Smithsonian American Women’s History Museum Act
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The bill would designate the South Monument site on the National Mall for the Smithsonian American Women's History Museum, transfer the land to the Smithsonian, and set rules for approving the building's design, unless the President picks an alternate site within 180 days.
It would also define the museum's mission as focused on 'biological women' and bar it from depicting any biological male as female, while requiring its advisory council to seek out a broad range of political viewpoints when developing exhibits.
What this bill would do
What it would do
The bill would amend the 2021 law that created the Smithsonian American Women's History Museum to designate the South Monument site on the National Mall as its location, though the President could pick a different site within 180 days of enactment. It would require the land's administrative jurisdiction to transfer to the Smithsonian and would let the Board of Regents plan, design, and build the museum with approval from the Commission of Fine Arts, the National Capital Planning Commission, and other named bodies, subject to site and design criteria. The Smithsonian would have to reimburse agencies for costs tied to that approval process. The bill would also amend the museum's statutory mission to focus on the history and experiences of "biological women" and would prohibit the museum from depicting any biological male as female. It would require the museum's advisory council to seek guidance from a broad, ideologically diverse array of sources when creating or substantially revising exhibits, and would require periodic reports to Congress on compliance with these requirements.
Key provisions
- 1Would designate the South Monument site on the National Mall as the museum's location, unless the President names an alternative site within 180 days of enactment
- 2Would require the federal agency currently holding the site to transfer administrative jurisdiction to the Smithsonian Institution
- 3Would let the Board of Regents plan, design, and construct the museum building with approval from named federal planning and design commissions, guided by specific site and design criteria
- 4Would require the Smithsonian to reimburse federal agencies within 60 days for costs from the building approval process
- 5Would redefine the museum's mission around the history and experiences of biological women and prohibit depicting any biological male as female
- 6Would require the museum's advisory council to seek guidance from a broad, politically diverse array of sources when creating or revising exhibits
- 7Would require periodic reports to multiple congressional committees on compliance with the mission and viewpoint-diversity requirements
Who would be affected
The Smithsonian Institution and its Board of Regents, the museum's advisory council, the National Park Service or other federal agency currently holding the National Mall site, the Commission of Fine Arts, the National Capital Planning Commission, and the National Capital Memorial Advisory Commission, plus future visitors and content contributors to the planned museum.
Why it matters
The bill would settle a long-unresolved site dispute that had stalled the museum's planning, giving it a specific National Mall location and a legal pathway to construction. It would also lock in a contested definition of the museum's scope and subject matter, shaping what stories and exhibits the museum can present about women's history.
What would change
Changes to existing law
Amends Section 107(a) of division T of the Consolidated Appropriations Act, 2021 (20 U.S.C. 80t-5(a)) (Sec. 2(b))
Designates the South Monument site for the museum, with a 180-day presidential option to pick an alternative site
Amends Section 107(b) of division T of the Consolidated Appropriations Act, 2021 (20 U.S.C. 80t-5(b)) (Sec. 2(c)(1))
Requires transfer of administrative jurisdiction over the site to the Smithsonian Institution
Amends Section 107(c) of division T of the Consolidated Appropriations Act, 2021 (20 U.S.C. 80t-5(c)) (Sec. 2(c)(2))
Sets approval process and design/site criteria for constructing the museum building
Amends Section 107 of division T of the Consolidated Appropriations Act, 2021 (20 U.S.C. 80t-5) (Sec. 2(c)(3))
Adds a requirement that the Smithsonian reimburse agency costs from the building approval process within 60 days
Amends Section 103 of division T of the Consolidated Appropriations Act, 2021 (20 U.S.C. 80t-1) (Sec. 2(d))
Adds a scope-of-mission clause focused on biological women and prohibits depicting biological males as female
Amends Section 104(b)(4) of division T of the Consolidated Appropriations Act, 2021 (20 U.S.C. 80t-2(b)(4)) (Sec. 2(e))
Requires the museum's advisory council to seek guidance reflecting diverse political viewpoints for exhibits and programs
Agencies directed to act
Effective dates
- The President's window to designate an alternative museum site
- Smithsonian reimbursement of agency costs from the building approval process
- First report to Congress on compliance with mission and viewpoint requirements
- The section and its amendments apply retroactively as if enacted with the original 2021 law
How implementation would work
The federal agency holding the South Monument site would transfer jurisdiction to the Smithsonian, unless the President names a different site within 180 days. The Board of Regents would then seek approval from the Commission of Fine Arts, the National Capital Planning Commission, and the National Capital Memorial Advisory Commission before designing and building the museum, guided by statutory siting and design criteria, and the Smithsonian would reimburse agency costs from that process within 60 days. The museum's advisory council would consult a broad range of sources when building exhibits, and the Smithsonian's Secretary would report to seven congressional committees every two years on compliance.
Legislative status & sources
Latest action
Motion to reconsider laid on the table Agreed to without objection.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill authorizes the Smithsonian American Women's History Museum to be located on a particular site within the Reserve of the National Mall in Washington, DC.
Specifically, the bill designates the South Monument site as the location for the museum; however, the President may designate an alternative site within 180 days of the bill's enactment. (The site is the undeveloped land across the National Mall from the National Museum of African American History and Culture.) Administrative jurisdiction of the site must be transferred to the Smithsonian Institution.
The Board of Regents of the Smithsonian Institution must have the approval of specified federal entities (e.g., the Commission of Fine Arts) to plan, design, and construct a museum building. The bill (1) outlines the criteria for considering site and design proposals, and (2) requires the Smithsonian Institution to reimburse for costs resulting from the building approval process.
The bill directs the museum to be dedicated to preserving, researching, and presenting the history, achievements, and lived experiences of biological women in the United States. Under this bill, the museum may not identify, present, describe, or depict any biological male as a female.
In carrying out its duties, the museum's advisory council must (1) seek and utilize 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 (2) seek guidance for the creation and substantial revision of exhibits and programs.
Legislative subjects
Arts, Culture, Religion; Congressional oversight; Government buildings, facilities, and property; Museums, exhibitions, cultural centers; Smithsonian Institution; U.S. history
Committee report
H. Rept. 119-621