§80u National Museum of the American Latino

Summary

Creates a new National Museum of the American Latino inside the Smithsonian. The museum must tell the story of the United States by highlighting Latino life, art, history, and culture. It will collect, study, publish, and show exhibits about Latino contributions from early history to today. The museum will cover military service, entrepreneurship, social movements, the sciences, arts, sports, food, music, dance, film, theater, and other popular culture. It must work with other Smithsonian museums, research centers, schools, and museums in the United States and abroad to share research, exhibits, collections, and training. The law also lets the museum run educational programs, use digital tools, and partner with schools. The Institute of Museum and Library Services (IMLS), in consultation with the museum’s leaders, will set up grant and scholarship programs for other American Latino museums and for students and interns. The IMLS has $15,000,000 authorized for fiscal year 2021 and “such sums as may be necessary” for fiscal year 2022 and later to run those programs. The term “American Latino museum” in those grant rules does not include this new Smithsonian museum. Names to know: the Board of Regents = the Smithsonian’s Board of Regents; the Board of Trustees = the museum’s Board of Trustees; the Director = the museum’s Director; the Museum = the National Museum of the American Latino; the Secretary = the Secretary of the Smithsonian Institution. The law creates a Board of Trustees for the museum with up to 19 voting members. The group must include the Smithsonian Secretary, the Under Secretary for Museums and Research, the chair of the Smithsonian National Latino Board, one member of the Board of Regents, two Members of Congress (one from each party) chosen by specified Hispanic caucuses, and 13 people appointed by the Board of Regents with attention to geographic and political diversity and recommendations from community groups. The Board of Regents had to make initial appointments not later than 180 days after December 27, 2020. Regular appointed terms are 3 years, with the first set staggered so five serve 1 year, four serve 2 years, and four serve 3 years. Members may be reappointed but may not serve more than two full terms. Trustees serve without pay but may get travel and per diem. The Board must meet at least twice a year, elect a chair by majority, and have a quorum made up of a majority of its voting members. The Board of Trustees must recommend the museum’s location, plan and design, suggest annual budgets to the Board of Regents, adopt bylaws, report annually about collections, and advise on operation and maintenance. Subject to the Regents’ general policies, the Trustees have sole authority to acquire or dispose of objects for the museum’s collections, set use and program policies for those collections, and take care of preservation and restoration. The Trustees must ensure exhibits show a range of political viewpoints among Latinos. The Secretary, in consultation with the Board of Trustees, appoints the Director and may name an interim Director to begin work. The Secretary may also appoint two additional staff for the Director without following usual federal hiring and pay rules for those positions. The Board of Regents must choose a site in the District of Columbia no later than 2 years after December 27, 2020. In picking a site the Regents must consider cost estimates, space and access, and the recommendations of the earlier commission that studied the museum. The Regents must consider four specific site options named in the law (including the Arts and Industries Building and three other identified National Mall areas) and consult with federal planning and arts officials and specified congressional committee leaders. The building must meet at least the minimum square footage recommended in the prior Commission’s report. For site planning and construction, the Regents must pay 50 percent of costs from Federal funds and 50 percent from non-Federal sources. If the chosen site is managed by another federal agency, that agency head must agree in writing and transfer administrative jurisdiction to the Smithsonian. Chapter 89 of title 40 does not apply to the museum, except the museum may not be located in the “Reserve.” Contracts or payments under this law only take effect to the extent that Congress provides money in an appropriations Act. The Smithsonian may receive $20,000,000 for fiscal year 2021 to carry out this law (other than the IMLS grants and site selection rules), and “such sums as are necessary” for each later fiscal year. Amounts appropriated under that Smithsonian authorization remain available until spent. The Smithsonian may also use some of those funds to raise private money in support of the museum.