Smithsonian Institution: Background, Issues
for Congress, and Selected Legislation
Updated July 30, 2020
Congressional Research Service
https://crsreports.congress.gov
R44370

Smithsonian Institution: Background, Issues for Congress, and Selected Legislation

Summary
The Smithsonian Institution (SI) is a complex of museum, education, research, and revenue-
generating entities primarily located in the Washington, DC, region, with additional facilities and
activities across the United States and world. It reportedly employs in 2020 approximately 6,400
staff, supplemented by approximately 6,900 volunteers who work onsite at various SI facilities,
and a number of digital volunteers who support Smithsonian activities online. In FY2019, the
Smithsonian’s museums and zoo, which are open to the public largely without admission fees,
were visited 23.3 mil ion times, while its websites were accessed 154 mil ion times.
Congress created SI in 1846, after it agreed to accept the bequest of James Smithson, an English
scientist who left the bulk of his estate to the United States of America to found at Washington an
establishment bearing his name. Governmental but organizational y separate and distinct from the
legislative, executive, or judicial branches of the U.S. government, SI is overseen by a Board of
Regents (Regents), composed of the Chief Justice, Vice President, Members of the House and
Senate, and private citizens. The Regents are authorized by Congress to carry out a number of
activities, and oversee certain SI entities established or authorized by Congress. Congress
provides to SI an annual appropriation—in FY2020, this was approximately $1.047 bil ion—and
provides oversight of SI activities. In addition to carrying out authorities granted by Congress, it
appears that SI acts pursuant to its role as trustee of the Smithson and other bequests and gifts to
create additional entities to further SI missions.
This report provides an overview of SI organization and leadership roles, and entities created by
Congress as wel as those created by SI. It also provides analysis and background information on
consideration of the development of new SI museums, a proposed collaboration between the
Smithsonian and the Victoria and Albert Museum in London, and selected Smithsonian related
legislation introduced in the 116th Congress (2019-2020).

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Smithsonian Institution: Background, Issues for Congress, and Selected Legislation

Introduction and Background
By statute, “the President, the Vice President, the Chief Justice, and the heads of executive
departments are constituted an establishment by the name of the Smithsonian Institution for the
increase and diffusion of knowledge among men.”1 Congress created the Smithsonian Institution
(SI) in 1846, 10 years after it agreed to accept the bequest of James Smithson, an English scientist
who lived much of his life in continental Europe. Smithson, who died in 1829, left the bulk of his
estate to the United States of America to found at Washington the establishment that bears his
name.2 Today, SI is a complex of museum, education, research, and revenue-generating entities
primarily located in the Washington, DC, region, with additional facilities and activities across
the United States and world that reportedly employs in 2020 approximately 6,400 staff,3
supplemented by approximately 6,900 volunteers who work onsite at various SI Facilities, and a
number of digital volunteers who support SI activities online.4 In FY2019, SI’s museums and
zoo, which are open to the public largely without admission fees,5 were visited 23.3 mil ion
times,6 while its websites were accessed 154 mil ion times.7
As a government “establishment” (as applied to SI, the term appears to originate from Smithson’s
wil ) or “trust instrumentality of the United States” (the term sometimes used by SI8 or
government entities attempting to characterize its functions),9 the Smithsonian occupies a unique
position. Governmental, but organizational y separate and distinct from the legislative, executive,
or judicial branches of the national government, SI is overseen by a board composed of
representatives of each branch. SI oversees a number of entities created by Congress, as wel as a
number of entities SI established pursuant to its authorities to accept and dispose of gifts,
bequests, or money provided to SI or one of its components; seek grants; and raise funds. In
addition to any explicit statutory authority that may exist, any of the current activities of SI
arguably might support “the increase and diffusion of knowledge,” as stated in law and the
Smithson bequest. In some instances, it appears that with one exception,10 these entities are
funded from trust resources, appropriated funds, or both.

1 9 Stat. 102, codified as amended at 20 U.S.C. §41. In current practice, SI typically identifies its mission as “ the
increase and diffusion of knowledge,” at http://www.si.edu/About/Mission.
2 A detailed history of the Smithson bequest and congressional deliberation regarding its acceptance, as well as creation
of SI, can be found in Paul H. Oehser, The Sm ithsonian Institution, 2nd ed. (Boulder, CO: Westview Press, 1983), pp. 1 -
17; and Smithsonian Institution Archives, “ General History,” at http://siarchives.si.edu/history/general-history.
3 “People and Operations,” at https://www.si.edu/dashboard/people-operations#employees.
4 “People and Operations,” at https://www.si.edu/dashboard/people-operations#volunteers. SI’s volunteer website notes
a spike in the number of online volunteers since the beginning of the COVID-19 pandemic.
5 One SI museum, Cooper Hewitt, Smithsonian Design Museum in New York, charges an admission fee. In the
Washington, DC, area-based SI museums and the National Zoo, no admission is charged, but some special exhibits or
other components of a museum’s experience may require a fee.
6 “Public Engagement,” at https://www.si.edu/dashboard/public-engagement.
7 “Virtual Smithsonian,” at https://www.si.edu/dashboard/virtual-smithsonian. SI does not characterize how its data are
collected, or whether they represent estimated or actual visits to SI museums and websites.
8 See “Legal History,” at http://siarchives.si.edu/history/legal-history; and “Frequently Asked Questions,” at
http://www.si.edu/OHR/faq.
9 See U.S. Congress, Senate Joint Committee on Printing, Official Congressional Directory, 113th Congress, 113th
Cong., 1st sess., 2013, S.Pub. 113-12 (Washington: GPO, 2013), p. 835; and Robert I. Cusick, The Kennedy Center for
the Perform ing Arts, United States Office of Government Ethics, DO-09-030, November 10, 2009.
10 Smithsonian Enterprises (SE) was reportedly formed in 1999 by the Regents to consolidate and bring professional
management to SI commercial activities. SE reportedly works with SI museum directors, the SI Secretary and others
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SI receives an annual appropriation—in FY2020, this was approximately $1.047 bil ion11—but
executes no direct government program or policy beyond the regulation of its buildings and
property of the United States that have been assigned to it. Since FY2001, appropriations have
comprised approximately 66% of SI’s annual expenditures from year to year;12 some museums’
activities are funded by a greater proportion of appropriated funds.13 Some of these expenditures
include the employment of staff who are considered federal employees. At the same time, SI has
separate funding streams from proceeds received through grants, gifts, bequests, commercial
revenue-generating activities, and investments, which SI refers to as “trust funds.” Those
resources build and maintain its collections or fund its activities, including employment of
nonfederal, “trust employees.” In its most recent budget request for FY2021, SI reported that an
estimated $401.7 mil ion in trust funds was available for operational expenses in FY2020.14 In
addition to annual budget submissions to Congress, SI files an accounting of resources as a tax-
exempt educational organization under Section 501(c)(3) of the Internal Revenue Code.
SI is overseen by a Board of Regents (Regents), who are authorized by Congress to carry out a
number of activities and oversee certain entities authorized by Congress. In addition to carrying
out those authorities, it appears that SI acts pursuant to its role as trustee of the Smithson and
other bequests and gifts to create additional entities to further SI missions. Table 1 provides a
summary of entities established pursuant to the authority granted by Congress and that of SI.
Table 1. Smithsonian Institution Entities
Established by Congress
Established by SI
National Gal ery of Art
20 U.S.C. §74
Anacostia Community Museum
National Portrait Gal ery
20 U.S.C. §75b
Archives of American Art
Smithsonian Gal ery of Art
20 U.S.C. §76b
Arthur M. Sackler Gal ery
John F. Kennedy Center for the Performing
20 U.S.C. §76h
Cooper Hewitt Smithsonian Design Museum
Arts
Joseph H. Hirshhorn Museum and Sculpture
20 U.S.C. §76aa
Freer Gal ery of Art
Garden
Smithsonian Tropical Research Institutea
20 U.S.C. §79b
Smithsonian Environmental Research Center
National Air and Space Museum
20 U.S.C. §77a
Smithsonian Astrophysical Observatory
National Armed Forces Museum Advisory
20 U.S.C. §80
Smithsonian Conservation Biology Institute
Board

“to deliver profitable products and services that further the Smithsonian’s mission.” Retail, media, consumer products,
corporate shared services, and human resources are identified as functions of SE in the SI organization chart. It appears
that SE receives no appropriated funding. See “Smithsonian Enterprises,” at https://www.linkedin.com/company/
smithsonian-enterprises.
11 T his excludes specific appropriations to SI entities with budget authority separate from SI in FY2020, including
approximately $168.4 million for operation of the National Gallery of Art; $41.3 million for the John F. Kennedy
Center for the Performing Arts; and $12 million for the Woodrow Wilson International Center for Scholars.
12 Between FY2001 and FY2020, appropriations accounted for 65.51% of SI’s operational funding, according to SI
budget requests for those years. In the past five years, FY2016-FY2020, appropriations accounted for 67.97% of
operational funding.
13 For example, according to SI budget requests for various years, since FY1989, 87.1% of the National Museum of the
American Indian’s (NMAI) operational expenses have come from appropriated funds. Since FY2005, 84.2% of the
National Museum of African American History and Culture (NMAAHC) have come from appropriated funds.
14 SI FY2021 budget request, at https://www.si.edu/sites/default/files/about/fy2021-budgetrequestcongress.pdf, p. 271.
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Established by Congress
Established by SI
Woodrow Wilson International Center for
20 U.S.C. §80f
Smithsonian Marine Station at Fort Pierce
Scholars
Commission for Museum of African Art
20 U.S.C. §80n
Museum Conservation Institute
National Museum of the American Indian
20 U.S.C. §80q
Smithsonian Asian Pacific American Center
National Museum of African American History
20 U.S.C. §80r
Smithsonian Center for Folklife and Cultural
and Culture Council
Heritage
National Zoological Park
20 U.S.C. §81
Smithsonian Latino Center

