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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Museum of 

5 the American Latino Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The United States is a symbol of democ9 racy, freedom, and economic opportunity around the 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2420 RS

1 world, and the legacy of Latinos is deeply rooted in 

2 the very fabric of the history, democracy, freedom, 

3 and economic opportunity of the United States. 

4 (2) There exists no national museum within the 

5 Smithsonian Institution that is devoted to the docu6 mentation and explication of Latino life, art, history, 

7 and culture. 

8 (3) The establishment of the National Museum 

9 of the American Latino will be consistent with the 

10 purposes of the Smithsonian Institution, created by 

11 Congress in 1846, ‘‘for the increase and diffusion of 

12 knowledge’’. 

13 (4) The National Museum of the American 

14 Latino— 

15 (A) will be the keystone for people in the 

16 United States and other Smithsonian Institu17 tion visitors to learn about Latino contributions 

18 to life, art, history, and culture in the United 

19 States at its signature location on the National 

20 Mall; and 

21 (B) will serve as a gateway for visitors to 

22 view other Latino exhibitions, collections, and 

23 programming at other Smithsonian Institution 

24 facilities and museums throughout the United 

25 States and the territories of the United States. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 2420 RS

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) BOARD OF REGENTS.—The term ‘‘Board of 

4 Regents’’ means the Board of Regents of the Smith5 sonian Institution. 

6 (2) BOARD OF TRUSTEES.—The term ‘‘Board 

7 of Trustees’’ means the Board of Trustees of the 

8 National Museum of the American Latino as estab9 lished by section 5. 

10 (3) DIRECTOR.—The term ‘‘Director’’ means 

11 the Director of the National Museum of the Amer12 ican Latino. 

13 (4) MUSEUM.—The term ‘‘Museum’’ means the 

14 National Museum of the American Latino estab15 lished by section 4. 

16 (5) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of the Smithsonian Institution. 

18 SEC. 4. ESTABLISHMENT OF MUSEUM. 

19 (a) ESTABLISHMENT.—There is established within 

20 the Smithsonian Institution a museum to be known as the 

21 ‘‘National Museum of the American Latino’’. 

22 (b) PURPOSES.—The purposes of the Museum are— 

23 (1) to illuminate the story of the United States 

24 for the benefit of all by featuring Latino contribu25 tions; and 

26 (2) to provide for— 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 2420 RS

1 (A) the collection, study, research, publica2 tion, and establishment of exhibitions and pro3 grams relating to Latino life, art, history, and 

4 culture that encompass— 

5 (i) Latino contributions to the early 

6 history of what now encompasses the 

7 United States of America and its terri8 tories; 

9 (ii) Latino contributions in the armed 

10 services from the earliest days of the 

11 American Revolution to current military 

12 activities in defense of our freedoms; 

13 (iii) Latino contributions to the free14 dom, well-being, and economic prosperity 

15 of all people in the United States through 

16 historical movements; 

17 (iv) entrepreneurial and charitable ac18 tivities of Latinos; 

19 (v) contributions by Latinos to— 

20 (I) the social, natural, and phys21 ical sciences; and 

22 (II) art, history, and culture, in23 cluding food, music, dance, film, the24 ater, sports, and other forms of pop25 ular culture in the United States; and 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 2420 RS

1 (B) collaboration between the Museum, 

2 other museums and research centers of the 

3 Smithsonian Institution, and other museums 

4 and educational institutions throughout the 

5 United States and abroad, to promote the study 

6 and appreciation of Latino life, art, history, cul7 ture, and its impact on society in the United 

8 States, including collaboration concerning joint 

9 research projects, programs, exhibitions, collec10 tion management, and training of museum 

11 staff. 

12 SEC. 5. BOARD OF TRUSTEES. 

13 (a) ESTABLISHMENT.—There is established within 

14 the Smithsonian Institution a Board of Trustees of the 

15 Museum with the duties, powers, and authority specified 

16 in this section. 

17 (b) DUTIES.— 

18 (1) IN GENERAL.—The Board of Trustees— 

19 (A) shall— 

20 (i) make recommendations to the 

21 Board of Regents concerning the location, 

22 planning, design, and construction of the 

23 Museum; 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 2420 RS

1 (ii) recommend annual operating 

2 budgets for the Museum to the Board of 

3 Regents; 

4 (iii) adopt bylaws for the Board of 

5 Trustees; 

6 (iv) report annually to the Board of 

7 Regents on the acquisition, disposition, 

8 and display of Latino collections, objects 

9 and artifacts, and on other appropriate 

10 matters; and 

11 (v) advise and assist the Board of Re12 gents on all matters relating to the admin13 istration, operation, maintenance, and 

14 preservation of the Museum, including 

15 long-term maintenance; and 

16 (B) may delegate the duties described in 

17 clauses (i) through (iv) of subparagraph (A) to 

18 the Director. 

