I 

108TH CONGRESS 

2D SESSION H. R. 4863

To establish the Commission to Establish the National Museum of the American Latino to develop a plan of action for the establishment and maintenance within the Smithsonian Institution of the National Museum of 

the American Latino in Washington, D.C., and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 20, 2004

Mr. BECERRA (for himself, Ms. ROS-LEHTINEN, Mr. RODRIGUEZ, Mr. ORTIZ, 

Mr. ACEVEDO-VILA ́, Mr. BACA, Mr. BROWN of Ohio, Mr. CARDOZA, Mr. 

DOGGETT, Mr. FROST, Mr. GONZALEZ, Mr. GRIJALVA, Mr. GUTIERREZ, 

Mr. HINOJOSA, Ms. LEE, Mr. MEEKS of New York, Mr. MENENDEZ, 

Mrs. NAPOLITANO, Ms. ROYBAL-ALLARD, Mr. SERRANO, Ms. SOLIS, and 

Mr. UDALL of New Mexico) introduced the following bill; which was referred to the Committee on House Administration 

A BILL

To establish the Commission to Establish the National Museum of the American Latino to develop a plan of action 

for the establishment and maintenance within the Smithsonian Institution of the National Museum of the American Latino in Washington, D.C., 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 ‘‘Commission to Estab3 lish the National Museum of the American Latino Act of 

4 2004’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds as follows: 

7 (1) American Latinos are an ethnically and ra8 cially diverse population. Still, whether known by the 

9 term ‘‘Hispanic’’ or ‘‘Latino,’’ or by the various na10 tional identities from which they obtain their eth11 nicity, American Latinos share a common heritage 

12 rooted in the mixture of the cultures of the indige13 nous peoples of the American continent, of the Euro14 pean colonizers from Spain, and of Africans who 

15 were brought to those colonies as slaves. 

16 (2) While the history of the United States for17 mally dates from 1776, American civilization was al18 ready centuries old by then. Latinos were present on 

19 the continent for more than 200 years prior to the 

20 Declaration of Independence. Spanish colonists 

21 founded the first permanent settlement on future 

22 United States territory in St. Augustine, Florida in 

23 1565. Indigenous nations that had thrived for cen24 turies prior to the landing of Columbus would later 

25 mix with colonists of various ethnicities from Spain 
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1 to create a third culture, one that continues to thrive 

2 in various forms throughout the Americas today. 

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

4 have come to this land searching for opportunity, 

5 prosperity, and chance. In this regard, not much has 

6 changed in over 3 centuries. Through every era of 

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

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

9 Since before the early colonization of the west, 

10 Latinos have labored under the harsh sun to put 

11 food on America’s tables. From the earliest days of 

12 American industry, Latinos have worked in our fac13 tories. Through every war and conflict, Latinos have 

14 served honorably and proudly next to their fellow 

15 Americans to defend the ideals of freedom, democ16 racy, and liberty worldwide, earning countless 

17 awards for valor and sacrifice. 

18 (4) The history, art, politics, economy, and cul19 ture of the United States have been enriched since 

20 the Nation’s founding by the influence of American 

21 Latinos and their traditions and innovations. Both 

22 native and foreign-born Latinos in the United States 

23 continue to make significant contributions to the 

24 arts and humanities, academia, and the popular cul25 ture that have benefited all Americans. 
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1 (5) According to the Bureau of the Census, the 

2 population of American Latinos recently grew to be3 come the largest demographic minority group in the 

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

5 38.8 million Latinos in the United States. One out 

6 of every three of these is under the age of 18, and 

7 four out of every 10 is under the age of 25. The 

8 youthfulness and rapid growth of this population en9 sure that American Latinos will have a substantial 

10 role in American life ranging from public policy to 

11 popular entertainment. Greater understanding of 

12 this role will benefit all of American society. 