Smithsonian Enterprises
Source: United States Code, Smithsonian Institution.
a. SI was authorized by Congress to oversee the forerunner of the Smithsonian Tropical Research Institute,
Barro Colorado Island, Panama in 1946. SI had participated on its own initiative in research consortia and
activity in the area as early as 1910. “Smithsonian Tropical Research Institute,” at http://siarchives.si.edu/
history/smithsonian-tropical-research-institute.
SI Leadership
The activities of SI are overseen by the Regents of the Smithsonian Institution.15 Day-to-day
operations of SI and some related entities are overseen by the Secretary and staff. Some
individual SI entities also have boards of overseers as wel as independent professional leadership
and staff. With some exceptions,16 the Regents have broad authority to oversee and amend their
activities.
Board of Regents
The Regents are composed of the Vice President, Chief Justice of the United States, three
Members of the Senate, three Members of the House of Representatives, and nine other citizen
Regents, other than Members of Congress. Two citizen Regents must reside in the city of
Washington, DC. The remaining seven must reside in a state, and no more than one citizen
Regent may come from any state.
Although under the law any Regent may be elected as chancel or, the group is traditional y led by
the Chief Justice, who serves as chancel or, or presiding officer. The law also specifies the
election of a three-Regent executive committee.17 In practice, two citizen Regents serve as chair
and vice-chair of the board and, along with a third citizen Regent, comprise the executive
committee.18

15 20 U.S.C. §42. As an entity, the Regents of the Smithsonian Institution are identified in statute in that manner only in
20 U.S.C. §46. In most other statutory language, it is identified as the “Board of Regents,” or “Board.” T hroughout this
report, it is referred to as the “Regents.”
16 T he Regents may modify membership of leadership entities within SI, except for the following: the Board of
Regents, National Gallery of Art (NGA), John F. Kennedy Center for the Performing Arts (Kennedy Center), and
Woodrow Wilson International Center for Scholars (WWICS), 20 U.S.C. §42. It appears that while identified as SI
entities, NGA, the Kennedy Center, and WWICS operate pursuant to their statutory authorities in a manner seemingly
independent of SI.
17 20 U.S.C. §44.
18 A list of the Regents is available at https://www.si.edu/regents/members.
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Regents who are Senators are appointed by the Vice President for the duration of their current
term of office. Regents who are Members of the House of Representatives are appointed by the
Speaker for a term of two years. Congressional appointments are renewable. Citizen Regents are
appointed to six-year terms by joint resolution of Congress.19
Secretary
The Secretary of the Smithsonian Institution is appointed by the Regents and is responsible for SI
buildings and property, and keeping a record of the proceedings of the Regents. The Secretary is
also the librarian and the keeper of museums, and is authorized to employ staff to assist with
these duties.20 Lonnie G. Bunch III began service as the 14th Secretary of the Smithsonian in June
2019.21
In modern practice, the Secretary oversees a complex organization currently organized into four
broad areas including the following:
 Administration,
 Education,
 Museums and Culture, and
 Science and Research.22
Smithsonian Issues
The operations of the Smithsonian may be of interest to Congress from a number of perspectives.
Some current and potential activities are subject to legislative consideration, including whether to
authorize the creation of a museum and related administrative arrangements in SI or elsewhere;
whether to authorize a commission to study the arguments for and against the creation of a new
museum and to identify potential resources to support its development; or how to determine the
level of appropriations and nonfederal funds necessary to support these efforts. Other concerns
may be subject to ongoing congressional oversight.
New Museum Development
Legislation to create or consider the potential creation of three new Smithsonian museums is
pending in the 116th Congress (2019-2020). These include proposals to create a national women’s
history museum, a national museum of the American Latino, and a commission to consider the
creation of an Asian Pacific American history and culture museum. Details of these proposals are
provided below in “Selected Legislation, 116th Congress (2019-2020).”
The questions that Congress might consider regarding museum development range from broad
considerations to practical, detailed operational concerns. Some are likely to apply to any
museum project, whereas others might be specific to a particular proposal or the context of
Smithsonian operations. The nature of the questions is that some lend themselves to exploration
of how Congress might consider museum development efforts as representations of specific

19 20 U.S.C. §43.
20 20 U.S.C. §46.
21 “Lonnie G. Bunch III, Secretary of the Smithsonian Institution,” at https://www.si.edu/about/bios/lonnie-g-bunch-iii.
22 Based on SI’s organizational chart published in its FY2021 budget request, at https://www.si.edu/sites/default/files/
about/fy2021-budgetrequestcongress.pdf, p. 269.
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social, cultural, or policy ideals and aspirations, while others might necessitate consideration of
readily available data and other information to address technical, practical, institutional, or policy
concerns. As with many of the questions Congress considers, the topics do not lend themselves to
neat, mutual y exclusive categorization. With regard to museum development and Smithsonian
operations, questions Congress could consider might include concerns in the following areas:
 broad considerations,
 the role and availability of private entities to support museum proposals and
development,
 the Smithsonian’s capacity to address new and ongoing institutional chal enges,
and
 potential costs of new museums.
Broad Considerations
Whether posed explicitly or implicitly, any proposal for a new museum arguably must provide
answers in two areas of broad, general inquiry. The first provides an opportunity to consider why
a new museum might be created. A number of groups and individuals with interests in creating
new museums have provided input in this area.23 The second addresses matters Congress might
consider in an effort to inform its deliberative, legislative, and oversight efforts:
 What is the nature of museums in the contemporary context?
 To what extent, if any, are current museum proposals similar or different from
Smithsonian museums established in the 19th and early 20th centuries?
 What are the potential policy, fiscal, and physical consequences of modern
museum design, subject matter, and exhibition?
 What is the role of future and current museums, in the Smithsonian or elsewhere,
in addressing and advancing American stories and accomplishments from
multiple perspectives, including those that have arguably been less wel
represented in the past?
 Are current efforts of the Smithsonian to address those concerns within existing
institutional arrangements sufficient or insufficient from the perspective of
Congress, the Smithsonian, stakeholders, and others?24
 How might new museums address shortfal s in representing the diversity of
American voices and perspectives?
 How might Congress guide and oversee these efforts?

23 See, for example, National Women’s History Museum, https://womenshistory.org; Friends of the American Latino
Museum, https://americanlatinomuseum.org/; T he Irish American Museum of Washington, DC,
http://www.irishamericanmuseumdc.org/; Sarah Cascone, “ ‘It Is T ime for Our Struggles to Be Recognized’:
Lawmakers Push for a National Museum of Asian Pacific American History and Culture,” August 7, 2019,
https://news.artnet.com/art-world/national-asian-american-museum-proposal-1618897.
24 See Smithsonian Latino Center, “T he Molina Family Latino Gallery,” at https://latino.si.edu/latino-center;
Smithsonian Asian Pacific American Center, “ A museum without walls,” at https://smithsonianapa.org/; and
Smithsonian American Women’s History Initiative, “ Because of Her Story,” at https://womenshistory.si.edu/.
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Role and Availability of Private Entities
Based on the development of the most recent Smithsonian museums, the National Museum of
African American History and Culture (NMAAHC) and the National Museum of the American
Indian (NMAI), initial proposals for museums typical y grow from the initial and sustained
efforts of private individuals or groups. For example, in 1896, George Gustav Heye, a private
collector, began collecting Native American items. In 1916, he founded a museum of the
American Indian in New York to house his collections.25 The remaining elements of the Heye
collection are retained by the Smithsonian and displayed in part at NMAI’s Washington, DC,
museum and the George Gustav Heye Center of the National Museum of the American Indian in
New York.26 In 1915, African American Civil War veterans began efforts to memorialize on the
National Mal the military contributions of African Americans. A national memorial association
convened to create a permanent memorial and construct a building depicting African American
contributions in al walks of life.27 While that goal was not realized, the efforts and stories of the
group were eventual y included in NMAAHC.
Based on the development of these museums, and current proposals for American Latino and
women’s museums, it would appear that a series of events in museum development frequently
occurs, including many or al of the following steps:
 initial, nonlegislative efforts raising the idea of a museum,28
 initial legislative proposals for a museum study commission,
 enactment of legislation to create a commission or commissions,
 initial legislative proposals to create a museum,
 enactment of legislation to create a museum,
 site consultation,
 site selection,
 museum building planning, design, and construction funding,
 groundbreaking, and
 museum opening.
Substantial periods of time can elapse between events; from the time George Heye began his
collection until NMAI opened its doors, 108 years had passed. Similarly, NMAAHC opened 101
years after the first efforts of the African American Civil War veterans to establish and build a
monument or museum. In both cases, consideration of new museums restarted only when
engaged, wel -organized private citizens and entities expressed sustained interest and concern to

