[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1980 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  2d Session
                                H. R. 1980


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2020

    Received; read twice and referred to the Committee on Rules and 
                             Administration

_______________________________________________________________________

                                 AN ACT


 
  To establish in the Smithsonian Institution a comprehensive women's 
                history museum, 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 ``Smithsonian Women's History Museum 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since its founding, the United States has greatly 
        benefitted from the contributions of women.
            (2) Historical accounts, monuments, memorials, and museums 
        disproportionately represent men's achievements and 
        contributions and often neglect those of women. For example--
                    (A) a study of 18 American history textbooks 
                concluded that 10 percent of the material documented 
                contributions of women;
                    (B) 9 statues out of 91 in the United States 
                Capitol's National Statuary Hall depict women; and
                    (C) only one of the 44 monuments operated by the 
                National Park Service specifically honors the 
                achievements of women after the 2016 designation of the 
                Belmont-Paul Women's Equality National Monument.
            (3) There exists no national museum in the United States 
        that is devoted to the documentation of women's contributions 
        throughout the Nation's history.
            (4) Establishing a comprehensive women's history museum 
        representing a diverse range of viewpoints, experience, and 
        backgrounds is necessary to more accurately depict the history 
        of the United States and would add value to the Smithsonian 
        Institution.

SEC. 3. ESTABLISHMENT OF MUSEUM.

    (a) Establishment.--There is established within the Smithsonian 
Institution a comprehensive women's history museum, to be named by the 
Board of Regents in consultation with the council established under 
section 4.
    (b) Purpose.--The purpose of the museum established under this 
section shall be to provide for--
            (1) the collection, study, and establishment of programs 
        relating to women's contributions to various fields and 
        throughout different periods of history that have influenced 
        the direction of the United States;
            (2) collaboration with other Smithsonian Institution 
        museums and facilities, outside museums, and educational 
        institutions; and
            (3) the creation of exhibitions and programs that recognize 
        diverse perspectives on women's history and contributions.

SEC. 4. COUNCIL.

