I 
117TH CONGRESS 
2D SESSION 
H. R. 9071 
To establish the Commission to Study the Potential Creation of a National 
Museum of American LGBTQ+ History and Culture, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2022 
Mr. POCAN (for himself, Mr. TORRES of New York, Mr. TAKANO, Mr. 
PAPPAS, Mr. JONES, Ms. DAVIDS of Kansas, Mr. CICILLINE, Mr. SEAN 
PATRICK MALONEY of New York, Ms. CRAIG, Mr. AUCHINCLOSS, Ms. 
BARRAGA´N, Ms. BLUNT ROCHESTER, Ms. BONAMICI, Mr. BROWN of 
Maryland, Mr. CARTER of Louisiana, Mr. CASTEN, Ms. CHU, Ms. 
CLARKE of New York, Ms. DEAN, Ms. DEGETTE, Ms. DELBENE, Mr. 
DEUTCH, Mrs. DINGELL, Mr. ESPAILLAT, Mr. EVANS, Mr. GOMEZ, Mr. 
GRIJALVA, Mr. HIGGINS of New York, Ms. JACOBS of California, Ms. 
JAYAPAL, Mr. JOHNSON of Georgia, Mr. KHANNA, Ms. LEE of California, 
Mr. LOWENTHAL, Mr. LYNCH, Mrs. CAROLYN B. MALONEY of New York, 
Ms. MENG, Mr. NADLER, Ms. NEWMAN, Ms. NORTON, Mr. PANETTA, 
Mr. PAYNE, Mr. RASKIN, Ms. SA´NCHEZ, Ms. SCHAKOWSKY, Mr. SCHIFF, 
Mr. DAVID SCOTT of Georgia, Mr. SOTO, Ms. STANSBURY, Ms. STEVENS, 
Ms. TITUS, Ms. TLAIB, Mr. TONKO, Mrs. TRAHAN, Mr. TRONE, Ms. 
VELA´ZQUEZ, Mrs. WATSON COLEMAN, Mr. WELCH, Ms. BASS, Ms. 
WILD, Mr. MOULTON, and Mr. BOWMAN) introduced the following bill; 
which was referred to the Committee on Natural Resources, and in addi-
tion 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 com-
mittee concerned 
A BILL 
To establish the Commission to Study the Potential Creation 
of a National Museum of American LGBTQ+ History 
and Culture, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives 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 American 
LGBTQ+ History and Culture Act’’. 
SEC. 2. ESTABLISHMENT OF COMMISSION. 
(a) IN GENERAL.—There is established the Commis-
sion to Study the Potential Creation of a National Mu-
seum of American LGBTQ+ History and Culture (here-
after in this Act referred to as the ‘‘Commission’’). 
(b) MEMBERSHIP.—The Commission shall be com-
posed of 8 members, of whom— 
(1) 2 members shall be appointed by the major-
ity leader of the Senate; 
(2) 2 members shall be appointed by the Speak-
er of the House of Representatives; 
(3) 2 members shall be appointed by the minor-
ity leader of the Senate; and 
(4) 2 members shall be appointed by the minor-
ity leader of the House of Representatives. 
(c) QUALIFICATIONS.—Members of the Commission 
shall be appointed to the Commission from among individ-
uals, or representatives of institutions or entities, who pos-
sess— 
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(1)(A) a demonstrated commitment to the re-
search, study, or promotion of LGBTQ+ history, 
art, political or economic status, or culture; and 
(B)(i) expertise in museum administration; 
(ii) expertise in fundraising for nonprofit or cul-
tural institutions; 
(iii) experience in the study and teaching of 
American LGBTQ+ history; 
(iv) experience in studying the issue of the rep-
resentation of LGBTQ+ Americans in art, life, his-
tory, 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 con-
struction 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 enact-
ment of this Act. 
(e) VACANCIES.—A vacancy in the Commission— 
(1) shall not affect the powers of the Commis-
sion; and 
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(2) shall be filled in the same manner as the 
original appointment was made. 
(f) CHAIRPERSON.—The Commission shall, by major-
ity vote of all of the members, select 1 member of the 
Commission to serve as the Chairperson of the Commis-
sion. 
(g) PROHIBITION.—No employee of the Federal Gov-
ernment 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 con-
taining the recommendations of the Commission 
with respect to a plan of action regarding the feasi-
bility of establishing and maintaining a National 
Museum of American LGBTQ+ History and Cul-
ture (hereafter in this Act referred to as the ‘‘Mu-
seum’’). 
(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 
American LGBTQ+ history-related museums. 
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(C) In consultation with the Smithsonian 
Institution, develop criteria for evaluating pos-
sible locations for the Museum. 
(D) The feasibility of the Museum becom-
ing part of the Smithsonian Institution, taking 
into account the Museum’s potential impact on 
the Smithsonian’s existing facilities mainte-
nance 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 oper-
ate. 
(F) Best practices for engaging LGBTQ+ 
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 de-
velop a fundraising plan that will address the ability 
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to support the establishment, operation, and mainte-
nance of the Museum through contributions from 
the public. 
(2) CONSIDERATIONS.—In developing the fund-
raising plan under paragraph (1), the Commission 
shall consider issues relating to funding the oper-
ations 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 re-
view 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 oper-
ations and maintenance of the Museum in perpetuity 
without reliance on appropriations of Federal funds. 
(4) SUBMISSION.—The Commission shall sub-
mit the plan developed under paragraph (1) and the 
review conducted under paragraph (3) to the Com-
mittees on House Administration, Natural Re-
sources, and Appropriations of the House of Rep-
resentatives and the Committees on Rules and Ad-
ministration, Energy and Natural Resources, and 
Appropriations of the Senate. 
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(c) LEGISLATION TO CARRY OUT PLAN
OF AC-
TION.—Based on the recommendations contained in the 
report submitted under paragraphs (1) and (2) of sub-
section (a), the Commission shall submit for consideration 
to the Committees on House Administration, Natural Re-
sources, and Appropriations of the House of Representa-
tives 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 Mu-
seum. 
(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 Commis-
sion 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 LGBTQ+ Americans. 
SEC. 4. ADMINISTRATIVE PROVISIONS. 
(a) COMPENSATION.— 
(1) IN GENERAL.—A member of the Commis-
sion— 
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(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 fa-
cilitating the work of the Commission. 
(4) FEDERAL ADVISORY COMMITTEE ACT.—The 
Commission shall not be subject to the Federal Advi-
sory 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. 
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(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 per-
sons employed under subparagraph (A) shall be 
consistent with the rates of pay allowed for em-
ployees of a temporary organization under sec-
tion 3161 of title 5, United States Code. 
(2) NOT
FEDERAL
EMPLOYMENT.—Any indi-
vidual employed under this section shall not be con-
sidered a Federal employee for the purpose of any 
law governing Federal employment. 
(3) TECHNICAL ASSISTANCE.— 
(A) IN
GENERAL.—Subject to subpara-
graph (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. 
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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, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
Æ 
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