I 
116TH CONGRESS 
1ST SESSION H. R. 2420 
To establish within the Smithsonian Institution the National Museum of 
the American Latino, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 30, 2019 
Mr. SERRANO (for himself, Mr. HURD of Texas, Mr. CA´RDENAS, Ms. HER-
RERA BEUTLER, Ms. GARCIA of Texas, Mr. CASTRO of Texas, Miss 
GONZA´LEZ-COLO´N of Puerto Rico, Mr. CORREA, Mr. KING of New York, 
Mr. SOTO, Mrs. NAPOLITANO, Mr. DUFFY, Ms. VELA´ZQUEZ, Ms. LEE of 
California, Mr. GRIJALVA, Mr. GONZALEZ of Ohio, Ms. SA´NCHEZ, and 
Mr. NEWHOUSE) introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committees 
on Natural Resources, and Transportation and Infrastructure, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
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 Representa-
tives 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’’. 
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SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The United States is a symbol of democ-
racy, 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 docu-
mentation 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 Institu-
tion 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 
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programming at other Smithsonian Institution 
facilities and museums throughout the United 
States and the territories of the United States. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) BOARD OF REGENTS.—The term ‘‘Board of 
Regents’’ means the Board of Regents of the Smith-
sonian Institution. 
(2) BOARD OF TRUSTEES.—The term ‘‘Board 
of Trustees’’ means the Board of Trustees of the 
National Museum of the American Latino as estab-
lished by section 5. 
(3) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the National Museum of the Amer-
ican Latino. 
(4) MUSEUM.—The term ‘‘Museum’’ means the 
National Museum of the American Latino estab-
lished 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— 
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(1) to illuminate the story of the United States 
for the benefit of all by featuring Latino contribu-
tions; and 
(2) to provide for— 
(A) the collection, study, research, publica-
tion, and establishment of exhibitions and pro-
grams 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 terri-
tories; 
(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 free-
dom, well-being, and economic prosperity 
of all people in the United States through 
historical movements; 
(iv) entrepreneurial and charitable ac-
tivities of Latinos; 
(v) contributions by Latinos to— 
(I) the social, natural, and phys-
ical sciences; and 
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(II) art, history, and culture, in-
cluding food, music, dance, film, the-
ater, sports, and other forms of pop-
ular 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, cul-
ture, and its impact on society in the United 
States, including collaboration concerning joint 
research projects, programs, exhibitions, collec-
tion 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, 
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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 Re-
gents on all matters relating to the admin-
istration, 
operation, 
maintenance, 
and 
preservation of the Museum, including 
long-term maintenance; 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— 
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(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 dis-
pose of any part of the collections of the Mu-
seum, 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 
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(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 Mu-
seum; and 
(B) solicit, accept, use, and dispose of 
gifts, bequests, and devises of personal and real 
property for the purpose of aiding and facili-
tating 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 In-
stitution. 
(B) The Under Secretary of Museums and 
Research of the Smithsonian Institution. 
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(C) The chair of the Smithsonian National 
Latino Board. 
(D) One member of the Board of Regents, 
appointed by the Board of Regents. 
(E) Two Members of Congress, 1 from 
each political party, designated by the Congres-
sional Hispanic Caucus and the Congressional 
Hispanic Conference. 
(F) Thirteen individuals who shall be ap-
pointed 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 pop-
ulations; 
(ii) individuals recommended by mem-
bers of the Board of Trustees; and 
(iii) individuals recommended by orga-
nizations 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 
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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 subpara-
graph (F) of subsection (c)(2)— 
(A) Five members shall be appointed for a 
term of 1 year; 
(B) Four 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 indi-
vidual 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 por-
tion of a term for which an individual is appointed 
to fill a vacancy under paragraph (4)(B). 
(4) VACANCIES.— 
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(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 para-
graph (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 sub-
chapter 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. 
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(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 less-
er 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 Board of Trustees. The Secretary 
may appoint an interim Director to oversee the ini-
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tial activity of establishing the Museum until a per-
manent Director is selected. 
(2) DUTIES.—The Director shall manage the 
Museum subject to the policies of the Board of Re-
gents 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 relat-
ing to Latino life, art, history, and culture, in-
cluding— 
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(i) programs using digital, electronic, 
and interactive technologies; and 
(ii) programs carried out in collabora-
tion with elementary schools, secondary 
schools, and postsecondary schools; and 
(B) consult with the Director of the Insti-
tute of Museum and Library Services con-
cerning the grant programs carried out under 
subsection (b). 
