[House Report 116-286]
[From the U.S. Government Publishing Office]
116th Congress } { Rept. 116-286
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
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SMITHSONIAN WOMEN'S HISTORY MUSEUM ACT
_______
November 13, 2019.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Ms. Lofgren, from the Committee on House Administration, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1980]
[Including cost estimate of the Congressional Budget Office]
The Committee on House Administration, to whom was referred
the bill (H.R. 1980) to establish in the Smithsonian
Institution a comprehensive women's history museum, and for
other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 5
Statement of General Performance Goals and Objectives............ 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Earmarks and Tax and Tariff Benefits............................. 5
Committee Cost Estimate.......................................... 5
Congressional Budget Office Estimate............................. 5
Federal Mandates Statement....................................... 7
Duplication of Federal Programs.................................. 7
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Explanation of Amendment......................................... 9
Additional Views................................................. 10
AMENDMENT
The amendment (stated in terms of the page and line numbers
of the introduced bill) is as follows:
Page 6, insert after line 4 the following:
(4) Ensuring diversity of political viewpoints in
exhibits and programs.--In carrying out its duties, the
council shall ensure that the exhibits and programs of
the museum reflect the diversity of the political
viewpoints held by women of the United States on the
events and issues relating to the history of women in
the United States.
PURPOSE AND SUMMARY
H.R. 1980 would establish in the Smithsonian Institution a
comprehensive women's history museum.
BACKGROUND AND NEED FOR LEGISLATION
Efforts to legislatively advance a women's history museum
goes back to the 105th Congress.\1\ During the 113th Congress,
Representative Carolyn Maloney of New York introduced H.R. 863,
a bill to create a commission to study the potential creation
of a National Women's History Museum. H.R. 863 was reported
favorably to the House by both the Committee on House
Administration and the Committee on Natural Resources.\2\
During the markup of H.R. 863 by the Committee, then Chairman
Candice S. Miller of Michigan stated:
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\1\See H.R. 4722 (105th Congress).
\2\H.Rept. 113-411, Parts 1 and 2.
Establishing a commission is a step in the right
direction to fully explore how such a museum would
integrate with our existing national institutions,
especially the Smithsonian, as well as regional and
local cultural institutions, what it will cost, how we
can fund it, and where would we put it? These issues,
and I am sure many more, are some areas that a
commission will discuss, investigate, and make
recommendations for consideration.\3\
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\3\Committee on House Administration, Markup of H.R. 863,
Commission to Study the Potential Creation of a National Women's
History Museum Act of 2013, April 2, 2014, 113th Congress.
The language of H.R. 863 was included as section 3056 in
H.R. 3979, the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act, 2015, which was
subsequently enacted.\4\
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\4\P.L. 113-291, 128 Stat. 3292, 3810-3813.
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The Congressional Commission on the American Museum of
Women's History released its report on November 16, 2016.\5\
The Commission recommended that ``America needs and deserves a
physical national museum dedicated to showcasing the historical
experiences and impact of women in this country'' and that such
a museum be part of the Smithsonian Institution.
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\5\Congressional Commission to Study the Potential Creation of an
American Museum of Women's History, Report to the President of the
United States and Congress, November 16, 2016, available at http://
amwh.us/report/wp-content/uploads/2016/11/AWMH_11_07_16_Digital.pdf.
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The report listed 19 reasons ``we need to build this
museum:''
1. There has never been a better time for the
American Museum of Women's History.
2. There has never been a more important time for the
American Museum of Women's History.
3. U.S. history is not complete without women's
history. Absent women's history, only half of the
nation's story is being told--women's history is
American history.
4. Across the board, the American Museum of Women's
History will meet an existing and increasing appetite
for more information on women's dynamic participation
in American history.
5. The AMWH will educate, inspire, and meet our
nation's need for diverse role models for girls as well
as boys.
6. The AMWH will shape the future as it makes the
past come alive for present generations, planting the
seeds for ideas and personal growth.
7. The contributions and experiences of American
women to American history deserve national celebration
and recognition.
8. The design of the AMWH will support a mission of
innovative and compelling storytelling that is
accessible to all.
