What changed between these versions
A complete substitute amendment. v2 fundamentally restructures the bill by designating a specific site for the Smithsonian American Women's History Museum on the National Mall, replacing the general authorization in v1. Additionally, v2 introduces a new mission scope defining "women" as "biological women" and prohibiting the depiction of biological males as females, alongside detailed building requirements and an updated diversity mandate.
Overview
Extensive changes throughout the bill, including significant additions, deletions, and modifications to core provisions. · v2 fundamentally restructures and narrows the scope of the museum's mission while providing more specific directives regarding its location and construction.
v2 represents a fundamental restructuring of the Smithsonian American Women's History Museum Act. The most significant change is the designation of a specific "South Monument site" on the National Mall for the museum, replacing v1's general authorization to locate within the Reserve. Furthermore, v2 introduces a new, restrictive definition of the museum's mission, explicitly stating it is dedicated to "biological women" and prohibiting the depiction of biological males as females. The bill also adds detailed building requirements, a reimbursement clause for agency expenses, and modifies the diversity mandate to include "equal representation" of viewpoints.
Major additions
This new subsection designates 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" as the specific site for the Museum. It also includes a provision allowing the President to designate an alternative site within 180 days.
This is a critical change, moving from a general authorization to locate within the National Mall Reserve to a precise, mandated location. This removes the Board of Regents' discretion in selecting a site, though it grants the President a limited window for an alternative designation.
This new subsection outlines detailed building requirements and an extensive approval process for the museum's construction. It mandates consultation with the head of the Federal agency, the museum council, and approval from the Commission of Fine Arts, National Capital Planning Commission, and National Capital Memorial Advisory Commission. It also sets criteria for site and design proposals, emphasizing protection of open space, durable materials, and compatible landscape features.
This adds a comprehensive framework for the design and construction of the museum, introducing multiple layers of oversight and specific architectural and environmental considerations that were absent in v1. It significantly impacts the planning and execution phases of the museum's development.
This new provision requires the Smithsonian Institution to reimburse any and all costs incurred by the head of the Federal agency or entity for implementing recommendations resulting from the approval process described in subsection (c) within 60 days.
This introduces a financial obligation for the Smithsonian, ensuring that other Federal agencies are compensated for their involvement and any necessary actions related to the museum's site and construction approval. This could impact the Smithsonian's budget and operational planning.
This new subsection defines the "Scope of Mission" for the Museum. It states that the Museum shall be dedicated to preserving, researching, and presenting the history, achievements, and lived experiences of "biological women" in the United States. Crucially, it includes a "Prohibition" that the Museum may not identify, present, describe, or otherwise depict any "biological male as a female."
This is a highly significant addition that fundamentally alters and narrows the interpretive scope of the Museum's mission. By explicitly defining "women" as "biological women" and prohibiting the depiction of biological males as females, it sets specific parameters for content and representation that were not present in v1. This will directly impact exhibit development, educational programs, and the overall narrative presented by the Museum.
Deletions
This provision generally authorized the Smithsonian American Women's History Museum to be located within the Reserve of the National Mall, notwithstanding specific legal restrictions. It provided flexibility for site selection within that broad area.
The deletion of this general authorization means the Board of Regents no longer has the discretion to choose a site within the Reserve. Instead, v2 directly designates a specific site, fundamentally changing the approach to the museum's location.
These provisions outlined a multi-step notification process for designating a site under the jurisdiction of another Federal agency. It required the Board of Regents to notify the agency head, who would then notify specific Congressional committees, before a transfer of administrative jurisdiction could be initiated.
The deletion of these notification steps streamlines the transfer process in v2. Instead of a consultative notification, v2 mandates a direct transfer of administrative jurisdiction for the designated site, removing the prior procedural requirements and Congressional committee involvement.
Modifications
While the technical amendment is identical, its operative impact shifts from enabling a general location within the Reserve to facilitating the placement of a mandated specific site within the Reserve. It removes a potential legal barrier for the now-designated South Monument site.
Before
Amended 20 U.S.C. 80t-5(d) by striking ", except that" and all that follows and inserting a period, effectively removing a general restriction on the museum's site being within the National Mall Reserve.
After
Retains the exact same amendment to 20 U.S.C. 80t-5(d).
This change removes procedural hurdles and discretion from the site transfer process. For the Federal agency with jurisdiction over the designated site, the transfer becomes a direct and mandatory action rather than one preceded by notifications and committee involvement.
Before
Outlined a process for using a site under another Federal agency's jurisdiction, involving notification from the Board of Regents to the agency, then from the agency to specific Congressional committees, followed by a transfer of administrative jurisdiction.
After
Replaces the detailed notification process with a direct mandate: "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)."
This modification places a more explicit and potentially more stringent requirement on the Museum Council to balance the representation of diverse political viewpoints and authentic experiences in its exhibits and programs. This could influence content development and curation decisions to ensure a perceived equilibrium of perspectives.
Before
Required the Museum Council to ensure exhibits "accurately and comprehensively represent the varied cultures, histories, events, and values held by women in the United States" and to seek guidance from a "broad array" of sources reflecting "diversity of the political viewpoints and authentic experiences."
After
Modifies the "In general" clause to require the Council to ensure exhibits "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." The "Specific requirements" and "Definitions" remain largely similar in intent, though re-lettered.
The reporting requirement remains, but the internal reference to the specific subsection containing the diversity requirements is updated to align with the new structure of the bill. This ensures the reports correctly address the relevant provisions in v2.
Before
Required the Secretary of the Smithsonian to submit biennial reports on actions taken to comply with the requirements of the amendments made by "subsection (c)" (referring to the diversity requirements).
After
Requires the Secretary to submit biennial reports on actions taken to comply with the requirements of the amendments made by "subsection (f)" (referring to the diversity requirements, which are now in subsection (e) in v2).
Scope
Fundamental restructuring — Changes are concentrated in Section 2, but these changes are fundamental and affect the core aspects of the museum's establishment, mission, and operation. — v2 represents a significant change in policy direction. It shifts from a flexible site selection process to a mandated specific site and introduces a new, restrictive definition of the museum's mission regarding the identity of "women." — The changes interact significantly with the original authorizing legislation for the museum (Consolidated Appropriations Act, 2021), by directly amending and adding new subsections to it, thereby altering its foundational provisions regarding site, purpose, and governance.
Impact analysis
The Smithsonian American Women's History Museum Board of Regents and Council
Narrows discretion, imposes new specific content restrictions, and strengthens a mandate for balanced representation.
Their discretion in selecting a museum site is removed, as v2 designates a specific location. Their mandate for exhibit content is narrowed by the explicit definition of "biological women" and the prohibition against depicting biological males as females. Their responsibility for ensuring diversity of viewpoints is intensified by the addition of "equal representation."
Federal agencies with administrative jurisdiction over the designated South Monument site
Streamlines transfer, removes notification burden, and provides financial compensation.
The process for transferring administrative jurisdiction of the site to the Smithsonian becomes mandatory and direct, removing prior notification steps. They are also now eligible for reimbursement of costs incurred during the site approval process.
Individuals and groups interested in the representation of women's history, particularly those identifying as transgender women
Excludes certain groups from the museum's interpretive scope, narrowing the definition of "women" for the museum's purpose.
The museum's mission is explicitly defined to focus on "biological women," and it is prohibited from depicting "biological males as females."
The Smithsonian Institution
Imposes a new financial obligation.
The institution is now required to reimburse other Federal agencies for costs incurred during the site approval process.