2 members shall be appointed by the minor15 ity leader of the House of Representatives. 

16 (c) QUALIFICATIONS.—Members of the Commission 

17 shall be appointed to the Commission from among individ18 uals, or representatives of institutions or entities, who pos19 sess— 

20 (1)(A) a demonstrated commitment to the re21 search, study, or promotion of LGBTQI+ history, 

22 art, political or economic status, or culture; and 

23 (B)(i) expertise in museum administration; 

24 (ii) expertise in fundraising for nonprofit or cul25 tural institutions; 


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1 (iii) experience in the study and teaching of 

2 American LGBTQI+ history; 

3 (iv) experience in studying the issue of the rep4 resentation of LGBTQI+ Americans in art, life, his5 tory, and culture at the Smithsonian Institution; or 

6 (v) extensive experience in public or elected 

7 service; 

8 (2) experience in the administration of, or the 

9 planning for, the establishment of museums; or 

10 (3) experience in the planning, design, or con11 struction of museum facilities. 

12 (d) DEADLINE FOR INITIAL APPOINTMENT.—The 

13 initial members of the Commission shall be appointed not 

14 later than the date that is 90 days after the date of enact15 ment of this Act. 

16 (e) VACANCIES.—A vacancy in the Commission— 

17 (1) shall not affect the powers of the Commis18 sion; and 

19 (2) shall be filled in the same manner as the 

20 original appointment was made. 

21 (f) CHAIRPERSON.—The Commission shall, by major22 ity vote of all of the members, select 1 member of the 

23 Commission to serve as the Chairperson of the Commis24 sion. 


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1 (g) PROHIBITION.—No employee of the Federal Gov2 ernment may serve as a member of the Commission. 

3 SEC. 3. DUTIES OF THE COMMISSION. 

4 (a) REPORTS.— 

5 (1) PLAN OF ACTION.—The Commission shall 

6 submit to the President and Congress a report con7 taining the recommendations of the Commission 

8 with respect to a plan of action regarding the feasi9 bility of establishing and maintaining a National 

10 Museum of American LGBTQI+ History and Cul11 ture (hereafter in this Act referred to as the ‘‘Mu12 seum’’). 

13 (2) REPORT ON ISSUES.—The Commission shall 

14 submit to the President and Congress a report that 

15 addresses the following issues: 

16 (A) The availability and cost of collections 

17 to be acquired and housed in the Museum. 

18 (B) The impact of the Museum on existing 

19 American LGBTQI+ history-related museums. 

20 (C) In consultation with the Smithsonian 

21 Institution, develop criteria for evaluating pos22 sible locations for the Museum. 

23 (D) The feasibility of the Museum becom24 ing part of the Smithsonian Institution, taking 

25 into account the Museum’s potential impact on 


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1 the Smithsonian’s existing facilities mainte2 nance backlog, collections storage needs, and 

3 identified construction or renovation costs for 

4 new or existing museums. 

5 (E) The governance and organizational 

6 structure from which the Museum should oper7 ate. 

8 (F) Best practices for engaging 

9 LGBTQI+ Americans in the development and 

10 design of the Museum. 

11 (G) The cost of constructing, operating, 

12 and maintaining the Museum. 

13 (3) DEADLINE.—The reports required under 

14 paragraphs (1) and (2) shall be submitted not later 

15 than the date that is 18 months after the date of 

16 the first meeting of the Commission. 

17 (b) FUNDRAISING PLAN.— 

18 (1) IN GENERAL.—The Commission shall de19 velop a fundraising plan that will address the ability 

20 to support the establishment, operation, and mainte21 nance of the Museum through contributions from 

22 the public. 

23 (2) CONSIDERATIONS.—In developing the fund24 raising plan under paragraph (1), the Commission 

25 shall consider issues relating to funding the operVerDate Sep 11 2014 04:46 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6102.IH H6102

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1 ations and maintenance of the Museum in perpetuity 

2 without reliance on appropriations of Federal funds. 

3 (3) INDEPENDENT REVIEW.—The Commission 

4 shall obtain an independent review of the viability of 

5 the plan developed under paragraph (1) and such re6 view shall include an analysis as to whether the plan 

7 is able to achieve the level of resources necessary to 

8 fund the construction of the Museum and the oper9 ations and maintenance of the Museum in perpetuity 

10 without reliance on appropriations of Federal funds. 

