II 

108TH CONGRESS 

2D SESSION S. 2434

To establish the Commission to Study the Potential Creation of a National 

Museum of the American Latino Community to develop a plan of action 

for the establishment and maintenance of a National Museum of the 

American Latino Community in Washington, DC, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 18, 2004

Mr. HATCH (for himself, Mrs. BOXER, Mrs. HUTCHISON, and Mr. BINGAMAN) 

introduced the following bill; which was read twice and referred to the 

Committee on Energy and Natural Resources 

A BILL

To establish the Commission to Study the Potential Creation 

of a National Museum of the American Latino Community to develop a plan of action for the establishment 

and maintenance of a National Museum of the American 

Latino Community in Washington, DC, 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 ‘‘Commission to Study 

5 the Potential Creation of a National Museum of the Amer6 ican Latino Community Act of 2004’’. 
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1 SEC. 2. FINDINGS. 

2 Congress finds as follows: 

3 (1) American Latinos are an ethnically and ra4 cially diverse population. Still, whether known by the 

5 term ‘‘Hispanic’’ or ‘‘Latino’’, or by the various na6 tional identities from which they obtain their eth7 nicity, American Latinos share a common heritage 

8 rooted in the mixture of the cultures of the indige9 nous peoples of the American continent, of the Euro10 pean colonizers from Spain, and of Africans who 

11 were brought to those colonies as slaves. 

12 (2) While the history of the United States for13 mally dates from 1776, American civilization was al14 ready centuries old by then. Latinos were present on 

15 the continent for more than 200 years prior to the 

16 Declaration of Independence. Spanish colonists 

17 founded the first permanent settlement on future 

18 United States territory in St. Augustine, Florida in 

19 1565. Indigenous nations that had thrived for cen20 turies prior to the landing of Columbus would later 

21 mix with colonists of various ethnicities from Spain 

22 to create a third culture, one that continues to thrive 

23 in various forms throughout the Americas today. 

24 (3) Since before our Nation’s founding, Latinos 

25 have come to this land searching for opportunity, 

26 prosperity, and chance. In this regard, not much has 
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1 changed in over 3 centuries. Through every era of 

2 our Nation’s history, whether in the fields of plenty 

3 or on the field of battle, a Latino presence was felt. 

4 Through every war and conflict, Latinos have served 

5 honorably and proudly next to their fellow Ameri6 cans to defend the ideals of freedom, democracy, and 

7 liberty worldwide, earning countless awards for valor 

8 and sacrifice. 

9 (4) The history, art, politics, economy, and cul10 ture of the United States have been enriched by the 

11 influence of American Latinos and their traditions 

12 and innovations. Both native and foreign-born 

13 Latinos in the United States continue to make sig14 nificant contributions to the arts and humanities, 

15 academia, and the popular culture that have bene16 fitted all Americans. 

17 (5) According to the Bureau of the Census, the 

18 population of American Latinos recently grew to be19 come the largest demographic minority group in the 

20 country. As of July 2002, there were an estimated 

21 38.8 million Latinos in the United States. One out 

22 of every three of these is under the age of 18. The 

23 youthfulness and rapid growth of this population en24 sure that American Latinos will have a substantial 

25 role in American life ranging from public policy to 
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1 popular entertainment. Greater understanding of 

2 this role will benefit all of American society. 

3 (6) The American Latino population historically 

4 has been concentrated in certain regions of the 

5 United States. In the last several decades, however, 

6 there has been more dispersed growth of the commu7 nity throughout the entire country. 

8 (7) Despite the contributions that American 

9 Latinos make to the cultural life of the United 

10 States, there remains a lack of awareness by other 

11 Americans about the rich and diverse character of 

12 Latino culture and history, which may contribute to 

13 stereotypes or misconceptions about Latinos. Great14 er effort is needed at a national level to educate 

15 other Americans about Latinos and to celebrate and 

16 disseminate information about Latino culture and 

17 history. Americans of all backgrounds benefit from 

18 greater understanding of the diversity that exists in 

19 the United States. 

