Federal
National Museum of the American Latino Act
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II
116TH CONGRESS
1ST SESSION
S. 1267
To establish within the Smithsonian Institution the National Museum of
the American Latino, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MAY 1, 2019
Mr. MENENDEZ (for himself, Mr. CORNYN, Ms. CORTEZ MASTO, Mrs. CAPITO,
Mrs. FEINSTEIN, Mr. RUBIO, Ms. HARRIS, Mr. PORTMAN, Mr. BOOKER,
and Ms. MCSALLY) introduced the following bill; which was read twice
and referred to the Committee on Rules and Administration
A BILL
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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘National Museum of
4
the American Latino Act’’.
5
SEC. 2. FINDINGS.
6
Congress finds the following:
7
(1) The United States is a symbol of democ-
8
racy, freedom, and economic opportunity around the
9
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world, and the legacy of Latinos is deeply rooted in
1
the very fabric of the history, democracy, freedom,
2
and economic opportunity of the United States.
3
(2) There exists no national museum within the
4
Smithsonian Institution that is devoted to the docu-
5
mentation and explication of Latino life, art, history,
6
and culture.
7
(3) The establishment of the National Museum
8
of the American Latino will be consistent with the
9
purposes of the Smithsonian Institution, created by
10
Congress in 1846, ‘‘for the increase and diffusion of
11
knowledge’’.
12
(4) The National Museum of the American
13
Latino—
14
(A) will be the keystone for people in the
15
United States and other Smithsonian Institu-
16
tion visitors to learn about Latino contributions
17
to life, art, history, and culture in the United
18
States at its signature location on the National
19
Mall; and
20
(B) will serve as a gateway for visitors to
21
view other Latino exhibitions, collections, and
22
programming at other Smithsonian Institution
23
facilities and museums throughout the United
24
States and the territories of the United States.
25
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(5) The National Museum of the American
1
Latino will be unique among the museums of the
2
Smithsonian Institution in that a significant number
3
of the museum’s staff will have joint positions
4
throughout the various other museums and research
5
centers of the Smithsonian Institution—
6
(A) resulting in a decreased need for re-
7
sources for the National Museum of the Amer-
8
ican Latino on the National Mall; and
9
(B) contributing to an integrated approach
10
in telling the story of the United States in ex-
11
hibits and collections throughout the Smithso-
12
nian Institution.
13
(6) By sharing resources (including funding
14
and staff) that are provided by direct appropriation
15
to the National Museum of the American Latino and
16
resources that are provided to other units of the
17
Smithsonian Institution, the National Museum of
18
the American Latino will serve as a key agent in
19
stimulating and increasing Smithsonian Institution
20
activities dedicated to the collection, preservation, re-
21
search, and exhibition of Latino historical and cul-
22
tural material reflecting the breadth and depth of
23
the experiences of Latino history and culture
24
throughout the Smithsonian Institution.
25
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SEC. 3. DEFINITIONS.
1
In this Act:
2
(1) BOARD OF REGENTS.—The term ‘‘Board of
3
Regents’’ means the Board of Regents of the Smith-
4
sonian Institution.
5
(2) BOARD OF TRUSTEES.—The term ‘‘Board
6
of Trustees’’ means the Board of Trustees of the
7
National Museum of the American Latino as estab-
8
lished by section 5.
9
(3) DIRECTOR.—The term ‘‘Director’’ means
10
the Director of the National Museum of the Amer-
11
ican Latino.
12
(4) MUSEUM.—The term ‘‘Museum’’ means the
13
National Museum of the American Latino estab-
14
lished by section 4.
15
(5) SECRETARY.—The term ‘‘Secretary’’ means
16
the Secretary of the Smithsonian Institution.
17
SEC. 4. ESTABLISHMENT OF MUSEUM.
18
(a) ESTABLISHMENT.—There is established within
19
the Smithsonian Institution a museum to be known as the
20
‘‘National Museum of the American Latino’’.