25 “George Gustav Heye Starts Indian Collection,” Smithsonian Archives, https://siris-sihistory.si.edu/ipac20/ipac.jsp?
session=15I98U121B484.945&profile=sicall&source=
~!sichronology&view=subscriptionsummary&uri=full=3100001~!2202~!1&ri=1&aspect=Keyword&menu=search&ip
p=20&spp=20&staffonly=&term=National+Museum+of+the+Am erican+Indian&index=.SW&uindex=&aspect=Keyw
ord&menu=search&ri=1&limitbox_1=LO01+=+sch.
26 Congress authorized three facilities for NMAI: a museum on the National Mall in Washington, DC; a space in the
Old United States Custom House at One Bowling Green, New York, NY, to house the George Gustav Heye Center of
the National Museum of the American Indian ; and a museum support facility in Suitland, MD, to conserve and store
NMAI collections.
27 Lonnie G. Bunch III, A Fool's Errand: Creating the National Museum of African American History and Culture in
the Age of Bush, Obam a, and Trum p (Washington, DC: Smithsonian Books, 2019), p. 5.
28 Including the establishment of a private American Indian museum in the case of NMAI.
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public officials. With that in mind, Congress might consider the following questions regarding
private entities and their efforts to support the development of a new museum:
 What is the commitment and capacity of advocates for various museums to work
independently and effectively in support of museum establishment?
 How might those groups successfully partner with the Smithsonian?
 How robust are private museum entities’ plans to raise funds, awareness, and
provide other support through various periods of the museum development
process, and to what extent can those entities engage over a potential y extended
period of time?
 What might Congress do to assess the viability of private proposals and their
proponents?
A timeline showing when NMAI, NMAAHC, the proposed women’s and Latino American
museums and proposed Asian Pacific museum commission completed various steps in the process
of museum development is provided in Table 2. The historical account of the development of
existing museums is not intended to be predictive of the timing of the development of any future
museums.
Table 2. Time Between Selected Events in the Development of Smithsonian
Institution Museums and Proposed Museums
Women’s
Latino
Asian Pacific
Entity, Event
NMAI
NMAAHC
Museum
Museum
Commission

Years
Years
Years
Years
Years
Year Total Year Total Year Total Year Total Year Total

First Nonlegislative
1896
1915
1995
1994
1997
Efforts

Private Museum
1916 20
N/A
N/A
N/A
N/A

Legislative Proposals,
N/A
1916 1
1998
3
2003
9
2015
19
Commission

Enacted Study/Commission
N/A
1929 14
2014
19
2008
14
N/A

Second Commission
N/A
2001 86
N/A
N/A
N/A
Enacted

Commission Report
N/A
2003 88
2016
21
2011
17
N/A
Issued
Legislative Proposals,
1911 15
1916 1
2003
8
2011
17
2015
19
Museum Creation

Enacted Museum
1989 93
2003 88
N/A
N/A
N/A
Creation

Site Selection
1989 93
2004 89
N/A
N/A
N/A

Groundbreaking
1999 103
2012 97
N/A
N/A
N/A
Opening
2004 108
2016 101
N/A Pending,
N/A Pending,
N/A Pending,
25
26
23
Sources: NMAI: P.L. 101-185; H.R. 16313, S. 3953, 62nd Congress; National Museum of the American Indian,
https://siarchives.si.edu/history/national-museum-american-indian; and “George Gustav Heye Starts Indian

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Col ection,” Smithsonian Archives, https://siris-
sihistory.si.edu/ipac20/ipac.jsp?session=15I98U121B484.945&profile=sical &source=~!sichronology&view=subscri
ptionsummary&uri=ful =3100001~!2202~!1&ri=1&aspect=Keyword&menu=search&ipp=20&spp=20&staffonly=&
term=National+Museum+of+the+American+Indian&index=.SW&uindex=&aspect=Keyword&menu=search&ri=1
&limitbox_1=LO01+=+sch. No legislation proposing the creation of a commission to consider creation of NMAI
was introduced.
NMAAHC: P.L. 107-106; P.L. 108-184; Pub. Res. No. 107, March 4, 1929; H.R. 18721, 64th Congress; National
Museum of African American History and Culture: Plan For Action Presidential Commission, The Time Has Come:
Report to the President and to the Congress, Washington, DC, April 2, 2003, p. 1; and Lonnie G. Bunch III, A Fool's
Errand: Creating the National Museum of African American History and Culture in the Age of Bush, Obama, and Trump
(Washington, DC: Smithsonian Books, 2019). Legislation to create a commission to consider and build an African
American museum was passed by Congress in 1929. That effort did not result in the creation of a museum.
Legislation establishing a study commission was passed in 2001.
Proposed women’s museum: P.L. 113-291; H.R. 4722, 105th Congress; S. 1741, 108th Congress; H.R. 1980, 116th
Congress; Commission to Study the Potential Creation of a National Women’s History Museum, The American
Museum of Women’s History: Congressional Commission Report to the President of the United States and Congress,
Washington, DC, November 16, 2016, p. 8, amwh.us/report/wp-
content/uploads/2016/11/AWMH_11_07_16_Digital.pdf; and Karen Staser, “From the Crypt to the Capitol
Rotunda: The Creation of NWHM, National Women's History Museum,” Washington, DC,
https://www.womenshistory.org/crypt-capitol-rotunda.
Proposed Latino museum: P.L. 110-229; H.R. 3292, 108th Congress; H.R. 3459, 112th Congress; H.R. 2420, 116th
Congress; Friends of the National Museum of the American Latino website, https://americanlatinomuseum.org/
presente/; Smithsonian Institution Task Force on Latino Issues, Wil ful Neglect: The Smithsonian Institution and U.S.
Latinos, Washington, DC, May 1994, p. 2, https://www.google.com/url?sa=t&rct=j&q=&esrc=s&sou rce=web&cd=
&cad=rja&uact=8&ved=2ahUKEwjQ9e6LoYzqAhXomXIEHes1COkQFjAAegQIBhAB&url=
https%3A%2F%2Fsiarchives.si.edu%2Fsites%2Fdefault%2Ffiles%2Fforum-
pdfs%2FWil ful_Neglect_The_Smithsonian_Institution%2520and_US_Latinos.pdf&usg=
AOvVaw1K3giGvaY2sNebXtW9beU6.
Proposed Asian Pacific museum commission: H.R. 4307, H.R. 4308, 114th Congress; H.R. 4132, 116th Congress;
Smithsonian Institution, “Smithsonian Asian Pacific American Center,” media fact sheet, January 1, 2018, at
https://www.si.edu/newsdesk/factsheets/smithsonian-asian-pacific-american-center.
Smithsonian Capacity Questions
Consideration of the establishment of new Smithsonian museums necessarily raises questions
about capacity; some elements of capacity might focus on a number of Smithsonian operational
and physical plant issues, from several perspectives. These include matters surrounding
Smithsonian engagement of new museum development in the context of competing priorities, the
chal enges of museum siting, and meeting the short and long-term costs associated with new
museums.
In the past three years, Smithsonian leaders have at times taken an arguably discouraging
approach to the creation of new museums. Citing the need to address “crucial maintenance and
revitalization of existing facilities,” in 2017 testimony before the Committee on House
Administration, former SI Secretary David J. Skorton arguably focused Smithsonian priorities
away from consideration of the creation of new SI museums.29 More recently, Dr. Skorton’s
successor, Dr. Bunch, in 2019 testimony before the Senate Committee on Rules and
Administration, emphasized the need to continue reducing a substantial backlog of maintenance
issues in SI facilities, and stated that “a new museum would need funds for both the creation and

29 Statement of Dr. David J. Skorton, Secretary of the Smithsonian Institution, “The Smithsonian Institution’s
Priorities,” before the Committee on House Administration, U.S. House of Representatives, March 28, 2017, at
https://docs.house.gov/Committee/Calendar/ByEvent.aspx?EventID=105769. T he Committee on House Administration
has legislative jurisdiction over most Smithsonian operations and activities.
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long-term operations of the facilities, the care and preservation of our collections, and the on-
going success of the museum.”30 In testimony before the Committee on House Administration in
2020, Dr. Bunch who served as founding director of NMAAHC before being chosen as Secretary,
stated:
Any new museum must meet the expectations the public has for a natio nal museum. This
means an appropriate size, programming, and collections. We must contemplate the needs
of housing staff and collections for a museum and determine if those needs can be met on
site. There must also be a suitable location for a new museum. These buildings are powerful
symbols of how we, as a nation, value the contributions of the people they represent.31
The potential need for the Smithsonian to oversee the development of as many as three new
national museums could necessitate congressional assessment of a new museum’s fundraising
efforts, siting, design, construction, operational plans or costs, and the potential implications
those actions might have on ongoing SI operations and facilities. Of broader potential oversight
concern is the extent to which the Smithsonian Institution has the capacity to integrate new
museums into its portfolio, and consideration of the Smithsonian’s capacity and commitment to
new museums considered in the context of its other, ongoing organizational commitments.
In light of these concerns, Congress might consider the following questions:
 What is the Smithsonian’s position on new museums? How might that position
evolve in light of SI leadership priorities, competing demands on staff and
resources, or congressional direction?
 What is the capacity of SI to balance the following:
 The long-term maintenance backlog across the Smithsonian’s facilities?32
 The development and funding of its new headquarters building?33

