I 

115TH CONGRESS 

1ST SESSION H. R. 868 

To establish within the Smithsonian Institution the 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. VELA ́ZQUEZ, and Mr. SWALWELL of California) 

introduced the following bill; which was referred to the Committee on 

House Administration, and in addition to the Committees on Transportation and Infrastructure, and Natural Resources, 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 within the Smithsonian Institution the National 

Museum of Asian Pacific American 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 ‘‘National Museum of 

5 Asian Pacific American History and Culture Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) BOARD OF REGENTS.—The term ‘‘Board of 

2 Regents’’ means the Board of Regents of the Smith3 sonian Institution. 

4 (2) COUNCIL.—The term ‘‘Council’’ means the 

5 National Museum of Asian Pacific American History 

6 and Culture Council established by section 4. 

7 (3) MUSEUM.—The term ‘‘Museum’’ means the 

8 National Museum of Asian Pacific American History 

9 and Culture established by section 3. 

10 (4) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Smithsonian Institution. 

12 SEC. 3. ESTABLISHMENT OF MUSEUM. 

13 (a) ESTABLISHMENT.—There is established within 

14 the Smithsonian Institution a museum to be known as the 

15 ‘‘National Museum of Asian Pacific American History and 

16 Culture’’. 

17 (b) PURPOSE.—The purpose of the Museum shall be 

18 to provide for— 

19 (1) the collection, study, and establishment of 

20 programs relating to Asian Pacific American life, 

21 art, history, and culture; 

22 (2) the creation and maintenance of permanent 

23 and temporary exhibits documenting the history of 

24 Asian Pacific American life, art, history, and cul25 ture; 


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1 (3) the collection and study of artifacts and 

2 documents relating to Asian Pacific American life, 

3 art, history, and culture; and 

4 (4) collaboration between the Museum and 

5 other museums, Asian American and Native Amer6 ican Pacific Islander-serving institutions, historical 

7 societies, educational institutions, and other organi8 zations that promote the study or appreciation of 

9 Asian Pacific American life, art, history, or culture, 

10 including collaboration concerning— 

11 (A) development of cooperative programs 

12 and exhibitions; 

13 (B) identification, management, and care 

14 of collections; and 

15 (C) training of museum professionals. 

16 SEC. 4. COUNCIL. 

17 (a) ESTABLISHMENT.—There is established within 

18 the Smithsonian Institution a council to be known as the 

19 ‘‘National Museum of Asian Pacific American History and 

20 Culture Council’’. 

21 (b) DUTIES.— 

22 (1) IN GENERAL.—The Council shall— 

23 (A) make recommendations to the Board 

24 of Regents concerning the planning, design, and 

25 construction of the Museum; 


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1 (B) advise and assist the Board of Regents 

2 on all matters relating to the administration, 

3 operation, maintenance, and preservation of the 

4 Museum; 

5 (C) recommend annual operating budgets 

6 for the Museum to the Board of Regents; 

7 (D) report annually to the Board of Re8 gents on the acquisition, disposition, and dis9 play of objects relating to Asian Pacific Amer10 ican life, art, history, and culture; and 

11 (E) adopt bylaws for the operation of the 

12 Council. 

13 (2) PRINCIPAL RESPONSIBILITIES.—The Coun14 cil, subject to the general policies of the Board of 

15 Regents, shall have sole authority to— 

16 (A) purchase, accept, borrow, and other17 wise acquire artifacts for addition to the collec18 tions of the Museum; 

19 (B) loan, exchange, sell, and otherwise dis20 pose of any part of the collections of the Mu21 seum, but only if the funds generated by that 

22 disposition are used for additions to the collec23 tions of the Museum; or 

24 (C) specify criteria with respect to the use 

25 of the collections and resources of the Museum, 


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1 including policies on programming, education, 

2 exhibitions, and research. 

3 (3) OTHER RESPONSIBILITIES.—The Council, 

4 subject to the general policies of the Board of Re5 gents, shall have authority— 

6 (A) to provide for preservation, restoration, 

7 and maintenance of the collections of the Mu8 seum; and 

9 (B) to solicit, accept, use, and dispose of 

10 gifts, bequests, and devises of personal property 

11 for the purpose of aiding and facilitating the 

12 work of the Museum. 

13 (c) COMPOSITION AND APPOINTMENT.— 

14 (1) IN GENERAL.—The Council shall be com15 posed of 19 voting members as provided under para16 graph (2). 

