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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3525 Enrolled Bill (ENR)]

        H.R.3525

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty-two

                                 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.

    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. 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) 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) 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) 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) 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.
        (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) 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.
        (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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