(b) GRANT PROGRAMS.— 
(1) IN GENERAL.—The Director of the Institute 
of Museum and Library Services, in consultation 
with the Board of Trustees and the Director of the 
Museum, shall establish and carry out— 
(A) a grant program with the purpose of 
improving operations, care of collections, cul-
turally appropriate public outreach, and devel-
opment of professional management at Amer-
ican Latino museums; 
(B) a grant program with the purpose of 
providing internship and fellowship opportuni-
ties at American Latino museums; 
(C) a scholarship program, in partnership 
with Hispanic-serving institutions, minority- 
serving institutions, historically black colleges 
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and universities, and other institutions of high-
er education, with the purpose of assisting indi-
viduals who are pursuing careers or carrying 
out studies in the arts, humanities, and sciences 
in the study of American Latino life, art, his-
tory, and culture; 
(D) in cooperation with other museums, 
historical societies, and educational institutions, 
a grant program with the purpose of promoting 
the understanding of the Latin American dias-
pora in the United States; and 
(E) a grant program under which an 
American Latino museum (including a non-
profit education organization the primary mis-
sion of which is to promote the study of the 
Latin American diaspora in the United States) 
may use funds provided under the grant to in-
crease an endowment fund established by the 
museum (or organization) as of October 1, 
2019, for the purposes of enhancing educational 
programming, and maintaining and operating 
traveling educational exhibits. 
(2) CLARIFICATION
OF
TREATMENT
OF
MU-
SEUM.—In this subsection, the term ‘‘American 
Latino museum’’ does not include the Museum. 
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(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Insti-
tute of Museum and Library Services to carry out 
this subsection— 
(A) $15,000,000 for fiscal year 2020; and 
(B) such sums as may be necessary for fis-
cal year 2021 and each succeeding fiscal year. 
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 des-
ignating 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 Colum-
bia. 
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(ii) A vacant area bounded by Inde-
pendence Avenue, Jefferson Drive, Raoul 
Wallenberg Place, and 14th Street South-
west, currently under the jurisdiction of 
the National Park Service. 
(iii) The area bounded by 3rd Street 
and 1st Street, Northwest and Constitu-
tion Avenue and Pennsylvania Avenue, 
Northwest, as measured from curb to curb, 
currently under the jurisdiction of the Ar-
chitect 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, cur-
rently under the jurisdiction of the Depart-
ment of Agriculture. 
(v) Any other appropriate location as 
identified by the Board of Trustees or 
Board of Regents. 
(C) TRANSFER TO SMITHSONIAN INSTITU-
TION.—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 an-
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other 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 ju-
risdiction over the area selected for the site of 
the Museum. 
(D) CONSULTATION.—The Board of Re-
gents shall carry out its duties under this para-
graph 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 re-
ferred to in section 9. 
(v) The Chair and ranking minority 
member of each of the following Commit-
tees: 
(I) The Committee on Rules and 
Administration of the Senate. 
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(II) The Committee on House 
Administration of the House of Rep-
resentatives. 
(III) The Committee on Trans-
portation and Infrastructure of the 
House of Representatives. 
(IV) The Committee on Appro-
priations of the House of Representa-
tives. 
(V) The Committee on Appro-
priations of the Senate. 
(vi) The Architect of the Capitol. 
(2) SIZE
OF
BUILDING.—The building con-
structed or modified to serve as the Museum shall 
occupy no less than the recommended square footage 
set forth in the report submitted by the Commission 
to Study the Potential Creation of a National Mu-
seum of the American Latino established under sec-
tion 333 of the Consolidated Natural Resources Act 
of 2008 (Public Law 110–229; 122 Stat. 784). 
(3) CONSTRUCTION OF BUILDING.—The Board 
of Regents, in consultation with the Board of Trust-
ees and other appropriate Federal and local agencies 
is authorized to prepare plans, design, and construct 
a building or modify an existing building for the Mu-
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seum, which shall be located at the site selected by 
the Board of Regents under this subsection. 
(4) NONAPPLICABILITY OF PROVISIONS RELAT-
ING TO MONUMENTS, COMMEMORATIVE, AND OTHER 
WORKS ON THE NATIONAL MALL.—Chapter 89 of 
title 40, United States Code, shall not apply with re-
spect 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. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
SEC. 9. CONSIDERATION OF RECOMMENDATIONS OF COM-
MISSION. 
In carrying out their duties under this Act, the Board 
of Trustees and the Board of Regents shall take into con-
sideration the reports and plans submitted by the Commis-
sion to Study the Potential Creation of a National Mu-
seum of the American Latino established under section 
333 of the Consolidated Natural Resources Act of 2008 
(Public Law 110–229; 122 Stat. 784). 
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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 APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the Smithsonian Institution to carry out this 
Act, other than sections 7(b) and 8— 
(1) $20,000,000 for fiscal year 2020; and 
(2) such sums as are necessary for each fiscal 
year thereafter. 
(b) AVAILABILITY.—Amounts appropriated pursuant 
to the authorization of appropriations under subsection (a) 
shall remain available until expended. 
(c) USE OF FUNDS FOR FUNDRAISING.—Amounts 
appropriated pursuant to the authorization under this sec-
tion may be used to conduct fundraising in support of the 
Museum from private sources. 
Æ 
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