9. The AMWH will be unique, relevant, and have an
important impact on the future.
10. The AMWH will focus on American women in their
many roles.
11. The AMWH will present difficult subjects in well
researched, balanced and inclusive ways.
12. The AMWH will add to the presentation of our
nation's history.
13. Via its national research center and other
digital outlets, the AMWH will help create a nationwide
network of museums and other sites around women's
history.
14. The AMWH will develop key partnerships with
museums nationwide.
15. Top-notch scholarship will be central to the
AMWH, in a way that both informs and engages. A
Research Center will be a core component of this
effort.
16. The Museum will strengthen educational missions
city-wide by creating content bridges that reach to
other D.C. museums.
17. The AMWH will be a popular destination for
tourists, and its creation makes good business sense
for Washington, D.C.
18. Women make up a majority of our population. The
AMWH will have a natural built-in audience of
influential decision makers, public advocates and
financial supporters.
19. Location does matter. A prominent site among some
of the country's most highly regarded museums in the
epicenter of our nation's capital sends an important
message to our fellow citizens, especially young
people: women matter, and women's history matters.\6\
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\6\Id., at 16-23 (emphasis in original).
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During the 115th Congress Representative Maloney introduced
H.R. 19, the Smithsonian Women's History Museum Act. Upon
introduction, Representative Maloney stated that:
This bill has been decades in the making and it is
based on the excellent American Museum of Women's
History Congressional Commission final report, which
was the result of 18 months of thorough study. The bill
would establish a Smithsonian museum dedicated to
women's history prominently located on the National
Mall. It calls for the Smithsonian Board of Regents to
designate a site for the museum within six months of
enactment, and the cost of construction would be raised
privately. The museum will be governed by a 25-member
Advisory Council appointed by the Board of Regents.
This measure was referred to three committees: House
Administration; Natural Resources; and Transportation and
Infrastructure. No action was taken on this measure, ultimately
cosponsored by 257 Members.
Representative Maloney introduced H.R. 1980 on March 28,
2019.
June 4, 2019 marked the Centennial of Congressional passage
of the 19th Amendment, with the House passing the proposed
amendment (H.J. Res. 1) on May 21, 2019 on a vote of 304-90,\7\
and the Senate June 4, 1919 on a vote of 56-25.\8\ On August
18, 1920, the 19th amendment was ratified.
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\7\58 Cong. Rec. 77-94.
\8\58 Cong. Rec. 615-635.
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As Chair of the Board for the National Women's History
Museum, Susan Whiting put it in a 2017 article:
This brings us to one conclusion: Our collective
national story is incomplete. The history we learned as
children and that children are being taught in
classrooms today doesn't tell the full story. When we
don't include women's contributions to history, we're
teaching a story riddled with holes.\9\
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\9\Susan Whiting, ``Why We Need a National Women's History
Museum,'' Time, May 10, 2017 (https://time.com/4774629/us-needs-
national-womens-history-museum/).
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HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress the following hearing was used to develop or
consider H.R. 1980:
On Wednesday, September 18, 2019, the Committee held
a hearing titled ``Oversight of the Smithsonian
Institution.'' The following witnesses testified: Mr.
Lonnie G. Bunch, III, Secretary, Smithsonian
Institution, and Cathy L. Helm, Inspector General,
Smithsonian Institution.
COMMITTEE CONSIDERATION
On Tuesday, November 12, 2019, the Committee met in open
session, a quorum being present to consider H.R. 1980. There
was one amendment which was offered and which was adopted by
voice vote. The Committee ordered the bill H.R. 1980, as
amended, favorably reported to the House by voice vote.
COMMITTEE VOTES
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes taken in connection with consideration
of H.R. 1980. A motion to order H.R. 1980, as amended, reported
favorably to the House was agreed to by voice vote, a quorum
being present.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XII of the Rules of the
House, the general performance goals and objectives of this
legislation is to authorize the establishment in the
Smithsonian Institution of a comprehensive women's history
museum.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND
TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
EARMARKS AND TAX AND TARIFF BENEFITS
H.R. 1980 contains no congressional earmarks, limited tax
benefits, or limited tariff benefits as described in clauses
9(e), 9(f), and 9(g) of rule XXI of the Rules of the House.
