[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2420 Reported in Senate (RS)]
<DOC>
Calendar No. 600
116th CONGRESS
2d Session
H. R. 2420
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 29, 2020
Received; read twice and referred to the Committee on Rules and
Administration
December 3, 2020
Reported by Mr. Blunt, without amendment
_______________________________________________________________________
AN ACT
To establish within the Smithsonian Institution the National Museum of
the American Latino, 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 ``National Museum of the American
Latino Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States is a symbol of democracy, freedom,
and economic opportunity around the world, and the legacy of
Latinos is deeply rooted in the very fabric of the history,
democracy, freedom, and economic opportunity of the United
States.
(2) There exists no national museum within the Smithsonian
Institution that is devoted to the documentation and
explication of Latino life, art, history, and culture.
(3) The establishment of the National Museum of the
American Latino will be consistent with the purposes of the
Smithsonian Institution, created by Congress in 1846, ``for the
increase and diffusion of knowledge''.
(4) The National Museum of the American Latino--
(A) will be the keystone for people in the United
States and other Smithsonian Institution visitors to
learn about Latino contributions to life, art, history,
and culture in the United States at its signature
location on the National Mall; and
(B) will serve as a gateway for visitors to view
other Latino exhibitions, collections, and programming
at other Smithsonian Institution facilities and museums
throughout the United States and the territories of the
United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board of regents.--The term ``Board of Regents'' means
the Board of Regents of the Smithsonian Institution.
(2) Board of trustees.--The term ``Board of Trustees''
means the Board of Trustees of the National Museum of the
American Latino as established by section 5.
(3) Director.--The term ``Director'' means the Director of
the National Museum of the American Latino.
(4) Museum.--The term ``Museum'' means the National Museum
of the American Latino established by section 4.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Smithsonian Institution.
SEC. 4. ESTABLISHMENT OF MUSEUM.
(a) Establishment.--There is established within the Smithsonian
Institution a museum to be known as the ``National Museum of the
American Latino''.
(b) Purposes.--The purposes of the Museum are--
(1) to illuminate the story of the United States for the
benefit of all by featuring Latino contributions; and
(2) to provide for--
(A) the collection, study, research, publication,
and establishment of exhibitions and programs relating
to Latino life, art, history, and culture that
encompass--
(i) Latino contributions to the early
history of what now encompasses the United
States of America and its territories;
(ii) Latino contributions in the armed
services from the earliest days of the American
Revolution to current military activities in
defense of our freedoms;
(iii) Latino contributions to the freedom,
well-being, and economic prosperity of all
people in the United States through historical
movements;
(iv) entrepreneurial and charitable
activities of Latinos;
(v) contributions by Latinos to--
(I) the social, natural, and
physical sciences; and
(II) art, history, and culture,
including food, music, dance, film,
theater, sports, and other forms of
popular culture in the United States;
and
(B) collaboration between the Museum, other museums
and research centers of the Smithsonian Institution,
and other museums and educational institutions
throughout the United States and abroad, to promote the
study and appreciation of Latino life, art, history,
culture, and its impact on society in the United
States, including collaboration concerning joint
research projects, programs, exhibitions, collection
management, and training of museum staff.
SEC. 5. BOARD OF TRUSTEES.
(a) Establishment.--There is established within the Smithsonian
Institution a Board of Trustees of the Museum with the duties, powers,
and authority specified in this section.
(b) Duties.--
(1) In general.--The Board of Trustees--
(A) shall--
(i) make recommendations to the Board of
Regents concerning the location, planning,
design, and construction of the Museum;
(ii) recommend annual operating budgets for
the Museum to the Board of Regents;
(iii) adopt bylaws for the Board of
Trustees;
(iv) report annually to the Board of
Regents on the acquisition, disposition, and
display of Latino collections, objects and
artifacts, and on other appropriate matters;
and
(v) advise and assist the Board of Regents
on all matters relating to the administration,
operation, maintenance, and preservation of the
Museum, including long-term maintenance; and
(B) may delegate the duties described in clauses
(i) through (iv) of subparagraph (A) to the Director.
