National Museum of the American Latino Act

II 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 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 VerDate Sep 11 2014 00:15 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.RS H2420 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2420 RS 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 VerDate Sep 11 2014 00:15 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.RS H2420 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2420 RS 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 VerDate Sep 11 2014 00:15 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.RS H2420 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2420 RS (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 VerDate Sep 11 2014 00:15 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.RS H2420 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2420 RS (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 VerDate Sep 11 2014 00:15 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.RS H2420 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2420 RS (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, including 14 long-term maintenance; and 15 (B) may delegate the duties described in 16 clauses (i) through (iv) of subparagraph (A) to 17 the Director. 18 (2) PRINCIPAL RESPONSIBILITIES.—Subject to 19 the general policies of the Board of Regents, the 20 Board of Trustees shall have the sole authority to— 21 (A) purchase, accept, borrow, or otherwise 22 acquire artifacts and other objects for addition 23 to the collections of the Museum; 24 VerDate Sep 11 2014 00:15 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.RS H2420 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2420 RS (B) loan, exchange, sell, or otherwise dis- 1 pose of any part of the collections of the Mu- 2 seum, with the proceeds of such transactions to 3 be used for additions to the collections of the 4 Museum; and 5 (C) specify criteria with respect to the use 6 of the collections and resources of the Museum, 7 including policies on programming, education, 8 exhibitions, and research with respect to— 9 (i) the life, art, history, culture, and 10 other aspects of Latinos in the United 11 States and the territories of the United 12 States; 13 (ii) the role of Latinos in the history 14 of the United States from the arrival of 15 the first explorers to the Americas to the 16 present; 17 (iii) the contributions of Latinos to 18 society and culture in the United States, 19 and exploring what it means to be an 20 American; and 21 (iv) sharing how values in the United 22 States such as resiliency, optimism, and 23 spirituality are reflected in Latino history 24 and culture. 25 VerDate Sep 11 2014 00:15 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.RS H2420 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2420 RS (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 (4) ENSURING DIVERSITY OF POLITICAL VIEW- 11 POINTS IN EXHIBITS AND PROGRAMS.—In carrying 12 out its duties, the Board of Trustees shall ensure 13 that the exhibits and programs of the Museum re- 14 flect the diversity of the political viewpoints held by 15 Latinos of the United States on the events and 16 issues relating to the history of Latinos in the 17 United States. 18 (c) COMPOSITION AND APPOINTMENT.— 19 (1) IN GENERAL.—The Board of Trustees shall 20 be composed of not more than 19 voting members 21 as provided under paragraph (2). 22 (2) VOTING MEMBERS.—The Board of Trustees 23 shall include the following voting members: 24 VerDate Sep 11 2014 00:15 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.RS H2420 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 2420 RS (A) The Secretary of the Smithsonian In- 1 stitution. 2 (B) The Under Secretary of Museums and 3 Research of the Smithsonian Institution. 4 (C) The chair of the Smithsonian National 5 Latino Board. 6 (D) One member of the Board of Regents, 7 appointed by the Board of Regents. 8 (E) Two Members of Congress, one from 9 each political party, designated by the Congres- 10 sional Hispanic Caucus and the Congressional 11 Hispanic Conference. 12 (F) Thirteen individuals who shall be ap- 13 pointed by the Board of Regents after taking 14 into consideration— 15 (i) efforts to have a politically and 16 geographically diverse representation on 17 the Board of Trustees reflecting States 18 and territories with significant Latino pop- 19 ulations; 20 (ii) individuals recommended by mem- 21 bers of the Board of Trustees; and 22 (iii) individuals recommended by orga- 23 nizations and entities that are committed 24 VerDate Sep 11 2014 00:15 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.RS H2420 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 2420 RS to the advancement of knowledge of Latino 1 life, art, history, and culture. 