[House Report 119-621]
[From the U.S. Government Publishing Office]
119th Congress } { Rept. 119-621
2d Session } HOUSE OF REPRESENTATIVES { Part 1
======================================================================
SMITHSONIAN AMERICAN WOMEN'S HISTORY MUSEUM
ACT
_______
April 23, 2026.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Steil, from the Committee on House Administration, submitted the
following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 1329]
The Committee on House Administration, to whom was referred
the bill (H.R. 1329) to permit the Smithsonian American Women's
History Museum to be located within the Reserve of the National
Mall, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Related Hearings................................................. 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 8
Performance Goals and Objectives................................. 8
Congressional Budget Office Estimate............................. 8
New Budget Authority, Entitlement Authority, and Tax Expenditures 8
Federal Mandates Statement....................................... 8
Advisory Committee Statement..................................... 8
Applicability to Legislative Branch.............................. 8
Earmark Identification........................................... 9
Duplication of Federal Programs.................................. 9
Section-by-Section Summary of H.R. 1329.......................... 9
Changes in Existing Law Made by the Bill, as Reported............ 10
Minority Views................................................... 18
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smithsonian American Women's History
Museum Act''.
SEC. 2. SITE OF SMITHSONIAN AMERICAN WOMEN'S HISTORY MUSEUM.
(a) Authorizing Site Within Reserve of National Mall.--Section 107(d)
of division T of the Consolidated Appropriations Act, 2021 (20 U.S.C.
80t-5(d)) is amended by striking ``, except that'' and all that follows
and inserting a period.
(b) Site Designation.--Section 107(a) of division T of the
Consolidated Appropriations Act, 2021 (20 U.S.C. 80t-5(a)) is amended
to read as follows:
``(a) In General.--The site for the Museum is hereby designated as
the South Monument site, located on the National Mall, bordered by 14th
Street Southwest, Jefferson Drive Southwest, Raoul Wallenberg Place
Southwest, and Independence Avenue Southwest, except that the President
may designate an alternative site for the Museum within 180 days of the
date of the enactment of this subsection.''.
(c) Use of Site.--
(1) Transfer.--Section 107(b) of division T of the
Consolidated Appropriations Act, 2021 (20 U.S.C. 80t-5(b)) is
amended to read as follows:
``(b) Transfer of Site.--As soon as practicable after the date of the
enactment of this subsection, the head of the Federal agency or entity
shall transfer to the Smithsonian Institution its administrative
jurisdiction over the land described in subsection (a).''.
(2) Building requirements.--Section 107(c) of division T of
the Consolidated Appropriations Act, 2021 (20 U.S.C. 80t-5(c))
is amended to read as follows:
``(c) Building.--
``(1) In general.--The Board of Regents, in consultation with
the head of the Federal agency or entity and the council
established under section 104 and with the approval of the
Commission of Fine Arts, National Capital Planning Commission,
the National Capital Memorial Advisory Commission, and the head
of the Federal agency or entity, may plan, design, and
construct a building for the Museum, which shall be located at
the site described in subsection (a).
``(2) Criteria.--In considering site and design proposals,
the Commission of Fine Arts, the National Capital Planning
Commission, the National Capital Memorial Advisory Commission,
and the head of the Federal agency or entity shall be guided
by, but not limited to the following criteria:
``(A) The Museum shall be located so that to the
maximum extent practicable, it protects the open space,
existing public use, and cultural and natural
resources.
``(B) The Museum shall be constructed of durable
material suitable to the outdoor environment.
``(C) Landscape features of the Museum shall be
compatible with the climate.
``(D) The National Capital Planning Commission and
the Commission of Fine Arts may develop such criteria
or guidelines specific to each site that are mutually
agreed upon to ensure that the design of the Museum
carries out the purposes of this section.''.
(3) Expenses.--Section 107 of division T of the Consolidated
Appropriations Act, 2021 (20 U.S.C. 80t-5) is amended by adding
at the end the following:
``(f) Expenses.--The Smithsonian Institution shall reimburse within
60 days any and all costs incurred by the head of the Federal agency or
entity for implementation of any recommendations resulting from the
approval process described in subsection (c).''.
(d) Museum Purpose.--Section 103 of division T of the Consolidated
Appropriations Act, 2021 (20 U.S.C. 80t-1) is amended by adding at the
end the following:
``(c) Scope of Mission.--
``(1) In general.--The Museum shall be dedicated to
preserving, researching, and presenting the history,
achievements, and lived experiences of biological women in the
United States.
