IIB 

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 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 the American Latino Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) The United States is a symbol of democ7 racy, freedom, and economic opportunity around the 

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

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

10 and economic opportunity of the United States. 

11 (2) There exists no national museum within the 

12 Smithsonian Institution that is devoted to the docu13 mentation and explication of Latino life, art, history, 

14 and culture. 

15 (3) The establishment of the National Museum 

16 of the American Latino will be consistent with the 

17 purposes of the Smithsonian Institution, created by 

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

19 knowledge’’. 

20 (4) The National Museum of the American 

21 Latino— 

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

23 United States and other Smithsonian Institu24 tion visitors to learn about Latino contributions 

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


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1 States at its signature location on the National 

2 Mall; and 

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

4 view other Latino exhibitions, collections, and 

5 programming at other Smithsonian Institution 

6 facilities and museums throughout the United 

7 States and the territories of the United States. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

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

11 Regents’’ means the Board of Regents of the Smith12 sonian Institution. 

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

14 of Trustees’’ means the Board of Trustees of the 

15 National Museum of the American Latino as estab16 lished by section 5. 

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

18 the Director of the National Museum of the Amer19 ican Latino. 

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

21 National Museum of the American Latino estab22 lished by section 4. 

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

24 the Secretary of the Smithsonian Institution. 


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1 SEC. 4. ESTABLISHMENT OF MUSEUM. 

2 (a) ESTABLISHMENT.—There is established within 

3 the Smithsonian Institution a museum to be known as the 

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

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

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

7 for the benefit of all by featuring Latino contribu8 tions; and 

9 (2) to provide for— 

10 (A) the collection, study, research, publica11 tion, and establishment of exhibitions and pro12 grams relating to Latino life, art, history, and 

13 culture that encompass— 

14 (i) Latino contributions to the early 

15 history of what now encompasses the 

16 United States of America and its terri17 tories; 

18 (ii) Latino contributions in the armed 

19 services from the earliest days of the 

20 American Revolution to current military 

21 activities in defense of our freedoms; 

22 (iii) Latino contributions to the free23 dom, well-being, and economic prosperity 

24 of all people in the United States through 

25 historical movements; 


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1 (iv) entrepreneurial and charitable ac2 tivities of Latinos; 

3 (v) contributions by Latinos to— 

4 (I) the social, natural, and phys5 ical sciences; and 

6 (II) art, history, and culture, in7 cluding food, music, dance, film, the8 ater, sports, and other forms of pop9 ular culture in the United States; and 

10 (B) collaboration between the Museum, 

11 other museums and research centers of the 

12 Smithsonian Institution, and other museums 

13 and educational institutions throughout the 

14 United States and abroad, to promote the study 

15 and appreciation of Latino life, art, history, cul16 ture, and its impact on society in the United 

17 States, including collaboration concerning joint 

18 research projects, programs, exhibitions, collec19 tion management, and training of museum 

20 staff. 

21 SEC. 5. BOARD OF TRUSTEES. 

22 (a) ESTABLISHMENT.—There is established within 

23 the Smithsonian Institution a Board of Trustees of the 

24 Museum with the duties, powers, and authority specified 

25 in this section. 


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1 (b) DUTIES.— 

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

3 (A) shall— 

4 (i) make recommendations to the 

5 Board of Regents concerning the location, 

6 planning, design, and construction of the 

7 Museum; 

8 (ii) recommend annual operating 

9 budgets for the Museum to the Board of 

10 Regents; 

11 (iii) adopt bylaws for the Board of 

12 Trustees; 

13 (iv) report annually to the Board of 

14 Regents on the acquisition, disposition, 

15 and display of Latino collections, objects 

16 and artifacts, and on other appropriate 

17 matters; and 

18 (v) advise and assist the Board of Re19 gents on all matters relating to the admin20 istration, operation, maintenance, and 

21 preservation of the Museum, including 

22 long-term maintenance; and 

23 (B) may delegate the duties described in 

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

25 the Director. 


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1 (2) PRINCIPAL RESPONSIBILITIES.—Subject to 

2 the general policies of the Board of Regents, the 

3 Board of Trustees shall have the sole authority to— 

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

5 acquire artifacts and other objects for addition 

6 to the collections of the Museum; 

7 (B) loan, exchange, sell, or otherwise dis8 pose of any part of the collections of the Mu9 seum, with the proceeds of such transactions to 

10 be used for additions to the collections of the 

11 Museum; and 

12 (C) specify criteria with respect to the use 

13 of the collections and resources of the Museum, 

14 including policies on programming, education, 

15 exhibitions, and research with respect to— 

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

17 other aspects of Latinos in the United 

18 States and the territories of the United 

19 States; 

20 (ii) the role of Latinos in the history 

21 of the United States from the arrival of 

22 the first explorers to the Americas to the 

23 present; 

24 (iii) the contributions of Latinos to 

25 society and culture in the United States, 


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1 and exploring what it means to be an 

2 American; and 

3 (iv) sharing how values in the United 

4 States such as resiliency, optimism, and 

5 spirituality are reflected in Latino history 

6 and culture. 