30 Written Statement of Lonnie G. Bunch III, Secretary of the Smithsonian Institution before the U.S. Senate
Committee on Rules and Administration, November 14, 2019, at https://www.rules.senate.gov/download/mr-lonnie-
bunch-testimony. T he Senate Committee on Rules and Administration has legislative jurisdiction over most
Smithsonian operations and activities.
31 Written Statement of Lonnie G. Bunch III, Secretary of the Smithsonian Institution , “Oversight of the Smithsonian
Institution: Opportunities for Growth by Honoring Latino Americans and Asian Pacific Americans,” before the
Committee on House Administration, U.S. House of Representatives, February 5, 2020, at http://docs.house.gov/
meetings/HA/HA00/20200205/110437/HHRG-116-HA00-Wstate-BunchL-20200205-U1.pdf.
32 Written Statement of Lonnie G. Bunch III, Secretary of the Smithsonian Institution, “Review of Smithsonian
Institution Current Facilities and Future Space Needs,” Subcommittee on Economic Development, Public Buildings,
and Emergency Management, Committee on T ransportation and Infrastructure, U.S. House of Representatives,
November 13, 2019, at https://transportation.house.gov/download/bunch-testimony; and Smithsonian Institution, Office
of Inspector General, Deferred Maintenance: The Sm ithsonian Generally Followed Leading Managem ent Pract ices,
but Reducing Its Backlog Rem ains a Challenge, Report Number OIG-A-16-06, Washington, DC, March 30, 2016,
https://www.si.edu/Content/OIG/Audits/2016/OIG_A_16_06.pdf. T he House Committee on T ransportation and
Infrastructure has legislative jurisdiction over “ the facilities of the Smithsonian Institution, including all new and
proposed facilities; [and] facilities of the John F. Kennedy Center for the Performing Arts,” at
https://transportation.house.gov/subcommittees/economic-development-public-buildings-and-emergency-management -
116th-congress.
33 John Banister, “Smithsonian T o Acquire Southwest D.C. Building For New Headquarters,” Bisnow, June 12, 2019,
https://www.bisnow.com/washington-dc/news/office/smithsonian-to-acquire-southwest -dc-building-for-new-
headquarters-99402; and Daniel J. Sernovitz, “ Smithsonian reveals more details on new headquarters,” Washington
Business Journal, November 14, 2019, https://www.bizjournals.com/washington/news/2019/11/14/smithsonian-
reveals-more-details-on-new.html.
In report language accompanying FY2020 appropriations for SI, the House Committee on Appropriations stated that
H.R. 3052, as reported to the House, did “ not include bill language proposed in the budget request to allow the
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 Collection storage, digitization and protection?34
 The development of new collections storage facilities?35
 The vitality and currency of existing museums and exhibits as SI might also
address the chal enges of establishing new museums?
 How might new museums affect current arrangements between and among
existing museums?
 How might the Smithsonian identify senior leaders to oversee the development of
new museums if they are created?
 What plans might Congress want SI to consider to ensure that established and
newer museums avoid competing for collections, exhibits, staff, or other
resources?
Museum Location36
Many groups interested in establishing a new Smithsonian or other museum typical y desire a
location on or near the National Mal ,37 but placing museums or memorials within that space is
restricted by available land, laws, and existing land-use planning and policies. Pursuant to a
number of authorities granted by Congress, various federal agencies, including the National
Capital Planning Commission (NCPC), U.S. Commission on Fine Arts (CFA), National Park
Service (NPS), and General Services Administration (GSA), have worked to create a
comprehensive framework for the management, development, and preservation of the National
Mal and other areas of the District of Columbia under federal control, as wel as related approval
processes, including for siting museums.38 Some decisions on where to site future Smithsonian

Smithsonian Institution to expend Federal funds appropriated for lease or rent payments as payments to the
Smithsonian Institution general trust funds (non-federal funding account) that can be used for expenses associated with
the purchase of a building by the non-federal Smithsonian Institution T rust.” See U.S. Congress, House Committee on
Appropriations, Departm ent of the Interior, Environm ent, and Related Agencies Appropriations Bill, 2020 , report to
accompany H.R. 3052, 116th Cong., 1st sess., June 3, 2019, p. 125, at https://www.congress.gov/116/crpt/hrpt100/
CRPT -116hrpt100.pdf.
In the Senate, the Committee on Appropriations included language to authorize SI’s acquisition of a new headquarters
building “with the understanding that no Federal funds will be used to purchase, retrofit, or renovate the building.” See
U.S. Congress, Senate Committee on Appropriations, Departm ent of the Interior, Environm ent, and Related Agencies
Appropriations Bill, 2020, report to accompany S. 2580, 116th Cong., September 26, 2019, p. 124, at
https://www.congress.gov/116/crpt/srpt123/CRPT-116srpt123.pdf.
34 T estimony of Cathy L. Helm, Inspector General, Smithsonian Institution, Before T he United States House Of
Representatives Committee On House Administration, September 18, 2019, at
docs.house.gov/meetings/HA/HA00/20190918/109929/HHRG-116-HA00-Wstate-HelmC-20190918-U1.pdf; and
Smithsonian Institution, Office of Inspector General, Collections Managem ent: Progress Made with Initiatives to
Im prove Inadequate Storage and Undertake Digitization, but Key Challenges Rem ain, Report Number A-13-11,
Washington, DC, September 14, 2015, https://www.si.edu/Content/OIG/Audits/2015/A-13-11.pdf.
35 Smithsonian Institution, Securing the Future for Smithsonian Collections, Smithsonian Collections Space Framework
Plan, February 2015, https://www.si.edu/Content/Pdf/About/2015-Collections-Space-Framework-Plan.pdf.
36 Jacob Straus, Specialist on the Congress at CRS, is a co-author of this section, and is available for discussion of
museum and commemorative works siting matters.
37 See, for example, Friends of the American Latino Museum, https://americanlatinomuseum.org/; Mikaela Lefrak,
“T he Smithsonian Might Build A Women’s History Museum On T he Mall,” dcist, February 12, 2020,
https://dcist.com/story/20/02/12/the-smithsonian-might-build-a-womens-history-museum-on-the-mall/; and Associated
Press, “Asian Americans push for Smithsonian gallery of their own,” NBC News, May 20, 2019,
https://www.nbcnews.com/news/asian-america/asian-americans-push-smithsonian-gallery-their-own-n1007741.
38 Agencies with planning and approval authority for museums in Washington, DC, depending on location, ownership
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museums may be guided in part by these plans and processes.39 On the other hand, recently
authorized SI museums have either been exempted from some planning requirements,40 or were
located on land outside the jurisdiction of some planning entities.41
When establishing the sites for the NMAI mal museum and NMAAHC, Congress took different
approaches. For NMAI, Congress designated a specific site that was previously set aside for a
future Smithsonian project.42 For NMAAHC, Congress authorized a commission to study
potential site locations (among other items) and to report back on potential locations.43 Following
the commission’s report, the authorizing legislation provided the Regents with four site locations
from which to choose.44 For potential Smithsonian museums, either approach might be used. In
two recent cases, Congress has established commissions to recommend site location (among other
items) for two potential museums: the Commission to Study the Potential Creation of a National
Museum of the American Latino,45 and the Commission to Study the Potential Creation of a
National Women’s History Museum.46
Designating a site by statute could exclude the expertise of agencies with planning and approval
responsibilities to maintain a consistent approach to the development of the federal y controlled
monumental spaces of the District of Columbia. By statutorily designating a site location,
Congress might inadvertently disregard past work done by planning and approval entities.
As an alternative to statutorily designating a site, Congress could create a process to locate
museums within the District of Columbia. A formalized process could remove Congress from
initial siting decisions and instead al ow the agencies charged with approving plans for new
buildings on federal land to use their expertise to guide the site selection and building design
process. Following their recommendations and approvals, Congress could then approve a site
location.47

