Smithsonian Institution: Background, Issues
November 4, 2021
for Congress, and Selected Legislation
R. Eric Petersen
The Smithsonian Institution (SI) is a complex of museum, education, research, and revenue-
Specialist in American
generating entities primarily located in the Washington, DC, region, with additional facilities and
National Government
activities across the United States and world. It reportedly employed in 2020 approximately
6,400 staff, supplemented by approximately 5,100 volunteers who work onsite at various SI
facilities when fully operational, and a number of digital volunteers who support Smithsonian
activities online. In FY2019, the last full year before the onset of the COVID-19 pandemic, the
Smithsonian’s museums and zoo, which are open to the public largely without admission fees, were visited 23.3 million
times, and in FY2020, its websites were accessed 178 million 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
organizationally 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 FY2021, this was
approximately $1.033 billion—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 well as those
created by SI. It also provides analysis and background information on consideration of the selection of sites and construction
of two newly authorized SI museums, and selected Smithsonian-related legislation introduced in the 117th Congress (2021-
2022).
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Smithsonian Institution: Background, Issues for Congress, and Selected Legislation
Contents
Introduction and Background .......................................................................................................... 1
SI Leadership ................................................................................................................................... 3
Board of Regents ....................................................................................................................... 3
Secretary .................................................................................................................................... 4
New Smithsonian Museums Authorized, 2020 ............................................................................... 4
New Museum Development ...................................................................................................... 5
Broad Considerations .......................................................................................................... 5
Role and Availability of Private Entities ............................................................................. 6
Smithsonian Capacity Questions ........................................................................................ 8
Museums’ Siting ............................................................................................................... 10
Potential Costs of New Museums ........................................................................................... 12
New Museum Facilities .................................................................................................... 12
Ongoing Operational Costs ............................................................................................... 14
Selected Legislation, 117th Congress (2021-2022) ........................................................................ 15
H.R. 139—National Jazz Preservation, Education, and Promulgation Act of 2021 ............... 15
H.R. 1175—Smithsonian and National Gallery of Art Collections Space
Authorization Act ................................................................................................................. 16
H.R. 3019—COVID-19 Memorial Quilt Act of 2020............................................................. 16
H.R. 3525—Commission to Study the Potential Creation of a National Museum of
Asian Pacific American History and Culture Act ................................................................ 17
H.R. 4372—Department of the Interior, Environment, and Related Agencies
Appropriations Act, 2022, Potential Museum Acquisition .................................................. 17
Figures
Figure 1. Sites of Congressionally Designated Consideration, Women’s Museum and
NMAL ......................................................................................................................................... 11
Tables
Table 1. Smithsonian Institution Entities ......................................................................................... 2
Table 2. Time Between Selected Events in the Development of Smithsonian Institution
Museums and Proposed Museums ............................................................................................... 7
Table 3. Initial Construction Estimates and Final Costs, National Museum of the
American Indian, and National Museum of African American History and Culture ................. 12
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 ................................................................................................................................. 13
Table 5. Potential Estimated Costs of Construction, for New Smithsonian Museums .................. 14
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 ....................................................... 15
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Contacts
Author Information ........................................................................................................................ 18
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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 approximately 6,400 staff,3 supplemented by
approximately 5,100 volunteers who work onsite at various SI Facilities, and a number of digital
volunteers who support SI activities online.4 In FY2019, the last full year before the COVID-19
pandemic limited some Smithsonian activities, SI’s museums and zoo, which are open to the
public largely without admission fees,5 were visited 23.3 million times.6 During FY2020, the
Smithsonian’s approximately 170 websites were accessed 178 million times.7
As a government “establishment” (as applied to SI, the term appears to originate from Smithson’s
will) or “trust instrumentality of the United States” (the term sometimes used by SI or
government entities attempting to characterize its functions), the Smithsonian occupies a unique
position. Governmental, but organizationally 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 well 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,8 these entities are funded
from trust resources, appropriated funds, or both.
SI receives an annual appropriation—in FY2021, this was approximately $1.033 billion9—but
executes no direct government program or policy beyond the regulation of its buildings and
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 https://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 Smithsonian 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.
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 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
“to deliver profitable products and services that further the Smithsonian’s mission.” It appears that SE receives no
appropriated funding. See “Smithsonian Enterprises,” at https://www.linkedin.com/company/smithsonian-enterprises.
