Smithsonian Institution: Selected Legislation, 118th Congress
July 26, 2024
Smithsonian Institution: Selected Legislation, 118th Congress
The Smithsonian Institution is a complex of museum,
H.R. 240 was referred to the Committee on House
education, research, and revenue-generating entities
Administration, and in addition, to the Committee on
primarily located in the Washington, DC, region, with
Education and the Workforce.
additional facilities and activities across the United States
and world. The Smithsonian oversees entities created by
African American History Act
Congress, as well as entities the Smithsonian established
On February 2, 2023, Representative Jamaal Bowman
pursuant to its authorities to accept and dispose of gifts,
introduced H.R. 765. The same day, Senator Cory A.
bequests, or money provided to the Smithsonian or one of
Booker introduced S. 233. Both measures, entitled the
its components.
African American History Act, are identical in language
that would authorize the Smithsonian’s National Museum
For further consideration of Smithsonian activities, see CRS
of African American History and Culture to develop and
Report R44370, Smithsonian Institution: Background,
make available resources to promote the understanding of
Issues for Congress, and Selected Legislation and CRS In
African American history; expand collection acquisition
Focus IF12718, Smithsonian Institution: Background,
and access processes, including conservation and
Entities, and Leadership.
digitization; and develop and maintain on its website
In each Congress, numerous measures that could potentially
content designated for educators, students, and families to
affect Smithsonian operations are typically introduced. This
improve their awareness and understanding of African
In Focus discusses proposed legislation to authorize new
American history.
facilities, relationships, or programming within the
H.R. 765 was referred to the Committee on House
Smithsonian in the 118th Congress (2023-2024) to date. It
Administration. S. 233 was referred to the Committee on
excludes discussion of measures that consider Smithsonian
Rules and Administration.
appropriations; joint resolutions to appoint citizen Regents
(e.g., H.J.Res. 64 or S.J.Res. 28); assignment of a
African Burial Ground International Memorial
congressional gold medal to the Smithsonian for display
Museum and Educational Center Act
and research (e.g., H.R. 1572 or S. 815); general
On March 3, 2023, Representative Daniel S. Goldman
government initiatives that include the Smithsonian in
introduced H.R. 1349, the African Burial Ground
addition to government entities (e.g., H.R. 703, S. 1702,
International Memorial Museum and Educational Center
H.R. 2701 and S. 3293 ); and other proposals.
Act. The bill would establish the African Burial Ground
National Jazz Preservation, Education, and
International Memorial Museum and Educational Center at
Promulgation Act of 2023
the African Burial Ground National Monument in New
York, NY. H.R. 1349 would require the National Park
On January 10, 2023, Representative Sheila Jackson Lee
Service to acquire property for the construction of a
introduced H.R. 240, the National Jazz Preservation,
museum that is located adjacent to the National Monument
Education, and Promulgation Act of 2023. The bill would
or within areas of the National Landmark.
establish national jazz preservation and appreciation
programs, to be carried out by the Smithsonian’s National
The bill would require the museum to “become associated
Museum of American History (NMAH), to preserve
with the National Museum of African American History
knowledge and promote education about jazz, and to further
and Culture [NMAAHC], in a manner to be determined by”
the appreciation of jazz music.
the Secretary of the Interior, in consultation with the
African Burial Ground Advisory Council to be established
The Smithsonian would be required to record interviews
in H.R. 1349, and the Board of Regents of the Smithsonian.
with leading jazz artists; acquire, preserve, interpret, and
The extent of association between the new museum and
share jazz artifacts; continue to recognize Jazz Appreciation
NMAAHC is not further specified in the bill.
Month, which occurs in April; and encourage and engage in
capacity building with community-based and regional
H.R. 1349 was referred to the Committee on Natural
organizations with the potential to establish jazz archival
Resources, which subsequently referred it to the
collections.
Subcommittee on Federal Lands.
H.R. 240 would require the Smithsonian to establish a
LGBTQI+ and Women’s History Education Act of
series of jazz performances at Smithsonian affiliates to
2023
provide broad geographic access to jazz and support public
On June 22, 2023, Representative Becca Balint introduced
appreciation for the diversity of jazz music. The bill would
H.R. 4273, the LGBTQI+ and Women’s History Education
authorize appropriations totaling $3 million for each of
Act of 2023. The bill would direct the Smithsonian’s
FY2022-FY2024.