of the proposed site, congressional instruction, and other factors, may include the:
National Capital Planning Commission (NCPC), pursuant to one or more of the following authorities: 40 U.S.C. §8701;
40 U.S.C. §8722; and the National Environmental Policy Act (NEPA), 42 U.S.C. §4371. With regard to NEPA
implementation, NCPC and the Smithsonian work pursuant to a memorandum of agreement adopted in December,
2018, see https://www.ncpc.gov/docs/MOA_NCPC_Smithsonian_NEPA_December2018.pdf .
U.S. Commission on Fine Arts, pursuant to one or more of the following authorities: 40 U.S.C. §8701; 4 0 U.S.C.
§9101; Executive Order (EO) 1259, October 25, 1910; and EO 1862, November 28, 1913.
National Park Service (NPS), and General Services Administration (GSA) pursuant to the Commemorative Works Act
(CWA), which authorizes siting of museums in some areas of Washington, DC subject to the authority of the federal
government, and prohibits museums in others. For the areas of Washington, DC and planning approval circumstances
subject to the requirements of the CWA, see 40 U.S.C. §8902. Further discussion and analysis of Memorials and the
CWA are available in CRS Report R41658, Com m emorative Works in the District of Colum bia: Background and
Practice, by Jacob R. Straus; and CRS Report R43241, Monum ents and Mem orials in the District of Colum bia:
Analysis and Options for Proposed Exem ptions to the Com m em orative Works Act, by Jacob R. Straus.
39 Congress required the Regents to consult with NCPC and CFA as NMAAHC was developed, 20 U.S.C. §80r -6(D)(i)
and (ii).
40 E.g., NMAAHC was exempted from the requirements of CWA.
41 E.g., NMAI and the United States Holocaust Memorial Museum were built on parcels outside the jurisdiction of NPS
and GSA.
42 Reservation of site for SI: P.L. 94-74, August 8, 1975, 89 Stat. 407; use of site for NMAI, 20 U.S.C. §80q-5(a).
43 P.L. 107-106, 115 Stat. 1009, December 28, 2001.
44 20 U.S.C. §80r-6(a)(1)(B).
45 P.L. 110-229, §333, 122 Stat. 784, May 8, 2008.
46 P.L. 113-291, §3056, 128 Stat. 3810, December 19, 2014.
47 Creating a site selection process might mirror the current process used to select sites for memorials in the District of
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On the other hand, providing for a process for museum siting could remove control of museum
siting from Congress. If, for example, Congress were to cede control over the site selection
process and vote only to approve or disapprove a recommended site, individual Members who
might otherwise be influential in the congressional debate over a site location might have their
influence diminished, and might have to work outside of Congress to influence the selection of
recommended sites.
In addition to the chal enges of siting potential museums, in previous testimony before Congress,
Secretary Bunch noted that if the Smithsonian is required to construct new museums, climate-
related considerations, including the management of flood risk,48 “wil be a crucial part of any site
selection and planning.”49
Potential Costs of New Museums
If national American Latino, Asian Pacific American history and culture, or women’s history
museums are created by Congress, and they are funded in the same manner as other SI
museums,50 they could represent a significant demand for appropriated and nonappropriated
resources to establish new museum facilities, and enduring increases in annual appropriations
provided for SI operations. While the precise funding requirements of future museums cannot be
predicted authoritatively, potential guidance on costs may be drawn from the costs of building
facilities and operational expenditures of NMAI and NMAAHC.
New Museum Facilities
The planning, design, construction, and exhibit development of a new museum facility, or
renovation of existing structures, appears to be a years-long process of fundraising, designing
facilities to fit the chosen site, and remediating any chal enges of the site, building design, and

Columbia, as authorized in 40 U.S.C. §8904, 8905, and 8908. A similar set of guidelines could be created for the siting
of future museums, thus allowing urban planners to make recommendations to Congress on wh ere a museum might be
located.
48 According to some observers, the risk of urban flooding in the United States is increasing for a variety of reasons.
See National Academies of Sciences, Engineering, and Medicine, Fram ing the Challenge of Urban Flooding in the
United States (Washington, DC: T he National Academies Press, 2019), https://doi.org/10.17226/25381; and University
of Maryland, Center for Disaster Resilience and T exas A&M University, Galveston Campus, Center for T exas, The
Growing Threat of Urban Flooding: A National Challenge, (College Park, MD: A. James Clark School of Engineering,
2018), https://cdr.umd.edu/sites/cdr.umd.edu/files/resource_documents/COMPRESSEDur ban-flooding-report -online-
compressed-0319.pdf. In Washington, DC, parts of the National Mall and adjacent areas are designated by planning
and flood management entities as areas of potentially significant risk for flooding and damage to facilities in the event
of flooding. See, generally, National Capital Planning Commission, “Flooding & Resilience,” https://www.ncpc.gov/
topics/flooding/; Flood Risk Managem ent Planning Resources for Washington, DC, Washington, DC, January 2018,
https://www.ncpc.gov/docs/Flood_Risk_Management_Planning_Resources_January_2018.pdf ; and Greeley and
Hansen, LLC, Federal Triangle Storm water Drainage Study, DC Water, Washington, DC, July 2011,
https://www.ncpc.gov/docs/Federal_T riangle_Stormwater_Drainage_Study_Jul2011.pdf .
49 Written Statement of Lonnie G. Bunch III, Secretary of the Smithsonian Institution, “Review of Smithsonian
Institution Current Facilities and Future Space Needs,” Subcommittee on Economic Development, Public Buildings,
and Emergency Management, Committee on T ransportation and Infrastructure U.S. House of Representatives,
November 13, 2019, at https://transportation.house.gov/download/bunch-testimony, unnumbered pages.
50 P.L. 108-184, establishing NMAAHC, provided an authorization of such sums as necessary for the construction of
the museum and committed to meet the expenses of construction. T he act authorized such sums as necessary for
museum operations beginning in FY2005. In the 116 th Congress, H.R. 1980, the Smithsonian Women's History
Museum Act, and H.R. 2420 would authorize similar provisions for construction and operations expenses from
FY2021.
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other, expected or unexpected chal enges. When fully realized, construction projects may exceed
original budget estimates. Table 3 provides the original estimates for building NMAI and
NMAAHC facilities in nominal, and constant, 2020 dollars. In constant dollars, the final stated
cost of NMAI facilities was approximately 43% higher than original y estimated; stated
NMAAHC costs were approximately 38% higher.51
Table 3. Initial Construction Estimates and Final Costs, National Museum of the
American Indian, and National Museum of African American History and Culture
Nominal and Constant, 2020 Dol ars, Mil ions
Initial Estimate
Final Cost
Initial Estimate
Final Cost
%
Entity
Nominal$
Nominal$
Constant$
Constant$
Difference

Year
Cost
Year Cost
NMAI
1990
$106
2004 $219
$208
$297
43%
NMAAHC
2003
$300
2016 $540
$418
$577
38%
Sources: Smithsonian Institution, Budget Justifications for Fiscal Year 1991, Washington, DC, February 1990, p.
289; Lynette Clemetson, “Bush Authorizes a Black History Museum,” The New York Times, December 17, 2003,
p. A34; Smithsonian Institution, National Museum of the American Indian, “National Museum of the American
Indian Architecture Fact Sheet,” press release, July 2014, at http://nmai.si.edu/sites/1/files/pdf/press_releases/
NMAI-Architecture-Release-2014.pdf; Smithsonian Institution, “National Museum of African American History
and Culture: Design and Construction,” media fact sheet, September 1, 2016, https://www.si.edu/newsdesk/
factsheets/design-and-construction; Lonnie G. Bunch III, A Fool's Errand: Creating the National Museum of African
American History and Culture in the Age of Bush, Obama, and Trump (Washington, DC: Smithsonian Books, 2019), p.
49; and CRS calculations. Numbers rounded to nearest mil ion.
Museum facilities can vary in size, location, and scope, which can make comparing projects, or
estimating future costs chal enging. Presenting cost information per square foot of a proposed
museum or museum exhibition might be of assistance to Congress when considering potential
cost estimates for new Smithsonian museums.52 Estimated costs per square foot for NMAI and
NMAAHC, in nominal, and constant, 2020 dollars are provided in Table 4.

51 Smithsonian museum construction costs may be compared to other publicly authorized museum and cultural
facilities built in the Washington, DC area since 1980. An initial estimate for renovating existing space to house the
United States Holocaust Museum in 1983 was approximately $30 million nominal, $74 million in constant, 2020
dollars. T he museum opened in 1993, and the cost of a new, purpose-built facility, exhibit design, and installation
totaled $168 million nominal, $298 million in constant 2020 dollars, a difference of 303%. T he United States Capitol
Visitor Center’s (CVC) initial estimate in 1999 was $265 million nominal, $408 million in constant, 2020 dollars.
When the CVC opened in 2007, its final cost was estimated at $621 million nominal, $956 millio n in constant, 2020
dollars, a difference of 134%. See Barbara Hand, “ Washington Holocaust Memorial Closer to Reality,” Hartford
Courant, March 13, 1983, p. A7; US Holocaust Memorial Museum, “ Frequently Asked Questions,” at
https://www.ushmm.org/collections/ask-a-research-question/frequently-asked-questions#6; US Holocaust Memorial
Museum, “Frequently Asked Questions,” at https://www.ushmm.org/collections/ask-a-research-question/frequently-
asked-questions#7; CRS Report R42397, The Capitol Visitor Center: History, Developm ent, and Funding , by Ida A.
Brudnick; and CRS calculations.
52 Smithsonian Institution, The Costs and Funding of Exhibitions, Office of Policy and Analysis, August 2002,
https://www.si.edu/Content/opanda/docs/Rpts2002/02.08.CostsFundingExhibitions.Final.pdf; and Department of the
Interior, Museum Cost Estim ates, Interior Museum Program, 2013, https://edit.doi.gov/museum/policy/upload/DOI-
Museum-Cost -Estimates-2013.pdf.
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Table 4. Initial Construction Estimates and Final Costs per Square Foot, National
Museum of the American Indian, and National Museum of African American History
and Culture
Nominal and Constant, 2020 Dol ars
Building Size Initial Estimate
Final Cost
Initial Estimate Final Cost
Entity
Square Feet
Nominal$
Nominal$
Constant$
Constant$