20 (8) The Smithsonian Institution is the world’s 

21 largest museum and research complex, with 16 mu22 seums in the District of Columbia and New York 

23 City. The Smithsonian Institution museums play a 

24 unique and important role in educating visitors to 

25 the Nation’s capital about our history, arts, and cul-
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1 ture. The American people and international visitors 

2 recognize the Smithsonian Institution as the premier 

3 American museum, representing the vast diversity of 

4 cultural history of the United States. 

5 (9) A task force appointed to examine the 

6 Smithsonian Institution’s representation of Amer7 ican Latinos in its permanent exhibits and other 

8 public programs published ‘‘Willful Neglect: The 

9 Smithsonian Institution and U.S. Latinos’’ (May 

10 1994) and ‘‘Toward a Shared Vision: U.S. Latinos 

11 and the Smithsonian Institution’’ (October 1997). 

12 The reports indicate that the Smithsonian histori13 cally had a poor record of representing Hispanics. 

14 This criticism led to the creation of the 

15 Smithsonian’s Center for Latino Initiatives in 1998. 

16 (10) The Center for Latino Initiatives has in17 creased the profile of Latino arts and culture and 

18 should be commended for promoting diversity and 

19 understanding of American Latino culture by the 

20 Smithsonian’s patrons. The Center’s short history 

21 has shown that American Latino exhibits and pro22 grams are well received by the public and by the 

23 Latino community. However, given American Latino 

24 history, demography, and contributions to the Amer-
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1 ican cultural landscape, a more complete representa2 tion is in order. 

3 (11) Fro these reasons, it is necessary to estab4 lish a commission to draft a plan of action for cre5 ating a National Museum of the American Latino 

6 Community within the Smithsonian Institution, on 

7 or near the National Mall in Washington, DC. 

8 SEC. 3. ESTABLISHMENT OF COMMISSION. 

9 (a) IN GENERAL.—There is established the Commis10 sion to Study the Potential Creation of a National Mu11 seum of the American Latino Community (hereafter in 

12 this Act referred to as the ‘‘Commission’’). 

13 (b) MEMBERSHIP.—The Commission shall consist of 

14 23 members appointed not later than 6 months after the 

15 date of the enactment of this Act as follows: 

16 (1) The President shall appoint 7 voting mem17 bers. 

18 (2) The Speaker of the House of Representa19 tives, the minority leader of the House of Represent20 atives, the majority leader of the Senate, and the mi21 nority leader of the Senate shall each appoint 3 vot22 ing members. 

23 (3) In addition to the members appointed under 

24 paragraph (2), the Speaker of the House of Rep25 resentatives, the minority leader of the House of 
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1 Representatives, the majority leader of the Senate, 

2 and the minority leader of the Senate shall each ap3 point 1 nonvoting member. 

4 (c) QUALIFICATIONS.—Members of the Commission 

5 shall be chosen from among individuals, or representatives 

6 of institutions or entities, who possess either— 

7 (1) a demonstrated commitment to the re8 search, study, or promotion of American Latino life, 

9 art, history, political or economic status, or culture, 

10 together with— 

11 (A) expertise in museum administration; 

12 (B) expertise in fundraising for nonprofit 

13 or cultural institutions; 

14 (C) experience in the study and teaching of 

15 Latino culture and history at the post-sec16 ondary level; 

17 (D) experience in studying the issue of the 

18 Smithsonian Institution’s representation of 

19 American Latino art, life, history, and culture; 

20 or 

21 (E) extensive experience in public or elect22 ed service; or 

23 (2) experience in the administration of, or the 

24 planning for the establishment of, museums devoted 
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1 to the study and promotion of the role of ethnic, ra2 cial, or cultural groups in American history. 