    (a) Establishment.--There is established within the Smithsonian 
Institution a council to carry out the duties set forth under 
subsection (b) and other provisions of this Act.
    (b) Duties.--
            (1) In general.--The council established under this section 
        shall--
                    (A) make recommendations to the Board of Regents 
                concerning the planning, design, and construction of 
                the museum established under section 3;
                    (B) advise and assist the Board of Regents on all 
                matters relating to the administration, operation, 
                maintenance, and preservation of the museum;
                    (C) recommend annual operating budgets for the 
                museum to the Board of Regents;
                    (D) report annually to the Board of Regents on the 
                acquisition, disposition, and display of objects 
                relating to women's art, history, and culture; and
                    (E) adopt bylaws for the operation of the council.
            (2) Principal responsibilities.--The council, subject to 
        the general policies of the Board of Regents, shall have sole 
        authority to--
                    (A) purchase, accept, borrow, and otherwise acquire 
                artifacts for addition to the collections of the 
                museum;
                    (B) loan, exchange, sell, and otherwise dispose of 
                any part of the collections of the museum, but only if 
                the funds generated by that disposition are used for 
                additions to the collections of the museum; or
                    (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, and culture of 
                        women;
                            (ii) the role of women in the history of 
                        the United States; and
                            (iii) the contributions of women to 
                        society.
            (3) Other responsibilities.--The council, subject to the 
        general policies of the Board of Regents, shall have 
        authority--
                    (A) to provide for preservation, restoration, and 
                maintenance of the collections of the museum; and
                    (B) to solicit, accept, use, and dispose of gifts, 
                bequests, and devises of personal property for the 
                purpose of aiding and facilitating the work of the 
                museum.
            (4) Ensuring diversity of political viewpoints in exhibits 
        and programs.--In carrying out its duties, the council shall 
        ensure that the exhibits and programs of the museum reflect the 
        diversity of the political viewpoints held by women of the 
        United States on the events and issues relating to the history 
        of women in the United States.
    (c) Composition and Appointment.--
            (1) In general.--The council shall be composed of 25 voting 
        members as provided under paragraph (2).
            (2) Voting members.--The council shall include the 
        following voting members:
                    (A) The Secretary of the Smithsonian Institution.
                    (B) One member of the Board of Regents, appointed 
                by the Board of Regents.
                    (C) 23 individuals appointed by the Board or 
                Regents. In appointing members under this subparagraph, 
                the Board of Regents should give special consideration 
                to appointing--
                            (i) members of the Congressional 
                        Commission;
                            (ii) board members of the National Women's 
                        History Museum, a nonprofit, educational 
                        organization described in section 501(c)(3) of 
                        the Internal Revenue Code of 1986 that was 
                        incorporated in 1996 in the District of 
                        Columbia and that is dedicated for the purpose 
                        of establishing a women's history museum; and
                            (iii) scholars and representatives of 
                        organizations that are committed to the study 
                        of women's history.
            (3) Initial appointments.--The Board of Regents shall make 
        initial appointments to the council under paragraph (2) not 
        later than 180 days after the date of the enactment of this 
        Act.
    (d) Terms.--
            (1) In general.--Except as provided in this subsection, 
        each appointed member of the council 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 (C) of subsection (c)(2)--
                    (A) 8 members shall be appointed for a term of 1 
                year;
                    (B) 8 members shall be appointed for a term of 2 
                years; and
                    (C) 7 members shall be appointed for a term of 3 
                years.
            (3) Reappointment.--A member of the council may be 
        reappointed, except that no individual may serve on the council 
        for a total of more than 2 terms. For purposes of this 
        paragraph, the number of terms an individual serves on the 
        council 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 council--
                            (i) shall not affect the powers of the 
                        council; and
                            (ii) shall be filled in the same manner as 
                        the original appointment was made.
                    (B) Term.--Any member of the council 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 council shall serve without pay.
            (2) Travel expenses.--A member of the council 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, while away from 
        the home or regular place of business of the member in the 
        performance of the duties of the council.
    (f) Chairperson.--By a majority vote of its voting members, the 
council shall elect a chairperson from its members.
    (g) Meetings.--
            (1) In general.--The council shall meet at the call of the 
        chairperson or on the written request of a majority of the 
        voting members of the council, but not fewer than twice each 
        year.
            (2) Initial meetings.--During the 1-year period beginning 
        on the date of the first meeting of the council, the council 
        shall meet not fewer than 4 times for the purpose of carrying 
        out the duties of the council under this subchapter.
    (h) Quorum.--A majority of the voting members of the council 
holding office shall constitute a quorum for the purpose of conducting 
business, but a lesser number may receive information on behalf of the 
council.

SEC. 5. DIRECTOR AND STAFF OF THE MUSEUM.

    (a) Director.--
            (1) In general.--The museum established under section 3 
        shall have a Director who shall be appointed by the Secretary, 
        taking into consideration individuals recommended by the 
        council established under section 4.
            (2) Duties.--The Director shall manage the museum subject 
        to the policies of the Board of Regents.
    (b) Staff.--The Secretary may appoint 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. 6. EDUCATIONAL AND LIAISON PROGRAMS.

    (a) Programs Authorized.--The Director of the museum established 
under section 3 may carry out educational and liaison programs in 
support of the goals of the museum.
    (b) Collaboration With Schools.--In carrying out this section, the 
Director shall carry out educational programs in collaboration with 
elementary schools, secondary schools, and postsecondary schools.

SEC. 7. BUILDING.