Year
$/SF
Year
$/SF
$/SF
$/SF
NMAI
250,000
1990
$424 2004
$876
$832
$1,189
NMAAHC
400,000
2003
$750 2016
$1,350
$1,045
$1,442
Sources: CRS calculations based on data reported in Smithsonian Institution, Budget Justifications for Fiscal Year
1991, Washington, DC, February 1990, p. 289; Lynette Clemetson, “Bush Authorizes a Black History Museum,”
The New York Times, December 17, 2003, p. A34; Smithsonian Institution, National Museum of the American
Indian, “National Museum of the American Indian Architecture Fact Sheet,” press release, July 2014, at
http://nmai.si.edu/sites/1/files/pdf/press_releases/NMAI-Archit ecture-Release-2014.pdf; Smithsonian Institution,
“National Museum of African American History and Culture: Design and Construction,” media fact sheet,
September 1, 2016, https://www.si.edu/newsdesk/factsheets/design-and-construction; and Lonnie G. Bunch III, A
Fool's Errand: Creating the National Museum of African American History and Culture in the Age of Bush, Obama, and
Trump (Washington, DC: Smithsonian Books, 2019), p. 49. “$/SF” denotes cost per square foot.
In congressional testimony about the costs of potential new museums, Secretary Bunch stated that
“[g]iven expected construction cost increases and the chal enges of the preferred sites, a
comparable new museum wil likely exceed the costs of building the National Museum of African
American History and Culture.”53 Construction on NMAAHC was completed in 2016, and cost
approximately $577 mil ion in constant, 2020 dollars.
The range of potential estimated costs of construction of a new Smithsonian museum provided in
Table 5 is based on the results of analysis of the final stated costs of construction for NMAAHC,
and differences between initial cost estimates and stated final costs for NMAI (43%) and
NMAAHC (38%), provided in constant 2020 dollars. The center point of the range of potential
initial cost estimates is based on the average difference between initial estimates and final costs of
NMAI and NMAAHC (40.5%). The table provides potential estimates in increments of 5% and
10% above and below the average difference. This model is one of many potential methods of
estimating potential museum construction costs. Models based on different initial estimates, or
cost data based on plans that vary from the planning assumptions and cost estimates for
NMAAHC, or other criteria, could result in different estimates of costs.
Table 5. Potential Estimated Costs of Construction, for New Smithsonian Museums
Based on NMAAHC Construction Costs
NMAAHC
Potential
Potential Estimate
Potential
Construction Cost
New Museum
2020 Constant$
Difference
$Million
$/SF
$577 Mil ion
30%
$750
$1,875
$1,442/SF
35%
$779
$1,948

53 Written Statement of Lonnie G. Bunch III, Secretary of the Smithsonian Institution , “Oversight of the Smithsonian
Institution: Opportunities for Growth by Honoring Latino Americans and Asian Pacific Americans,” before the
Committee on House Administration, U.S. House of Representatives, February 5, 2020, at http://docs.house.gov/
meetings/HA/HA00/20200205/110437/HHRG-116-HA00-Wstate-BunchL-20200205-U1.pdf.
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NMAAHC
Potential
Potential Estimate
Potential
Construction Cost
New Museum
2020 Constant$
Difference
$Million
$/SF
Approximately
40%
$808
$2,020
400,000 Sq. Ft.
45%
$837
$2,093

50%
$866
$2,165
Sources: CRS calculations based on data reported in Smithsonian Institution, Budget Justifications for Fiscal Year
1991, Washington, DC, February 1990, p. 289; Lynette Clemetson, “Bush Authorizes a Black History Museum,”
The New York Times, December 17, 2003, p. A34; Smithsonian Institution, National Museum of the American
Indian, “National Museum of the American Indian Architecture Fact Sheet,” press release, July 2014, at
http://nmai.si.edu/sites/1/files/pdf/press_releases/NMAI-Archit ecture-Release-2014.pdf; Smithsonian Institution,
“National Museum of African American History and Culture: Design and Construction,” media fact sheet,
September 1, 2016, https://www.si.edu/newsdesk/factsheets/design-and-construction; and Lonnie G. Bunch III, A
Fool's Errand: Creating the National Museum of African American History and Culture in the Age of Bush, Obama, and
Trump (Washington, DC: Smithsonian Books, 2019), p. 49. “$/SF” denotes cost per square foot.
Notes: The range of potential estimated costs of construction of a potential new Smithsonian museum provided
here are based on the results of analysis of the final stated costs of construction for NMAAHC, and differences
between initial cost estimates and stated final costs for NMAI (43%) and NMAAHC (38%), provided in constant,
2020 dol ars. The center point of the range of potential initial cost estimates is based on the average difference
between initial estimates and final costs of NMAI and NMAAHC (40.5%). The table provides potential estimates
in increments of 5% and 10% above and below the average difference. This cost estimating model is but one of
many potential methods of estimating potential museum construction costs. Models based on different initial
estimates, or cost data based on plans that vary from the planning assumptions and cost estimates for
NMAAHC, or other criteria could result in different estimates of costs. See “New Museum Facilities.”
Ongoing Operational Costs
In congressional testimony, Secretary Bunch stated that:
It’s also important to note that the costs do not end with construction. The annual operation
costs of a museum alone are significant, but the true costs are spread throughout the
Institution. Many functions of the Smithsonian are centralized, such as maintenance,
security, and general counsel to name a few. We must also consider our intellectual
capacity. We cannot let additional museums detract from our ability to appropriately staff
and support the work of all of our museums, galleries, and central support units.54
Table 6 provides the direct, annual appropriations for the first 15 years the NMAI and the
NMAAHC were in operation, as wel as appropriations for the federal component of museum
planning, design, construction, and exhibit development,55 in constant, 2020 dollars. Overal costs
of any potential museums could vary according to the scope of a new museum’s mandate,
including any federal share in construction or operating costs; size and siting of a new museum
facility; whether a new museum is fit into existing structures or requires new facilities to be built;
fundraising; and SI accounting for support costs, among other factors.

54 Written Statement of Lonnie G. Bunch III, Secretary of the Smithsonian Institution , “Oversight of the Smithsonian
Institution: Opportunities for Growth by Honoring Latino Americans and Asian Pacific Americans,” before the
Committee on House Administration, U.S. House of Representatives, February 5, 2020, at http://docs.house.gov/
meetings/HA/HA00/20200205/110437/HHRG-116-HA00-Wstate-BunchL-20200205-U1.pdf.
55 NMAI construction costs are based on the construction of three facilities, including a museum on the National Mall,
for which Congress agreed to fund 2/3 of costs, $138.49 million in April 2020 dollars; a second museum in New York,
for which Congress agreed to fund 1/3 of the costs, $16.33 million in April 2020 dollar s; and a museum service center
in Suitland, Maryland to house NMAI collections, for which Congress appears to have provided the bulk of funds,
$86.31 million in April 2020 dollars.
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Table 6. Smithsonian Institution National Museums of the American Indian (NMAI)
and African American History and Culture (NMAAHC): Appropriations for
Construction and Operational Costs for the First 15 Years of Operations
NMAI
Amount
NMAAHC
Amount
FY1989-FY2003 Operations
$325.38
FY2006-FY2020 Operations
$357.82
Appropriations, Museum
Appropriations, Museum
Planning, Design, Construction,
$241.13
Planning, Design, Construction,
$288.43
Exhibits
Exhibits
Appropriations, First 15 Years
$566.51
Appropriations, First 15 Years
$646.25
Source: Enacted appropriations data taken from Smithsonian Institution annual budget requests, various years;
and Smithsonian Institution, “National Museum of African American History and Culture: Design and
Construction,” media fact sheet, September 1, 2016, https://www.si.edu/newsdesk/factsheets/design-and-
construction, CRS calculations.
Notes: Data provided in mil ions of constant, April 2020 dol ars. NMAI construction costs are based on the
costs of three facilities, including a museum on the National Mal , for which Congress agreed to appropriate two-
thirds of costs, $138.49 mil ion in April 2020 dol ars; a second museum in New York, for which Congress agreed
to appropriate one-third of the costs, $16.33 mil ion in April 2020 dol ars; and a museum service center in
Suitland, MD, to house NMAI col ections, for which Congress appears to have provided the bulk of funds, $86.31
mil ion in April 2020 dol ars. NMAAHC constructions costs are based on its National Mal museum building.
Costs provided here exclude the expenses of study commissions prior to the establishment of NMAAHC, and
any additional appropriations necessary to increase the capacity of internal SI leadership, governance, oversight,
or support entities related to the establishment of the new museums.
Proposed Smithsonian Museum or Collaborative Exhibition in
London
In 2014, Boris Johnson, then-mayor of London,56 announced plans to establish a large cultural
area in Queen Elizabeth Olympic Park, a part of East London that had been cleared and used to
support the 2012 Summer Olympic Games. In January 2015, the Regents authorized SI to work
with the London Legacy Development Corporation (LLDC) to develop terms for an agreement
for Smithsonian exhibit space in the cultural complex.57
In June 2016, SI and the Victoria and Albert Museum (V&A) announced an agreement to develop
“a jointly organized permanent gal ery space as a key part of V&A East” in the cultural complex.
In public statements, then SI Secretary David J. Skorton was quoted as saying:
This would not be a “Smithsonian outpost in London”.... It would be a collaboration with
the V&A, giving both of us opportunities to engage with diverse audiences in innovative
ways. What we learn through this collaboration will enable us to better tell our stories not
only in London, but in the United States and around the world.58