2 (3) INITIAL APPOINTMENTS.—The Board of 3 Regents shall make initial appointments to the 4 Board of Trustees under paragraph (2) not later 5 than 180 days after the date of enactment of this 6 Act. 7 (d) TERMS OF SERVICE.— 8 (1) IN GENERAL.—Except as provided in this 9 subsection, each appointed member of the Board of 10 Trustees shall be appointed for a term of 3 years. 11 (2) INITIAL APPOINTEES.—As designated by 12 the Board of Regents at the time of appointment, of 13 the voting members first appointed under subpara- 14 graph (F) of subsection (c)(2)— 15 (A) Five members shall be appointed for a 16 term of 1 year; 17 (B) Four members shall be appointed for 18 a term of 2 years; and 19 (C) Four members shall be appointed for 20 a term of 3 years. 21 (3) REAPPOINTMENT.—A member of the Board 22 of Trustees may be reappointed, except that no indi- 23 vidual may serve on the Board of Trustees for a 24 total of more than 2 full terms. For purposes of this 25 VerDate Sep 11 2014 00:15 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.RS H2420 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 2420 RS paragraph, the number of terms an individual serves 1 on the Board of Trustees shall not include any por- 2 tion of a term for which an individual is appointed 3 to fill a vacancy under paragraph (4)(B). 4 (4) VACANCIES.— 5 (A) IN GENERAL.—A vacancy on the 6 Board of Trustees— 7 (i) shall not affect the powers of the 8 Board of Trustees; and 9 (ii) shall be filled in the same manner 10 as the original appointment was made. 11 (B) TERM.—Any member of the Board of 12 Trustees appointed to fill a vacancy occurring 13 before the expiration of the term for which the 14 member’s predecessor was appointed shall be 15 appointed for the remainder of that term. 16 (e) COMPENSATION.— 17 (1) IN GENERAL.—Except as provided in para- 18 graph (2), a member of the Board of Trustees shall 19 serve without pay. 20 (2) TRAVEL EXPENSES.—A member of the 21 Board of Trustees shall be allowed travel expenses, 22 including per diem in lieu of subsistence, at rates 23 authorized for an employee of an agency under sub- 24 chapter I of chapter 57 of title 5, United States 25 VerDate Sep 11 2014 00:15 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.RS H2420 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 2420 RS Code, while away from the home or regular place of 1 business of the member in the performance of the 2 duties of the Board of Trustees. 3 (f) CHAIRPERSON.—By a majority vote of its voting 4 members, the Board of Trustees shall elect a chairperson 5 from its members. 6 (g) MEETINGS.— 7 (1) IN GENERAL.—The Board of Trustees shall 8 meet at the call of the chairperson or on the written 9 request of a majority of the voting members of the 10 Board of Trustees, but not fewer than twice each 11 year. 12 (2) MEETING FORMAT.—Regularly scheduled 13 meetings and special meetings may be conducted in- 14 person, telephonically, electronically, or by any 15 means appropriate as determined by the chairperson. 16 (h) QUORUM.—A majority of the voting members of 17 the Board of Trustees holding office shall constitute a 18 quorum for the purpose of conducting business, but a less- 19 er number may receive information on behalf of the Board 20 of Trustees. 21 SEC. 6. DIRECTOR AND STAFF OF MUSEUM. 22 (a) DIRECTOR.— 23 (1) IN GENERAL.—The Museum shall have a 24 Director who shall be appointed by the Secretary in 25 VerDate Sep 11 2014 00:15 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.RS H2420 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 2420 RS consultation with Board of Trustees. The Secretary 1 may appoint an interim Director to oversee the ini- 2 tial activity of establishing the Museum until a per- 3 manent Director is selected. 4 (2) DUTIES.—The Director shall manage the 5 Museum subject to the policies of the Board of Re- 6 gents and the Board of Trustees. 7 (b) STAFF.—The Secretary may appoint two addi- 8 tional employees to serve under the Director, except that 9 such additional employees may be appointed without re- 10 gard to the provisions of title 5, United States Code, gov- 11 erning appointments in the competitive service. 12 (c) PAY.—The employees appointed by the Secretary 13 under subsection (b) may be paid without regard to the 14 provisions of chapter 51 and subchapter III of chapter 53 15 of title 5, United States Code, relating to classification 16 of positions and Gen [Text truncated for display. Full text available on Congress.gov.]