[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4863 Introduced in House (IH)]






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.

    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 ``Commission to Establish the National 
Museum of the American Latino Act of 2004''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) American Latinos are an ethnically and racially diverse 
        population. Still, whether known by the term ``Hispanic'' or 
        ``Latino,'' or by the various national identities from which 
        they obtain their ethnicity, American Latinos share a common 
        heritage rooted in the mixture of the cultures of the 
        indigenous peoples of the American continent, of the European 
        colonizers from Spain, and of Africans who were brought to 
        those colonies as slaves.
            (2) While the history of the United States formally dates 
        from 1776, American civilization was already centuries old by 
        then. Latinos were present on the continent for more than 200 
        years prior to the Declaration of Independence. Spanish 
        colonists founded the first permanent settlement on future 
        United States territory in St. Augustine, Florida in 1565. 
        Indigenous nations that had thrived for centuries prior to the 
        landing of Columbus would later mix with colonists of various 
        ethnicities from Spain to create a third culture, one that 
        continues to thrive in various forms throughout the Americas 
        today.
            (3) Since before our Nation's founding, Latinos have come 
        to this land searching for opportunity, prosperity, and chance. 
        In this regard, not much has changed in over 3 centuries. 
        Through every era of our Nation's history, whether in the 
        fields of plenty or on the field of battle, a Latino presence 
        was felt. Since before the early colonization of the west, 
        Latinos have labored under the harsh sun to put food on 
        America's tables. From the earliest days of American industry, 
        Latinos have worked in our factories. Through every war and 
        conflict, Latinos have served honorably and proudly next to 
        their fellow Americans to defend the ideals of freedom, 
        democracy, and liberty worldwide, earning countless awards for 
        valor and sacrifice.
            (4) The history, art, politics, economy, and culture of the 
        United States have been enriched since the Nation's founding by 
        the influence of American Latinos and their traditions and 
        innovations. Both native and foreign-born Latinos in the United 
        States continue to make significant contributions to the arts 
        and humanities, academia, and the popular culture that have 
        benefited all Americans.
            (5) According to the Bureau of the Census, the population 
        of American Latinos recently grew to become the largest 
        demographic minority group in the country. As of July 2002, 
        there were an estimated 38.8 million Latinos in the United 
        States. One out of every three of these is under the age of 18, 
        and four out of every 10 is under the age of 25. The 
        youthfulness and rapid growth of this population ensure that 
        American Latinos will have a substantial role in American life 
        ranging from public policy to popular entertainment. Greater 
        understanding of this role will benefit all of American 
        society.
            (6) The American Latino population historically has been 
        concentrated in certain regions of the United States. In the 
        last several decades, however, there has been more dispersed 
        growth of the community throughout the entire country. In the 
        southern states other than Texas, most have seen the population 
        of Latinos, primarily immigrants, double between the years 1990 
        and 2000, adding to the mixture of cultures already there as 
        these individuals adapt to Southern life.
            (7) Despite the history and demography as well as the 
        ongoing contributions that American Latinos make to the 
        cultural life of the United States, there remains a great gap 
        in the level and quality of awareness that other Americans 
        possess about the rich and diverse character of Latino culture 
        and history. Sometimes the lack of awareness manifests itself 
        in the development of stereotypes or misconceptions about 
        Latinos. Greater effort is needed at a national level to 
        educate other Americans about Latinos, and to celebrate and 
        disseminate information about Latino arts and history. 
        Americans of all backgrounds benefit from greater understanding 
        of the diversity that exists in the United States.
            (8) The Smithsonian Institution is the world's largest 
        museum and research complex, with 16 museums in the District of 
        Columbia and New York City. The Smithsonian Institution 
        museums, especially those on the National Mall, play a unique 
        and important role in educating visitors to the Nation's 
        capital about our history, arts, and culture. The American 
        people and international visitors recognize the Smithsonian 
        Institution as the premier American museum, representing the 
        vast diversity of cultural history of the United States.
            (9) After extensive dialogue, conferences, and 
        collaboration among educators, scholars, and community leaders, 
        as well as museums, universities, cultural, and public 
        institutions, a task force appointed to examine the Smithsonian 
        Institution's representation of American Latinos in its 
        permanent exhibits and other public programs published 
        ``Willful Neglect: The Smithsonian Institution and U.S. 
        Latinos'' (May 1994) and ``Toward a Shared Vision: U.S. Latinos 
        and the Smithsonian Institution'' (October 1997). The reports 
        indicate that the Smithsonian historically had a poor record of 
        representing Latinos. This criticism led to the creation of the 
        Smithsonian's Center for Latino Initiatives in 1998.
            (10) The Center for Latino Initiatives has increased the 
        profile of Latino arts and culture and should be commended for 
        promoting diversity and understanding of American Latino 
        culture by the Smithsonian's patrons. The Center's short 
        history has shown that American Latino exhibits and programs 
        are well received by the public and by the Latino community, 
        which benefits from having some representation at the 
        Smithsonian. Still, the level of representation at the 
        Smithsonian of the Latino community is far from where it should 
        be given American Latino history, demography, and contributions 
        to the American cultural landscape.
            (11) For these reasons, it is necessary to establish a 
        commission to draft a plan of action for creating a National 
        Museum of the American Latino within the Smithsonian 
        Institution, on or near the National Mall in Washington, D.C.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) In General.--There is established the Commission to Establish 
the National Museum of the American Latino (hereafter in this Act 
referred to as the ``Commission'').
    (b) Membership.--The Commission shall consist of 23 members 
appointed not later than 6 months after the date of the enactment of 
this Act as follows:
            (1) The President shall appoint 7 voting members.
            (2) The Speaker of the House of Representatives, the 
        minority leader of the House of Representatives, the Majority 
        Leader of the Senate, and the Minority Leader of the Senate 
        shall each appoint 3 voting members.
            (3) In addition to the members appointed under paragraph 
        (2), the Speaker of the House of Representatives, the minority 
        leader of the House of Representatives, the Majority Leader of 
        the Senate, and the Minority Leader of the Senate shall each 
        appoint 1 nonvoting member.
    (c) Qualifications.--Members of the Commission shall be chosen from 
among individuals, or representatives of institutions or entities, who 
possess either--
            (1) a demonstrated commitment to the research, study, or 
        promotion of American Latino life, art, history, political or 
        economic status, or culture, together with--
                    (A) expertise in museum administration;
                    (B) expertise in fundraising for nonprofit or 
                cultural institutions;
                    (C) experience in the study and teaching of Latino 
                culture and history at the post-secondary level;
                    (D) experience in studying the issue of the 
                Smithsonian Institution's representation of American 
                Latino art, life, history, and culture; or
                    (E) extensive experience in public or elected 
                service; or
            (2) experience in the administration of, or the planning 
        for the establishment of, museums devoted to the study and 
        promotion of the role of ethnic, racial, or cultural groups in 
        American history.

