S-959-116
Placed on Senate Legislative Calendar under General Orders. Calendar No. 599.
Sponsored by Susan Collins (R-ME)
What it does
This bill would create a new museum dedicated to American women's history within the Smithsonian Institution. The Board of Regents would choose the museum's name and designate a site, with preference given to a location on or near the National Mall in Washington, D.C. A newly created advisory council would make recommendations on the museum's planning, design, and construction.
Who benefits
Visitors to Washington, D.C. who would have access to a new free Smithsonian museum; educators and students seeking resources on women's history; historians, researchers, and archivists focused on women's contributions to American life; women's history organizations whose subject matter would gain a permanent national platform; tourism and hospitality businesses near the National Mall that benefit from increased foot traffic.
Who is hurt
Federal taxpayers who would fund the construction and ongoing operations of a new Smithsonian facility; other Smithsonian museums or federal cultural programs that may face competition for limited congressional appropriations; organizations or groups that advocate for different uses of National Mall space, which is finite and subject to competing demands; potential alternative museum concepts that may be deprioritized in favor of this one.
Supporters argue
Supporters argue that the Smithsonian's existing 19 museums include no institution dedicated solely to the history of American women, who make up more than half the U.S. population. They contend that women's contributions to science, politics, the arts, labor, and social movements have been systematically underrepresented in national cultural institutions, and that a dedicated museum would correct a significant gap in the country's official historical record. Supporters also point to the successful model of the National Museum of African American History and Culture, which opened in 2016 and became one of the most visited museums in the country, demonstrating strong public demand for history museums focused on underrepresented groups. They argue the museum would serve millions of visitors, students, and researchers for generations, making it a sound long-term use of federal cultural funding.
Opponents argue
Opponents argue that creating a new standalone Smithsonian museum requires significant federal spending on construction, staffing, and permanent operations at a time when existing Smithsonian museums already face maintenance backlogs and funding shortfalls. They contend that women's history is already represented across multiple existing Smithsonian institutions — including the National Portrait Gallery, the American History Museum, and others — and that a dedicated building duplicates rather than fills a gap. Some opponents raise concerns about the use of scarce National Mall real estate, arguing that the Mall's limited space should be managed through a comprehensive planning process rather than allocated museum by museum through individual acts of Congress. Others question whether the federal government should be in the business of designating which demographic groups merit their own national museum, arguing this sets a precedent that is difficult to apply consistently.
Constitutional context
This bill operates primarily under Congress's broad spending and property powers (Article I, Section 8; Article IV, Section 3), which give Congress wide authority to fund federal institutions and manage federal property including the National Mall. The Smithsonian Institution itself was established by Congress and is a trust instrumentality of the United States, so legislation directing its activities falls squarely within congressional authority. No significant equal protection or First Amendment tensions are raised by this bill, as it creates an additive public institution rather than restricting rights or classifying individuals. Relevant civil rights cases such as Heart of Atlanta v. US (1964) and SFFA v. Harvard (2023) do not directly apply here, as the bill does not involve public accommodations law or race-conscious admissions. The bill's civil rights category reflects its subject matter — women's history — rather than a legal challenge to its constitutionality.
Checks and balances
Congress would exercise its spending and property powers to direct the executive-branch-adjacent Smithsonian Institution to establish a new museum. The Board of Regents — a body that includes members of Congress, the Vice President, and presidential appointees — would retain authority over site selection and naming. A new advisory council would provide recommendations but would hold no binding authority, preserving the Board's decision-making role. Future appropriations for construction and operations would remain subject to annual congressional approval, keeping the legislative branch's power of the purse intact.
Historical precedent
The National Museum of African American History and Culture Act (2003, opened 2016) established a comparable Smithsonian museum dedicated to a specific demographic group's history and serves as the closest legislative and operational precedent. The National Museum of the American Indian Act (1989) provides an earlier example of the same model.