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. 
H. R. 3525—2 

(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. 
H. R. 3525—3 

(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. 
H. R. 3525—4 

(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.