56 Mr. Johnson currently serves as a Member of Parliament of the United Kingdom representing the Uxbridge and
South Ruislip constituency and as Prime Minister, First Lord of the T reasury and Minister for the Civil Service. In
addition, he is Leader of the United Kingdom’s Conservative Party.
57 Smithsonian Institution, “ Minutes of the January 26, 2015, Meeting of the Board of Regents,” at http://www.si.edu/
Content/Governance/pdf/2015_1_26_Web.pdf. See also, Li Zhou, “ T he Smithsonian May Go for the Gold, Opening a
Venue at London’s Olympic Grounds,” at http://www.smithsonianmag.com/smithsonian-institution/smithsonian-
institution-may-go-gold-venue-london-olympic-grounds-180954029/#IH5UkCEcRHowoXlJ.99.
58 Secretary Skorton’s comments were published in identical form in Smithsonian Institution, “Smithsonian Intends T o
Create Permanent Exhibition Space in London With the Victoria and Albert Museum,” press release, June 13, 2016,
http://newsdesk.si.edu/releases/smithsonian-intends-create-permanent-exhibition-space-london-victoria-and-albert-
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In January 2020, Secretary Bunch informed the Regents that the “Smithsonian wil not have a
permanent presence in London,” and instead would “refocus its involvement to better align with
the Secretary’s strategic priorities of education, diversity and inclusion, and museum leadership
development.” Dr. Bunch stated that SI wil co-curate a gal ery exhibit with V&A that is
scheduled to open in 2023, and run for two years. In addition, SI wil work with LLDC to expand
the Shared Training and Employment Program (STEP), a cultural exchange program for young
adults in East London and Washington, DC.59 No explanation of the costs of the V&A
collaboration or the STEP program, or the source of those resources, was identified.
It appears that SI has in the past initiated programs and activities without congressional
authorization. SI has its own money beyond appropriations, perceives a duty as trustee of the
Smithson bequest and other legacies and gifts, and executes a general charge to work toward the
increase and diffusion of knowledge. In some of those instances, SI later came to Congress asking
for appropriations, perhaps when it assessed that the program was to become a permanent
component of the institution. That strategy has been applied in establishing the Smithsonian
Observatory60 and the Anacostia Museum,61 among other ventures.
One potential issue in the case of an SI museum or exhibition in London arguably may be that the
same rationales and authorities SI appears to have relied on when establishing programs on its
own authority as trustees of the Smithson bequest may not necessarily apply to the establishment
of a museum or other display space beyond the United States.
In the past, SI appears to have been able to explain to Congress’s satisfaction why it needs public
funding for domestic facilities beyond Washington, DC, despite Smithson’s wil and statute
stating that the United States establish an institution in Washington, DC. Congress has authorized
SI to oversee activities in at least one country, Panama,62 and it carries out activities in another,

museum; and Foundation for Future London, “ Smithsonian teams up with V&A,” press release, June 14, 2016.
59 Quotes, Smithsonian Institution, Draft Minutes of the January 27, 2020, Meeting of the Board Of Regents,
Washington, DC, January 27, 2020, p. 8, https://www.si.edu/sites/default/files/unit/regents/
approved_board_minutes_january_2020.pdf. Other sources stated that SI’s participation in the ST EP program would
also be in collaboration with the Foundation for Future London, https://futurelondonfoundation.org/, the Mayor of
London, https://www.london.gov.uk/about -us/mayor-london, and LLDC,
https://www.queenelizabetholympicpark.co.uk/our-story. See Nancy Kenney, “ Instead of permanent space,
Smithsonian will co-curate gallery at V&A East for two years,” The Art Newspaper, January 27, 2020,
https://www.theartnewspaper.com/news/smithsonian-plans-to-co-curate-gallery-with-v-and-a-east-for-two-years. For
information on SI participation in the ST EP program, see Smithsonian Institution, “ Smithsonian Confirms Plans for
Collaboration in East London,” press release, January 27, 2020, https://www.si.edu/newsdesk/releases/smithsonian-
confirms-plans-collaboration-east-london; and Jon King, “ Beckton woman hails ‘once-in-a-lifetime’ experience after
Smithsonian museums internship,” Newham Recorder, July 17, 2019, https://www.newhamrecorder.co.uk/news/
education/chess-charles-smithsonian-experience-1-6163742.
60 T he Smithsonian Astrophysical Laboratory was established in 1890 by SI Secretary Samuel P. Langley in what is
now part of the National Mall near SI’s first building. SI subsequently received an appropriation of $10,000 for
maintenance of the laboratory in 1891. “Smithsonian Astrophysical Observatory,” at http://siarchives.si.edu/history/
smithsonian-astrophysical-observatory; and Sundry Civil expenses appropriations Chapter 542, March 3, 1981, 26 Stat.
948; SI Astrophysical Laboratory appropriation appears at 26 Stat. 963.
61 What is now known as Anacostia Community Museum opened in 1967, and was conceived by SI Secretary S. Dillon
Ripley as “‘an experimental store-front museum’ in a Washington, DC, neighborhood….” According to SI, “t he
museum relied largely on special grants for support until 1970, when it became a line item in the SI's federal budget.”
“Anacostia Community Museum,” at http://siarchives.si.edu/history/anacostia-community-museum.
62 SI was authorized by Congress to oversee Barro Colorado Island, Panama, a forerunner of the Smithsonian T ropical
Research Institute, in 1946. Prior to that, SI had participated on its own initiative in research consortia and activity in
the area as early as 1910. “Smithsonian T ropical Research Institute,” at http://siarchives.si.edu/history/smithsonian-
tropical-research-institute.
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Belize,63 apparently with at least after-the-fact approval from Congress, as demonstrated by
annual appropriations for work conducted in part in that country by the Smithsonian Tropical
Research Institute. Both locations support researchers conducting activities that cannot be carried
out in Washington, DC, and the need to go where research can be conducted would seem to
provide a rationale that also applies to domestic research facilities beyond the Washington, DC,
region.
SI’s current activities beyond the Washington, DC, region, with the exception of the New York-
based Cooper Hewitt Smithsonian Design Museum and George Gustav Heye Center of NMAI,
arguably support the increase of knowledge, if not its immediate diffusion, since none of the
research locations appear to have a museum or other substantial public display component.64 Any
museum or other display mechanism for SI collections appears to support the diffusion of
knowledge goal, but that piece of the SI mission has always occurred (or at least originated, in the
case of SI’s Internet presence and television efforts) in the United States. It is unclear how the
London venture, which appears intended to provide a temporary outpost for the display of SI
collections, might fit with reasons to open other SI-affiliated activities outside the United States,
or the intentions of Smithson’s bequest, or Congress.
Based on past practice, it appears that SI arguably could proceed to establish its collaborative
exhibit with V&A in London and maintain it without congressional approval, as long as it used
trust resources, and no appropriated funds. At the same time, Congress might consider whether
the London initiative is in keeping with Smithson’s intentions to establish SI in Washington. If
the program is to become a permanent component of Smithsonian activities, it is unclear how SI
might justify future appropriations requests, either to fund overseas activities, or the possibility of
increased requests to cover U.S.-based activities when trust funds might be redirected to overseas
knowledge diffusion activities. These potential concerns likely wil be considered in light of the
terms of the Smithson bequest, SI’s congressional establishment, and a variety of domestic
concerns that have featured in SI budget requests, including resources for extensive renovation of
SI facilities.65
If Congress were interested in pursuing questions related to the establishment of an SI museum or
other display opportunity in London or elsewhere outside the United States, it might seek the
assistance of practitioners with detailed knowledge of trust administration, the extent to which a
U.S. government entity might embark on overseas initiatives without the prior approval of
Congress, and whether or how SI might be an exception to routine practices in those areas.

63 SI reports that in October 2009 the Smithsonian Marine Station at Fort Pierce, Florida “ assumed logistical and
administrative management of the Caribbean Coral Reef Ecosystems Program based at the Carrie Bow Cay Field
Station on the Meso-American Barrier Reef in Belize….” “ Smithsonian Marine Station at Fort Pierce,” at
http://siarchives.si.edu/history/smithsonian-marine-station-fort-pierce.
64 T he Smithsonian Marine Station at Fort Pierce, Florida appears to support a small aquatic display at the nearby St.
Lucie County Aquarium; see https://naturalhistory.si.edu/research/smithsonian-marine-station.
65 Examples of renovation activities met in part with appropriated funds include ongoing renovations of the National
Air and Space Museum (NASM), and proposed renovations of the Smithsonian Institution Building (Castle). See SI’s
FY2021 budget request, at https://www.si.edu/sites/default/files/about/fy2021-budgetrequestcongress.pdf, p. 7, for
more detail.
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Selected Legislation, 116th Congress (2019-2020)
In each Congress, numerous measures that could potential y affect Smithsonian operations are
typical y introduced. This summary provides discussion of proposed legislation in the 116th
Congress to create new museums or programming within the Smithsonian.66
H.R. 1980—Smithsonian Women's History Museum Act
On March 28, 2019, Representative Carolyn Maloney of New York introduced H.R. 1980, the
Smithsonian Women's History Museum Act.
The bil establishes in the Smithsonian Institution a comprehensive women's history museum, to
be named by the Regents. H.R. 1980 would establish a council, charged with making
recommendations to the Regents on the planning, design, and construction of the museum, and
other duties. The Regents would be required to designate a site for the museum, with priority
given to a site that is on or near the National Mal .
H.R. 1980 was on March 29, 2019, referred to the Committee on House Administration, and in
addition, to the Committees on Natural Resources, and Transportation and Infrastructure, for a
period to be subsequently determined by the Speaker, in each case for consideration of such
provisions as fal within the jurisdiction of the committee concerned. Representative Maloney
filed a motion to place H.R. 1980 on the Consensus Calendar on September 11, 2019. The
Committee on House Administration marked up H.R. 1980 and reported the measure, with an
amendment by unanimous consent, on November 12, 2019. The Committees on Natural
Resources, and Transportation and Infrastructure were discharged on November 13, 2019, and
H.R. 1980 was placed on the Union Calendar. The House considered H.R. 1980 under suspension
of the rules on February 11, 2020. H.R. 1980 was passed as amended by a vote of 374-37.
H.R. 1980 was received in the Senate on February 12, 2020, read twice, and referred to the
Committee on Rules and Administration. No further action has been taken as of the date of this
report.
S. 959—Smithsonian American Women's History Museum Act
On March 28, 2019, Senator Susan Collins of Maine introduced S. 959, the Smithsonian Women's
History Museum Act. The bil is a companion measure to H.R. 1980, and would authorize
provisions substantial y similar to that measure.
S. 959 was read twice and referred to the Committee on Rules and Administration on the day it
was introduced. No further action has been taken as of the date of this report.
H.R. 2420—National Museum of the American Latino Act
On April 30, 2019, Representative Jose E. Serrano of New York introduced H.R. 2420, the
National Museum of the American Latino Act.
H.R. 2420 would establish a national museum of the American Latino in the Smithsonian. The
purposes of the museum would be to il uminate Latino contributions to the story of the United

