Public Law 117-140 passed June 13, 2022

Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act

Establishment of Commission

General

Established a Commission to Study the Potential Creation od a National Museum of Asian Pacific American History and Culture referred to as the “Commission”

Membership

Commission composed of 8 members.

  • 2 members, majority leader Senate

  • 2 members, majority leaders House of Representatives

  • 2 members, minority leader Senate

  • 2 members, minority leader House of Representatives

Qualifications

Members of the Commission who posses:

  • Demonstrate a commitment to research, study or promotion to Asian Pacific American history, art, policy, economic status or culture.

  • Expertise in museum administration

  • Expertise in fundraising for nonprofit or cultural institutions

  • Expertise in study and teaching Asian Pacific American history

  • Expertise in studying the issue of representation of APA in art, life, history and culture at the Smithsonian Institution

  • Extensive experience in public or elected service

  • Experience in administration of, or planning, the establishment of museums

  • Experience in planning, design, construction of museum facilities

Deadlines for Initial Appointment

No later than the date that is 90 days after the date of enactment of this Act.

Vacancies

Shall NOT affect the powers of the Commission and shall be filled in the same manner as the original appointment was made.

Chairperson

By majority vote of ALL members, select 1 member of the Commission to serve as the Chairperson.

Prohibition

NO employee of the Federal government may serve as a member of the Commission.

Duties of the Commission

Report

Plan of Action

The Commission will submit to the President and Congress a report containing the recommendations of a plan of action regarding the feasibility of establishing and maintaining a National Museum of Asian Pacific American History and Culture in Washington, DC.

Report on Issues

The Commission will submit to the President and Congress a report that addresses the following issues

    • Availability and cost of collections to be acquired and housed in the Museum.

    • Impact of the Museum on existing history-related museums.

    • Consultation with the Smithsonian Institution, to develop criteria for evaluating locations in Washington, DC and its environs.

    • Feasibility of the Museum becoming part of the Smithsonian Institution, taking into account it’s potential impact on the Smithsonian’s existing facilities maintenance backlog, collections storage needs, identified construction or renovation cost for new or existing museums.

    • Governance and organizational structure how the Museum should operate.

    • Best practices for development and design of the Museum.

    • Cost of constructing, operating, and maintaining the Museum.

Deadlines

    • A report submitted no later than 18 months after the date of the first meeting of the Commission.

Fundraising Plans

General

  • The Commission will develop a plan on fundraising to support the establishment, operation and maintenance of the Museum through public contributions.

Considerations

  • The Commission will consider issues relating to funding the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds.

Independent Review

  • An independent review of the viability of the plan 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 without Federal funds.

Submission

  • The plan will be submitted to:

    • The Committees on House Administration

    • Natural Resources

    • Appropriations of the House of Representatives

    • The Committees on rules and Administration

    • Energy and Natural Resources

    • Appropriations of the Senate

Legislation to Carry Out Plan of Action

Based on the recommendations contained on the report submitted, the Commission shall submit for recommendations for a legislative plan of action on the feasibility of establishing and constructing the Museum.

National Conference

No later than 18 months after the initial members of the Committee are appointed, the Commission may, 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.

Administrative Provisions

Compensation

General

  • A member of the Commission shall NOT be a Federal employee and shall serve WITHOUT pay.

Travel Expenses

  • A member of the Commission is allowed a per diem under the authorization if subchapter I of chapter 57 title 5 United States Code.

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.

Federal Advisory Committee Act

  • The Commission is NOT subject to the Federal Advisory Committee Act (5 USC App.)

Termination

The Commission shall terminate on the date that is 30 days after the date on which the final versions of the reports required are submitted.

Funding

General

  • The Commission is solely responsible for the acceptance of contributions and payment of expenses of the Commission.

Prohibition

  • NO Federal funs may be used for this Act.

Director and Staff of Commission

Director and Staff

General

  • The Commission may employ and compensate an executive director and any other additional personnel necessary to enable to perform the duties of the Commission.

Rates of Pay

  • Employed persons consistent with the rates of pay allowed for employees of a temporary organization under section 3161 title 5 USC.

Not Federal Employment

  • Any individual employed under this section is NOT a Federal employee.

Technical Assistance

General

  • The head of a Federal agency may provide technical assistance to the Commission.

Prohibition

  • No Federal employees may be detailed to the Commission.

Determination of Budgetary Effects

The purpose of complying with the Statutory Pay-As-You-Go Act of 2010 determined by “Budgetary Effects of PAYGO Legislation”, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided each statement has been submitted prior to the vote on passage.