View all text of Subchapter XVII [§ 80u - § 80u]
§ 80u. National Museum of the American Latino
(a) FindingsCongress 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.
(b) DefinitionsIn this section:
(1) Board of Regents
(2) Board of trustees
(3) Director
(4) Museum
(5) Secretary
(c) Establishment of Museum
(1) Establishment
(2) PurposesThe purposes of the Museum are—
(A) to illuminate the story of the United States for the benefit of all by featuring Latino contributions; and
(B) to provide for—
(i) 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—(aa) the social, natural, and physical sciences; and(bb) art, history, and culture, including food, music, dance, film, theater, sports, and other forms of popular culture in the United States; and
(ii) 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.
(d) Board of Trustees
(1) Establishment
(2) Duties
(A) In generalThe Board of Trustees—
(i) 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, including long-term maintenance; and
(ii) may delegate the duties described in subclauses (I) through (IV) of clause (i) to the Director.
(B) Principal responsibilitiesSubject to the general policies of the Board of Regents, the Board of Trustees shall have the sole authority to—
(i) purchase, accept, borrow, or otherwise acquire artifacts and other objects for addition to the collections of the Museum;
(ii) 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
(iii) 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.
(C) Other responsibilitiesSubject to the general policies of the Board of Regents, the Board of Trustees shall have authority to—
(i) provide for preservation, restoration, and maintenance of the collections of the Museum; and
(ii) 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.
(D) Ensuring diversity of political viewpoints in exhibits and programs
(3) Composition and appointment
(A) In general
(B) Voting membersThe Board of Trustees shall include the following voting members:
(i) The Secretary of the Smithsonian Institution.
(ii) The Under Secretary of Museums and Research of the Smithsonian Institution.
(iii) The chair of the Smithsonian National Latino Board.
(iv) One member of the Board of Regents, appointed by the Board of Regents.
(v) Two Members of Congress, one from each political party, designated by the Congressional Hispanic Caucus and the Congressional Hispanic Conference.
(vi) Thirteen 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.
(C) Initial appointments
(4) Terms of service
(A) In general
(B) Initial appointeesAs designated by the Board of Regents at the time of appointment, of the voting members first appointed under clause (vi) of paragraph (3)(B)—
(i) Five members shall be appointed for a term of 1 year;
(ii) Four members shall be appointed for a term of 2 years; and
(iii) Four members shall be appointed for a term of 3 years.
(C) Reappointment
(D) Vacancies
(i) In generalA 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.
(ii) Term
(5) Compensation
(A) In general
(B) Travel expenses
(6) Chairperson
(7) Meetings
(A) In general
(B) Meeting format
(8) Quorum
(e) Director and staff of Museum
(1) Director
(A) In general
(B) Duties
(2) Staff
(3) Pay
(f) Educational and liaison programs
(1) In general
(A) Programs authorized
(B) Specific activitiesIn carrying out this subsection, the Director shall—
(i) 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
(ii) consult with the Director of the Institute of Museum and Library Services concerning the grant programs carried out under paragraph (2).
(2) Grant programs
(A) In generalThe 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—
(i) a grant program with the purpose of improving operations, care of collections, culturally appropriate public outreach, and development of professional management at American Latino museums;
(ii) a grant program with the purpose of providing internship and fellowship opportunities at American Latino museums;
(iii) a scholarship program, in partnership with Hispanic-serving institutions, minority-serving institutions, historically black colleges and universities, and other institutions of higher education, with the purpose of assisting individuals who are pursuing careers or carrying out studies in the arts, humanities, and sciences in the study of American Latino life, art, history, and culture;
(iv) in cooperation with other museums, historical societies, and educational institutions, a grant program with the purpose of promoting the understanding of the Latin American diaspora in the United States; and
(v) a grant program under which an American Latino museum (including a nonprofit education organization the primary mission of which is to promote the study of the Latin American diaspora in the United States) may use funds provided under the grant to increase an endowment fund established by the museum (or organization) as of October 1, 2020, for the purposes of enhancing educational programming, and maintaining and operating traveling educational exhibits.
(B) Clarification of treatment of museum
(C) Authorization of appropriationsThere are authorized to be appropriated to the Institute of Museum and Library Services to carry out this paragraph—
(i) $15,000,000 for fiscal year 2021; and
(ii) such sums as may be necessary for fiscal year 2022 and each succeeding fiscal year.
(g) National Museum of the American Latino building and support facilities
(1) In general
(A) Location
(i) In general
(ii) Sites for considerationIn designating a site under clause (i), the Board of Regents shall—(I) select a site in the District of Columbia; and(II) include the consideration of the following sites:(aa) The Arts and Industries Building of the Smithsonian Institution, located on the National Mall at 900 Jefferson Drive, Southwest, Washington, District of Columbia.(bb) 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.(cc) 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.(dd) 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.
(iii) Factors consideredIn designating a site under clause (i), the Board of Regents shall take into consideration each of the following factors:(I) An estimate of the costs associated with each potential site.(II) An assessment of the suitability of the space of each potential site, including size, proximity to other buildings and transportation, and other external environmental conditions, as appropriate.(III) The recommendations of the Commission referred to in subsection (h).
(iv) ConsultationThe Board of Regents shall carry out its duties under this subparagraph in consultation with the following:(I) The Chair of the National Capital Planning Commission.(II) The Director of the National Park Service.(III) The Chair of the National Capital Memorial Advisory Commission.(IV) The Chair of the Commission of Fine Arts.(V) The Chair and Vice Chair of the Commission referred to in subsection (h).(VI) The Chair of the Building and Site Subcommittee of the Commission referred to in subsection (h).(VII) The Architect of the Capitol.(VIII) The Chair and ranking minority member of each of the following committees:(aa) The Committee on Rules and Administration of the Senate.(bb) The Committee on House Administration of the House of Representatives.(cc) The Committee on Energy and Natural Resources of the Senate.(dd) The Committee on Natural Resources of the House of Representatives.(ee) The Committee on Transportation and Infrastructure of the House of Representatives.(ff) The Committee on Appropriations of the House of Representatives.(gg) The Committee on Appropriations of the Senate.
(v) Intent of Congress
(B) Size of building
(C) Construction of building
(2) Site under the jurisdiction of another Federal agency
(A) In general
(B) Transfer
(3) Cost sharingThe Board of Regents shall pay—
(A) 50 percent of the costs of carrying out this subsection from Federal funds; and
(B) 50 percent of the costs of carrying out this subsection from non-Federal sources.
(4) Commemorative Works Act
(5) Authorization of appropriations
(h) Consideration of recommendations of Commission
(i) Congressional Budget Act compliance
(j) Authorization of appropriations
(1) In generalThere are authorized to be appropriated to the Smithsonian Institution to carry out this section, other than subsections (f)(2) and (g)—
(A) $20,000,000 for fiscal year 2021; and
(B) such sums as are necessary for each fiscal year thereafter.
(2) Availability
(3) Use of funds for fundraising
(Pub. L. 116–260, div. T, title II, § 201, Dec. 27, 2020, 134 Stat. 2278.)