19 (2) PRINCIPAL RESPONSIBILITIES.—Subject to 

20 the general policies of the Board of Regents, the 

21 Board of Trustees shall have the sole authority to— 

22 (A) purchase, accept, borrow, or otherwise 

23 acquire artifacts and other objects for addition 

24 to the collections of the Museum; 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 2420 RS

1 (B) loan, exchange, sell, or otherwise dis2 pose of any part of the collections of the Mu3 seum, with the proceeds of such transactions to 

4 be used for additions to the collections of the 

5 Museum; and 

6 (C) specify criteria with respect to the use 

7 of the collections and resources of the Museum, 

8 including policies on programming, education, 

9 exhibitions, and research with respect to— 

10 (i) the life, art, history, culture, and 

11 other aspects of Latinos in the United 

12 States and the territories of the United 

13 States; 

14 (ii) the role of Latinos in the history 

15 of the United States from the arrival of 

16 the first explorers to the Americas to the 

17 present; 

18 (iii) the contributions of Latinos to 

19 society and culture in the United States, 

20 and exploring what it means to be an 

21 American; and 

22 (iv) sharing how values in the United 

23 States such as resiliency, optimism, and 

24 spirituality are reflected in Latino history 

25 and culture. 


kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 2420 RS

1 (3) OTHER RESPONSIBILITIES.—Subject to the 

2 general policies of the Board of Regents, the Board 

3 of Trustees shall have authority to— 

4 (A) provide for preservation, restoration, 

5 and maintenance of the collections of the Mu6 seum; and 

7 (B) solicit, accept, use, and dispose of 

8 gifts, bequests, and devises of personal and real 

9 property for the purpose of aiding and facili10 tating the work of the Museum. 

11 (4) ENSURING DIVERSITY OF POLITICAL VIEW12 POINTS IN EXHIBITS AND PROGRAMS.—In carrying 

13 out its duties, the Board of Trustees shall ensure 

14 that the exhibits and programs of the Museum re15 flect the diversity of the political viewpoints held by 

16 Latinos of the United States on the events and 

17 issues relating to the history of Latinos in the 

18 United States. 

19 (c) COMPOSITION AND APPOINTMENT.— 

20 (1) IN GENERAL.—The Board of Trustees shall 

21 be composed of not more than 19 voting members 

22 as provided under paragraph (2). 

23 (2) VOTING MEMBERS.—The Board of Trustees 

24 shall include the following voting members: 


kjohnson on DSK79L0C42PROD with BILLS
9 

•HR 2420 RS

1 (A) The Secretary of the Smithsonian In2 stitution. 

3 (B) The Under Secretary of Museums and 

4 Research of the Smithsonian Institution. 

5 (C) The chair of the Smithsonian National 

6 Latino Board. 

7 (D) One member of the Board of Regents, 

8 appointed by the Board of Regents. 

9 (E) Two Members of Congress, one from 

10 each political party, designated by the Congres11 sional Hispanic Caucus and the Congressional 

12 Hispanic Conference. 

13 (F) Thirteen individuals who shall be ap14 pointed by the Board of Regents after taking 

15 into consideration— 

16 (i) efforts to have a politically and 

17 geographically diverse representation on 

18 the Board of Trustees reflecting States 

19 and territories with significant Latino pop20 ulations; 

21 (ii) individuals recommended by mem22 bers of the Board of Trustees; and 

23 (iii) individuals recommended by orga24 nizations and entities that are committed 


kjohnson on DSK79L0C42PROD with BILLS
10 

•HR 2420 RS

1 to the advancement of knowledge of Latino 

2 life, art, history, and culture. 

3 (3) INITIAL APPOINTMENTS.—The Board of 

4 Regents shall make initial appointments to the 

5 Board of Trustees under paragraph (2) not later 

6 than 180 days after the date of enactment of this 

7 Act. 

8 (d) TERMS OF SERVICE.— 

9 (1) IN GENERAL.—Except as provided in this 

10 subsection, each appointed member of the Board of 

11 Trustees shall be appointed for a term of 3 years. 

12 (2) INITIAL APPOINTEES.—As designated by 

13 the Board of Regents at the time of appointment, of 

14 the voting members first appointed under subpara15 graph (F) of subsection (c)(2)— 

16 (A) Five members shall be appointed for a 

17 term of 1 year; 

18 (B) Four members shall be appointed for 

19 a term of 2 years; and 

20 (C) Four members shall be appointed for 

21 a term of 3 years. 