7 (3) OTHER RESPONSIBILITIES.—Subject to the 

8 general policies of the Board of Regents, the Board 

9 of Trustees shall have authority to— 

10 (A) provide for preservation, restoration, 

11 and maintenance of the collections of the Mu12 seum; and 

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

14 gifts, bequests, and devises of personal and real 

15 property for the purpose of aiding and facili16 tating the work of the Museum. 

17 (4) ENSURING DIVERSITY OF POLITICAL VIEW18 POINTS IN EXHIBITS AND PROGRAMS.—In carrying 

19 out its duties, the Board of Trustees shall ensure 

20 that the exhibits and programs of the Museum re21 flect the diversity of the political viewpoints held by 

22 Latinos of the United States on the events and 

23 issues relating to the history of Latinos in the 

24 United States. 

25 (c) COMPOSITION AND APPOINTMENT.— 


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

2 be composed of not more than 19 voting members 

3 as provided under paragraph (2). 

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

5 shall include the following voting members: 

6 (A) The Secretary of the Smithsonian In7 stitution. 

8 (B) The Under Secretary of Museums and 

9 Research of the Smithsonian Institution. 

10 (C) The chair of the Smithsonian National 

11 Latino Board. 

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

13 appointed by the Board of Regents. 

14 (E) Two Members of Congress, one from 

15 each political party, designated by the Congres16 sional Hispanic Caucus and the Congressional 

17 Hispanic Conference. 

18 (F) Thirteen individuals who shall be ap19 pointed by the Board of Regents after taking 

20 into consideration— 

21 (i) efforts to have a politically and 

22 geographically diverse representation on 

23 the Board of Trustees reflecting States 

24 and territories with significant Latino pop25 ulations; 


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1 (ii) individuals recommended by mem2 bers of the Board of Trustees; and 

3 (iii) individuals recommended by orga4 nizations and entities that are committed 

5 to the advancement of knowledge of Latino 

6 life, art, history, and culture. 

7 (3) INITIAL APPOINTMENTS.—The Board of 

8 Regents shall make initial appointments to the 

9 Board of Trustees under paragraph (2) not later 

10 than 180 days after the date of enactment of this 

11 Act. 

12 (d) TERMS OF SERVICE.— 

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

14 subsection, each appointed member of the Board of 

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

16 (2) INITIAL APPOINTEES.—As designated by 

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

18 the voting members first appointed under subpara19 graph (F) of subsection (c)(2)— 

20 (A) Five members shall be appointed for a 

21 term of 1 year; 

22 (B) Four members shall be appointed for 

23 a term of 2 years; and 

24 (C) Four members shall be appointed for 

25 a term of 3 years. 


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

2 of Trustees may be reappointed, except that no indi3 vidual may serve on the Board of Trustees for a 

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

5 paragraph, the number of terms an individual serves 

6 on the Board of Trustees shall not include any por7 tion of a term for which an individual is appointed 

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

9 (4) VACANCIES.— 

10 (A) IN GENERAL.—A vacancy on the 

11 Board of Trustees— 

12 (i) shall not affect the powers of the 

13 Board of Trustees; and 

14 (ii) shall be filled in the same manner 

15 as the original appointment was made. 

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

17 Trustees appointed to fill a vacancy occurring 

18 before the expiration of the term for which the 

19 member’s predecessor was appointed shall be 

20 appointed for the remainder of that term. 

21 (e) COMPENSATION.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), a member of the Board of Trustees shall 

24 serve without pay. 


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

2 Board of Trustees shall be allowed travel expenses, 

3 including per diem in lieu of subsistence, at rates 

4 authorized for an employee of an agency under sub5 chapter I of chapter 57 of title 5, United States 

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

7 business of the member in the performance of the 

8 duties of the Board of Trustees. 

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

10 members, the Board of Trustees shall elect a chairperson 

11 from its members. 

12 (g) MEETINGS.— 

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

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

15 request of a majority of the voting members of the 

16 Board of Trustees, but not fewer than twice each 

17 year. 