13 (6) The American Latino population historically 

14 has been concentrated in certain regions of the 

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

16 there has been more dispersed growth of the commu17 nity throughout the entire country. In the southern 

18 states other than Texas, most have seen the popu19 lation of Latinos, primarily immigrants, double be20 tween the years 1990 and 2000, adding to the mix21 ture of cultures already there as these individuals 

22 adapt to Southern life. 

23 (7) Despite the history and demography as well 

24 as the ongoing contributions that American Latinos 

25 make to the cultural life of the United States, there 
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1 remains a great gap in the level and quality of 

2 awareness that other Americans possess about the 

3 rich and diverse character of Latino culture and his4 tory. Sometimes the lack of awareness manifests 

5 itself in the development of stereotypes or mis6 conceptions about Latinos. Greater effort is needed 

7 at a national level to educate other Americans about 

8 Latinos, and to celebrate and disseminate informa9 tion about Latino arts and history. Americans of all 

10 backgrounds benefit from greater understanding of 

11 the diversity that exists in the United States. 

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

13 largest museum and research complex, with 16 mu14 seums in the District of Columbia and New York 

15 City. The Smithsonian Institution museums, espe16 cially those on the National Mall, play a unique and 

17 important role in educating visitors to the Nation’s 

18 capital about our history, arts, and culture. The 

19 American people and international visitors recognize 

20 the Smithsonian Institution as the premier American 

21 museum, representing the vast diversity of cultural 

22 history of the United States. 

23 (9) After extensive dialogue, conferences, and 

24 collaboration among educators, scholars, and com25 munity leaders, as well as museums, universities, 
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1 cultural, and public institutions, a task force ap2 pointed to examine the Smithsonian Institution’s 

3 representation of American Latinos in its permanent 

4 exhibits and other public programs published ‘‘Will5 ful Neglect: The Smithsonian Institution and U.S. 

6 Latinos’’ (May 1994) and ‘‘Toward a Shared Vision: 

7 U.S. Latinos and the Smithsonian Institution’’ (Oc8 tober 1997). The reports indicate that the Smithso9 nian historically had a poor record of representing 

10 Latinos. This criticism led to the creation of the 

11 Smithsonian’s Center for Latino Initiatives in 1998. 

12 (10) The Center for Latino Initiatives has in13 creased the profile of Latino arts and culture and 

14 should be commended for promoting diversity and 

15 understanding of American Latino culture by the 

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

17 has shown that American Latino exhibits and pro18 grams are well received by the public and by the 

19 Latino community, which benefits from having some 

20 representation at the Smithsonian. Still, the level of 

21 representation at the Smithsonian of the Latino 

22 community is far from where it should be given 

23 American Latino history, demography, and contribu24 tions to the American cultural landscape. 
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1 (11) For these reasons, it is necessary to estab2 lish a commission to draft a plan of action for cre3 ating a National Museum of the American Latino 

4 within the Smithsonian Institution, on or near the 

5 National Mall in Washington, D.C. 

6 SEC. 3. ESTABLISHMENT OF COMMISSION. 

7 (a) IN GENERAL.—There is established the Commis8 sion to Establish the National Museum of the American 

9 Latino (hereafter in this Act referred to as the ‘‘Commis10 sion’’). 

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

12 23 members appointed not later than 6 months after the 

13 date of the enactment of this Act as follows: 

14 (1) The President shall appoint 7 voting mem15 bers. 

16 (2) The Speaker of the House of Representa17 tives, the minority leader of the House of Represent18 atives, the Majority Leader of the Senate, and the 

19 Minority Leader of the Senate shall each appoint 3 

20 voting members. 

21 (3) In addition to the members appointed under 

22 paragraph (2), the Speaker of the House of Rep23 resentatives, the minority leader of the House of 

24 Representatives, the Majority Leader of the Senate, 
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1 and the Minority Leader of the Senate shall each 

2 appoint 1 nonvoting member. 

