IIB 

117TH CONGRESS 

2D SESSION H. R. 3525 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2022 

Received 

MAY 12, 2022 

Read twice and referred to the Committee on Energy and Natural Resources 

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. 

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


kjohnson on DSK79L0C42PROD with BILLS
2 

HR 3525 RFS

1 SECTION 1. SHORT TITLE. 

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

3 the Potential Creation of a National Museum of Asian Pa4 cific American History and Culture Act’’. 

5 SEC. 2. ESTABLISHMENT OF COMMISSION. 

6 (a) IN GENERAL.—There is established the Commis7 sion to Study the Potential Creation of a National Mu8 seum of Asian Pacific American History and Culture 

9 (hereafter in this Act referred to as the ‘‘Commission’’). 

10 (b) MEMBERSHIP.—The Commission shall be com11 posed of 8 members, of whom— 

12 (1) 2 members shall be appointed by the major13 ity leader of the Senate; 

14 (2) 2 members shall be appointed by the Speak15 er of the House of Representatives; 

16 (3) 2 members shall be appointed by the minor17 ity leader of the Senate; and 

18 (4) 2 members shall be appointed by the minor19 ity leader of the House of Representatives. 

20 (c) QUALIFICATIONS.—Members of the Commission 

21 shall be appointed to the Commission from among individ22 uals, or representatives of institutions or entities, who pos23 sess— 

24 (1)(A) a demonstrated commitment to the re25 search, study, or promotion of Asian Pacific AmerVerDate Sep 11 2014 22:51 May 12, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3525.RFS H3525

kjohnson on DSK79L0C42PROD with BILLS
3 

HR 3525 RFS

1 ican history, art, political or economic status, or cul2 ture; and 

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

4 (ii) expertise in fundraising for nonprofit or cul5 tural institutions; 

6 (iii) experience in the study and teaching of 

7 Asian Pacific American history; 

8 (iv) experience in studying the issue of the rep9 resentation of Asian Pacific Americans in art, life, 

10 history, and culture at the Smithsonian Institution; 

11 or 

12 (v) extensive experience in public or elected 

13 service; 

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

15 planning for, the establishment of, museums; or 

16 (3) experience in the planning, design, or con17 struction of museum facilities. 

18 (d) DEADLINE FOR INITIAL APPOINTMENT.—The 

19 initial members of the Commission shall be appointed not 

20 later than the date that is 90 days after the date of enact21 ment of this Act. 

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

23 (1) shall not affect the powers of the Commis24 sion; and 


kjohnson on DSK79L0C42PROD with BILLS
4 

HR 3525 RFS

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

2 original appointment was made. 

3 (f) CHAIRPERSON.—The Commission shall, by major4 ity vote of all of the members, select 1 member of the 

5 Commission to serve as the Chairperson of the Commis6 sion. 

7 (g) PROHIBITION.—No employee of the Federal Gov8 ernment may serve as a member of the Commission. 

9 SEC. 3. DUTIES OF THE COMMISSION. 

10 (a) REPORTS.— 

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

12 submit to the President and Congress a report con13 taining the recommendations of the Commission 

14 with respect to a plan of action regarding the feasi15 bility of establishing and maintaining a National 

16 Museum of Asian Pacific American History and Cul17 ture in Washington, DC, and its environs (hereafter 

18 in this Act referred to as the ‘‘Museum’’). 

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

20 submit to the President and Congress a report that 

21 addresses the following issues: 

22 (A) The availability and cost of collections 

23 to be acquired and housed in the Museum. 


kjohnson on DSK79L0C42PROD with BILLS
5 

HR 3525 RFS

1 (B) The impact of the Museum on existing 

2 Asian Pacific American history-related muse3 ums. 

4 (C) In consultation with the Smithsonian 

5 Institution, develop criteria for evaluating pos6 sible locations for the Museum in Washington, 

7 DC, and its environs. 

8 (D) The feasibility of the Museum becom9 ing part of the Smithsonian Institution, taking 

10 into account the Museum’s potential impact on 

11 the Smithsonian’s existing facilities mainte12 nance backlog, collections storage needs, and 

13 identified construction or renovation costs for 

14 new or existing museums. 

15 (E) The governance and organizational 

16 structure from which the Museum should oper17 ate. 

18 (F) Best practices for engaging Asian Pa19 cific Americans in the development and design 

20 of the Museum. 

21 (G) The cost of constructing, operating, 

22 and maintaining the Museum. 

23 (3) DEADLINE.—The reports required under 

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


kjohnson on DSK79L0C42PROD with BILLS
6 

HR 3525 RFS

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

2 the first meeting of the Commission. 

3 (b) FUNDRAISING PLAN.— 

4 (1) IN GENERAL.—The Commission shall de5 velop a fundraising plan that will address the ability 

6 to support the establishment, operation, and mainte7 nance of the Museum through contributions from 

8 the public. 

