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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1267 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  1st Session
                                S. 1267

To establish within the Smithsonian Institution the National Museum of 
              the American Latino, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2019

 Mr. Menendez (for himself, Mr. Cornyn, Ms. Cortez Masto, Mrs. Capito, 
Mrs. Feinstein, Mr. Rubio, Ms. Harris, Mr. Portman, Mr. Booker, and Ms. 
   McSally) introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL

 
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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Museum of the American 
Latino Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States is a symbol of democracy, freedom, 
        and economic opportunity around the world, and the legacy of 
        Latinos is deeply rooted in the very fabric of the history, 
        democracy, freedom, and economic opportunity of the United 
        States.
            (2) There exists no national museum within the Smithsonian 
        Institution that is devoted to the documentation and 
        explication of Latino life, art, history, and culture.
            (3) The establishment of the National Museum of the 
        American Latino will be consistent with the purposes of the 
        Smithsonian Institution, created by Congress in 1846, ``for the 
        increase and diffusion of knowledge''.
            (4) The National Museum of the American Latino--
                    (A) will be the keystone for people in the United 
                States and other Smithsonian Institution visitors to 
                learn about Latino contributions to life, art, history, 
                and culture in the United States at its signature 
                location on the National Mall; and
                    (B) will serve as a gateway for visitors to view 
                other Latino exhibitions, collections, and programming 
                at other Smithsonian Institution facilities and museums 
                throughout the United States and the territories of the 
                United States.
            (5) The National Museum of the American Latino will be 
        unique among the museums of the Smithsonian Institution in that 
        a significant number of the museum's staff will have joint 
        positions throughout the various other museums and research 
        centers of the Smithsonian Institution--
                    (A) resulting in a decreased need for resources for 
                the National Museum of the American Latino on the 
                National Mall; and
                    (B) contributing to an integrated approach in 
                telling the story of the United States in exhibits and 
                collections throughout the Smithsonian Institution.
            (6) By sharing resources (including funding and staff) that 
        are provided by direct appropriation to the National Museum of 
        the American Latino and resources that are provided to other 
        units of the Smithsonian Institution, the National Museum of 
        the American Latino will serve as a key agent in stimulating 
        and increasing Smithsonian Institution activities dedicated to 
        the collection, preservation, research, and exhibition of 
        Latino historical and cultural material reflecting the breadth 
        and depth of the experiences of Latino history and culture 
        throughout the Smithsonian Institution.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Board of regents.--The term ``Board of Regents'' means 
        the Board of Regents of the Smithsonian Institution.
            (2) Board of trustees.--The term ``Board of Trustees'' 
        means the Board of Trustees of the National Museum of the 
        American Latino as established by section 5.
            (3) Director.--The term ``Director'' means the Director of 
        the National Museum of the American Latino.
            (4) Museum.--The term ``Museum'' means the National Museum 
        of the American Latino established by section 4.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Smithsonian Institution.

SEC. 4. ESTABLISHMENT OF MUSEUM.

    (a) Establishment.--There is established within the Smithsonian 
Institution a museum to be known as the ``National Museum of the 
American Latino''.
    (b) Purposes.--The purposes of the Museum are--
            (1) to illuminate the story of the United States for the 
        benefit of all by featuring Latino contributions; and
            (2) to provide for--
                    (A) the collection, study, research, publication, 
                and establishment of exhibitions and programs relating 
                to Latino life, art, history, and culture that 
                encompass--
                            (i) Latino contributions to the early 
                        history of what now encompasses the United 
                        States of America and its territories;
                            (ii) Latino contributions in the armed 
                        services from the earliest days of the American 
                        Revolution to current military activities in 
                        defense of our freedoms;
                            (iii) Latino contributions to the freedom, 
                        well-being, and economic prosperity of all 
                        people in the United States through historical 
                        movements;
                            (iv) entrepreneurial and charitable 
                        activities of Latinos;
                            (v) contributions by Latinos to--
                                    (I) the social, natural, and 
                                physical sciences; and
                                    (II) art, history, and culture, 
                                including food, music, dance, film, 
                                theater, sports, and other forms of 
                                popular culture in the United States; 
                                and
                    (B) collaboration between the Museum, other museums 
                and research centers of the Smithsonian Institution, 
                and other museums and educational institutions 
                throughout the United States and abroad, to promote the 
                study and appreciation of Latino life, art, history, 
                culture, and its impact on society in the United 
                States, including collaboration concerning joint 
                research projects, programs, exhibitions, collection 
                management, and training of museum staff.