9 This excludes specific appropriations to SI entities with budget authority separate from SI including the National
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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; some museums’
activities are funded by a greater proportion of appropriated funds.10 Some of these expenditures
include the employment of staff who are considered federal employees.
In addition to appropriated funds, the Smithsonian 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 FY2022, SI reported that an estimated $404.9 million in trust
funds was available for operational expenses in FY2021.11 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 missi
ons. 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 Gallery of Art
20 U.S.C. §74
Anacostia Community Museum
National Portrait Gallery
20 U.S.C. §75b
Archives of American Art
Smithsonian Gallery of Art
20 U.S.C. §76b
Arthur M. Sackler Gallery
John F. Kennedy Center for the Performing 20 U.S.C. §76h
Cooper Hewitt Smithsonian Design Museum
Arts
Joseph H. Hirshhorn Museum and
20 U.S.C. §76aa
Freer Gallery of Art
Sculpture Garden
Smithsonian Tropical Research Institu
tea
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
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
20 U.S.C. §80r
Smithsonian Center for Folklife and Cultural
History and Culture Council
Heritage
National Zoological Park
20 U.S.C. §81
Smithsonian Latino Center
Gallery of Art; the John F. Kennedy Center for the Performing Arts; and the Woodrow Wilson International Center for
Scholars.
10 For example, according to SI budget requests for various years, since FY1989, 84.4% of the National Museum of the
American Indian’s (NMAI) operational expenses have come from appropriated funds. Since FY2005, 86.8% of the
National Museum of African American History and Culture (NMAAHC) have come from appropriated funds.
11 Smithsonian Institution,
Fiscal Year 2022 Budget Justification to Congress, May 2021, at https://www.si.edu/sites/
default/files/about/smithsonianfy2022congressionaljustificationbook5-24-21.pdf, p. 285.
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Established by Congress
Established by SI
Smithsonian American Women’s History
20 U.S.C. §80t
Smithsonian Enterprises
Museum Actb
National Museum of the American Latino
20 U.S.C. §80u
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.
b. Legislation establishing a comprehensive women’s history museum in the Smithsonian authorized the
Regents, in consultation with an unnamed advisory council established to assist the Regents on planning,
design, construction, and all matters related to the administration of the museum, to name the museum.
SI Leadership
The activities of SI are overseen by the Regents of the Smithsonian Institution.12 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 well as independent professional leadership
and staff. With some exceptions,13 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 citizen
Regents. 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 chancellor, the group is traditionally led by
the Chief Justice, who serves as chancellor, or presiding officer. The law also specifies the
election of a three-Regent executive committee.14 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.15
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
12 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.” Throughout this
report, it is referred to as the Regents.
13 The 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.
14 20 U.S.C. §44.
15 A list of the Regents is available at https://www.si.edu/regents/members.
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Speaker for a term of two years. Congressional appointments are renewable. Citizen Regents are
appointed to six-year terms by joint resolution of Congress.16
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.17 Lonnie G. Bunch III began service as the 14th Secretary of the Smithsonian in June
2019.18
In modern practice, the Secretary oversees a complex organization currently organized into five
broad areas including the following:
Administration,
Education,
Museums and Culture,
Science and Research; and
Smithsonian Enterprises.19
New Smithsonian Museums Authorized, 2020
On December 27, 2020, Congress created two new Smithsonian museums with the enactment of
P.L. 116-260, Consolidated Appropriations Act, 2021. Title I of Division T of the law created in
the Smithsonian a comprehensive women’s history museum, to be named by the Regents
(Women’s Museum).20 The act established a council, charged with making recommendations to
the Regents on the planning, design, and construction of the museum, and other duties. A director
may be appointed to oversee the museum and its staff, and to carry out educational and liaison
programs in support of museum goals. The Regents are required to designate a site for the
Women’s Museum not later than December 27, 2022.
Title II of Division T established the National Museum of the American Latino (NMAL).21 The
law establishes 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 is authorized to
manage the museum and carry out educational and liaison programs in support of its goals. The
Regents are authorized to designate a site for the museum not later than December 27, 2022, and
to design and construct the museum. The act requires the Director of the Institute of Museum and
Library Services (IMLS) 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.
16 20 U.S.C. §43.
17 20 U.S.C. §46.