(2) Principal responsibilities.--Subject to the general
policies of the Board of Regents, the Board of Trustees shall
have the sole authority to--
(A) purchase, accept, borrow, or otherwise acquire
artifacts and other objects for addition to the
collections of the Museum;
(B) loan, exchange, sell, or otherwise dispose of
any part of the collections of the Museum, with the
proceeds of such transactions to be used for additions
to the collections of the Museum; and
(C) specify criteria with respect to the use of the
collections and resources of the Museum, including
policies on programming, education, exhibitions, and
research with respect to--
(i) the life, art, history, culture, and
other aspects of Latinos in the United States
and the territories of the United States;
(ii) the role of Latinos in the history of
the United States from the arrival of the first
explorers to the Americas to the present;
(iii) the contributions of Latinos to
society and culture in the United States, and
exploring what it means to be an American; and
(iv) sharing how values in the United
States such as resiliency, optimism, and
spirituality are reflected in Latino history
and culture.
(3) Other responsibilities.--Subject to the general
policies of the Board of Regents, the Board of Trustees shall
have authority to--
(A) provide for preservation, restoration, and
maintenance of the collections of the Museum; and
(B) solicit, accept, use, and dispose of gifts,
bequests, and devises of personal and real property for
the purpose of aiding and facilitating the work of the
Museum.
(4) Ensuring diversity of political viewpoints in exhibits
and programs.--In carrying out its duties, the Board of
Trustees shall ensure that the exhibits and programs of the
Museum reflect the diversity of the political viewpoints held
by Latinos of the United States on the events and issues
relating to the history of Latinos in the United States.
(c) Composition and Appointment.--
(1) In general.--The Board of Trustees shall be composed of
not more than 19 voting members as provided under paragraph
(2).
(2) Voting members.--The Board of Trustees shall include
the following voting members:
(A) The Secretary of the Smithsonian Institution.
(B) The Under Secretary of Museums and Research of
the Smithsonian Institution.
(C) The chair of the Smithsonian National Latino
Board.
(D) One member of the Board of Regents, appointed
by the Board of Regents.
(E) Two Members of Congress, one from each
political party, designated by the Congressional
Hispanic Caucus and the Congressional Hispanic
Conference.
(F) Thirteen individuals who shall be appointed by
the Board of Regents after taking into consideration--
(i) efforts to have a politically and
geographically diverse representation on the
Board of Trustees reflecting States and
territories with significant Latino
populations;
(ii) individuals recommended by members of
the Board of Trustees; and
(iii) individuals recommended by
organizations and entities that are committed
to the advancement of knowledge of Latino life,
art, history, and culture.
(3) Initial appointments.--The Board of Regents shall make
initial appointments to the Board of Trustees under paragraph
(2) not later than 180 days after the date of enactment of this
Act.
(d) Terms of Service.--
(1) In general.--Except as provided in this subsection,
each appointed member of the Board of Trustees shall be
appointed for a term of 3 years.
(2) Initial appointees.--As designated by the Board of
Regents at the time of appointment, of the voting members first
appointed under subparagraph (F) of subsection (c)(2)--
(A) Five members shall be appointed for a term of 1
year;
(B) Four members shall be appointed for a term of 2
years; and
(C) Four members shall be appointed for a term of 3
years.
(3) Reappointment.--A member of the Board of Trustees may
be reappointed, except that no individual may serve on the
Board of Trustees for a total of more than 2 full terms. For
purposes of this paragraph, the number of terms an individual
serves on the Board of Trustees shall not include any portion
of a term for which an individual is appointed to fill a
vacancy under paragraph (4)(B).
(4) Vacancies.--
(A) In general.--A vacancy on the Board of
Trustees--
(i) shall not affect the powers of the
Board of Trustees; and
(ii) shall be filled in the same manner as
the original appointment was made.
(B) Term.--Any member of the Board of Trustees
appointed to fill a vacancy occurring before the
expiration of the term for which the member's
predecessor was appointed shall be appointed for the
remainder of that term.
(e) Compensation.--
(1) In general.--Except as provided in paragraph (2), a
member of the Board of Trustees shall serve without pay.
(2) Travel expenses.--A member of the Board of Trustees
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Board of
Trustees.