SEC. 5. BOARD OF TRUSTEES.

    (a) Establishment.--There is established within the Smithsonian 
Institution a Board of Trustees of the Museum with the duties, powers, 
and authority specified in this section.
    (b) Duties.--
            (1) In general.--The Board of Trustees--
                    (A) shall--
                            (i) make recommendations to the Board of 
                        Regents concerning the location, planning, 
                        design, and construction of the Museum;
                            (ii) recommend annual operating budgets for 
                        the Museum to the Board of Regents;
                            (iii) adopt bylaws for the Board of 
                        Trustees;
                            (iv) report annually to the Board of 
                        Regents on the acquisition, disposition, and 
                        display of Latino collections, objects and 
                        artifacts, and on other appropriate matters; 
                        and
                            (v) advise and assist the Board of Regents 
                        on all matters relating to the administration, 
                        operation, maintenance, and preservation of the 
                        Museum; and
                    (B) may delegate the duties described in clauses 
                (i) through (iv) of subparagraph (A) to the Director.
            (2) Principal responsibilities.--Subject to the general 
        policies of the Board of Regents, the Board of Trustees shall 
        have the sole authority to--
                    (A) purchase, accept, borrow, or otherwise acquire 
                artifacts and other objects for addition to the 
                collections of the Museum;
                    (B) loan, exchange, sell, or otherwise dispose of 
                any part of the collections of the Museum, with the 
                proceeds of such transactions to be used for additions 
                to the collections of the Museum; and
                    (C) specify criteria with respect to the use of the 
                collections and resources of the Museum, including 
                policies on programming, education, exhibitions, and 
                research with respect to--
                            (i) the life, art, history, culture, and 
                        other aspects of Latinos in the United States 
                        and the territories of the United States;
                            (ii) the role of Latinos in the history of 
                        the United States from the arrival of the first 
                        explorers to the Americas to the present;
                            (iii) the contributions of Latinos to 
                        society and culture in the United States, and 
                        exploring what it means to be an American; and
                            (iv) sharing how values in the United 
                        States such as resiliency, optimism, and 
                        spirituality are reflected in Latino history 
                        and culture.
            (3) Other responsibilities.--Subject to the general 
        policies of the Board of Regents, the Board of Trustees shall 
        have authority to--
                    (A) provide for preservation, restoration, and 
                maintenance of the collections of the Museum; and
                    (B) solicit, accept, use, and dispose of gifts, 
                bequests, and devises of personal and real property for 
                the purpose of aiding and facilitating the work of the 
                Museum.
    (c) Composition and Appointment.--
            (1) In general.--The Board of Trustees shall be composed of 
        not more than 19 voting members as provided under paragraph 
        (2).
            (2) Voting members.--The Board of Trustees shall include 
        the following voting members:
                    (A) The Secretary of the Smithsonian Institution.
                    (B) The Under Secretary of Museums and Research of 
                the Smithsonian Institution.
                    (C) One member of the Board of Regents, appointed 
                by the Board of Regents.
                    (D) Two Members of Congress, 1 from each political 
                party, designated by the Congressional Hispanic Caucus 
                and the Congressional Hispanic Conference.
                    (E) Fourteen individuals who shall be appointed by 
                the Board of Regents after taking into consideration--
                            (i) efforts to have a politically and 
                        geographically diverse representation on the 
                        Board of Trustees reflecting States and 
                        territories with significant Latino 
                        populations;
                            (ii) individuals recommended by members of 
                        the Board of Trustees; and
                            (iii) individuals recommended by 
                        organizations and entities that are committed 
                        to the advancement of knowledge of Latino life, 
                        art, history, and culture.
            (3) Initial appointments.--The Board of Regents shall make 
        initial appointments to the Board of Trustees under paragraph 
        (2) not later than 180 days after the date of enactment of this 
        Act.
    (d) Terms of Service.--
            (1) In general.--Except as provided in this subsection, 
        each appointed member of the Board of Trustees shall be 
        appointed for a term of 3 years.
            (2) Initial appointees.--As designated by the Board of 
        Regents at the time of appointment, of the voting members first 
        appointed under subparagraph (E) of subsection (c)(2)--
                    (A) Five members shall be appointed for a term of 1 
                year;
                    (B) Five members shall be appointed for a term of 2 
                years; and
                    (C) Four members shall be appointed for a term of 3 
                years.
            (3) Reappointment.--A member of the Board of Trustees may 
        be reappointed, except that no individual may serve on the 
        Board of Trustees for a total of more than 2 full terms. For 
        purposes of this paragraph, the number of terms an individual 
        serves on the Board of Trustees shall not include any portion 
        of a term for which an individual is appointed to fill a 
        vacancy under paragraph (4)(B).
            (4) Vacancies.--
                    (A) In general.--A vacancy on the Board of 
                Trustees--
                            (i) shall not affect the powers of the 
                        Board of Trustees; and
                            (ii) shall be filled in the same manner as 
                        the original appointment was made.
                    (B) Term.--Any member of the Board of Trustees 
                appointed to fill a vacancy occurring before the 
                expiration of the term for which the member's 
                predecessor was appointed shall be appointed for the 
                remainder of that term.
    (e) Compensation.--
            (1) In general.--Except as provided in paragraph (2), a 
        member of the Board of Trustees shall serve without pay.
            (2) Travel expenses.--A member of the Board of Trustees 
        shall be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Board of 
        Trustees.
    (f) Chairperson.--By a majority vote of its voting members, the 
Board of Trustees shall elect a chairperson from its members.
    (g) Meetings.--
            (1) In general.--The Board of Trustees shall meet at the 
        call of the chairperson or on the written request of a majority 
        of the voting members of the Board of Trustees, but not fewer 
        than twice each year.
            (2) Meeting format.--Regularly scheduled meetings and 
        special meetings may be conducted in-person, telephonically, 
        electronically, or by any means appropriate as determined by 
        the chairperson.
    (h) Quorum.--A majority of the voting members of the Board of 
Trustees holding office shall constitute a quorum for the purpose of 
conducting business, but a lesser number may receive information on 
behalf of the Board of Trustees.

