Smithsonian National Museum of the American Latino Act in plain language
1: Short title
This section would let the Act be cited as the "Smithsonian National Museum of the American Latino Act."
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1. Short title This Act may be cited as the Smithsonian National Museum of the American Latino Act .
2: Site of Smithsonian National Museum of the American Latino
This section would allow the Smithsonian National Museum of the American Latino to be located within the Reserve of the National Mall (as defined in section 8902(a) of title 40, United States Code), overriding any other law or regulation that would otherwise stand in the way, including section 8908(c) of title 40. It would also make a conforming edit to section 201(g)(4) of division T of the Consolidated Appropriations Act, 2021 (20 U.S.C. 80u(g)(4)): it removes the text ", except that" and everything that follows it in that provision, replacing it with a period. The bill does not restate the wording of section 201(g)(4) itself, so the exact sentence that results, and what exception is being removed, cannot be spelled out here; the effect is that whatever exception used to apply there is deleted from the law. This section would also rewrite the rule on using a site under the jurisdiction of another federal agency (section 201(g)(2) of the same division T, 20 U.S.C. 80u(g)(2)). Under the new rule, the Smithsonian's Board of Regents could not designate a site for the Museum that falls under another federal agency's or entity's administrative jurisdiction without first notifying the head of that agency or entity. Once notified, the head of that agency or entity would have to promptly send written notification to the Chair and ranking minority member of the Senate Committee on Rules and Administration, the Senate Committee on Appropriations, and the Senate Committee on Energy and Natural Resources, and to the House Committee on House Administration, the House Committee on Natural Resources, the House Committee on Transportation and Infrastructure, and the House Committee on Appropriations, stating that the Board of Regents had notified the agency or entity that a site under its jurisdiction was designated and that a transfer would be initiated as soon as practicable. As soon as practicable after those committee members receive that written notification, the head of the agency or entity would have to transfer its administrative jurisdiction over the designated land or structure to the Smithsonian Institution. This section would also rewrite the rule on ensuring diversity of political viewpoints and authentic experiences (section 201(d)(2)(D) of the same division T, 20 U.S.C. 80u(d)(2)(D)). Under the new rule, the Museum's Board of Trustees would have to ensure that the Museum's exhibits and programs accurately and comprehensively represent the varied cultures, histories, events, and values of Hispanic or Latino communities. In carrying out its duties, the Board would have to ensure it seeks and uses, to its maximum ability, guidance from a broad array of knowledgeable and respected sources reflecting the diversity of political viewpoints and authentic experiences held by Hispanics or Latinos in the United States, and it would have to seek that guidance both when creating new exhibits and programs and when substantially revising existing ones. For this rule, "broad array" would mean a range of experts and publications representing the broad spectrum of Hispanic or Latino communities, including varied viewpoints, political ideologies, cultures, and lived experiences in the United States. A "knowledgeable and respected source" would mean a person who, through education, publication, or witnessing an important or historical event, can advise on at least one unique viewpoint or experience of a particular Hispanic or Latino community, and whose knowledge a notable segment of that community has relied on for education, heritage preservation, or historical purposes; the term would also cover that person's work reflecting that ability and knowledge. Not later than 120 days after enactment and every 2 years afterward, the Secretary of the Smithsonian would have to submit a report to the House Committee on Natural Resources, the Senate Committee on Energy and Natural Resources, the House Committee on House Administration, the Senate Committee on Rules and Administration, the House Committee on Transportation and Infrastructure, the House Committee on Appropriations, and the Senate Committee on Appropriations, describing what the Museum's Director and Board of Trustees have done to comply with the diversity-of-viewpoints requirements, including a description of actions taken on substantial revisions of current exhibits and programs and on planning future exhibits and programs. This section and its amendments would take effect as if they had been included when section 201 of division T of the Consolidated Appropriations Act, 2021, was originally enacted.
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2. Site of Smithsonian National Museum of the American Latino (a) Authorizing site within Reserve of National Mall (1) In general Notwithstanding any other provision of law or regulation, including section 8908(c) of title 40, United States Code, the Smithsonian National Museum of the American Latino may be located within the Reserve (as defined in section 8902(a) of title 40, United States Code). (2) Conforming amendment Section 201(g)(4) of division T of the Consolidated Appropriations Act, 2021 ( 20 U.S.C. 80u(g)(4) ) is amended by striking , except that and all that follows and inserting a period. (b) Use of site under the jurisdiction of another Federal agency Section 201(g)(2) of division T of the Consolidated Appropriations Act, 2021 ( 20 U.S.C. 80u(g)(2) ) is amended to read as follows: (2) Site under the jurisdiction of another Federal agency (A) Notification to other agency or entity The Board of Regents shall not designate a site for the Museum that is under the administrative jurisdiction of another Federal agency or entity without first notifying the head of the Federal agency or entity. (B) Notification to Committees Once notified under subparagraph (A), the head of the Federal agency or entity shall promptly submit written notification to the Chair and ranking minority members of the Committee on Rules and Administration, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate, and the Committee on House Administration, the Committee on Natural Resources, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives, stating that the Federal agency or entity was notified by the Board of Regents that a site under its jurisdiction was designated and that a transfer will be initiated as soon as practicable. (C) Transfer As soon as practicable after the date on which the individuals described in subparagraph (B) receive the written notification described in such subparagraph, the head of the Federal agency or entity shall transfer to the Smithsonian Institution its administrative jurisdiction over the land or structure that has been designated as the site for the Museum. . (c) Ensuring diversity of political viewpoints and authentic experiences Section 201(d)(2)(D) of division T of the Consolidated Appropriations Act, 2021 ( 20 U.S.C. 80u(d)(2)(D) ) is amended to read as follows: (D) Ensuring diversity of political viewpoints and authentic experiences (i) In general The Board of Trustees shall ensure that the exhibits and programs of the Museum accurately and comprehensively represent the varied cultures, histories, events, and values of Hispanic or Latino communities. (ii) Specific requirements In carrying out its duties, the Board of Trustees shall ensure that it seeks and utilizes to its maximum ability guidance from a broad array of knowledgeable and respected sources reflecting the diversity of the political viewpoints and authentic experiences held by Hispanics or Latinos in the United States, and shall seek such guidance for both the creation and substantial revision of exhibits and programs. (iii) Definitions In this subparagraph— (I) the term broad array means a range of experts and publications that represent the broad spectrum of Hispanic or Latino communities, to include varied viewpoints, political ideologies, cultures, and lived experiences in the United States; and (II) the term knowledgeable and respected source means an individual who has gained through education, publication, or witnessing an important or historical event, the ability to advise on at least one unique viewpoint or experience of a particular Hispanic or Latino community, and whose knowledge has been relied upon by a notable segment of that community for education, heritage preservation, or historical purposes, and includes the work of such an individual which reflects such ability and knowledge. . (d) Reports to Congress Not later than 120 days after the date of enactment of this Act and every 2 years thereafter, the Secretary of the Smithsonian shall submit to the Committee on Natural Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Appropriations of the House of Representatives, and the Committee on Appropriations of the Senate, a report on actions taken by the Director of the Smithsonian National Museum of the American Latino Museum and the Board of Trustees of the Museum to comply with the requirements of the amendments made by subsection (c), including a description of actions taken with respect to substantial revisions of current exhibits and programs as well the planning of future exhibits and programs. (e) Effective date This section and the amendments made by this section shall take effect as if included in the enactment of section 201 of division T of the Consolidated Appropriations Act, 2021 ( 20 U.S.C. 80u ).