(f) Chairperson.--By a majority vote of its voting members, the
Board of Trustees shall elect a chairperson from its members.
(g) Meetings.--
(1) In general.--The Board of Trustees shall meet at the
call of the chairperson or on the written request of a majority
of the voting members of the Board of Trustees, but not fewer
than twice each year.
(2) Meeting format.--Regularly scheduled meetings and
special meetings may be conducted in-person, telephonically,
electronically, or by any means appropriate as determined by
the chairperson.
(h) Quorum.--A majority of the voting members of the Board of
Trustees holding office shall constitute a quorum for the purpose of
conducting business, but a lesser number may receive information on
behalf of the Board of Trustees.
SEC. 6. DIRECTOR AND STAFF OF MUSEUM.
(a) Director.--
(1) In general.--The Museum shall have a Director who shall
be appointed by the Secretary in consultation with Board of
Trustees. The Secretary may appoint an interim Director to
oversee the initial activity of establishing the Museum until a
permanent Director is selected.
(2) Duties.--The Director shall manage the Museum subject
to the policies of the Board of Regents and the Board of
Trustees.
(b) Staff.--The Secretary may appoint two additional employees to
serve under the Director, except that such additional employees may be
appointed without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
(c) Pay.--The employees appointed by the Secretary under subsection
(b) may be paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code, relating
to classification of positions and General Schedule pay rates.
SEC. 7. EDUCATIONAL AND LIAISON PROGRAMS.
(a) In General.--
(1) Programs authorized.--The Director of the Museum may
carry out educational and liaison programs in support of the
goals of the Museum.
(2) Specific activities.--In carrying out this section, the
Director shall--
(A) carry out educational programs relating to
Latino life, art, history, and culture, including--
(i) programs using digital, electronic, and
interactive technologies; and
(ii) programs carried out in collaboration
with elementary schools, secondary schools, and
postsecondary schools; and
(B) consult with the Director of the Institute of
Museum and Library Services concerning the grant
programs carried out under subsection (b).
(b) Grant Programs.--
(1) In general.--The Director of the Institute of Museum
and Library Services, in consultation with the Board of
Trustees and the Director of the Museum, shall establish and
carry out--
(A) a grant program with the purpose of improving
operations, care of collections, culturally appropriate
public outreach, and development of professional
management at American Latino museums;
(B) a grant program with the purpose of providing
internship and fellowship opportunities at American
Latino museums;
(C) a scholarship program, in partnership with
Hispanic-serving institutions, minority-serving
institutions, historically black colleges and
universities, and other institutions of higher
education, with the purpose of assisting individuals
who are pursuing careers or carrying out studies in the
arts, humanities, and sciences in the study of American
Latino life, art, history, and culture;
(D) in cooperation with other museums, historical
societies, and educational institutions, a grant
program with the purpose of promoting the understanding
of the Latin American diaspora in the United States;
and
(E) a grant program under which an American Latino
museum (including a nonprofit education organization
the primary mission of which is to promote the study of
the Latin American diaspora in the United States) may
use funds provided under the grant to increase an
endowment fund established by the museum (or
organization) as of October 1, 2020, for the purposes
of enhancing educational programming, and maintaining
and operating traveling educational exhibits.
(2) Clarification of treatment of museum.--In this
subsection, the term ``American Latino museum'' does not
include the Museum.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Institute of Museum and Library
Services to carry out this subsection--
(A) $15,000,000 for fiscal year 2021; and
(B) such sums as may be necessary for fiscal year
2022 and each succeeding fiscal year.
SEC. 8. NATIONAL MUSEUM OF THE AMERICAN LATINO BUILDING AND SUPPORT
FACILITIES.
(a) In General.--
(1) Location.--
(A) In general.--Not later than 24 months after the
date of the enactment of this Act, the Board of Regents
shall designate a site for the Museum.
(B) Sites for consideration.--In designating a site
under subparagraph (A), the Board of Regents shall
select from among the following sites in the District
of Columbia:
(i) The Arts and Industries Building of the
Smithsonian Institution, located on the
National Mall at 900 Jefferson Drive,
Southwest, Washington, District of Columbia.