22 (3) REAPPOINTMENT.—A member of the Board 

23 of Trustees may be reappointed, except that no indi24 vidual may serve on the Board of Trustees for a 

25 total of more than 2 full terms. For purposes of this 


kjohnson on DSK79L0C42PROD with BILLS
11 

•HR 2420 RS

1 paragraph, the number of terms an individual serves 

2 on the Board of Trustees shall not include any por3 tion of a term for which an individual is appointed 

4 to fill a vacancy under paragraph (4)(B). 

5 (4) VACANCIES.— 

6 (A) IN GENERAL.—A vacancy on the 

7 Board of Trustees— 

8 (i) shall not affect the powers of the 

9 Board of Trustees; and 

10 (ii) shall be filled in the same manner 

11 as the original appointment was made. 

12 (B) TERM.—Any member of the Board of 

13 Trustees appointed to fill a vacancy occurring 

14 before the expiration of the term for which the 

15 member’s predecessor was appointed shall be 

16 appointed for the remainder of that term. 

17 (e) COMPENSATION.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2), a member of the Board of Trustees shall 

20 serve without pay. 

21 (2) TRAVEL EXPENSES.—A member of the 

22 Board of Trustees shall be allowed travel expenses, 

23 including per diem in lieu of subsistence, at rates 

24 authorized for an employee of an agency under sub25 chapter I of chapter 57 of title 5, United States 


kjohnson on DSK79L0C42PROD with BILLS
12 

•HR 2420 RS

1 Code, while away from the home or regular place of 

2 business of the member in the performance of the 

3 duties of the Board of Trustees. 

4 (f) CHAIRPERSON.—By a majority vote of its voting 

5 members, the Board of Trustees shall elect a chairperson 

6 from its members. 

7 (g) MEETINGS.— 

8 (1) IN GENERAL.—The Board of Trustees shall 

9 meet at the call of the chairperson or on the written 

10 request of a majority of the voting members of the 

11 Board of Trustees, but not fewer than twice each 

12 year. 

13 (2) MEETING FORMAT.—Regularly scheduled 

14 meetings and special meetings may be conducted in15 person, telephonically, electronically, or by any 

16 means appropriate as determined by the chairperson. 

17 (h) QUORUM.—A majority of the voting members of 

18 the Board of Trustees holding office shall constitute a 

19 quorum for the purpose of conducting business, but a less20 er number may receive information on behalf of the Board 

21 of Trustees. 

22 SEC. 6. DIRECTOR AND STAFF OF MUSEUM. 

23 (a) DIRECTOR.— 

24 (1) IN GENERAL.—The Museum shall have a 

25 Director who shall be appointed by the Secretary in 


kjohnson on DSK79L0C42PROD with BILLS
13 

•HR 2420 RS

1 consultation with Board of Trustees. The Secretary 

2 may appoint an interim Director to oversee the ini3 tial activity of establishing the Museum until a per4 manent Director is selected. 

5 (2) DUTIES.—The Director shall manage the 

6 Museum subject to the policies of the Board of Re7 gents and the Board of Trustees. 

8 (b) STAFF.—The Secretary may appoint two addi9 tional employees to serve under the Director, except that 

10 such additional employees may be appointed without re11 gard to the provisions of title 5, United States Code, gov12 erning appointments in the competitive service. 

13 (c) PAY.—The employees appointed by the Secretary 

14 under subsection (b) may be paid without regard to the 

15 provisions of chapter 51 and subchapter III of chapter 53 

16 of title 5, United States Code, relating to classification 

17 of positions and General Schedule pay rates. 

18 SEC. 7. EDUCATIONAL AND LIAISON PROGRAMS. 

19 (a) IN GENERAL.— 

20 (1) PROGRAMS AUTHORIZED.—The Director of 

21 the Museum may carry out educational and liaison 

22 programs in support of the goals of the Museum. 

23 (2) SPECIFIC ACTIVITIES.—In carrying out this 

24 section, the Director shall— 


kjohnson on DSK79L0C42PROD with BILLS
14 

•HR 2420 RS

1 (A) carry out educational programs relat2 ing to Latino life, art, history, and culture, in3 cluding— 

4 (i) programs using digital, electronic, 

5 and interactive technologies; and 

6 (ii) programs carried out in collabora7 tion with elementary schools, secondary 

8 schools, and postsecondary schools; and 

9 (B) consult with the Director of the Insti10 tute of Museum and Library Services con11 cerning the grant programs carried out under 

12 subsection (b). 