3 SEC. 4. FUNCTIONS OF THE COMMISSION. 

4 (a) PLAN OF ACTION FOR ESTABLISHMENT AND

5 MAINTENANCE OF MUSEUM.—The Commission shall sub6 mit a report to the President and the Congress containing 

7 its recommendations with respect to a plan of action for 

8 the establishment and maintenance of a National Museum 

9 of the American Latino Community in Washington, DC 

10 (hereafter in this Act referred to as the ‘‘Museum’’). 

11 (b) FUNDRAISING PLAN.—The Commission shall de12 velop a fundraising plan for supporting the creation and 

13 maintenance of the Museum through contributions by the 

14 American people, and a separate plan on fundraising by 

15 the American Latino community. 

16 (c) REPORT ON ISSUES.—The Commission shall ex17 amine (in consultation with the Secretary of the Smithso18 nian Institution), and submit a report to the President 

19 and the Congress on, the following issues: 

20 (1) The availability and cost of collections to be 

21 acquired and housed in the Museum. 

22 (2) The impact of the Museum on regional 

23 Hispanic- and Latino-related museums. 

24 (3) Possible locations for the Museum in Wash25 ington, DC and its environs, to be considered in con-
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1 sultation with the National Capital Planning Com2 mission and the Commission of Fine Arts. 

3 (4) Whether the Museum should be located 

4 within the Smithsonian Institution. 

5 (5) The governance and organizational struc6 ture from which the Museum should operate. 

7 (6) How to engage the American Latino com8 munity in the development and design of the Mu9 seum. 

10 (d) LEGISLATION TO CARRY OUT PLAN OF AC11 TION.—Based on the recommendations contained in the 

12 report submitted under subsection (a) and the report sub13 mitted under subsection (c), the Commission shall submit 

14 for consideration to the Committee on Transportation and 

15 Infrastructure of the House of Representatives, the Com16 mittee on House Administration of the House of Rep17 resentatives, the Committee on Resources of the House 

18 of Representatives, the Committee on Energy and Natural 

19 Resources of the Senate, and the Committees on Appro20 priations of the House of Representatives and the Senate 

21 a legislative plan of action to create and construct the Mu22 seum. 

23 (e) NATIONAL CONFERENCE.—In carrying out its 

24 functions under this section, the Commission shall convene 

25 a national conference on the Museum, comprised of indi-
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1 viduals committed to the advancement of American Latino 

2 life, art, history, and culture, not later than 9 months 

3 after the date of the enactment of this Act. 

4 SEC. 5. ADMINISTRATIVE PROVISIONS. 

5 (a) FACILITIES AND SUPPORT OF SECRETARY OF IN6 TERIOR.—The Secretary of the Interior shall provide the 

7 administrative services, facilities, and funds necessary for 

8 the performance of the Commission’s functions. 

9 (b) COMPENSATION.—Each member of the Commis10 sion who is not an officer or employee of the Federal Gov11 ernment may receive compensation for each day on which 

12 the member is engaged in the work of the Commission, 

13 at a daily rate to be determined by the Secretary of the 

14 Interior. 

15 (c) TRAVEL EXPENSES.—Each member shall receive 

16 travel expenses, including per diem in lieu of subsistence, 

17 in accordance with applicable provisions under subchapter 

18 I of chapter 57 of title 5, United States Code. 

19 SEC. 6. DEADLINE FOR SUBMISSION OF REPORTS; TERMI20 NATION. 

21 (a) DEADLINE.—The Commission shall submit final 

22 versions of the reports and plans required under section 

23 4 not later than 18 months after the date of the enactment 

24 of this Act. 
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1 (b) TERMINATION.—The Commission shall terminate 

2 not later than 30 days after submitting the final versions 

3 of reports and plans pursuant to subsection (a). 

4 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated for carrying 

6 out the activities of the Commission $2,100,000 for fiscal 

7 year 2005 and $1,100,000 for fiscal year 2006.

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