    (a) In General.--
            (1) Location.--
                    (A) In general.--Not later than 6 months after the 
                date of the enactment of this Act, the Board of Regents 
                shall designate a site for the museum established under 
                section 3.
                    (B) Sites for consideration.--In designating a site 
                under subparagraph (A), the Board of Regents shall 
                select from among the following sites in the District 
                of Columbia:
                            (i) The site known as the ``South Monument 
                        site'', located on the National Mall and 
                        bordered by 14th Street Northwest, Jefferson 
                        Drive Southwest, Raoul Wallenberg Place 
                        Southwest, and Independence Ave Southwest.
                            (ii) The Northwest United States Capitol 
                        site, bordered by 3rd Street Northwest, 
                        Constitution Avenue Northwest, 1st Street 
                        Northwest, and Pennsylvania Ave Northwest.
                            (iii) Any other appropriate location as 
                        identified by the Board of Regents in 
                        consultation with the council established under 
                        section 4.
                    (C) Availability of site.--
                            (i) In general.--The sites described in 
                        clauses (i) and (ii) of subparagraph (B) shall 
                        remain available until the date on which the 
                        Board of Regents designates a site for the 
                        museum under subparagraph (A).
                            (ii) Transfer to smithsonian institution.--
                        If the site designated for the museum is in an 
                        area that is under the administrative 
                        jurisdiction of a Federal agency, as soon as 
                        practicable after the date on which the 
                        designation is made, the head of the Federal 
                        agency shall transfer to the Smithsonian 
                        Institution administrative jurisdiction over 
                        the area.
                    (D) Factors considered.--In designating a site 
                under subparagraph (A), the Board of Regents shall take 
                into consideration each of the following factors:
                            (i) An estimate of the costs associated 
                        with each potential site.
                            (ii) An assessment of the suitability of 
                        the space of each potential site, including 
                        size, proximity to other buildings and 
                        transportation, and other external 
                        environmental conditions, as appropriate.
                            (iii) The recommendations of the 
                        Congressional Commission.
                    (E) Consultation.--The Board of Regents shall carry 
                out its duties under this paragraph in consultation 
                with each of the following:
                            (i) The Chair of the National Capital 
                        Planning Commission.
                            (ii) The Chair of the Commission on Fine 
                        Arts.
                            (iii) The Chair of the Congressional 
                        Commission.
                            (iv) The chair and ranking minority member 
                        of the Committees on Appropriations and Rules 
                        and Administration of the Senate.
                            (v) The chair and ranking minority member 
                        of the Committees on Appropriations, House 
                        Administration, and Transportation and 
                        Infrastructure of the House of Representatives.
                    (F) Priority.--In designating a site under 
                subparagraph (A), the Board of Regents shall give 
                priority to a site which is on or near the National 
                Mall.
    (b) Construction of Building.--The Board of Regents, in 
consultation with the council established under section 4, may plan, 
design, and construct a building for the museum, which shall be located 
at the site designated by the Board of Regents under subsection (a).
    (c) Nonapplicability of Provisions Relating to Monuments and 
Commemorative Works.--Chapter 89 of title 40, United States Code, shall 
not apply with respect to the museum.
    (d) Cost Sharing.--The Board of Regents shall pay--
            (1) 50 percent of the costs of carrying out this section 
        from Federal funds; and
            (2) 50 percent of the costs of carrying out this section 
        from non-Federal sources.

SEC. 8. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) The term ``Board of Regents'' means the Board of 
        Regents of the Smithsonian Institution.
            (2) The term ``Congressional Commission'' means the 
        Commission to Study the Potential Creation of a National 
        Women's History Museum, established under section 3056 of the 
        Military Construction Authorization Act for Fiscal Year 2015 
        (Public Law 113-291; 128 Stat. 3810).
            (3) The term ``Secretary'' means the Secretary of the 
        Smithsonian Institution.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Smithsonian Institution to carry out this Act, including the planning, 
design, construction, and operation of the museum established under 
section 3, such sums as may be necessary for fiscal year 2021 and each 
succeeding fiscal year.
    (b) Availability.--Amounts appropriated pursuant to the 
authorization under this section 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 established under section 3 from private 
sources.

            Passed the House of Representatives February 11, 2020.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.

                               By Robert F. Reeves,

                                                          Deputy Clerk.