18 (2) MEETING FORMAT.—Regularly scheduled 

19 meetings and special meetings may be conducted in20 person, telephonically, electronically, or by any 

21 means appropriate as determined by the chairperson. 

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

23 the Board of Trustees holding office shall constitute a 

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1 er number may receive information on behalf of the Board 

2 of Trustees. 

3 SEC. 6. DIRECTOR AND STAFF OF MUSEUM. 

4 (a) DIRECTOR.— 

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

6 Director who shall be appointed by the Secretary in 

7 consultation with Board of Trustees. The Secretary 

8 may appoint an interim Director to oversee the ini9 tial activity of establishing the Museum until a per10 manent Director is selected. 

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

12 Museum subject to the policies of the Board of Re13 gents and the Board of Trustees. 

14 (b) STAFF.—The Secretary may appoint two addi15 tional employees to serve under the Director, except that 

16 such additional employees may be appointed without re17 gard to the provisions of title 5, United States Code, gov18 erning appointments in the competitive service. 

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

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

21 provisions of chapter 51 and subchapter III of chapter 53 

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

23 of positions and General Schedule pay rates. 

24 SEC. 7. EDUCATIONAL AND LIAISON PROGRAMS. 

25 (a) IN GENERAL.— 


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1 (1) PROGRAMS AUTHORIZED.—The Director of 

2 the Museum may carry out educational and liaison 

3 programs in support of the goals of the Museum. 

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

5 section, the Director shall— 

6 (A) carry out educational programs relat7 ing to Latino life, art, history, and culture, in8 cluding— 

9 (i) programs using digital, electronic, 

10 and interactive technologies; and 

11 (ii) programs carried out in collabora12 tion with elementary schools, secondary 

13 schools, and postsecondary schools; and 

14 (B) consult with the Director of the Insti15 tute of Museum and Library Services con16 cerning the grant programs carried out under 

17 subsection (b). 

18 (b) GRANT PROGRAMS.— 

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

20 of Museum and Library Services, in consultation 

21 with the Board of Trustees and the Director of the 

22 Museum, shall establish and carry out— 

23 (A) a grant program with the purpose of 

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1 opment of professional management at Amer2 ican Latino museums; 

3 (B) a grant program with the purpose of 

4 providing internship and fellowship opportuni5 ties at American Latino museums; 

6 (C) a scholarship program, in partnership 

7 with Hispanic-serving institutions, minority8 serving institutions, historically black colleges 

9 and universities, and other institutions of high10 er education, with the purpose of assisting indi11 viduals who are pursuing careers or carrying 

12 out studies in the arts, humanities, and sciences 

13 in the study of American Latino life, art, his14 tory, and culture; 

15 (D) in cooperation with other museums, 

16 historical societies, and educational institutions, 

17 a grant program with the purpose of promoting 

18 the understanding of the Latin American dias19 pora in the United States; and 

20 (E) a grant program under which an 

21 American Latino museum (including a non22 profit education organization the primary mis23 sion of which is to promote the study of the 

24 Latin American diaspora in the United States) 

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1 crease an endowment fund established by the 

2 museum (or organization) as of October 1, 

3 2020, for the purposes of enhancing educational 

4 programming, and maintaining and operating 

5 traveling educational exhibits. 

6 (2) CLARIFICATION OF TREATMENT OF MU7 SEUM.—In this subsection, the term ‘‘American 

8 Latino museum’’ does not include the Museum. 

9 (3) AUTHORIZATION OF APPROPRIATIONS.— 

10 There are authorized to be appropriated to the Insti11 tute of Museum and Library Services to carry out 

12 this subsection— 

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

14 (B) such sums as may be necessary for fis15 cal year 2022 and each succeeding fiscal year. 

16 SEC. 8. NATIONAL MUSEUM OF THE AMERICAN LATINO 

17 BUILDING AND SUPPORT FACILITIES. 

18 (a) IN GENERAL.— 

19 (1) LOCATION.— 

20 (A) IN GENERAL.—Not later than 24 

21 months after the date of the enactment of this 

22 Act, the Board of Regents shall designate a site 

23 for the Museum. 

24 (B) SITES FOR CONSIDERATION.—In des25 ignating a site under subparagraph (A), the 


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1 Board of Regents shall select from among the 

2 following sites in the District of Columbia: 

3 (i) The Arts and Industries Building 

4 of the Smithsonian Institution, located on 

5 the National Mall at 900 Jefferson Drive, 

6 Southwest, Washington, District of Colum7 bia. 

8 (ii) A vacant area bounded by Inde9 pendence Avenue, Jefferson Drive, Raoul 

10 Wallenberg Place, and 14th Street South11 west, currently under the jurisdiction of 

12 the National Park Service. 