18 “Lonnie G. Bunch III, Secretary of the Smithsonian Institution,” at https://www.si.edu/about/bios/lonnie-g-bunch-iii.
19 Based on SI’s organizational chart published in Smithsonian Institution,
Fiscal Year 2022 Budget Justification to
Congress, May 2021, at https://www.si.edu/sites/default/files/about/
smithsonianfy2022congressionaljustificationbook5-24-21.pdf, p. 283.
20 Smithsonian American Women’s History Museum Act, 20 U.S.C. §80t.
21 20 U.S.C. §80t.
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In March 2021, interim directors for NMAL and the Women’s Museum were appointed in
anticipation of searches for founding directors of the new museums.22 On June 29, 2021, the
Smithsonian announced the names of some of the 19 members of NMAL’s board of trustees.23
On August 20, 2021, the Smithsonian announced the names of some of the 25 advisory council
members of the Women’s Museum.24
New Museum Development
Congress might consider a range of questions regarding the ongoing development of the
Women’s Museum and NMAL, as well as the potential development of any additional new
museums. These might 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. Some questions lend themselves to
exploration of how Congress might consider museum development efforts as representations of
specific 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, mutually exclusive categorization. With regard to development of the
two new museums 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 the new museums and their
development,
the Smithsonian’s capacity to address new and ongoing institutional challenges,
and
potential costs of the new museums.
Broad Considerations
Whether posed explicitly or implicitly, any proposal related to the siting or construction of either
of the two new museums, or to potential exhibits within them, arguably must provide answers to
questions 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 new museums 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?
22 Smithsonian Institution, “Lisa Sasaki, Interim Director, Smithsonian American Women’s History Museum,” March
2021, https://www.si.edu/about/bios/lisa-sasaki; and Smithsonian Institution, “Eduardo Díaz: Director, Smithsonian
Latino Center and Interim Director, Smithsonian’s National Museum of the American Latino,” March 2021,
https://www.si.edu/about/bios/eduardo-diaz.
23 Smithsonian Institution, “Smithsonian Names Members of the National Museum of the American Latino Board of
Trustees,” press release, June 29, 2021, https://www.si.edu/newsdesk/releases/smithsonian-names-members-national-
museum-american-latino-board-trustees.
24 Smithsonian Institution, “Smithsonian Names Members of the American Women’s History Museum Advisory
Council,” press release, August 20, 2021, https://www.si.edu/newsdesk/releases/smithsonian-names-members-
american-womens-history-museum-advisory-council.
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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 well
represented in the past?
How might new museums address shortfalls in representing the diversity of
American voices and perspectives?
How might Congress guide and oversee these efforts?
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 typically 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 Today, some elements of the Heye
collection are retained by the Smithsonian and displayed in part at NMAI’s Washington, DC,
museum and at the George Gustav Heye Center of the National Museum of the American Indian
in New York.26 Similarly, in 1915, African American Civil War veterans began efforts to
memorialize on the National Mall 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 all walks of life.27 While that goal was not
specifically realized, the group’s efforts and stories were eventually included in NMAAHC.
Based on the development of NMAI and NMAAHC, and consideration of efforts that led to the
establishment of the Women’s Museum and NMAL, it would appear that a series of events in
museum development frequently occurs, including many or all 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,
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+American+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, Obama, and Trump (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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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 advanced only when
engaged, well-organized private citizens and entities expressed sustained interest and concern to
public officials. With that in mind, Congress might consider the following questions regarding
private entities and their efforts to support the development of the new museums:
What is the commitment and capacity of advocates for the new museums (as well
as any proposals for additional new museums that Congress might consider) 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 affiliated with the Women’s Museum
and NMAL? What are their 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 potentially 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 Women’s Museum, NMAL, and H.R. 3525 (a
proposal offered to create a commission to consider an Asian Pacific museum) completed various
steps in the process of museum development is provided i
n Table 2. The historical account of the
development of existing museums is not intended to be predictive of the potential timing of the
two newly authorized Smithsonian museums or the development of any potential museums in the
future.