``(2) Prohibition.--The Museum may not identify, present,
describe, or otherwise depict any biological male as a
female.''.
(e) Ensuring Diversity of Political Viewpoints and Authentic
Experiences.--Section 104(b)(4) of division T of the Consolidated
Appropriations Act, 2021 (20 U.S.C. 80t-2(b)(4)) is amended to read as
follows:
``(4) Ensuring diversity of political viewpoints and
authentic experiences.--
``(A) In general.--The Council shall ensure that the
exhibits and programs of the Museum reflect, to the
extent practicable, an equal representation of the
diversity of the political viewpoints and authentic
experiences held by women in the United States,
accurately and comprehensively representing the varied
cultures, histories, events, and values held by such
women.
``(B) Specific requirements.--In carrying out its
duties, the Council 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 women in the United States, and
shall seek such guidance for both the creation and
substantial revision of exhibits and programs.
``(C) Definitions.--In this paragraph--
``(i) the term `broad array' means a range of
experts and publications that represent the
broad spectrum of communities of women, 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 community of women
in the United States, 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.''.
(f) Reports to Congress.--Not later than 120 days after the date of
the 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 American
Women's History Museum and the Council of the Museum to comply with the
requirements of the amendments made by subsection (f), 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.
(g) Effective Date.--This section and the amendments made by this
section shall take effect as if included in the enactment of title I of
division T of the Consolidated Appropriations Act, 2021 (20 U.S.C. 80t
et seq.).
Purpose and Summary
H.R. 1329, the Smithsonian American Women's History Museum
Act, was introduced on February 13, 2025, by Representative
Nicole Malliotakis (R-NY). It would authorize the Smithsonian
Institution's American Women's History Museum to be designated
on a site on the Reserve of the National Mall in Washington,
D.C., authorize the transfer of federal land from an agency to
the Smithsonian Institution for the purposes of the
construction of the Smithsonian American Women's History
Museum, and it would clarify the scope and purpose of the
museum.
Background and Need for Legislation
The Smithsonian American Women's History Museum (SAWHM) was
authorized and appropriated in H.R. 133, 116th Congress, the
Consolidated Appropriations Act, 2021. The Act passed on a
bipartisan basis in the House by a vote of 359-53 and in the
Senate by a vote of 92-6 and became P.L. No. 116-260. This law
did not select a particular site for the location of the
museum, and the museum was prohibited from being constructed on
the Reserve of the National Mall in Washington, D.C.
H.R. 1329, the Smithsonian American Women's History Museum
Act, would authorize the Smithsonian Institution to designate
and construct the Smithsonian American Women's History Museum
(SAWHM) on the Reserve of the National Mall in Washington, D.C.
This legislation is necessary to authorize construction of the
museum on the National Mall alongside other Smithsonian
Institution museums, in a place of historic and national
prominence, to celebrate the achievements and history of women
in the United States.
Related Hearings
In the 118th Congress, the Committee held a hearing titled,
``Looking Ahead Series: Oversight of the Smithsonian
Institution'' on December 12, 2023.
In the 117th Congress, the Committee held a hearing titled,
``Oversight of the Smithsonian Institution: Protecting
Smithsonian Facilities and Collections Against Climate Change''
on December 16, 2021.
Committee Consideration
The Committee on House Administration met in open session
on March 18, 2026, and ordered H.R. 1329 to be reported
favorably to the House, as amended, by a recorded vote of 7
ayes to 4 nays, a quorum being present. Before the question was
called to order the bill favorably reported, the Committee
adopted an amendment in the nature of a substitute offered by
Mrs. Miller by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the order to report legislation and amendments thereto. H.R.
1329 was ordered reported favorably to the House, as amended,
by a recorded vote of 7 ayes to 4 nays, a quorum being present.
An amendment offered by Ms. Torres, no. 1, was not agreed
to by a recorded vote of 4 ayes to 7 nays, a quorum being
present.
Committee Oversight Findings
Pursuant to clause 3(c) of rule XIII of the Rules of the
House of Representatives, the findings and recommendations of
the Committee, based on oversight activities under clause
2(b)(1) of rule X of the Rules of the House of Representatives,
are incorporated in the descriptive portions of this report.
Performance Goals and Objectives
The performance goals and objectives of H.R. 1329, the
Smithsonian American Women's History Museum Act, are to
authorize the Smithsonian Institution to designate and
construct the Smithsonian American Women's History Museum on
the Reserve of the National Mall and provide clarifications for
the purposes of the Smithsonian American Women's History
Museum.
Congressional Budget Office Estimate
The Committee has requested but not received a cost
estimate from the Director of the Congressional Budget Office.