SEC. 6. DIRECTOR AND STAFF OF MUSEUM.

    (a) Director.--
            (1) In general.--The Museum shall have a Director who shall 
        be appointed by the Secretary in consultation with the Board of 
        Trustees. The Secretary may appoint an interim Director to 
        oversee the initial activity of establishing the Museum until a 
        permanent Director is selected.
            (2) Duties.--The Director shall manage the Museum subject 
        to the policies of the Board of Regents and the Board of 
        Trustees.
    (b) Staff.--The Secretary may appoint 2 additional employees to 
serve under the Director, except that such additional employees may be 
appointed without regard to the provisions of title 5, United States 
Code, governing appointments in the competitive service.
    (c) Pay.--The employees appointed by the Secretary under subsection 
(b) may be paid without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of title 5, United States Code, relating 
to classification of positions and General Schedule pay rates.

SEC. 7. EDUCATIONAL AND LIAISON PROGRAMS.

    (a) In General.--
            (1) Programs authorized.--The Director of the Museum may 
        carry out educational and liaison programs in support of the 
        goals of the Museum.
            (2) Specific activities.--In carrying out this section, the 
        Director shall--
                    (A) carry out educational programs relating to 
                Latino life, art, history, and culture, including--
                            (i) programs using digital, electronic, and 
                        interactive technologies; and
                            (ii) programs carried out in collaboration 
                        with elementary schools, secondary schools, and 
                        postsecondary schools; and
                    (B) consult with the Director of the Institute of 
                Museum and Library Services concerning the grant 
                programs carried out under subsection (b).
    (b) Grant Programs.--Notwithstanding any other provision of law, 
the Director of the Institute of Museum and Library Services, in 
consultation with the Museum Director, is authorized to use funds from 
the appropriations account appropriated under the heading ``office of 
museum and library services: grants and administration'' under the 
heading ``Institute of Museum and Library Services'' to award grants in 
accordance with the purposes described in section 4(b).

SEC. 8. NATIONAL MUSEUM OF THE AMERICAN LATINO BUILDING AND SUPPORT 
              FACILITIES.