21
(b) PURPOSES.—The purposes of the Museum are—
22
(1) to illuminate the story of the United States
23
for the benefit of all by featuring Latino contribu-
24
tions; and
25
(2) to provide for—
26
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(A) the collection, study, research, publica-
1
tion, and establishment of exhibitions and pro-
2
grams relating to Latino life, art, history, and
3
culture that encompass—
4
(i) Latino contributions to the early
5
history of what now encompasses the
6
United States of America and its terri-
7
tories;
8
(ii) Latino contributions in the armed
9
services from the earliest days of the
10
American Revolution to current military
11
activities in defense of our freedoms;
12
(iii) Latino contributions to the free-
13
dom, well-being, and economic prosperity
14
of all people in the United States through
15
historical movements;
16
(iv) entrepreneurial and charitable ac-
17
tivities of Latinos;
18
(v) contributions by Latinos to—
19
(I) the social, natural, and phys-
20
ical sciences; and
21
(II) art, history, and culture, in-
22
cluding food, music, dance, film, the-
23
ater, sports, and other forms of pop-
24
ular culture in the United States; and
25
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(B) collaboration between the Museum,
1
other museums and research centers of the
2
Smithsonian Institution, and other museums
3
and educational institutions throughout the
4
United States and abroad, to promote the study
5
and appreciation of Latino life, art, history, cul-
6
ture, and its impact on society in the United
7
States, including collaboration concerning joint
8
research projects, programs, exhibitions, collec-
9
tion management, and training of museum
10
staff.
11
SEC. 5. BOARD OF TRUSTEES.
12
(a) ESTABLISHMENT.—There is established within
13
the Smithsonian Institution a Board of Trustees of the
14
Museum with the duties, powers, and authority specified
15
in this section.
16
(b) DUTIES.—
17
(1) IN GENERAL.—The Board of Trustees—
18
(A) shall—
19
(i) make recommendations to the
20
Board of Regents concerning the location,
21
planning, design, and construction of the
22
Museum;
23
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(ii)
recommend
annual
operating
1
budgets for the Museum to the Board of
2
Regents;
3
(iii) adopt bylaws for the Board of
4
Trustees;
5
(iv) report annually to the Board of
6
Regents on the acquisition, disposition,
7
and display of Latino collections, objects
8
and artifacts, and on other appropriate
9
matters; and
10
(v) advise and assist the Board of Re-
11
gents on all matters relating to the admin-
12
istration,
operation,
maintenance,
and
13
preservation of the Museum; and
14
(B) may delegate the duties described in
15
clauses (i) through (iv) of subparagraph (A) to
16
the Director.
17
(2) PRINCIPAL RESPONSIBILITIES.—Subject to
18
the general policies of the Board of Regents, the
19
Board of Trustees shall have the sole authority to—
20
(A) purchase, accept, borrow, or otherwise
21
acquire artifacts and other objects for addition
22
to the collections of the Museum;
23
(B) loan, exchange, sell, or otherwise dis-
24
pose of any part of the collections of the Mu-
25
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seum, with the proceeds of such transactions to
1
be used for additions to the collections of the
2
Museum; and
3
(C) specify criteria with respect to the use
4
of the collections and resources of the Museum,
5
including policies on programming, education,
6
exhibitions, and research with respect to—
7
(i) the life, art, history, culture, and
8
other aspects of Latinos in the United
9
States and the territories of the United
10
States;
11
(ii) the role of Latinos in the history
12
of the United States from the arrival of
13
the first explorers to the Americas to the
14
present;
15
(iii) the contributions of Latinos to
16
society and culture in the United States,
17
and exploring what it means to be an
18
American; and
19
(iv) sharing how values in the United
20
States such as resiliency, optimism, and
21
spirituality are reflected in Latino history
22
and culture.
23
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(3) OTHER RESPONSIBILITIES.—Subject to the
1
general policies of the Board of Regents, the Board
2
of Trustees shall have authority to—
3
(A) provide for preservation, restoration,
4
and maintenance of the collections of the Mu-
5
seum; and
6
(B) solicit, accept, use, and dispose of
7
gifts, bequests, and devises of personal and real
8
property for the purpose of aiding and facili-
9
tating the work of the Museum.
10
(c) COMPOSITION AND APPOINTMENT.—
11
(1) IN GENERAL.—The Board of Trustees shall
12
be composed of not more than 19 voting members
13
as provided under paragraph (2).