(ii) A vacant area bounded by Independence
Avenue, Jefferson Drive, Raoul Wallenberg
Place, and 14th Street Southwest, currently
under the jurisdiction of the National Park
Service.
(iii) The area bounded by 3rd Street and
1st Street, Northwest and Constitution Avenue
and Pennsylvania Avenue, Northwest, as measured
from curb to curb, currently under the
jurisdiction of the Architect of the Capitol.
(iv) The facility and grounds on the
National Mall between 12th and 14th Streets,
Southwest, and Jefferson Drive and Independence
Avenue, Southwest, currently under the
jurisdiction of the Department of Agriculture.
(v) Any other appropriate location as
identified by the Board of Trustees or Board of
Regents.
(C) Transfer to smithsonian institution.--Except
with respect to a site described in clause (i) of
subparagraph (B), if the site designated for the Museum
is in an area that is under the administrative
jurisdiction of another Federal entity, as soon as
practicable after the date on which the designation is
made, the head of the Federal entity shall transfer to
the Smithsonian Institution administrative jurisdiction
over the area selected for the site of the Museum.
(D) Consultation.--The Board of Regents shall carry
out its duties under this paragraph in consultation
with the following:
(i) The Chair of the National Capital
Planning Commission.
(ii) The Chair of the Commission of Fine
Arts.
(iii) The Chair and Vice Chair of the
Commission referred to in section 9.
(iv) The Chair of the Building and Site
Subcommittee of the Commission referred to in
section 9.
(v) The Chair and ranking minority member
of each of the following Committees:
(I) The Committee on Rules and
Administration of the Senate.
(II) The Committee on House
Administration of the House of
Representatives.
(III) The Committee on
Transportation and Infrastructure of
the House of Representatives.
(IV) The Committee on
Appropriations of the House of
Representatives.
(V) The Committee on Appropriations
of the Senate.
(vi) The Architect of the Capitol.
(2) Size of building.--The building constructed or modified
to serve as the Museum shall occupy no less than the
recommended square footage set forth in the report submitted by
the Commission to Study the Potential Creation of a National
Museum of the American Latino established under section 333 of
the Consolidated Natural Resources Act of 2008 (Public Law 110-
229; 122 Stat. 784).
(3) Construction of building.--The Board of Regents, in
consultation with the Board of Trustees and other appropriate
Federal and local agencies is authorized to prepare plans,
design, and construct a building or modify an existing building
for the Museum, which shall be located at the site selected by
the Board of Regents under this subsection.
(4) Nonapplicability of provisions relating to monuments,
commemorative, and other works on the national mall.--Chapter
89 of title 40, United States Code, shall not apply with
respect to the Museum.
(b) Cost Sharing.--The Board of Regents shall pay--
(1) 50 percent of the costs of carrying out this section
from Federal funds; and
(2) 50 percent of the costs of carrying out this section
from non-Federal sources.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 9. CONSIDERATION OF RECOMMENDATIONS OF COMMISSION.
In carrying out their duties under this Act, the Board of Trustees
and the Board of Regents shall take into consideration the reports and
plans submitted by the Commission to Study the Potential Creation of a
National Museum of the American Latino established under section 333 of
the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122
Stat. 784).
SEC. 10. CONGRESSIONAL BUDGET ACT COMPLIANCE.
Authority under this Act to enter into contracts or to make
payments shall be effective in any fiscal year only to the extent
provided in advance in an appropriations Act.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Smithsonian Institution to carry out this Act, other than sections 7(b)
and 8--
(1) $20,000,000 for fiscal year 2021; and
(2) such sums as are necessary for each fiscal year
thereafter.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) shall remain
available until expended.
(c) Use of Funds for Fundraising.--Amounts appropriated pursuant to
the authorization under this section may be used to conduct fundraising
in support of the Museum from private sources.
Calendar No. 600
116th CONGRESS
2d Session
H. R. 2420
_______________________________________________________________________
AN ACT
To establish within the Smithsonian Institution the National Museum of
the American Latino, and for other purposes.
_______________________________________________________________________
December 3, 2020
Reported without amendment