    (a) In General.--
            (1) Location.--
                    (A) In general.--Not later than 24 months after the 
                date of the enactment of this Act, the Board of Regents 
                shall designate a site for the Museum.
                    (B) Sites for consideration.--In designating a site 
                under subparagraph (A), the Board of Regents shall 
                select from among the following sites in the District 
                of Columbia:
                            (i) The Arts and Industries Building of the 
                        Smithsonian Institution, located on the 
                        National Mall at 900 Jefferson Drive, 
                        Southwest, Washington, District of Columbia.
                            (ii) A vacant area bounded by Independence 
                        Avenue, Jefferson Drive, Raoul Wallenberg 
                        Place, and 14th Street Southwest, currently 
                        under the jurisdiction of the National Park 
                        Service.
                            (iii) The area bounded by 3rd Street and 
                        1st Street, Northwest and Constitution Avenue 
                        and Pennsylvania Avenue, Northwest, as measured 
                        from curb to curb, currently under the 
                        jurisdiction of the Architect of the Capitol.
                            (iv) The facility and grounds on the 
                        National Mall between 12th and 14th Streets, 
                        Southwest, and Jefferson Drive and Independence 
                        Avenue, Southwest, currently under the 
                        jurisdiction of the Department of Agriculture.
                            (v) Any other appropriate location as 
                        identified by the Board of Trustees or Board of 
                        Regents.
                    (C) Transfer to smithsonian institution.--Except 
                with respect to a site described in clause (i) of 
                subparagraph (B), if the site designated for the Museum 
                is in an area that is under the administrative 
                jurisdiction of another Federal entity, as soon as 
                practicable after the date on which the designation is 
                made, the head of the Federal entity shall transfer to 
                the Smithsonian Institution administrative jurisdiction 
                over the area selected for the site of the Museum.
                    (D) Consultation.--The Board of Regents shall carry 
                out its duties under this paragraph in consultation 
                with the following:
                            (i) The Chair of the National Capital 
                        Planning Commission.
                            (ii) The Chair of the Commission of Fine 
                        Arts.
                            (iii) The Chair and Vice Chair of the 
                        Commission referred to in section 9.
                            (iv) The Chair of the Building and Site 
                        Subcommittee of the Commission referred to in 
                        section 9.
                            (v) The Chair and ranking minority member 
                        of each of the following Committees:
                                    (I) The Committee on Rules and 
                                Administration of the Senate.
                                    (II) The Committee on House 
                                Administration of the House of 
                                Representatives.
                                    (III) The Committee on 
                                Transportation and Infrastructure of 
                                the House of Representatives.
                                    (IV) The Committee on 
                                Appropriations of the House of 
                                Representatives.
                                    (V) The Committee on Appropriations 
                                of the Senate.
                            (vi) The Architect of the Capitol.
            (2) Construction of building.--The Board of Regents, in 
        consultation with the Board of Trustees, the National Park 
        Service, the Architect of the Capitol, the Capitol Police, the 
        Commission of Fine Arts, the National Capitol Planning 
        Commission, and with other appropriate Federal and local 
        agencies is authorized to prepare plans, design, and construct 
        a building or modify an existing building for the Museum, which 
        shall be located at the site selected by the Board of Regents 
        under this subsection.
            (3) Nonapplicability of provisions relating to monuments, 
        commemorative, and other works on the national mall.--Chapter 
        89 of title 40, United States Code, shall not apply with 
        respect to the Museum.
    (b) Cost Sharing.--The Board of Regents shall pay--
            (1) 50 percent of the costs of carrying out this section 
        from Federal funds; and
            (2) 50 percent of the costs of carrying out this section 
        from non-Federal sources.

SEC. 9. CONSIDERATION OF RECOMMENDATIONS OF COMMISSION.

    In carrying out their duties under this Act, the Board of Trustees 
and the Board of Regents shall take into consideration the reports and 
plans submitted by the Commission to Study the Potential Creation of a 
National Museum of the American Latino established under section 333 of 
the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122 
Stat. 784).

SEC. 10. CONGRESSIONAL BUDGET ACT COMPLIANCE.

    Authority under this Act to enter into contracts or to make 
payments shall be effective in any fiscal year only to the extent 
provided in advance in an appropriations Act.

SEC. 11. AUTHORIZATION OF FUNDING.

    (a) Museum Construction.--Notwithstanding any other provision of 
law, the Board of Regents is authorized to allocate funds from the 
appropriations account appropriated under the heading ``facilities 
capital'' under the heading ``Smithsonian Institution'' for design, 
planning, and construction of the Museum established by this Act.
    (b) Museum Operation.--Notwithstanding any other provision of law, 
the Board of Regents is authorized to allocate funds from the 
appropriations account appropriated under the heading ``salaries and 
expenses'' under the heading ``Smithsonian Institution'' for the 
operation of the Museum established by this Act.
    (c) Use of Funds for Fundraising.--Amounts appropriated pursuant to 
the authorization under this section may be used to conduct fundraising 
in support of the Museum from private sources.
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