[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6102 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6102
To establish the Commission to Study the Potential Creation of a
National Museum of American LGBTQI+ History and Culture, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 26, 2023
Mr. Pocan (for himself, Mr. Takano, Ms. Davids of Kansas, Mr. Robert
Garcia of California, Ms. Balint, Mr. Torres of New York, Mr. Pappas,
Ms. Craig, and Mr. Sorensen) introduced the following bill; which was
referred to the Committee on Natural Resources, and in addition 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 committee
concerned
_______________________________________________________________________
A BILL
To establish the Commission to Study the Potential Creation of a
National Museum of American LGBTQI+ 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 American LGBTQI+ 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 American LGBTQI+ 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 LGBTQI+ 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 American
LGBTQI+ history;
(iv) experience in studying the issue of the representation
of LGBTQI+ 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 American LGBTQI+ History and Culture (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 American
LGBTQI+ history-related museums.
(C) In consultation with the Smithsonian
Institution, develop criteria for evaluating possible
locations for the Museum.
(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 LGBTQI+ 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 LGBTQI+
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.
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