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H.R. 2420 — what changed

National Museum of the American Latino Act

From Introduced in House to Engrossed in House. 4 sections amended between Introduced in House and Engrossed in House.

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, 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
(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—
(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 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
(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
(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 Museum; and
(B)
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.
(4)
added Ensuring diversity of political viewpoints in exhibits and programs— In carrying out its duties, the Board of Trustees shall ensure that the exhibits and programs of the Museum reflect the diversity of the political viewpoints held by Latinos of the United States on the events and issues relating to the history of Latinos in the United States.
(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 Institution.
(B)
The Under Secretary of Museums and Research of the Smithsonian Institution.
(C)
The chair of the Smithsonian National Latino Board.
(D)
One member of the Board of Regents, appointed by the Board of Regents.
(E)
changed Two Members of Congress, 1 one from each political party, designated by the Congressional Hispanic Caucus and the Congressional Hispanic Conference.
(F)
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.
(3)
Initial appointments— The Board of Regents shall make initial appointments to the Board of Trustees under paragraph (2) not later 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 subparagraph (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 individual 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 portion of a term for which an individual is appointed to fill a vacancy under paragraph (4)(B).
(4)
Vacancies—
(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 paragraph (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 subchapter 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.
(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 lesser 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 initial activity of establishing the Museum until a permanent Director is selected.
(2)
Duties— The Director shall manage the Museum subject to the policies of the Board of Regents and the Board of Trustees.
(b)
changed Staff— The Secretary may appoint 2 two 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 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
(B)
consult with the Director of the Institute of Museum and Library Services concerning 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, culturally appropriate public outreach, and development of professional management at American Latino museums;
(B)
a grant program with the purpose of providing internship and fellowship opportunities at American Latino museums;
(C)
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;
(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 diaspora in the United States; and
(E)
changed 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, 2019, 2020, for the purposes of enhancing educational programming, and maintaining and operating traveling educational exhibits.
(2)
Clarification of treatment of Museum— In this subsection, the term American Latino museum does not include the Museum.
(3)
Authorization of appropriations— There are authorized to be appropriated to the Institute of Museum and Library Services to carry out this subsection—
(A)
changed $15,000,000 for fiscal year 2020; 2021; and
(B)
changed such sums as may be necessary for fiscal year 2021 2022 and each succeeding fiscal year.

Sec. 11 Authorization of appropriations

(a)
In general— There are authorized to be appropriated to the Smithsonian Institution to carry out this Act, other than sections 7(b) and 8—
(1)
changed $20,000,000 for fiscal year 2020; 2021; 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 section may be used to conduct fundraising in support of the Museum from private sources.