66 T his section excludes discussion of measures that consider SI appropriations, joint resolutions to appoint citizen
Regents (e.g., S.J.Res. 66), assignment of a congressional gold medal t o the Smithsonian for display and research (e.g.,
S. 2463, S. 1093), general government initiatives that include the Smithsonian among other government entities (e.g.
H.R. 2403 or S. 2287), and other proposals.
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States; provide for the collection, study, research, publication, and establishment of exhibitions
and programs related to Latino life, art, history, and culture; and provide for collaboration
between SI and other museums and educational institutions to promote the study and appreciation
of Latino life, art, history, culture, and its impact on society in the United States. The bil would
establish a board for the museum to advise and assist the Regents on matters related to the
administration and preservation of the museum. A director of the museum would be authorized to
manage the museum and carry out educational and liaison programs in support of its goals. The
Regents would be authorized to designate a site for the museum and to design and construct it.
The bil would require the Director of the Institute of Museum and Library Services to execute
grant programs and a scholarship program, including a grant program to promote the
understanding of the Latin American diaspora in the United States.
H.R. 2420 was referred on April 30, 2019, to the Committee on House Administration, and in
addition, to the Committees on Natural Resources, and Transportation and Infrastructure, for a
period to be subsequently determined by the Speaker, in each case for consideration of such
provisions as fal within the jurisdiction of the committee concerned. It was subsequently referred
to the Subcommittee on Economic Development, Public Buildings, and Emergency Management
by the Committee on Transportation and Infrastructure on May 1, 2019, and the Subcommittee on
National Parks, Forests, and Public Lands of the Committee on Natural Resources on May 8,
2019. The Subcommittee on National Parks, Forests, and Public Lands held a hearing on H.R.
2420 on October 17, 2019. On July 27, the House passed H.R. 2420, as amended, under
suspension of the rules, by voice vote.
H.R. 2420 was received in the Senate on January 29, 2020, read twice, and referred to the
Committee on Rules and Administration. No further action has been taken as of the date of this
report.
S. 1267—National Museum of the American Latino Act
On May 10, 2019, Senator Robert Menendez of New Jersey introduced S. 1267, the National
Museum of the American Latino Act. The bil is a companion measure to H.R. 2420, and would
authorize provisions substantial y similar to that measure.
S. 1267 was read twice and referred to the Committee on Rules and Administration on the day it
was introduced. No further action has been taken as of the date of this report.
H.R. 4132—Commission to Study the Potential Creation of a
National Museum of Asian Pacific American History and Culture
Act
On July 30, 2019, Representative Grace Meng of New York introduced H.R. 4132, the
Commission to Study the Potential Creation of a National Museum of Asian Pacific American
History and Culture Act. The bil would establish a commission to study the potential creation of
a national museum of Asian Pacific American history and culture, and would require the
commission to
 report recommendations for a plan of action for the establishment and
maintenance of a national museum of Asian Pacific American history and culture
in the District of Columbia;
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 develop a fundraising plan to support the establishment, operation, and
maintenance of the museum through public contributions;
 obtain an independent review of the fundraising plan, with an analysis of the
resources necessary to fund the construction of the museum and its operations
and maintenance in perpetuity without reliance on federal funds; and
 submit a legislative plan of action to establish and construct the museum.
The commission would be authorized to convene a national conference relating to the proposed
museum.
H.R. 4132 was referred on July 30, 2019, to the Committee on Natural Resources, and in
addition, to the Committee on House Administration, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fal within the jurisdiction of
the committee concerned. On August 21, 2019, the Committee on Natural Resources referred the
measure to the Subcommittee on National Parks, Forests, and Public Lands. No further action has
been taken as of the date of this report.
H.R. 5946—National Jazz Preservation, Education, and
Promulgation Act of 2020
On February 21, 2020, Representative Sheila Jackson Lee of Texas introduced H.R. 5946 , the
National Jazz Preservation, Education, and Promulgation Act of 2020. The bil would establish
national jazz preservation and appreciation programs, to be carried out by the Smithsonian’s
National Museum of American History (NMAH), to preserve knowledge and promote education
about jazz, and to further the appreciation of jazz music.
SI would be required to record interviews with leading jazz artists; acquire, preserve, and
interpret, and share jazz artifacts; continue to recognize Jazz Appreciation Month;67 and
encourage and engage in capacity building with community-based and regional organizations
with the potential to establish jazz archival collections.
H.R. 5946 would require SI to establish a series of jazz performances at Smithsonian affiliates to
provide broad geographic access to jazz and support public appreciation for the diversity of jazz
music.68
H.R. 5946 was referred on February 21, 2020, to the Committee on House Administration, and in
addition, to the Committee on Education and Labor, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fal within the jurisdiction of
the committee concerned. No further action has been taken as of the date of this report.
H.R. 7161—COVID-19 Memorial Quilt Act of 2020
On June 11, 2020, Representative Andre Carson of Indiana introduced H.R. 7161, to direct the
Smithsonian Institution and the American Folklife Center at the Library of Congress to jointly
carry out the COVID-19 Pandemic Memorial Quilt Project to honor and remember Americans
who have lost their lives to the COVID-19 pandemic, and for other purposes.

67 April, see NMAH, https://americanhistory.si.edu/smithsonian-jazz/jazz-appreciation-month.
68 Apparently unrelated to Smithsonian operations, the bill amends the Elementary and Secondary Education Act of
1965 to allow the use of certain funds for programs to promote jazz education, potentially including a jazz artists in the
schools program, the development and distribution of educational and teacher training materials about jazz, and an
ambassadors of jazz outreach program.
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According to Representative Carson’s introductory remarks in the House, the bil would create a
congressional advisory panel to submit plans to the Smithsonian Institution and the American
Folklife Center at the Library of Congress for the development of a memorial quilt that “honors
and celebrates the lives of those we have lost to the COVID-19 pandemic.” When complete, this
memorial quilt would be displayed on the United State Capitol Grounds with a subsequent
display on the National Mal and other locations.69
H.R. 7161 was referred on June 11, 2020, to the Committee on House Administration, and in
addition, to the Committee on Education and Labor, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fal within the jurisdiction of
the committee concerned. No further action has been taken as of the date of this report.
Table 7. Terms and Acronyms Used in This Report
Term, Acronym
Entity
CFA
Commission on Fine Arts
CWA
Commemorative Works Act
EO
Executive Order
GSA
General Services Administration
Kennedy Center
John F. Kennedy Center for the Performing Arts
LLDC
London Legacy Development Center
NASM
National Air and Space Museum
NCPC
National Capital Planning Commission
NEPA
National Environmental Policy Act
NGA
National Gal ery of Art
NMAAHC
National Museum of African American History and Culture
NMAH
National Museum of American History
NMAI
National Museum of the American Indian
NPS
National Park Service
Regents
Board of Regents of the Smithsonian Institution
Secretary
Secretary of the Smithsonian Institution
SI or Smithsonian
Smithsonian Institution
STEP
Shared Training and Employment Program
V&A
Victoria and Albert Museum
WWICS
Woodrow Wilson International Center for Scholars
Source: CRS

69 Representative Andre Carson, “Introduction of the Covid-19 Memorial Quilt Act of 2020,” Extensions of Remarks,
Congressional Record, daily edition, vol. 166, part 108 (June 11, 2020), pp. E532 -E553, https://www.congress.gov/
116/crec/2020/06/11/CREC-2020-06-11-pt1-PgE532-5.pdf.
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Author Information

R. Eric Petersen

Specialist in American National Government

Acknowledgments
Jacob Straus co-authored a section of this report. Carol Wilson, Research Librarian, and Julie Jennings,
Senior Research Librarian, provided extensive research assistance.

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