COMMITTEE COST ESTIMATE
The Committee adopts as its own the cost estimate on H.R.
1980 prepared by the Director of the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 1980 provided by the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
H.R. 1980 would authorize the appropriation of whatever
amounts are necessary for the Smithsonian Institution to plan,
construct, and operate a museum dedicated to women's history.
The bill would establish a council within the Smithsonian
Institution to advise the Board of Regents on museum
operations, acquire artifacts, create exhibitions, and raise
funds for the museum. Additionally, the bill would permit the
Smithsonian Institution to appoint a Director to manage the
museum and to carry out educational programs related to women's
history. H.R. 1980 would allow the Board of Regents to select a
site and design and construct the museum. Fifty percent of the
total construction cost would be financed by the Smithsonian
Institution with nonappropriated funds that do not appear on
the federal budget.
CBO estimates that implementing H.R. 1980 would cost $190
million over the 2020-2029 period: $83 million for construction
and $107 million for staffing, planning, creating exhibits and
educational programs, and operating the museum. This estimate
is based on information from the Smithsonian Institution about
similar efforts, and from the report to the Congress from the
Commission to Study the Potential Creation of a National
Women's History Museum. Based on specifications from the
Commission, CBO expects that a site for the museum would be
chosen in 2021 and that the site would be under 100,000 square
feet.
For this estimate, CBO assumes that H.R. 1980 will be
enacted near the beginning of 2020. Estimated outlays are based
on historical spending patterns. The costs of the legislation,
detailed in Table 1, fall within budget function 500
(education, training, employment, and social services.)
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1980
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By fiscal year, millions of dollars--
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2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2020-2024 2020-2029
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Construction:
Estimated Authorization................................. 0 0 1 2 7 7 28 26 20 9 10 100
Estimated Outlays....................................... 0 0 * 1 3 5 11 19 24 20 4 83
Planning and Initial Staff:
Estimated Authorization................................. 2 5 5 10 10 10 10 15 20 25 32 112
Estimated Outlays....................................... 2 4 5 9 10 10 10 14 19 24 30 107
Total Changes:
Estimated Authorization............................. 2 5 6 12 17 17 38 41 40 34 42 212
Estimated Outlays................................... 2 4 5 10 13 15 21 33 43 44 34 190
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* = between zero and $500,000.
The CBO staff contact for this estimate is Meredith Decker.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of House rule XIII, the
committee states that no provision of this resolution
establishes or reauthorizes a program of the Federal Government
known to be duplicative of another Federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
This section would provide the short title of H.R. 1980 as
the ``Smithsonian Women's History Museum Act.''
Section 2. Findings
This section provides findings that the United States has
greatly benefited from the contributions of women; that
historical accounts, monuments, memorials, and museums
disproportionally represent the achievements and contributions
of men while often neglecting women; that there exists no
national museum in the United States devoted to the
documentation of women's contributions, and that establishing a
comprehensive women's history museum is necessary to more
accurately depict the history of the United States and would
add value to the Smithsonian Institution.
Section 3. Establishment of museum
This section would establish within the Smithsonian
Institution a comprehensive women's history museum and lists
the purpose of such a museum to include the collection, study,
and establishment of programs relating to women's contributions
to various fields throughout different periods of history that
have influenced the direction of the United States; to
collaborate with other Smithsonian Institution operations,; and
to create exhibitions and programs recognizing diverse
perspectives on women's history and contributions.
Section 4. Council
This section would establish a council responsible for
planning, design and construction of the museum. Additional
council responsibilities would include assisting the Board of
Regents in operating the museum; recommending operating budgets
and providing annual budgets to the Board of regents; adopting
council bylaws; acquiring artifacts for collections and
disposing of those artifacts only to raise funds for additional
collections; specifying criteria for use of collections and
museum resources; preserving the collections; soliciting and
accepting gifts; and ensuring diversity of political viewpoints
in exhibits and programs.