However, pursuant to clause 3(d)(1) of House rule XIII, the
Committee will adopt as its own the cost estimate by the
Director of the Congressional Budget Office once it has been
prepared.
New Budget Authority, Entitlement Authority,
and Tax Expenditures
The Committee has requested but not received an estimate
from the Director of the Congressional Budget Office. However,
pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives, once an estimate has been prepared by
the Director of the Congressional Budget Office, as required by
section 402 of the Congressional Budget Act of 1973, the
Committee will adopt as its own the estimate of new budget
authority, entitlement authority, or tax expenditures or
revenues contained in the cost estimate.
Federal Mandates Statement
The Committee has requested but not received an estimate
from the Director of the Congressional Budget Office of the
Federal mandates pursuant to section 423 of the Unfunded
Mandates Reform Act. The Committee will adopt the estimate once
it has been prepared by the Director.
Advisory Committee Statement
H.R. 1329, the Smithsonian American Women's History Museum
Act, does not establish or authorize any new advisory
committees.
Applicability to Legislative Branch
The Committee finds that H.R. 1329, the Smithsonian
American Women's History Museum Act, does not impact the terms
or conditions of employment and access to public services or
accommodations for employees of the Legislative Branch within
the meaning of section 102(b)(3) of the Congressional
Accountability Act (CAA).
Earmark Identification
With respect to clause 9 of rule XXI of the Rules of the
House of Representatives, the Committee has carefully reviewed
the provisions of the bill and states that the provisions of
the bill do not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits within the meaning of the
rule.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee states that no
provision of the bill establishes or reauthorizes a program of
the Federal Government known to be duplicative of another
Federal program, including any program that was included in a
report to Congress pursuant to section 21 of the Public Law
111-139 or the most recent Catalog of Federal Domestic
Assistance.
Section-by-Section Summary of H.R. 1329
Section 1. Short title: ``Smithsonian American Women's
History Museum Act.''
Section 2. Site of Smithsonian American Women's History
Museum.
(a) Authorizing Site Within Reserve of National Mall--
Amends division T of the Consolidated Appropriations Act, 2021
to strike the prohibition of the museum from being located in
the Reserve.
(b) Site Designation--Amends division T of the Consolidated
Appropriations Act, 2021 to designate the South Monument Site
as the location for the museum and permit the President to
designate an alternative within 180 days.
(c) Use of Site--Amends division T of the Consolidated
Appropriations Act, 2021 to direct the agency in possession of
land for museum siting to transfer the land to the Smithsonian
Institution. The Board of Regents of the Smithsonian
Institution, with the approval of other federal entities, are
directed to build a museum building. The Smithsonian
Institution is directed to reimburse the agency.
(d) Museum Purpose--Amends division T of the Consolidated
Appropriations Act, 2021 to direct the museum to be dedicated
to preserving, researching, and presenting the history,
achievements, and lived experiences of biological women.
(e) Ensuring Diversity of Political Viewpoints and
Authentic Experiences--Amends division T of the Consolidated
Appropriations Act, 2021 to direct the Smithsonian Institution
to ensure that the exhibits and programs of the museum reflect,
to the extent practicable, an equal representation of the
diversity of the political viewpoints and authentic experiences
held by American women.
(f) Reports to Congress--Not later than 120 days after
enactment and every two years follow, the Smithsonian
Institution is directed to report to Congress the content and
actions of the museum.
(g) Effective Date--This section and the amendments made by
this section shall take effect as if included in the enactment
of title I of division T of the Consolidated Appropriations
Act, 2021.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
CONSOLIDATED APPROPRIATIONS ACT, 2021
* * * * * * *
DIVISION T--SMITHSONIAN AMERICAN WOMEN'S HISTORY MUSEUM ACT AND
NATIONAL MUSEUM OF THE AMERICAN LATINO
TITLE I--SMITHSONIAN AMERICAN WOMEN'S HISTORY MUSEUM ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Smithsonian American Women's
History Museum Act''.
* * * * * * *
SEC. 103. 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 104 (referred to in this Act
as the ``Museum'').
(b) Purpose.--The purpose of the Museum established under
this section shall be to provide for--
(1) the collection and study of, and the
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.
(c) Scope of Mission.--
(1) In general.--The Museum shall be dedicated to
preserving, researching, and presenting the history,
achievements, and lived experiences of biological women
in the United States.
(2) Prohibition.--The Museum may not identify,
present, describe, or otherwise depict any biological
male as a female.