11 (4) SUBMISSION.—The Commission shall sub12 mit the plan developed under paragraph (1) and the 

13 review conducted under paragraph (3) to the Com14 mittees on House Administration, Natural Re15 sources, and Appropriations of the House of Rep16 resentatives and the Committees on Rules and Ad17 ministration, Energy and Natural Resources, and 

18 Appropriations of the Senate. 

19 (c) LEGISLATION TO CARRY OUT PLAN OF AC20 TION.—Based on the recommendations contained in the 

21 report submitted under paragraphs (1) and (2) of sub22 section (a), the Commission shall submit for consideration 

23 to the Committees on House Administration, Natural Re24 sources, and Appropriations of the House of Representa25 tives and the Committees on Rules and Administration, 


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1 Energy and Natural Resources, and Appropriations of the 

2 Senate recommendations for a legislative plan of action 

3 on the feasibility of establishing and constructing the Mu4 seum. 

5 (d) NATIONAL CONFERENCE.—Not later than 18 

6 months after the date on which the initial members of the 

7 Commission are appointed under section 2, the Commis8 sion may, in carrying out the duties of the Commission 

9 under this section, convene a national conference relating 

10 to the Museum, to be comprised of individuals committed 

11 to the advancement of the life, art, history, and culture 

12 of LGBTQI+ Americans. 

13 SEC. 4. ADMINISTRATIVE PROVISIONS. 

14 (a) COMPENSATION.— 

15 (1) IN GENERAL.—A member of the Commis16 sion— 

17 (A) shall not be considered to be a Federal 

18 employee for any purpose by reason of service 

19 on the Commission; and 

20 (B) shall serve without pay. 

21 (2) TRAVEL EXPENSES.—A member of the 

22 Commission shall be allowed a per diem allowance 

23 for travel expenses, at rates consistent with those 

24 authorized under subchapter I of chapter 57 of title 

25 5, United States Code. 


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1 (3) GIFTS, BEQUESTS, AND DEVISES.—The 

2 Commission may solicit, accept, use, and dispose of 

3 gifts, bequests, or devises of money, services, or real 

4 or personal property for the purpose of aiding or fa5 cilitating the work of the Commission. 

6 (4) FEDERAL ADVISORY COMMITTEE ACT.—The 

7 Commission shall not be subject to the Federal Advi8 sory Committee Act (5 U.S.C. App.). 

9 (b) TERMINATION.—The Commission shall terminate 

10 on the date that is 30 days after the date on which the 

11 final versions of the reports required under section 3 are 

12 submitted. 

13 (c) FUNDING.— 

14 (1) IN GENERAL.—The Commission shall be 

15 solely responsible for acceptance of contributions for, 

16 and payment of the expenses of, the Commission. 

17 (2) PROHIBITION.—No Federal funds may be 

18 obligated to carry out this Act. 

19 (d) DIRECTOR AND STAFF OF COMMISSION.— 

20 (1) DIRECTOR AND STAFF.— 

21 (A) IN GENERAL.—The Commission may 

22 employ and compensate an executive director 

23 and any other additional personnel that are 

24 necessary to enable the Commission to perform 

25 the duties of the Commission. 


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1 (B) RATES OF PAY.—Rates of pay for per2 sons employed under subparagraph (A) shall be 

3 consistent with the rates of pay allowed for em4 ployees of a temporary organization under sec5 tion 3161 of title 5, United States Code. 

6 (2) NOT FEDERAL EMPLOYMENT.—Any indi7 vidual employed under this section shall not be con8 sidered a Federal employee for the purpose of any 

9 law governing Federal employment. 

10 (3) TECHNICAL ASSISTANCE.— 

11 (A) IN GENERAL.—Subject to subpara12 graph (B), on request of the Commission, the 

13 head of a Federal agency may provide technical 

14 assistance to the Commission. 

15 (B) PROHIBITION.—No Federal employees 

16 may be detailed to the Commission. 

17 SEC. 5. DETERMINATION OF BUDGETARY EFFECTS. 

18 The budgetary effects of this Act, for the purpose of 

19 complying with the Statutory Pay-As-You-Go Act of 2010, 

20 shall be determined by reference to the latest statement 

21 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

22 Act, submitted for printing in the Congressional Record 

23 by the Chairman of the House Budget Committee, proVerDate Sep 11 2014 04:46 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6102.IH H6102

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1 vided that such statement has been submitted prior to the 

2 vote on passage. 

Æ 


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