[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2434 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2434

   To establish the Commission to Study the Potential Creation of a 
 National Museum of the American Latino Community to develop a plan of 
 action for the establishment and maintenance of a National Museum of 
    the American Latino Community in Washington, DC, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2004

 Mr. Hatch (for himself, Mrs. Boxer, Mrs. Hutchison, and Mr. Bingaman) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To establish the Commission to Study the Potential Creation of a 
 National Museum of the American Latino Community to develop a plan of 
 action for the establishment and maintenance of a National Museum of 
    the American Latino Community in Washington, DC, 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 Study the Potential 
Creation of a National Museum of the American Latino Community 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. 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 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 benefitted 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. 
        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.
            (7) Despite the contributions that American Latinos make to 
        the cultural life of the United States, there remains a lack of 
        awareness by other Americans about the rich and diverse 
        character of Latino culture and history, which may contribute 
        to 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 culture 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 
        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) 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 Hispanics. 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. 
        However, given American Latino history, demography, and 
        contributions to the American cultural landscape, a more 
complete representation is in order.
            (11) Fro these reasons, it is necessary to establish a 
        commission to draft a plan of action for creating a National 
        Museum of the American Latino Community within the Smithsonian 
        Institution, on or near the National Mall in Washington, DC.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) In General.--There is established the Commission to Study the 
Potential Creation of a National Museum of the American Latino 
Community (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 of a National Museum of the American 
Latino Community in Washington, DC (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 in Washington, DC and 
        its environs, to be considered in consultation with the 
        National Capital Planning Commission and the Commission of Fine 
        Arts.
            (4) Whether the Museum should be located within the 
        Smithsonian Institution.
            (5) The governance and organizational structure from which 
        the Museum should operate.
            (6) 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 
Resources of the House of Representatives, the Committee on Energy and 
Natural Resources of the Senate, and the Committees on Appropriations 
of the House of Representatives and the 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) Facilities and Support of Secretary of Interior.--The Secretary 
of the Interior shall provide the administrative services, facilities, 
and funds necessary for the performance of the Commission's functions.
    (b) Compensation.--Each member of the Commission who is not an 
officer or employee of the Federal Government may receive compensation 
for each day on which the member is engaged in the work of the 
Commission, at a daily rate to be determined by the Secretary of the 
Interior.
    (c) Travel Expenses.--Each member 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.

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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