119-S-2385 DC Insider Procedural Viability Check

Procedural snapshot (as of Dec 11, 2025)

- Party control: Republicans hold both chambers; Thune is Senate Majority Leader, Johnson is Speaker. Filibuster preserved. [1]U.S. Senate — U.S. Senate: Party Division[2]U.S. Senate — U.S. Senate: Complete List of Majority and Minority Leaders[5]Speaker.gov — Home - Speaker of the House Mike Johnson[6]SDPB — Sen. Thune officially Senate Majority Leader as 119th Congress sworn in

• Committee gatekeepers: Senate Energy & Natural Resources (ENR) handles National Parks/DOI matters; its National Parks Subcommittee has jurisdiction over historic sites. ENR is chaired by Sen. Mike Lee; the Parks Subcommittee is chaired by Sen. Steve Daines. [7]Wikipedia — United States Senate Committee on Energy and Natural Resources[8]U.S. Senate ENR — National Parks — U.S. Senate Committee on Energy and Natural…
• Smithsonian levers: The Vice President sits ex officio on the Smithsonian Board of Regents by statute; funding is controlled through the Interior–Environment appropriations bill. [9]Legal Information Institute — 20 U.S.C. § 42 — Board of Regents; members (LII)[10]Smithsonian Institution — Members of the Board of Regents | Smithsonian Institu…[11]Wikipedia — Senate Appropriations Subcommittee on Interior, Environment, and Re…
• Must‑pass vehicles in play: FY26 NDAA is moving; Interior–Environment is unresolved and funded via a CR through Jan 30, 2026. FAA is reauthorized through FY2028 (not a vehicle). [12]Reuters — US House backs massive defense policy bill, Senate next[4]Congress.gov / CRS — Appropriations Status Table: FY2026[13]FAA — FAA Reauthorization | Federal Aviation Administration

What S. 2385 would do

S.2385 seeks to codify Executive Order 14253 (“Restoring Truth and Sanity to American History”) by directing actions at DOI sites and leaning on Smithsonian governance/appropriations to police museum content. [14]The White House — White House Fact Sheet: President Donald J. Trump Restores Tr…[3]Reuters — Democrats call for probe into Trump's executive order on museums

• Tasks Interior to review and, where applicable, reinstate or revise monuments, memorials, and markers; sets an Independence Hall timeline.
• Uses the Vice President’s role on the Smithsonian Board of Regents to pursue policy changes; pushes Congress/OMB toward content‑based conditions on Smithsonian funding. (VP’s Regent role exists in statute.) [9]Legal Information Institute — 20 U.S.C. § 42 — Board of Regents; members (LII)

Rubric rating for S. 2385

Composite viability score: 2/5.

Least‑resistance paths and whip math

What could actually pass, given current constraints.

1. Appropriations riders on Interior–Environment: Limited, targeted “none of the funds may be used…” language aimed at Smithsonian programming has the best odds. Still needs 60‑vote buy‑in to clear a Senate omnibus/mini‑bus, so language must be scoped to survive bipartisan talks. [4]Congress.gov / CRS — Appropriations Status Table: FY2026[11]Wikipedia — Senate Appropriations Subcommittee on Interior, Environment, and Re…
2. Conference‑era horse‑trading on DOI report language: Non‑binding explanatory statements can steer DOI narrative framing on monuments without statutory mandates—more likely to survive than hard bans.
3. Stand‑alone passage: Improbable under the filibuster with visible Democratic opposition to EO 14253. Even with a party‑line committee report, the floor lacks 60. [6]SDPB — Sen. Thune officially Senate Majority Leader as 119th Congress sworn in[3]Reuters — Democrats call for probe into Trump's executive order on museums
4. Non‑legislative execution: The Administration can keep leaning on the VP’s Regent seat and on executive/OMB levers to influence Smithsonian governance pending appropriations outcomes. [9]Legal Information Institute — 20 U.S.C. § 42 — Board of Regents; members (LII)

Committee dynamics and leadership leverage

Where pressure matters.

• ENR/Parks: Friendly venue for DOI/monuments provisions; hearings can build a record but don’t fix the 60‑vote problem on the floor. [7]Wikipedia — United States Senate Committee on Energy and Natural Resources[8]U.S. Senate ENR — National Parks — U.S. Senate Committee on Energy and Natural…
• Rules & Administration: Jurisdictional claim over Smithsonian oversight; adds a second Senate choke point for any codification language that reaches that committee. [15]Web search · turn 4 #15
• Appropriations–Interior: Real battlefield for any Smithsonian‑related riders; negotiators will pare back prescriptive content to secure a 60‑vote package. [11]Wikipedia — Senate Appropriations Subcommittee on Interior, Environment, and Re…[4]Congress.gov / CRS — Appropriations Status Table: FY2026
• Leadership posture: Thune’s caucus has defended the filibuster; expect leadership to prioritize NDAA and the next funding tranche ahead of culture‑policy showdowns. [6]SDPB — Sen. Thune officially Senate Majority Leader as 119th Congress sworn in[12]Reuters — US House backs massive defense policy bill, Senate next

Risks and X‑factors

Bottom line

- Stand‑alone codification: not viable this session. - Narrow appropriations riders on Interior–Environment: plausible but must be tightly drafted to clear a 60‑vote omnibus/mini‑bus in late January. - Expect the Administration to rely on Regents/OMB pressure while testing what rider language can survive negotiations. [4]Congress.gov / CRS — Appropriations Status Table: FY2026[9]Legal Information Institute — 20 U.S.C. § 42 — Board of Regents; members (LII)