Table 2. Time Between Selected Events in the Development of Smithsonian
Institution Museums and Proposed Museums
Entity, Event
NMAI
NMAAHC
Women’s
NMAL
Asian Pacific
Museum
Commission
Year Years Year Years Year
Years
Year
Years
Year
Years
Total
Total
Total
Total
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
Museum Creation
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Entity, Event
NMAI
NMAAHC
Women’s
NMAL
Asian Pacific
Museum
Commission
Enacted Museum
1989
93
2003
88
2020
25
2020
26
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,
26
27
24
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
Col ection,” Smithsonian Archives, https://siris-sihistory.si.edu/ipac20/ipac.jsp?session=15I98U121B484.945&
profile=sicall&source=
~!sichronology&view=subscriptionsummary&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.
Women’s Museum: P.L. 116-260; 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.
NMAL: P.L. 116-260; 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,
Willful 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&source=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;
H.R. 3525, 117th Congress; and 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
The establishment of two 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 challenges of
museum siting, and meeting the short- and long-term costs associated with new museums.
Smithsonian Secretary Lonnie Bunch has addressed concerns about certain capacities in at least
two congressional hearings. In 2019 testimony before the Senate Committee on Rules and
Administration, he emphasized the need to continue reducing a substantial backlog of
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maintenance issues in SI facilities, and that “a new museum would need funds for both the
creation and long-term operations of the facilities, the care and preservation of our collections,
and the on-going success of the museum.”29 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 national 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.30
The need for the Smithsonian to oversee the simultaneous development of two new national
museums could necessitate congressional assessment of the new museums’ fundraising efforts;
the Smithsonian’s siting, design, construction, and operational plans or cost decisions; 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 the 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:
How might the establishment of two new museums fit into existing Smithsonian
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?31
The development and funding of its new headquarters building?32
29 Written Statement of Secretary of the Smithsonian Institution Lonnie G. Bunch III, before U.S. Congress, Senate,
Committee on Rules and Administration, November 14, 2019, at https://www.rules.senate.gov/download/mr-lonnie-
bunch-testimony.
30 Written Statement of Secretary of the Smithsonian Institution Lonnie G. Bunch III, in U.S. Congress, House of
Representatives, Committee on House Administration,
Oversight of the Smithsonian Institution: Opportunities for
Growth by Honoring Latino Americans and Asian Pacific Americans, February 5, 2020, at http://docs.house.gov/
meetings/HA/HA00/20200205/110437/HHRG-116-HA00-Wstate-BunchL-20200205-U1.pdf.
31 Written Statement of Secretary of the Smithsonian Institution Lonnie G. Bunch III, in U.S. Congress, House of
Representatives, Committee on Transportation and Infrastructure, Subcommittee on Economic Development, Public
Buildings, and Emergency Management,
Review of Smithsonian Institution Current Facilities and Future Space Needs,
November 13, 2019, at https://transportation.house.gov/download/bunch-testimony, unnumbered pages; and
Smithsonian Institution, Office of Inspector General,
Deferred Maintenance: The Smithsonian Generally Followed
Leading Management Practices, but Reducing Its Backlog Remains 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.
32 John Banister, “Smithsonian To 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 H.R. 4372, language related to the Smithsonian’s appropriations for FY2022 stated “[t]hat no appropriated funds
may be used directly to service debt which is incurred to finance the costs of acquiring a portion of the building at 600
Maryland Avenue, SW, Washington, DC, or of planning, designing, and constructing improvements to such building.”
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Collection storage, digitization and protection?33
The development of new collections storage facilities?34
The vitality and currency of existing museums and exhibits as SI also
addresses the challenges of establishing the new museums?
How might the new museums affect current arrangements between and among
existing museums?
How might the Smithsonian identify senior leaders to oversee the development of
the new museums?
What plans might Congress want SI to consider to ensure that established
museums and the new museums avoid competing for collections, exhibits, staff,
or other resources?
Museums’ Siting
Congress required that the Regents select sites in Washington, DC, for the Women’s Museum and
NMAL, and stated its intent that both “be located on or near the National Mall, to the maximum
extent practicable.” In addition, Congress specified that the Regents consider two specific sites
for the Women’s Museum, including the site known as the “South Monument site,” located on the
National Mall and bordered by 14th Street SW, Jefferson Drive SW, Raoul Wallenberg Place SW,
and Independence Avenue SW;35 and the Northwest U.S. Capitol site, bordered by 3rd Street NW,
Constitution Avenue NW, 1st Street NW, and Pennsylvania Avenue NW.36
For NMAL, Congress also designated the South Monument and Northwest U.S. Capitol sites for
consideration, as well as the Smithsonian Arts and Industries Building at 900 Jefferson Drive SW;
and the facility and grounds on the National Mall between 12th and 14th Streets SW, Jefferson
Drive SW, and Independence Avenue SW.37
Figure 1 provides an illustration of the sites
Congress designated for consideration for each museum.