SEC. 104. 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
(referred to in this section as the ``Council'').
(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;
(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, to the extent practicable, an equal
representation of 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.]
(4) Ensuring diversity of political viewpoints and
authentic experiences.--
(A) In general.--The Council shall ensure
that the exhibits and programs of the Museum
reflect, to the extent practicable, an equal
representation of the diversity of the
political viewpoints and authentic experiences
held by women in the United States, accurately
and comprehensively representing the varied
cultures, histories, events, and values held by
such women.
(B) Specific requirements.--In carrying out
its duties, the Council 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 women in the United States,
and shall seek such guidance for both the
creation and substantial revision of exhibits
and programs.
(C) Definitions.--In this paragraph--
(i) the term ``broad array'' means a
range of experts and publications that
represent the broad spectrum of
communities of women, 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 community
of women in the United States, 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.
(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) One member appointed by the majority
leader of the Senate.
(B) One member appointed by the minority
leader of the Senate.
(C) One member appointed by the Speaker of
the House of Representatives.
(D) One member appointed by the minority
leader of the House of Representatives.
(E) The Secretary of the Smithsonian
Institution.
(F) One member of the Board of Regents,
appointed by the Board of Regents.
(G) Nineteen individuals appointed by the
Board of 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 (G) of
subsection (c)(2)--
(A) 7 members shall be appointed for a term
of 1 year;
(B) 6 members shall be appointed for a term
of 2 years; and
(C) 6 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,
United States Code, 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 Act.
(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. 107. BUILDING.
[(a) Location.--
[(1) In general.--Not later than 2 years after the
date of the enactment of this Act, the Board of Regents
shall designate a site for the Museum.
[(2) Sites for consideration.--In designating a site
under paragraph (1), the Board of Regents shall--
[(A) select a site in the District of
Columbia; and
[(B) include the consideration of the
following sites:
[(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.
[(3) Factors considered.--In designating a site under
paragraph (1), the Board of Regents shall take into
consideration each of the following factors:
[(A) An estimate of the costs associated with
each potential site.
[(B) 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.
[(C) The recommendations of the Congressional
Commission.
[(4) Consultation.--The Board of Regents shall carry
out its duties under this subsection in consultation
with each of the following:
[(A) The Chair of the National Capital
Planning Commission.
[(B) The Director of the National Park
Service.
[(C) The Chair of the National Capital
Memorial Advisory Commission.
[(D) The Chair of the Commission on Fine
Arts.
[(E) The Chair of the Congressional
Commission.
[(F) The Architect of the Capitol.
[(G) The chair and ranking member of each of
the following committees:
[(i) The Committee on Rules and
Administration of the Senate.
[(ii) The Committee on House
Administration of the House of
Representatives.
[(iii) The Committee on Energy and
Natural Resources of the Senate.
[(iv) The Committee on Natural
Resources of the House of
Representatives.
[(v) The Committee on Transportation
and Infrastructure of the House of
Representatives.
[(vi) The Committee on Appropriations
of the House of Representatives.
[(vii) The Committee on
Appropriations of the Senate.
[(5) Intent of congress.--It is the intent of
Congress that the Museum be located on or near the
National Mall, to the maximum extent practicable, in
accordance with this section.
[(b) Site Under the Jurisdiction of Another Federal Agency.--
[(1) Written notification of agreement.--The Board of
Regents shall not designate a site for the Museum that
is under the administrative jurisdiction of another
Federal agency or entity unless the head of the Federal
agency or entity submits to each of the committees
described in subsection (a)(4)(G) written notification
stating that the head of the Federal agency or entity
concurs with locating the Museum on the land or in the
structure that is under the administrative jurisdiction
of the Federal agency or entity.
[(2) Transfer.--As soon as practicable after the date
on which Congress receives the written notification
described in paragraph (1), 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) Construction of Building.--The Board of Regents, in
consultation with the council established under section 104,
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), in accordance with this section.]
(a) In General.--The site for the Museum is hereby designated
as the South Monument site, located on the National Mall,
bordered by 14th Street Southwest, Jefferson Drive Southwest,
Raoul Wallenberg Place Southwest, and Independence Avenue
Southwest, except that the President may designate an
alternative site for the Museum within 180 days of the date of
the enactment of this subsection.
(b) Transfer of Site.--As soon as practicable after the date
of the enactment of this subsection, the head of the Federal
agency or entity shall transfer to the Smithsonian Institution
its administrative jurisdiction over the land described in
subsection (a).