SEC. 4. FUNCTIONS OF THE COMMISSION.

    (a) Plan of Action for Establishment and Maintenance of Museum.--
The Commission shall submit a report to the President and the Congress 
containing its recommendations with respect to 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. (hereafter 
in this Act referred to as the ``Museum'').
    (b) Fundraising Plan.--The Commission shall develop a fundraising 
plan for supporting the creation and maintenance of the Museum through 
contributions by the American people, and a separate plan on 
fundraising by the American Latino community.
    (c) Report on Issues.--The Commission shall examine (in 
consultation with the Secretary of the Smithsonian Institution), and 
submit a report to the President and the Congress on, the following 
issues:
            (1) The availability and cost of collections to be acquired 
        and housed in the Museum.
            (2) The impact of the Museum on regional Hispanic- and 
        Latino-related museums.
            (3) Possible locations for the Museum on or adjacent to the 
        National Mall in Washington, D.C., to be considered in 
        consultation with the National Capital Planning Commission.
            (4) The governance and organizational structure from which 
        the Museum should operate.
            (5) How to engage the American Latino community in the 
        development and design of the Museum.
    (d) Legislation to Carry Out Plan of Action.--Based on the 
recommendations contained in the report submitted under subsection (a) 
and the report submitted under subsection (c), the Commission shall 
submit for consideration to the Committee on Transportation and 
Infrastructure of the House of Representatives, the Committee on House 
Administration of the House of Representatives, the Committee on Rules 
and Administration of the Senate, and the Committees on Appropriations 
of the House of Representatives and Senate a legislative plan of action 
to create and construct the Museum.
    (e) National Conference.--In carrying out its functions under this 
section, the Commission shall convene a national conference on the 
Museum, comprised of individuals committed to the advancement of 
American Latino life, art, history, and culture, not later than 9 
months after the date of the enactment of this Act.

SEC. 5. ADMINISTRATIVE PROVISIONS.

    (a) Administrative Support Services Provided by Secretary of the 
Interior.--The Secretary of the Interior shall provide the Commission 
with the administrative support services and facilities necessary for 
the Commission to carry out its responsibilities under this Act.
    (b) No Compensation for Members.--Members of the Commission shall 
serve without pay, but shall receive travel expenses, including per 
diem in lieu of subsistence, in accordance with applicable provisions 
under subchapter I of chapter 57 of title 5, United States Code, and 
shall be reimbursed for other expenses incurred in carrying out their 
duties under this Act.
    (c) Director and Staff.--Without regard to the provisions of title 
5, United States Code, governing appointments in the competitive 
service, and without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of that title relating to classification 
and General Schedule pay rates, the Commission may appoint and fix the 
pay of a Director and such other personnel as the Commission considers 
appropriate.

SEC. 6. DEADLINE FOR SUBMISSION OF REPORTS; TERMINATION.

    (a) Deadline.--The Commission shall submit final versions of the 
reports and plans required under section 4 not later than 18 months 
after the date of the enactment of this Act.
    (b) Termination.--The Commission shall terminate not later than 30 
days after submitting the final versions of reports and plans pursuant 
to subsection (a).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for carrying out the 
activities of the Commission $2,100,000 for fiscal year 2005 and 
$1,100,000 for fiscal year 2006.
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