In designating museum sites, Congress required the Regents to take into consideration several
factors, including
estimates of the costs associated with each potential site;
an assessment of the suitability of the space of each potential site, including size,
proximity to other buildings and transportation, and other external environmental
conditions, as appropriate; and
the recommendations of the Commission to Study the Potential Creation of a
National Women’s History Museum (Women’s Museum Commission) for the
33 Testimony of Cathy L. Helm, Inspector General, Smithsonian Institution, Before The 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 Management: Progress Made with Initiatives to
Improve Inadequate Storage and Undertake Digitization, but Key Challenges Remain, Report Number A-13-11,
Washington, DC, September 14, 2015, https://www.si.edu/Content/OIG/Audits/2015/A-13-11.pdf.
34 See
“H.R. 1175—Smithsonian and National Gallery of Art Collections Space Authorization Act”, below; and
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.
35 The site is currently under the jurisdiction of the National Park Service.
36 The site is currently under the jurisdiction of the Architect of the Capitol.
37 The site and related facilities are under the jurisdiction of the Department of Agriculture.
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Women’s Museum, and the Commission to Study the Potential Creation of a
National Museum of the American Latino (NMAL Commission) for NMAL.
The Regents are to carry out site selection for each museum in consultation with the following:
the chair of the National Capital Planning Commission;
the Director of the National Park Service;
the chair of the National Capital Memorial Advisory Commission;
the chair of the Commission of Fine Arts;
the Architect of the Capitol;
the chair and ranking member of each of the following committees: In the House,
the Committees on Appropriations, House Administration, Natural Resources,
and Transportation and Infrastructure. In the Senate, the Committees on
Appropriations, Energy and Natural Resources, and Rules and Administration.
In addition, for the Women’s Museum, the
Figure 1. Sites of Congressionally
Regents must also consult with the chair of
Designated Consideration, Women’s
the Commission to Study the Potential
Museum and NMAL
Creation of a National Women’s History
Museum. For NMAL, the Regents must also
consult with the chair and vice chair of the
NMAL Commission, and the chair of the
Building and Site Subcommittee of the
NMAL Commission.
In addition to the challenges of siting the new
museums, in previous testimony to Congress
before the new museums were authorized,
Secretary Bunch noted that climate-related
considerations, including the management of
flood risk,38 “will be a crucial part of any site
Source: CRS, based on P.L. 116-260, 20 U.S.C.
selection and planning.”39
§80t-5(a)(2), and 20 U.S.C. §80u-(g)(1)(A)(i ).
38 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,
Framing the Challenge of Urban Flooding in the
United States (Washington, DC: The National Academies Press, 2019), https://doi.org/10.17226/25381; and University
of Maryland, Center for Disaster Resilience and Texas A&M University, Galveston Campus, Center for Texas,
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/COMPRESSEDurban-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 Management 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 Stormwater Drainage Study, DC Water, Washington, DC, July 2011,
https://www.ncpc.gov/docs/Federal_Triangle_Stormwater_Drainage_Study_Jul2011.pdf.
39 Written Statement of Secretary of the Smithsonian Institution Lonnie G. Bunch III, in U.S. Congress, House of
Representatives, Committee on Transportation and Infrastructure, Subcommittee on Economic Development, Public
Buildings, and Emergency Management,
Review of Smithsonian Institution Current Facilities and Future Space Needs,
November 13, 2019, at https://transportation.house.gov/download/bunch-testimony, unnumbered pages.
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Potential Costs of New Museums
The establishment of the Women’s Museum and NMAL 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. P.L. 116-260 authorizes the
Regents to meet 50% of the cost of construction for each museum, paid from appropriated funds,
and 50% for each museum met by nonfederal resources. The act authorizes such sums as
necessary for museum operations from FY2020 for the Women’s Museum. NMAL’s
authorization for operations was $20 million for FY2021, and such sums as necessary for both
museums thereafter.
The precise funding requirements of the two new museums cannot be predicted authoritatively,
but potential guidance on costs may be drawn from the costs of building facilities and operational
expenditures of NMAI and NMAAHC.