17 (2) VOTING MEMBERS.—The Council shall in18 clude the following voting members: 

19 (A) The Secretary of the Smithsonian In20 stitution. 

21 (B) One member of the Board of Regents, 

22 appointed by the Board of Regents. 

23 (C) Seventeen individuals appointed by the 

24 Board of Regents— 


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1 (i) taking into consideration individ2 uals recommended by organizations and 

3 entities that are committed to the advance4 ment of knowledge of Asian Pacific Amer5 ican life, art, history, and culture; and 

6 (ii) taking into consideration individ7 uals recommended by the members of the 

8 Council. 

9 (3) INITIAL APPOINTMENTS.—The Board of 

10 Regents shall make initial appointments to the 

11 Council under paragraph (2) not later than 180 

12 days after the date of enactment of this Act. 

13 (d) TERMS.— 

14 (1) IN GENERAL.—Except as provided in this 

15 subsection, each appointed member of the Council 

16 shall be appointed for a term of 3 years. 

17 (2) INITIAL APPOINTEES.—As designated by 

18 the Board of Regents at the time of appointment, of 

19 the voting members first appointed under subsection 

20 (c)(2)(C)— 

21 (A) six members shall be appointed for a 

22 term of 1 year; 

23 (B) six members shall be appointed for a 

24 term of 2 years; and 


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1 (C) five members shall be appointed for a 

2 term of 3 years. 

3 (3) REAPPOINTMENT.—A member of the Coun4 cil may be reappointed, except that no individual 

5 may serve on the Council for a total of more than 

6 2 terms. For purposes of this paragraph, the num7 ber of terms an individual serves on the Council 

8 shall not include any portion of a term for which an 

9 individual is appointed to fill a vacancy under para10 graph (4)(B). 

11 (4) VACANCIES.— 

12 (A) IN GENERAL.—A vacancy on the 

13 Council— 

14 (i) shall not affect the powers of the 

15 Council; and 

16 (ii) shall be filled in the same manner 

17 as the original appointment was made. 

18 (B) TERM.—Any member of the Council 

19 appointed to fill a vacancy occurring before the 

20 expiration of the term for which the member’s 

21 predecessor was appointed shall be appointed 

22 for the remainder of that term. 

23 (e) COMPENSATION.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), a member of the Council shall serve with3 out pay. 

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

5 Council shall be allowed travel expenses, including 

6 per diem in lieu of subsistence, at rates authorized 

7 for an employee of an agency under subchapter I of 

8 chapter 57 of title 5, United States Code, while 

9 away from the home or regular place of business of 

10 the member in the performance of the duties of the 

11 Council. 

12 (f) CHAIRPERSON.—By a majority vote of its voting 

13 members, the Council shall elect a chairperson from its 

14 members. 

15 (g) MEETINGS.— 

16 (1) IN GENERAL.—The Council shall meet at 

17 the call of the chairperson or on the written request 

18 of a majority of the voting members of the Council, 

19 but not fewer than twice each year. 

20 (2) INITIAL MEETINGS.—During the 1-year pe21 riod beginning on the date of the first meeting of the 

22 Council, the Council shall meet not fewer than 4 

23 times for the purpose of carrying out the duties of 

24 the Council under this Act. 


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1 (h) QUORUM.—A majority of the voting members of 

2 the Council holding office shall constitute a quorum for 

3 the purpose of conducting business, but a lesser number 

4 may receive information on behalf of the Council. 

5 SEC. 5. DIRECTOR AND STAFF OF THE MUSEUM. 

6 (a) DIRECTOR.— 

7 (1) IN GENERAL.—The Museum shall have a 

8 Director who shall be appointed by the Secretary, 

9 taking into consideration individuals recommended 

10 by the Council. 

11 (2) DUTIES.—The Director shall manage the 

12 Museum subject to the policies of the Board of Re13 gents. 

14 (b) STAFF.—The Secretary may appoint two addi15 tional employees to serve under the Director, except that 

16 such additional employees may be appointed without re17 gard to the provisions of title 5, United States Code, gov18 erning appointments in the competitive service. 

19 (c) PAY.—The employees appointed by the Secretary 

20 under subsection (b) may be paid without regard to the 

21 provisions of chapter 51 and subchapter III of chapter 53 

22 of title 5, United States Code, relating to classification 

23 of positions and General Schedule pay rates. 