13 (b) GRANT PROGRAMS.— 

14 (1) IN GENERAL.—The Director of the Institute 

15 of Museum and Library Services, in consultation 

16 with the Board of Trustees and the Director of the 

17 Museum, shall establish and carry out— 

18 (A) a grant program with the purpose of 

19 improving operations, care of collections, cul20 turally appropriate public outreach, and devel21 opment of professional management at Amer22 ican Latino museums; 

23 (B) a grant program with the purpose of 

24 providing internship and fellowship opportuni25 ties at American Latino museums; 


kjohnson on DSK79L0C42PROD with BILLS
15 

•HR 2420 RS

1 (C) a scholarship program, in partnership 

2 with Hispanic-serving institutions, minority3 serving institutions, historically black colleges 

4 and universities, and other institutions of high5 er education, with the purpose of assisting indi6 viduals who are pursuing careers or carrying 

7 out studies in the arts, humanities, and sciences 

8 in the study of American Latino life, art, his9 tory, and culture; 

10 (D) in cooperation with other museums, 

11 historical societies, and educational institutions, 

12 a grant program with the purpose of promoting 

13 the understanding of the Latin American dias14 pora in the United States; and 

15 (E) a grant program under which an 

16 American Latino museum (including a non17 profit education organization the primary mis18 sion of which is to promote the study of the 

19 Latin American diaspora in the United States) 

20 may use funds provided under the grant to in21 crease an endowment fund established by the 

22 museum (or organization) as of October 1, 

23 2020, for the purposes of enhancing educational 

24 programming, and maintaining and operating 

25 traveling educational exhibits. 


kjohnson on DSK79L0C42PROD with BILLS
16 

•HR 2420 RS

1 (2) CLARIFICATION OF TREATMENT OF MU2 SEUM.—In this subsection, the term ‘‘American 

3 Latino museum’’ does not include the Museum. 

4 (3) AUTHORIZATION OF APPROPRIATIONS.— 

5 There are authorized to be appropriated to the Insti6 tute of Museum and Library Services to carry out 

7 this subsection— 

8 (A) $15,000,000 for fiscal year 2021; and 

9 (B) such sums as may be necessary for fis10 cal year 2022 and each succeeding fiscal year. 

11 SEC. 8. NATIONAL MUSEUM OF THE AMERICAN LATINO 

12 BUILDING AND SUPPORT FACILITIES. 

13 (a) IN GENERAL.— 

14 (1) LOCATION.— 

15 (A) IN GENERAL.—Not later than 24 

16 months after the date of the enactment of this 

17 Act, the Board of Regents shall designate a site 

18 for the Museum. 

19 (B) SITES FOR CONSIDERATION.—In des20 ignating a site under subparagraph (A), the 

21 Board of Regents shall select from among the 

22 following sites in the District of Columbia: 

23 (i) The Arts and Industries Building 

24 of the Smithsonian Institution, located on 

25 the National Mall at 900 Jefferson Drive, 


kjohnson on DSK79L0C42PROD with BILLS
17 

•HR 2420 RS

1 Southwest, Washington, District of Colum2 bia. 

3 (ii) A vacant area bounded by Inde4 pendence Avenue, Jefferson Drive, Raoul 

5 Wallenberg Place, and 14th Street South6 west, currently under the jurisdiction of 

7 the National Park Service. 

8 (iii) The area bounded by 3rd Street 

9 and 1st Street, Northwest and Constitu10 tion Avenue and Pennsylvania Avenue, 

11 Northwest, as measured from curb to curb, 

12 currently under the jurisdiction of the Ar13 chitect of the Capitol. 

14 (iv) The facility and grounds on the 

15 National Mall between 12th and 14th 

16 Streets, Southwest, and Jefferson Drive 

17 and Independence Avenue, Southwest, cur18 rently under the jurisdiction of the Depart19 ment of Agriculture. 

20 (v) Any other appropriate location as 

21 identified by the Board of Trustees or 

22 Board of Regents. 

23 (C) TRANSFER TO SMITHSONIAN INSTITU24 TION.—Except with respect to a site described 

25 in clause (i) of subparagraph (B), if the site 


kjohnson on DSK79L0C42PROD with BILLS
18 

•HR 2420 RS

1 designated for the Museum is in an area that 

2 is under the administrative jurisdiction of an3 other Federal entity, as soon as practicable 

4 after the date on which the designation is made, 

5 the head of the Federal entity shall transfer to 

6 the Smithsonian Institution administrative ju7 risdiction over the area selected for the site of 

8 the Museum. 