New Museum Facilities
The planning, design, construction, and exhibit development of new museum facilities, or
renovation of existing structures, appears to be a years-long process of fundraising, designing
facilities to fit the chosen site, and remediating site, building, and other challenges. When fully
realized, construction projects may exceed original budget estimates
. Table 3 provides the
original estimates for building NMAI and NMAAHC facilities in nominal and constant 2021
dollars. In constant dollars, the final stated cost of NMAI facilities was approximately 43% higher
than originally estimated; stated NMAAHC costs were approximately 38% higher.
Table 3. Initial Construction Estimates and Final Costs, National Museum of the
American Indian, and National Museum of African American History and Culture
Nominal and Constant 2021 Dollars, Millions
Entity
Initial Estimate
Final Cost
Initial Estimate Final Cost
%
Nominal$
Nominal$
Constant$
Constant$ Difference
Year
Cost
Year Cost
NMAI
1990
$106
2004 $219
$222
$318
43%
NMAAHC
2003
$300
2016 $540
$447
$617
38%
Sources: Smithsonian Institution,
Budget Justifications for Fiscal Year 1991, Washington, DC, February 1990, p.
289; Lynette Clemetson, “Bush Authorizes a Black History Museum,”
The New York Times, December 17, 2003,
p. A34; Smithsonian Institution, National Museum of the American Indian, “National Museum of the American
Indian Architecture Fact Sheet,” press release, July 2014, at http://nmai.si.edu/sites/1/files/pdf/press_releases/
NMAI-Architecture-Release-2014.pdf; Smithsonian Institution, “National Museum of African American History
and Culture: Design and Construction,” media fact sheet, September 1, 2016, https://www.si.edu/newsdesk/
factsheets/design-and-construction; Lonnie G. Bunch III,
A Fool’s Errand: Creating the National Museum of African
American History and Culture in the Age of Bush, Obama, and Trump (Washington, DC: Smithsonian Books, 2019), p.
49; and CRS calculations. Numbers rounded to nearest mil ion.
Museum facilities can vary in size, location, and scope, which can make comparing projects, or
estimating future costs challenging. Presenting cost information per square foot of a proposed
museum or museum exhibition might be of assistance to Congress when considering potential
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cost estimates for new Smithsonian museums.40 Estimated costs per square foot for NMAI and
NMAAHC in nominal and constant 2021 dollars are provided i
n Table 4.
Table 4. Initial Construction Estimates and Final Costs per Square Foot, National
Museum of the American Indian, and National Museum of African American History
and Culture
Nominal and Constant 2021 Dollars
Entity
Building Size Initial Estimate
Final Cost
Initial Estimate Final Cost
Square Feet
Nominal$
Nominal$
Constant$
Constant$
Year
$/SF
Year
$/SF
$/SF
$/SF
NMAI
250,000
1990
$424
2004
$876
$888
$1,272
NMAAHC
400,000
2003
$750
2016 $1,350
$1,118
$1,543
Sources: CRS calculations based on data reported in Smithsonian Institution,
Budget Justifications for Fiscal Year
1991, Washington, DC, February 1990, p. 289; Lynette Clemetson, “Bush Authorizes a Black History Museum,”
The New York Times, December 17, 2003, p. A34; Smithsonian Institution, National Museum of the American
Indian, “National Museum of the American Indian Architecture Fact Sheet,” press release, July 2014, at
http://nmai.si.edu/sites/1/files/pdf/press_releases/NMAI-Architecture-Release-2014.pdf; Smithsonian Institution,
“National Museum of African American History and Culture: Design and Construction,” media fact sheet,
September 1, 2016, https://www.si.edu/newsdesk/factsheets/design-and-construction; and Lonnie G. Bunch III,
A
Fool’s Errand: Creating the National Museum of African American History and Culture in the Age of Bush, Obama, and
Trump (Washington, DC: Smithsonian Books, 2019), p. 49. “$/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 challenges of the preferred sites, a
comparable new museum will likely exceed the costs of building the National Museum of African
American History and Culture.”41 Construction on NMAAHC was completed in 2016, and cost
approximately $616 million in constant 2021 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 2021 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.
40 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 Estimates, Interior Museum Program, 2013, https://edit.doi.gov/museum/policy/upload/DOI-
Museum-Cost-Estimates-2013.pdf.