9 (2) CONSIDERATIONS.—In developing the fund10 raising plan under paragraph (1), the Commission 

11 shall consider issues relating to funding the oper12 ations and maintenance of the Museum in perpetuity 

13 without reliance on appropriations of Federal funds. 

14 (3) INDEPENDENT REVIEW.—The Commission 

15 shall obtain an independent review of the viability of 

16 the plan developed under paragraph (1) and such re17 view shall include an analysis as to whether the plan 

18 is able to achieve the level of resources necessary to 

19 fund the construction of the Museum and the oper20 ations and maintenance of the Museum in perpetuity 

21 without reliance on appropriations of Federal funds. 

22 (4) SUBMISSION.—The Commission shall sub23 mit the plan developed under paragraph (1) and the 

24 review conducted under paragraph (3) to the Com25 mittees on House Administration, Natural ReVerDate Sep 11 2014 22:51 May 12, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3525.RFS H3525

kjohnson on DSK79L0C42PROD with BILLS
7 

HR 3525 RFS

1 sources, and Appropriations of the House of Rep2 resentatives and the Committees on Rules and Ad3 ministration, Energy and Natural Resources, and 

4 Appropriations of the Senate. 

5 (c) LEGISLATION TO CARRY OUT PLAN OF AC6 TION.—Based on the recommendations contained in the 

7 report submitted under paragraphs (1) and (2) of sub8 section (a), the Commission shall submit for consideration 

9 to the Committees on House Administration, Natural Re10 sources, and Appropriations of the House of Representa11 tives and the Committees on Rules and Administration, 

12 Energy and Natural Resources, and Appropriations of the 

13 Senate recommendations for a legislative plan of action 

14 on the feasibility of establishing and constructing the Mu15 seum. 

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

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

18 Commission are appointed under section 2, the Commis19 sion may, in carrying out the duties of the Commission 

20 under this section, convene a national conference relating 

21 to the Museum, to be comprised of individuals committed 

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

23 of Asian Pacific Americans. 

24 SEC. 4. ADMINISTRATIVE PROVISIONS. 

25 (a) COMPENSATION.— 


kjohnson on DSK79L0C42PROD with BILLS
8 

HR 3525 RFS

1 (1) IN GENERAL.—A member of the Commis2 sion— 

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

4 employee for any purpose by reason of service 

5 on the Commission; and 

6 (B) shall serve without pay. 

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

8 Commission shall be allowed a per diem allowance 

9 for travel expenses, at rates consistent with those 

10 authorized under subchapter I of chapter 57 of title 

11 5, United States Code. 

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

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

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

15 or personal property for the purpose of aiding or fa16 cilitating the work of the Commission. 

17 (4) FEDERAL ADVISORY COMMITTEE ACT.—The 

18 Commission shall not be subject to the Federal Advi19 sory Committee Act (5 U.S.C. App.). 

20 (b) TERMINATION.—The Commission shall terminate 

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

22 final versions of the reports required under section 3 are 

23 submitted. 

24 (c) FUNDING.— 


kjohnson on DSK79L0C42PROD with BILLS
9 

HR 3525 RFS

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

2 solely responsible for acceptance of contributions for, 

3 and payment of the expenses of, the Commission. 

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

5 obligated to carry out this Act. 

6 (d) DIRECTOR AND STAFF OF COMMISSION.— 

7 (1) DIRECTOR AND STAFF.— 

8 (A) IN GENERAL.—The Commission may 

9 employ and compensate an executive director 

10 and any other additional personnel that are 

11 necessary to enable the Commission to perform 

12 the duties of the Commission. 

13 (B) RATES OF PAY.—Rates of pay for per14 sons employed under subparagraph (A) shall be 

15 consistent with the rates of pay allowed for em16 ployees of a temporary organization under sec17 tion 3161 of title 5, United States Code. 

18 (2) NOT FEDERAL EMPLOYMENT.—Any indi19 vidual employed under this section shall not be con20 sidered a Federal employee for the purpose of any 

21 law governing Federal employment. 

22 (3) TECHNICAL ASSISTANCE.— 

23 (A) IN GENERAL.—Subject to subpara24 graph (B), on request of the Commission, the 


kjohnson on DSK79L0C42PROD with BILLS
10 

HR 3525 RFS

1 head of a Federal agency may provide technical 

2 assistance to the Commission. 

3 (B) PROHIBITION.—No Federal employees 

4 may be detailed to the Commission. 

5 SEC. 5. DETERMINATION OF BUDGETARY EFFECTS. 

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

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

8 shall be determined by reference to the latest statement 

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

10 Act, submitted for printing in the Congressional Record 

11 by the Chairman of the House Budget Committee, pro12 vided that such statement has been submitted prior to the 

13 vote on passage. 

Passed the House of Representatives April 26, 2022. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


kjohnson on DSK79L0C42PROD with BILLS