24 SEC. 6. EDUCATIONAL AND LIAISON PROGRAMS. 

25 (a) IN GENERAL.— 


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1 (1) PROGRAMS AUTHORIZED.—The Director of 

2 the Museum may carry out educational and liaison 

3 programs in support of the goals of the Museum. 

4 (2) SPECIFIC ACTIVITIES DESCRIBED.—In car5 rying out this section, the Director shall— 

6 (A) carry out educational programs relat7 ing to Asian Pacific American life, art, history, 

8 and culture, including— 

9 (i) programs using digital, electronic, 

10 and interactive technologies; and 

11 (ii) programs carried out in collabora12 tion with elementary schools, secondary 

13 schools, and postsecondary schools; and 

14 (B) consult with the Director of the Insti15 tute of Museum and Library Services con16 cerning the grant and scholarship programs 

17 carried out under subsection (b). 

18 (b) GRANT AND SCHOLARSHIP PROGRAMS.—In con19 sultation with the Council and the Director of the Mu20 seum, the Director of the Institute of Museum and Li21 brary Services shall establish— 

22 (1) a grant program with the purpose of im23 proving operations, care of collections, and develop24 ment of professional management at Asian Pacific 

25 American museums; 


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1 (2) a grant program with the purpose of pro2 viding internship and fellowship opportunities at 

3 Asian Pacific American museums; and 

4 (3) a scholarship program with the purpose of 

5 assisting individuals who are pursuing careers or 

6 carrying out studies in the arts, humanities, and 

7 sciences in the study of Asian Pacific American life, 

8 art, history, and culture. 

9 SEC. 7. BUILDING FOR THE NATIONAL MUSEUM OF ASIAN 

10 PACIFIC AMERICAN HISTORY AND CULTURE. 

11 (a) IN GENERAL.— 

12 (1) LOCATION.— 

13 (A) IN GENERAL.—Not later than 12 

14 months after the date of the enactment of this 

15 Act, the Board of Regents, in consultation with 

16 the Secretary of the Interior, the Commission of 

17 Fine Arts, the National Capital Planning Com18 mission, and other Federal and local agencies, 

19 shall designate a site for the Museum. 

20 (B) TRANSFER TO SMITHSONIAN INSTITU21 TION.—If the site designated for the Museum is 

22 in an area that is under the administrative ju23 risdiction of a Federal agency, as soon as prac24 ticable after the date on which the designation 

25 is made, the head of the Federal agency shall 


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1 transfer to the Smithsonian Institution admin2 istrative jurisdiction over the area. 

3 (C) CONSULTATION.—The Board of Re4 gents shall carry out its duties under this para5 graph in consultation with the following: 

6 (i) The Chair of the National Capital 

7 Planning Commission. 

8 (ii) The Chair of the Commission on 

9 Fine Arts. 

10 (iii) The Chair of the Presidential 

11 Commission referred to in section 8. 

12 (iv) The Chair and Ranking Member 

13 of each of the following committees: 

14 (I) The Committee on Rules and 

15 Administration of the Senate. 

16 (II) The Committee on House 

17 Administration of the House of Rep18 resentatives. 

19 (III) The Committee on Trans20 portation and Infrastructure of the 

21 House of Representatives. 

22 (IV) The Committee on Appro23 priations of the Senate. 


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1 (V) The Committee on Appro2 priations of the House of Representa3 tives. 

4 (2) CONSTRUCTION OF BUILDING.—The Board 

5 of Regents, in consultation with the Council, may 

6 plan, design, and construct a building for the Mu7 seum, which shall be located at the site designated 

8 by the Board of Regents under this paragraph. 

9 (3) NONAPPLICABILITY OF PROVISIONS RELAT10 ING TO MONUMENTS AND COMMEMORATIVE

11 WORKS.—Chapter 89 of title 40, United States 

12 Code, shall not apply with respect to the Museum. 

13 (b) COST SHARING.—The Board of Regents shall 

14 pay— 

15 (1) 50 percent of the costs of carrying out this 

16 section from Federal funds; and 

17 (2) 50 percent of the costs of carrying out this 

18 section from non-Federal sources. 

19 SEC. 8. CONSIDERATION OF RECOMMENDATIONS OF PRESI20 DENTIAL COMMISSION. 

21 In carrying out their duties under this Act, the Coun22 cil and the Board of Regents shall take into consideration 

23 the reports and plans submitted by the National Museum 


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1 of Asian Pacific American History and Culture Plan for 

2 Action Presidential Commission. 

Æ 


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