41 Written Statement of Secretary of the Smithsonian Institution Lonnie G. Bunch III, in U.S. Congress, House of
Representatives, Committee on House Administration,
Oversight of the Smithsonian Institution: Opportunities for
Growth by Honoring Latino Americans and Asian Pacific Americans, 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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Table 5. Potential Estimated Costs of Construction, for New Smithsonian Museums
Based on NMAAHC Construction Costs
NMAAHC
Potential
Potential Estimate
Potential
Construction Cost
Difference
New Museum
$/SF
2021 Constant$
$Million
$616 Mil ion
30%
$802
$2,005
$1,490/SF
35%
$833
$2,082
Approximately
40%
$864
$2,160
400,000 Sq. Ft.
45%
$895
$2,237
50%
$926
$2,314
Sources: CRS calculations based on data reported in Smithsonian Institution,
Budget Justifications for Fiscal Year
1991, Washington, DC, February 1990, p. 289; Lynette Clemetson, “Bush Authorizes a Black History Museum,”
The New York Times, December 17, 2003, p. A34; Smithsonian Institution, National Museum of the American
Indian, “National Museum of the American Indian Architecture Fact Sheet,” press release, July 2014, at
http://nmai.si.edu/sites/1/files/pdf/press_releases/NMAI-Architecture-Release-2014.pdf; Smithsonian Institution,
“National Museum of African American History and Culture: Design and Construction,” media fact sheet,
September 1, 2016, https://www.si.edu/newsdesk/factsheets/design-and-construction; and Lonnie G. Bunch III,
A
Fool’s Errand: Creating the National Museum of African American History and Culture in the Age of Bush, Obama, and
Trump (Washington, DC: Smithsonian Books, 2019), p. 49. “$/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
2021 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.42
Table 6 provides the direct, annual appropriations for the first 15 years the NMAI and the
NMAAHC were in operation, as well as appropriations for the federal component of museum
planning, design, construction, and exhibit development, in constant 2021 dollars.43 Overall costs
42 Written Statement of Secretary of the Smithsonian Institution Lonnie G. Bunch III, in U.S. Congress, House of
Representatives, Committee on House Administration,
Oversight of the Smithsonian Institution: Opportunities for
Growth by Honoring Latino Americans and Asian Pacific Americans, February 5, 2020, at http://docs.house.gov/
meetings/HA/HA00/20200205/110437/HHRG-116-HA00-Wstate-BunchL-20200205-U1.pdf.
43 NMAI construction costs are based on the costs of three facilities, including a museum on the National Mall, for
which Congress agreed to appropriate two-thirds of costs, $147.76 million in September 2021 dollars; a second
museum in New York, for which Congress agreed to appropriate one-third of the costs, $17.43 million in September
2021 dollars; and a museum service center in Suitland, MD, to house NMAI collections, for which Congress appears to
have provided the bulk of funds, $92.1 million in September 2021 dollars.
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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.
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
Constant 2021 Dollars, Millions
NMAI
Amount
NMAAHC
Amount
FY1989-FY2003 Operations
$348.12
FY2006-FY2020 Operations
$382.50
Appropriations, Museum
Appropriations, Museum
Planning, Design, Construction,
$257.98
Planning, Design, Construction,
$297.98
Exhibits
Exhibits
Appropriations, First 15 Years
$606.11
Appropriations, First 15 Years
$680.47
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 September 2021 dol ars. NMAI construction costs are based on
the costs of three facilities, including a museum on the National Mall, for which Congress agreed to appropriate
two-thirds of costs, $148.17 mil ion in September 2021 dol ars; a second museum in New York, for which
Congress agreed to appropriate one-third of the costs, $17.47 mil ion in September 2021 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, $92.4 mil ion in September 2021 dol ars. NMAAHC constructions costs are based on its National
Mall 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.
Selected Legislation, 117th Congress (2021-2022)
In each Congress, numerous measures that could potentially affect Smithsonian operations are
typically introduced. This section discusses proposed legislation to authorize new facilities or
programming within the Smithsonian in the 117th Congress to date.44
H.R. 139—National Jazz Preservation, Education, and Promulgation
Act of 2021
On January 4, 2021, Representative Sheila Jackson Lee introduced H.R. 139, the National Jazz
Preservation, Education, and Promulgation Act of 2021. The bill 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.