9 (D) CONSULTATION.—The Board of Re10 gents shall carry out its duties under this para11 graph in consultation with the following: 

12 (i) The Chair of the National Capital 

13 Planning Commission. 

14 (ii) The Chair of the Commission of 

15 Fine Arts. 

16 (iii) The Chair and Vice Chair of the 

17 Commission referred to in section 9. 

18 (iv) The Chair of the Building and 

19 Site Subcommittee of the Commission re20 ferred to in section 9. 

21 (v) The Chair and ranking minority 

22 member of each of the following Commit23 tees: 

24 (I) The Committee on Rules and 

25 Administration of the Senate. 


kjohnson on DSK79L0C42PROD with BILLS
19 

•HR 2420 RS

1 (II) The Committee on House 

2 Administration of the House of Rep3 resentatives. 

4 (III) The Committee on Trans5 portation and Infrastructure of the 

6 House of Representatives. 

7 (IV) The Committee on Appro8 priations of the House of Representa9 tives. 

10 (V) The Committee on Appro11 priations of the Senate. 

12 (vi) The Architect of the Capitol. 

13 (2) SIZE OF BUILDING.—The building con14 structed or modified to serve as the Museum shall 

15 occupy no less than the recommended square footage 

16 set forth in the report submitted by the Commission 

17 to Study the Potential Creation of a National Mu18 seum of the American Latino established under sec19 tion 333 of the Consolidated Natural Resources Act 

20 of 2008 (Public Law 110–229; 122 Stat. 784). 

21 (3) CONSTRUCTION OF BUILDING.—The Board 

22 of Regents, in consultation with the Board of Trust23 ees and other appropriate Federal and local agencies 

24 is authorized to prepare plans, design, and construct 

25 a building or modify an existing building for the MuVerDate Sep 11 2014 00:15 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.RS H2420

kjohnson on DSK79L0C42PROD with BILLS
20 

•HR 2420 RS

1 seum, which shall be located at the site selected by 

2 the Board of Regents under this subsection. 

3 (4) NONAPPLICABILITY OF PROVISIONS RELAT4 ING TO MONUMENTS, COMMEMORATIVE, AND OTHER

5 WORKS ON THE NATIONAL MALL.—Chapter 89 of 

6 title 40, United States Code, shall not apply with re7 spect to the Museum. 

8 (b) COST SHARING.—The Board of Regents shall 

9 pay— 

10 (1) 50 percent of the costs of carrying out this 

11 section from Federal funds; and 

12 (2) 50 percent of the costs of carrying out this 

13 section from non-Federal sources. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as are nec16 essary to carry out this section. 

17 SEC. 9. CONSIDERATION OF RECOMMENDATIONS OF COM18 MISSION. 

19 In carrying out their duties under this Act, the Board 

20 of Trustees and the Board of Regents shall take into con21 sideration the reports and plans submitted by the Commis22 sion to Study the Potential Creation of a National Mu23 seum of the American Latino established under section 

24 333 of the Consolidated Natural Resources Act of 2008 

25 (Public Law 110–229; 122 Stat. 784). 


kjohnson on DSK79L0C42PROD with BILLS
21 

•HR 2420 RS

1 SEC. 10. CONGRESSIONAL BUDGET ACT COMPLIANCE. 

2 Authority under this Act to enter into contracts or 

3 to make payments shall be effective in any fiscal year only 

4 to the extent provided in advance in an appropriations 

5 Act. 

6 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) IN GENERAL.—There are authorized to be appro8 priated to the Smithsonian Institution to carry out this 

9 Act, other than sections 7(b) and 8— 

10 (1) $20,000,000 for fiscal year 2021; and 

11 (2) such sums as are necessary for each fiscal 

12 year thereafter. 

13 (b) AVAILABILITY.—Amounts appropriated pursuant 

14 to the authorization of appropriations under subsection (a) 

15 shall remain available until expended. 

16 (c) USE OF FUNDS FOR FUNDRAISING.—Amounts 

17 appropriated pursuant to the authorization under this sec18 tion may be used to conduct fundraising in support of the 

19 Museum from private sources. 


kjohnson on DSK79L0C42PROD with BILLS
Calendar No. 600 

116TH CONGRESS 

2D SESSION H. R. 2420 

AN ACT 

To establish within the Smithsonian Institution the 

for other purposes. National Museum of the American Latino, and 

DECEMBER 3, 2020 

Reported without amendment 


kjohnson on DSK79L0C42PROD with BILLS