13 (iii) The area bounded by 3rd Street 

14 and 1st Street, Northwest and Constitu15 tion Avenue and Pennsylvania Avenue, 

16 Northwest, as measured from curb to curb, 

17 currently under the jurisdiction of the Ar18 chitect of the Capitol. 

19 (iv) The facility and grounds on the 

20 National Mall between 12th and 14th 

21 Streets, Southwest, and Jefferson Drive 

22 and Independence Avenue, Southwest, cur23 rently under the jurisdiction of the Depart24 ment of Agriculture. 


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1 (v) Any other appropriate location as 

2 identified by the Board of Trustees or 

3 Board of Regents. 

4 (C) TRANSFER TO SMITHSONIAN INSTITU5 TION.—Except with respect to a site described 

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

7 designated for the Museum is in an area that 

8 is under the administrative jurisdiction of an9 other Federal entity, as soon as practicable 

10 after the date on which the designation is made, 

11 the head of the Federal entity shall transfer to 

12 the Smithsonian Institution administrative ju13 risdiction over the area selected for the site of 

14 the Museum. 

15 (D) CONSULTATION.—The Board of Re16 gents shall carry out its duties under this para17 graph in consultation with the following: 

18 (i) The Chair of the National Capital 

19 Planning Commission. 

20 (ii) The Chair of the Commission of 

21 Fine Arts. 

22 (iii) The Chair and Vice Chair of the 

23 Commission referred to in section 9. 


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1 (iv) The Chair of the Building and 

2 Site Subcommittee of the Commission re3 ferred to in section 9. 

4 (v) The Chair and ranking minority 

5 member of each of the following Commit6 tees: 

7 (I) The Committee on Rules and 

8 Administration of the Senate. 

9 (II) The Committee on House 

10 Administration of the House of Rep11 resentatives. 

12 (III) The Committee on Trans13 portation and Infrastructure of the 

14 House of Representatives. 

15 (IV) The Committee on Appro16 priations of the House of Representa17 tives. 

18 (V) The Committee on Appro19 priations of the Senate. 

20 (vi) The Architect of the Capitol. 

21 (2) SIZE OF BUILDING.—The building con22 structed or modified to serve as the Museum shall 

23 occupy no less than the recommended square footage 

24 set forth in the report submitted by the Commission 

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1 seum of the American Latino established under sec2 tion 333 of the Consolidated Natural Resources Act 

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

4 (3) CONSTRUCTION OF BUILDING.—The Board 

5 of Regents, in consultation with the Board of Trust6 ees and other appropriate Federal and local agencies 

7 is authorized to prepare plans, design, and construct 

8 a building or modify an existing building for the Mu9 seum, which shall be located at the site selected by 

10 the Board of Regents under this subsection. 

11 (4) NONAPPLICABILITY OF PROVISIONS RELAT12 ING TO MONUMENTS, COMMEMORATIVE, AND OTHER

13 WORKS ON THE NATIONAL MALL.—Chapter 89 of 

14 title 40, United States Code, shall not apply with re15 spect to the Museum. 

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

17 pay— 

18 (1) 50 percent of the costs of carrying out this 

19 section from Federal funds; and 

20 (2) 50 percent of the costs of carrying out this 

21 section from non-Federal sources. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated such sums as are nec24 essary to carry out this section. 


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1 SEC. 9. CONSIDERATION OF RECOMMENDATIONS OF COM2 MISSION. 

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

4 of Trustees and the Board of Regents shall take into con5 sideration the reports and plans submitted by the Commis6 sion to Study the Potential Creation of a National Mu7 seum of the American Latino established under section 

8 333 of the Consolidated Natural Resources Act of 2008 

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

10 SEC. 10. CONGRESSIONAL BUDGET ACT COMPLIANCE. 

11 Authority under this Act to enter into contracts or 

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

13 to the extent provided in advance in an appropriations 

14 Act. 

15 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) IN GENERAL.—There are authorized to be appro17 priated to the Smithsonian Institution to carry out this 

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

19 (1) $20,000,000 for fiscal year 2021; and 

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

21 year thereafter. 

22 (b) AVAILABILITY.—Amounts appropriated pursuant 

23 to the authorization of appropriations under subsection (a) 

24 shall remain available until expended. 

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

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1 tion may be used to conduct fundraising in support of the 

2 Museum from private sources. 

Passed the House of Representatives July 27, 2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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