The council would be comprised of 25 voting members,
including the Secretary of the Smithsonian, one member of the
Board of Regents, and 23 individuals appointed by the Board of
Regents. Members of the council would select a chairperson by
majority vote and serve three-year, staggered terms with no
pay. Members are limited to two terms. The council would be
required to meet no less than twice per year and not less than
four times in the year subsequent to the first council meeting.
Section 5. Director and staff of the museum
This section would provide for a museum director to be
appointed by the Secretary of the Smithsonian after considering
individuals recommended by the council. The Director would be
responsible for managing the museum subject to the policies of
the Board of Regents. The Secretary of the Smithsonian would
also be able to appoint two additional employees to serve under
the Director. These employees would paid without regard to
General Schedule pay rates.
Section 6. Educational and liaison programs
This section would authorize educational and liaison
programs that support museum goals and would require the
Director to carry out educational programs in collaboration
with elementary, secondary and postsecondary schools.
Section 7. Building
This section would require the designation of a site for
the museum no later than six months after the enactment of the
bill. The Board of Regents may select any appropriate location
in consultation with the council. Two preferred sites are
identified, the ``South Monument site,'' on the National Mall
opposite the National Museum of African American History and
Culture and the ``Northwest United States Capitol site,''
located at of 3rd Street NW and Constitution Avenue NW. A
number of factors are listed for consideration of a possible
site, including consideration of the cost, proximity to other
buildings and transportation and the recommendations of the
Commission to Study the Potential Creation of a National
Women's History Museum.
In addition, this section would direct the Board of
Regents, in choosing a site, to consult with: the National
Capital Planning Commission; the Commission of Fine Arts; the
Commission to Study the Potential Creation of a National
Women's History Museum; the House Appropriations Committee; the
House Administration Committee; the House Transpiration and
Infrastructure Committee; the Senate Appropriations Committee;
and the Senate Rules and Administration Committee.
This section would furthermore require the transfer of the
designated site to the Smithsonian if the museum is in an area
under the administrative jurisdiction of a Federal agency and
instructs the Board of Regents to prioritize a site on the
National Mall. It would also make inapplicable certain
provisions relating to monuments and commemorative works.
Finally, this section would mandate cost sharing with the
Federal funds being responsible for 50 percent of the costs of
this section and 50 percent coming from non-federal sources.
Section 8. Definitions
This section would provide definitions for Board of
Regents, Congressional Commission, and Secretary.
Section 9. Authorization of appropriations
This section would authorize appropriations for FY2020 and
each succeeding fiscal year to be available until expended and
would allow appropriations to be used to conduct fundraising in
support of the museum.
EXPLANATION OF AMENDMENT
An amendment offered by Representative Walker of North
Carolina to ensure diversity of political viewpoints in
exhibits and programs, which the Committee adopted by voice
vote.
ADDITIONAL VIEWS
Congress has an important role to study pending
legislation, create a thorough legislative record, and weigh
all public policy concerns for any legislation before it. Once
legislation is passed, committees have a responsibility to
conduct comprehensive oversight of laws and entities under
their jurisdiction. Several of these steps were skipped prior
to the Committee on House Administration reporting H.R. 1980 to
the House. There still exists several issues surrounding the
creation of a new national Women's History Museum that are
outlined in these views. Ranking Member Davis intends on
exploring these issues through oversight of the Smithsonian
Institution as H.R. 1980 proceeds through the legislative
process.
Size of the Museum
The American Museum of Women's History Congressional
Commission (``Commission'') was tasked with studying the
potential creation of an American Museum of Women's History and
issued their report in November 2016. The report indicated a
conservatively-sized museum of 75,000-90,000 square feet would
be appropriate. This is significantly smaller than other
Smithsonian museum.\1\ The National Museum of African-American
History and Culture (``African American Museum'') is over
600,000 square feet and the National Museum of the American
Indian (``American Indian Museum'') is over 400,000 square
feet.\2\ The smaller scale envisioned by the Commission is not
adequate to cover the scope and breadth of a women's history
museum and the anticipated visitation. These concerns were
echoed by Secretary of the Smithsonian, Lonnie G. Bunch, who
sent Ranking Member Davis a letter stating he could not imagine
the museum being less than 350,000 square feet.\3\ The
Commission's report also notes that non-pubic areas of the
space, including collection storage, would be housed off-
site.\4\ This off-site storage could require the use of an
additional building, which would require a further
congressional authorization.