National Museum of American History (NMAH) to carry
out activities to support LGBTQI+ history and women’s
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Smithsonian Institution: Selected Legislation, 118th Congress
history education programs, including the following:
H.R. 6102 was referred to Committees on Natural
development and national dissemination of accurate,
Resources, House Administration, and the Budget.
relevant, and accessible national resources for classrooms to
administer LGBTQI+ and women’s history education in an
Commission to Study the Potential Transfer of the
inclusive and intersectional approach; the development,
Weitzman National Museum of American Jewish
national dissemination, and implementation of principles of
History to the Smithsonian Institution Act
sound pedagogy for administering LGBTQI+ and women’s
On March 20, 2024, Senator Robert P. Casey, Jr. introduced
history education; the development, operation, and
S. 4001. The same day, Representative Debbie Wasserman
expansion of a teacher fellowship program to cultivate and
Schultz introduced H.R. 7764. Both measures, entitled the
support leaders in LGBTQI+ and women’s history
Commission to Study the Potential Transfer of the
education; and engagement with state and local education
Weitzman National Museum of American Jewish History to
leaders to encourage the adoption of resources supported
the Smithsonian Institution Act, are identical in language
under this bill into curricula across diverse disciplines.
that would establish a commission to consider whether to
transfer the Weitzman National Museum of American
In addition, NMAH would be required to develop and
Jewish History (Weitzman), a private museum in
maintain on its website content designated for educators,
Philadelphia, PA, to the Smithsonian Institution.
students, and families to improve their awareness and
understanding of LGBTQI+ and women’s history
The bills would require the establishment of a commission
education.
of nine members, with two each appointed by the Speaker
of the House, the Majority Leader of the Senate, and the
H.R. 4273 was referred to the Committee on House
Minority Leaders of the House and Senate as voting
Administration.
members, and one nonvoting member appointed by the
Commission to Study the Potential Creation of a
Weitzman Museum board.
National Museum of American LGBTQI+ History
The commission would be required within two years of first
and Culture Act
meeting to submit a report to the President and Congress
On October 26, 2023, Representative Mark Pocan
considering the feasibility of transferring the Weitzman to
introduced H.R. 6102, the Commission to Study the
the Smithsonian. The report would be required to contain a
Potential Creation of a National Museum of American
plan of action regarding collections held by the Weitzman
LGBTQI+ History and Culture Act. The bill would
and the extent to which they might overlap with collections
establish a commission of eight members, with two each
held by the Smithsonian and federal memorials; costs of
appointed by the Speaker of the House, the Majority Leader
potential future acquisitions; governance, financial, human
of the Senate, and the Minority Leaders of the House and
resources, and donor matters, as well as related legal
Senate.
considerations; and costs for the Smithsonian to operate and
maintain a museum outside of Washington, DC.
The commission would be required within 18 months of
first meeting to submit a report to the President and
S. 4001 and H.R. 7764 would require the commission to
Congress containing a plan of action regarding the
develop a fundraising plan addressing the ability to support
feasibility of establishing and maintaining a national
the museum through contributions from the public,
museum of American LGBTQI+ history and culture,
including potential charges for admission, without reliance
including consideration of the potential museum becoming
on appropriated funds. The bills would require
part of the Smithsonian Institution, and the costs of
recommendations regarding a legislative plan for
constructing, operating, and maintaining the proposed
transferring the Weitzman to the Smithsonian, and include
museum.
proposals regarding the timeframe, one-time appropriations
level, and continuing appropriations levels that might be
H.R. 6102 would require the commission to develop a
included; and recommendations for the name of the
fundraising plan addressing the ability to support the
Weitzman if it is transferred to the Smithsonian. The bill
museum through contributions from the public without
would authorize the commission to convene a national
reliance on appropriated funds. The commission would be
conference relating to the Weitzman Museum, to be
required to submit the fundraising plan for independent
comprised of individuals committed to the advancement of
review, and submit the reviewed plan to various House and
Senate committees. Based on the commission’s
the life, art, history, and culture of Jewish Americans.
recommendations, it would be required to submit to the
S. 4001 was referred to the Senate Committee on Rules and
House Committees on House Administration, Natural
Administration. H.R. 7764 was referred to the House
Resources, and Appropriations, and the Senate Committees
Committee on House Administration.
on Rules and Administration, Energy and Natural
Resources, and Appropriations a legislative plan of action
Status of Legislation
on the feasibility of establishing and constructing the
No further action has been taken on any of the measures
potential museum. The bill would authorize the commission
described here as of the date of this report.
to convene a national conference relating to the potential
museum, to be comprised of individuals committed to the
R. Eric Petersen, Specialist in American National
advancement of the life, art, history, and culture of
Government
LGBTQI+ Americans.
IF12719
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Smithsonian Institution: Selected Legislation, 118th Congress
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