3 (c) QUALIFICATIONS.—Members of the Commission 

4 shall be chosen from among individuals, or representatives 

5 of institutions or entities, who possess either—

6 (1) a demonstrated commitment to the re7 search, study, or promotion of American Latino life, 

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

9 together with—

10 (A) expertise in museum administration; 

11 (B) expertise in fundraising for nonprofit 

12 or cultural institutions; 

13 (C) experience in the study and teaching of 

14 Latino culture and history at the post-sec15 ondary level; 

16 (D) experience in studying the issue of the 

17 Smithsonian Institution’s representation of 

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

19 or 

20 (E) extensive experience in public or elect21 ed service; or 

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

23 planning for the establishment of, museums devoted 

24 to the study and promotion of the role of ethnic, ra25 cial, or cultural groups in American history. 
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1 SEC. 4. FUNCTIONS OF THE COMMISSION. 

2 (a) PLAN OF ACTION FOR ESTABLISHMENT AND

3 MAINTENANCE OF MUSEUM.—The Commission shall sub4 mit a report to the President and the Congress containing 

5 its recommendations with respect to a plan of action for 

6 the establishment and maintenance within the Smithso7 nian Institution of the National Museum of the American 

8 Latino in Washington, D.C. (hereafter in this Act referred 

9 to as the ‘‘Museum’’). 

10 (b) FUNDRAISING PLAN.—The Commission shall de11 velop a fundraising plan for supporting the creation and 

12 maintenance of the Museum through contributions by the 

13 American people, and a separate plan on fundraising by 

14 the American Latino community. 

15 (c) REPORT ON ISSUES.—The Commission shall ex16 amine (in consultation with the Secretary of the Smithso17 nian Institution), and submit a report to the President 

18 and the Congress on, the following issues: 

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

20 acquired and housed in the Museum. 

21 (2) The impact of the Museum on regional 

22 Hispanic- and Latino-related museums. 

23 (3) Possible locations for the Museum on or ad24 jacent to the National Mall in Washington, D.C., to 

25 be considered in consultation with the National Cap26 ital Planning Commission. 
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1 (4) The governance and organizational struc2 ture from which the Museum should operate. 

3 (5) How to engage the American Latino com4 munity in the development and design of the Mu5 seum. 

6 (d) LEGISLATION TO CARRY OUT PLAN OF AC7 TION.—Based on the recommendations contained in the 

8 report submitted under subsection (a) and the report sub9 mitted under subsection (c), the Commission shall submit 

10 for consideration to the Committee on Transportation and 

11 Infrastructure of the House of Representatives, the Com12 mittee on House Administration of the House of Rep13 resentatives, the Committee on Rules and Administration 

14 of the Senate, and the Committees on Appropriations of 

15 the House of Representatives and Senate a legislative plan 

16 of action to create and construct the Museum. 

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

18 functions under this section, the Commission shall convene 

19 a national conference on the Museum, comprised of indi20 viduals committed to the advancement of American Latino 

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

22 after the date of the enactment of this Act. 

23 SEC. 5. ADMINISTRATIVE PROVISIONS. 

24 (a) ADMINISTRATIVE SUPPORT SERVICES PROVIDED

25 BY SECRETARY OF THE INTERIOR.—The Secretary of the 
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1 Interior shall provide the Commission with the administra2 tive support services and facilities necessary for the Com3 mission to carry out its responsibilities under this Act. 

4 (b) NO COMPENSATION FOR MEMBERS.—Members of 

5 the Commission shall serve without pay, but shall receive 

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

7 in accordance with applicable provisions under subchapter 

8 I of chapter 57 of title 5, United States Code, and shall 

9 be reimbursed for other expenses incurred in carrying out 

10 their duties under this Act. 

11 (c) DIRECTOR AND STAFF.—Without regard to the 

12 provisions of title 5, United States Code, governing ap13 pointments in the competitive service, and without regard 

14 to the provisions of chapter 51 and subchapter III of chap15 ter 53 of that title relating to classification and General 

16 Schedule pay rates, the Commission may appoint and fix 

17 the pay of a Director and such other personnel as the 

18 Commission considers appropriate. 

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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