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\1\By comparison, the National Museum of African American History
and Culture is over 600,000 square feet. Letter from Lonnie G. Bunch,
Sec'y, Smithsonian Inst. to Congressman Rodney Davis (Nov. 5, 2019), on
file with the Committee.
\2\Id. at 58.
\3\Letter from Lonnie G. Bunch, Sec'y, Smithsonian Inst. to
Congressman Rodney Davis (Nov. 5, 2019), on file with the Committee.
\4\By comparison, the National Museum of African American History
and Culture is over 600,000 square feet. Letter from Lonnie G. Bunch,
Sec'y, Smithsonian Inst. to Congressman Rodney Davis (Nov. 5, 2019), on
file with the Committee at 69.
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Size is a crucial consideration in the establishment of a
new museum as it affects programming, location and cost.
Congress has provided direction on the size of new museums in
the past. The enabling legislation for the American Indian
Museum authorized no less than 400,000 square feet for the
facilities.\5\ Legislation introduced in the 116th Congress
establishing a National Museum of the American Latino provides
for no less square footage than what is recommended in the
final report of the National Museum of the American Latino
Commission (359,422 square feet.)\6\
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\5\Pub. L. No. 101-185.
\6\National Museum of the American Latino Act, H.R. 2420, 116th
Cong. (2019).
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Cost
The size of the museum also impacts construction and
operations costs. The Congressional Budget Office (CBO) cost
estimate for H.R. 1980 assumes a museum of 100,000 square feet.
However, in his letter addressed to the House Administration
Committee, Smithsonian Institute Secretary Lonnie Bunch stated
the proposed 100,000 square feet ``cannot adequately capture
the full breadth of experience shared by more than one half of
our population,'' and the Smithsonian Institute does not think
it is possible ``in a space under 350,000 square feet.''\7\ It
has not been discussed how the larger size will increase
construction costs, operating costs, or maintenance costs.
Congress should have a comprehensive understanding of costs as
an ongoing federal commitment is necessary to sustain the
museum. To this end Ranking Member Davis wrote to Dr. Keith
Hall, Director of CBO, asking for a revised cost estimate for
H.R. 1980.\8\
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\7\Letter from Lonnie G. Bunch, Sec'y, Smithsonian Inst. to
Congressman Rodney Davis (Nov. 5, 2019), on file with the Committee.
\8\Letter from Congressman Rodney Davis to Dr. Keith Hall,
Director, Congressional Budget Office (Nov. 7, 2019), on file with the
Committee.
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Location
H.R. 1980 directs the Smithsonian Board of Regents to
select from one of two named sites or an alternative location
identified by the Board. A comprehensive site assessment should
be conducted on these locations to determine suitability for a
museum of the appropriate size. By comparison, the statute
establishing the American Indian Museum identified the specific
site, and for the African American Museum, the statute mandated
one of four specific options. Legislation could provide the
Board of Regents for the Women's History Museum the authority
to select a site not identified by Congress.
Capacity of Smithsonian
As the Majority is aware, the Smithsonian faces several
facilities challenges: (1) a deferred maintenance backlog of
over $1 billion; (2) a $900 million renovation of the National
Air and Space Museum; (3) and 47% of collections storage space,
across the entire Smithsonian, identified as unacceptable.
Currently, the Minority is unaware of the Smithsonian's
specific plan and timing to address these issues. If there is
such a plan, the addition of a new museum will undoubtedly
further delay its implementation. Last Congress, the
Smithsonian Secretary testified that the Institution did not
have the capacity to bring a new museum to fruition given these
challenges.
Legislation establishing the American Indian Museum and the
African American Museum were the subject of hearings held at
this Committee. A national museum celebrating women's history
deserves no less consideration. The Minority would like to hold
a hearing on the proposal and pursue any other appropriate
mechanisms to examine these issues with the intention of
providing a solid foundation for a Smithsonian Women's History
Museum.
Rodney Davis,
Ranking Member.