44 This section excludes discussion of measures that consider SI appropriations, joint resolutions to appoint citizen
Regents, assignment of a congressional gold medal to the Smithsonian for display and research, general government
initiatives that include the Smithsonian among other government entities, and other proposals.
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SI would be required to record interviews with leading jazz artists; acquire, preserve, interpret,
and share jazz artifacts; continue to recognize Jazz Appreciation Month;45 and encourage and
engage in capacity building with community-based and regional organizations with the potential
to establish jazz archival collections.
H.R. 139 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.
H.R. 139 was referred on January 4, 2021, 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 fall within the jurisdiction of
the committee concerned. No further action has been taken as of the date of this report.
H.R. 1175—Smithsonian and National Gallery of Art Collections
Space Authorization Act
On February 18, 2021, Representative Lucille Roybal-Allard introduced H.R. 1175, the
Smithsonian and National Gallery of Art Collections Space Authorization Act. The bill would
authorize the Regents and the trustees of NGA to construct and use a collections storage space at
the Smithsonian museum support facility in Suitland, MD, to accommodate the care,
preservation, conservation, storage, and study of their collections.
H.R. 1175 was referred on February 18, 2021 to the Committee on House Administration, and in
addition to the Committee on Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned. On February 19, the measure was referred to the
Subcommittee on Economic Development, Public Buildings, and Emergency Management of the
Committee on Transportation and Infrastructure. No further action has been taken as of the date
of this report.
H.R. 3019—COVID-19 Memorial Quilt Act of 2020
On May 7, 2021, Representative Andre Carson of Indiana introduced H.R. 3019, 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.
According to Representative Carson’s introductory remarks in the House, the bill 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 Mall and other locations.46
H.R. 3019 was referred on May 7, 2021, to the Committee on House Administration, and in
addition, to the Committee on Education and Labor, for a period to be subsequently determined
45 April, see NMAH, https://americanhistory.si.edu/smithsonian-jazz/jazz-appreciation-month.
46 Representative Andre Carson, “Introduction of the COVID-19 Memorial Quilt Act Of 2021,” Extension of Remarks,
Congressional Record, daily edition, vol. 167, part 79 (May 7, 2021), pp. E481-E482.
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Smithsonian Institution: Background, Issues for Congress, and Selected Legislation
by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of
the committee concerned. No further action has been taken as of the date of this report.
H.R. 3525—Commission to Study the Potential Creation of a
National Museum of Asian Pacific American History and Culture
Act
On May 25, 2021, Representative Grace Meng of New York introduced H.R. 3525, the
Commission to Study the Potential Creation of a National Museum of Asian Pacific American
History and Culture Act. The bill 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 to the President and Congress 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, including consideration of
whether the museum should be a part of the Smithsonian;
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. 3525 was referred on May 25, 2021, 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 fall within the jurisdiction of
the committee concerned. No further action has been taken as of the date of this report.
H.R. 4372—Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2022, Potential Museum Acquisition
Consideration of annual appropriations for the Smithsonian is beyond the scope of this report. In
the report to accompany H.R. 4372, Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2022, the House Committee on Appropriations stated that it
“encourages the Smithsonian to work with the National Museum of American Jewish History
(NMAJH) to explore a plan for acquisition of the Museum and report back within 180 days of
enactment” of H.R. 4372.47
H.R. 4372 was introduced by Representative Chellie Pingree on July 6, 2021, reported as an
original measure of the Committee on Appropriations, and placed on the Union Calendar on the
same day. No further action has been taken as of the date of this report.
47 U.S. Congress, House Committee on Appropriations,
Department of the Interior, Environment, and Related Agencies
Appropriations Act, 2022, Report to accompany H.R. 4372, 117th Cong., 1st sess., July 6, 2021 (Washington: GPO,
2021), p. 138, https://www.congress.gov/117/crpt/hrpt83/CRPT-117hrpt83.pdf.
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Smithsonian Institution: Background, Issues for Congress, and Selected Legislation
Author Information
R. Eric Petersen
Specialist in American National Government
Acknowledgments
Carol Wilson, Research Librarian, and Julie Jennings, Senior Research Librarian, provided extensive
research assistance. Jim Uzel, Geospatial Information Systems Analyst, created
Figure 1.
Disclaimer
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