14
(2) VOTING MEMBERS.—The Board of Trustees
15
shall include the following voting members:
16
(A) The Secretary of the Smithsonian In-
17
stitution.
18
(B) The Under Secretary of Museums and
19
Research of the Smithsonian Institution.
20
(C) One member of the Board of Regents,
21
appointed by the Board of Regents.
22
(D) Two Members of Congress, 1 from
23
each political party, designated by the Congres-
24
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sional Hispanic Caucus and the Congressional
1
Hispanic Conference.
2
(E) Fourteen individuals who shall be ap-
3
pointed by the Board of Regents after taking
4
into consideration—
5
(i) efforts to have a politically and
6
geographically diverse representation on
7
the Board of Trustees reflecting States
8
and territories with significant Latino pop-
9
ulations;
10
(ii) individuals recommended by mem-
11
bers of the Board of Trustees; and
12
(iii) individuals recommended by orga-
13
nizations and entities that are committed
14
to the advancement of knowledge of Latino
15
life, art, history, and culture.
16
(3) INITIAL
APPOINTMENTS.—The Board of
17
Regents shall make initial appointments to the
18
Board of Trustees under paragraph (2) not later
19
than 180 days after the date of enactment of this
20
Act.
21
(d) TERMS OF SERVICE.—
22
(1) IN GENERAL.—Except as provided in this
23
subsection, each appointed member of the Board of
24
Trustees shall be appointed for a term of 3 years.
25
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(2) INITIAL
APPOINTEES.—As designated by
1
the Board of Regents at the time of appointment, of
2
the voting members first appointed under subpara-
3
graph (E) of subsection (c)(2)—
4
(A) Five members shall be appointed for a
5
term of 1 year;
6
(B) Five members shall be appointed for a
7
term of 2 years; and
8
(C) Four members shall be appointed for
9
a term of 3 years.
10
(3) REAPPOINTMENT.—A member of the Board
11
of Trustees may be reappointed, except that no indi-
12
vidual may serve on the Board of Trustees for a
13
total of more than 2 full terms. For purposes of this
14
paragraph, the number of terms an individual serves
15
on the Board of Trustees shall not include any por-
16
tion of a term for which an individual is appointed
17
to fill a vacancy under paragraph (4)(B).
18
(4) VACANCIES.—
19
(A) IN
GENERAL.—A vacancy on the
20
Board of Trustees—
21
(i) shall not affect the powers of the
22
Board of Trustees; and
23
(ii) shall be filled in the same manner
24
as the original appointment was made.
25
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(B) TERM.—Any member of the Board of
1
Trustees appointed to fill a vacancy occurring
2
before the expiration of the term for which the
3
member’s predecessor was appointed shall be
4
appointed for the remainder of that term.
5
(e) COMPENSATION.—
6
(1) IN GENERAL.—Except as provided in para-
7
graph (2), a member of the Board of Trustees shall
8
serve without pay.
9
(2) TRAVEL
EXPENSES.—A member of the
10
Board of Trustees shall be allowed travel expenses,
11
including per diem in lieu of subsistence, at rates
12
authorized for an employee of an agency under sub-
13
chapter I of chapter 57 of title 5, United States
14
Code, while away from the home or regular place of
15
business of the member in the performance of the
16
duties of the Board of Trustees.
17
(f) CHAIRPERSON.—By a majority vote of its voting
18
members, the Board of Trustees shall elect a chairperson
19
from its members.
20
(g) MEETINGS.—
21
(1) IN GENERAL.—The Board of Trustees shall
22
meet at the call of the chairperson or on the written
23
request of a majority of the voting members of the
24
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Board of Trustees, but not fewer than twice each
1
year.
2
(2) MEETING
FORMAT.—Regularly scheduled
3
meetings and special meetings may be conducted in-
4
person, telephonically, electronically, or by any
5
means appropriate as determined by the chairperson.
6
(h) QUORUM.—A majority of the voting members of
7
the Board of Trustees holding office shall constitute a
8
quorum for the purpose of conducting business, but a less-
9
er number may receive information on behalf of the Board
10
of Trustees.
11
SEC. 6. DIRECTOR AND STAFF OF MUSEUM.
12
(a) DIRECTOR.—
13
(1) IN GENER
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