(c) Building.--
(1) In general.--The Board of Regents, in
consultation with the head of the Federal agency or
entity and the council established under section 104
and with the approval of the Commission of Fine Arts,
National Capital Planning Commission, the National
Capital Memorial Advisory Commission, and the head of
the Federal agency or entity, may plan, design, and
construct a building for the Museum, which shall be
located at the site described in subsection (a).
(2) Criteria.--In considering site and design
proposals, the Commission of Fine Arts, the National
Capital Planning Commission, the National Capital
Memorial Advisory Commission, and the head of the
Federal agency or entity shall be guided by, but not
limited to the following criteria:
(A) The Museum shall be located so that to
the maximum extent practicable, it protects the
open space, existing public use, and cultural
and natural resources.
(B) The Museum shall be constructed of
durable material suitable to the outdoor
environment.
(C) Landscape features of the Museum shall be
compatible with the climate.
(D) The National Capital Planning Commission
and the Commission of Fine Arts may develop
such criteria or guidelines specific to each
site that are mutually agreed upon to ensure
that the design of the Museum carries out the
purposes of this section.
(d) Commemorative Works Act.--Chapter 89 of title 40, United
States Code, shall not apply with respect to the Museum[,
except that the Museum shall not be located in the Reserve (as
defined in section 8902(a) of that title).].
(e) 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.
(f) Expenses.--The Smithsonian Institution shall reimburse
within 60 days any and all costs incurred by the head of the
Federal agency or entity for implementation of any
recommendations resulting from the approval process described
in subsection (c).
* * * * * * *
MINORITY VIEWS
The Smithsonian American Women's History Museum is long
overdue and deserves a place on the National Mall. The National
Mall is where our nation tells its story--both its triumphs and
its struggles--and American women are main characters in every
chapter of that story. That is why Committee Democrats support
H.R. 1329, as introduced by Republican Congresswoman Nicole
Malliotakis, as well as its companion bill related to the
National Museum of the American Latino, H.R. 1330. Notably,
H.R. 1329 has 230 cosponsors, including 105 Republicans. H.R.
1330 is similarly bipartisan, featuring 126 cosponsors, 36 of
whom are Republicans. Together, these bills correct a statutory
anomaly that has stalled both museums and allow them to move
forward on the Mall, consistent with congressional intent and
prior Committee action.
Unfortunately, Committee Republicans chose to abandon this
bipartisan approach and instead politicize legislation that
has, for years, enjoyed broad bipartisan support. The amended
version of the bill authored by Representative Mary Miller and
introduced by the Majority changes the legislation in four key
ways:
1. It grants President Donald Trump unprecedented,
unilateral, and unchecked authority to override the
Smithsonian's site recommendation and select a location
of his choosing.
2. It turns control over the museum's design and
construction to boards like the National Capital
Planning Commission, which have been filled by
President Trump with political loyalists.
3. It omits entirely the National Museum of the
American Latino, despite the longstanding bipartisan
understanding that both museums would move forward in
tandem.
4. It inserts a politically charged, ideological
poison pill intended to dictate what the museum can and
cannot say about women's history, undermining
curatorial independence.
During the markup, Committee Democrats offered an amendment
to restore the bill to its original, bipartisan form--retaining
the Women's History Museum language as introduced and
incorporating the Latino Museum fix. The amendment was rejected
on party lines, though no justification for doing so was
offered by the Committee's majority.
This departure from the bipartisan legislative framework is
especially unfortunate in light of the bill's history. In 2019,
when this Committee first authorized the Women's History
Museum, Democrats accepted an amendment from Representative
Loudermilk requiring the museum to reflect ``the diversity of
the political viewpoints held by women of the United States.''
That same language appears in this bill and analogous language
is in the Latino Museum legislation. The Majority's actions at
the markup call into question the consistent application of
that principle, to say the least.
If the Majority's objective was to advance this
legislation, it would have preserved the broadly supported,
bipartisan bills addressing both museums rather than replacing
it with a measure that excludes the Latino Museum, constrains
curatorial independence, and vests unprecedented decision-
making authority in President Trump.
These concerns are exacerbated by recent executive actions
seeking to dictate how the Smithsonian presents American
history. The issuance of these presidential directives is
unacceptable and raises serious questions about political
interference in an institution long respected for its
curatorial independence.
Committee Democrats remain committed to establishing both
the Smithsonian American Women's History Museum and the
National Museum of the American Latino on the National Mall--
and doing so in a manner consistent with longstanding
bipartisan intent, without poison pills, and without giving the
President the right to unilaterally dictate where the museum is
located.
Joseph D. Morelle,
Ranking Member.
[all]