The Introduction of the Open and Transparent Smithsonian Act of 2015

Floor Speech

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Ms. NORTON. Mr. Speaker, today, I introduce the Open and Transparent Smithsonian Act of 2015 to further ensure that the Smithsonian Institution is accountable to the public for the taxpayer funds it receives. The bill provides that, for the purposes of the Freedom of Information Act (FOIA) and the Privacy Act, the Smithsonian should be considered a federal agency. This bill is necessary because there is no reason why the Smithsonian should not be accountable to the public for the annual federal appropriations it receives, which account for 70 percent of its budget. Although the Smithsonian was created by Congress as a federal trust, it receives the great majority of its funding from the federal government, much like federal agencies, and has always been treated as a federal agency except for FOIA and other open government laws. In the 1990s, the U.S. Court of Appeals for the District of Columbia Circuit found under the current act that the Smithsonian is not a federal agency for purposes of FOIA and the Privacy Act. The Smithsonian's website states that it is ``not an Executive Branch agency, and FOIA does not apply to the Smithsonian.''

This bill would amend FOIA and the Privacy Act to apply to the Smithsonian, which would require the institution to make administrative staff manuals, interpretations of law or regulations, final opinions, policies, and other records available to the public. The bill would also require the Smithsonian's Board of Regents and other boards to hold meetings to the public.

The current absence of transparency at the Smithsonian should be of concern, particularly in light of its recent history of secrecy and corruption. In 2007, an independent review found that the Smithsonian Board of Regents had violated many principles of good management Regents during the tenure of Lawrence Small as Secretary of the Smithsonian. The report indicated that the Board had failed to provide the needed oversight, had over-compensated the Secretary, and had allowed the creation of an ``insular culture.'' The report further found that the Smithsonian's deputy secretary and chief operating officer, Sheila Burke, was frequently absent from her duties because of outside activities, including service on corporate boards, for which she earned more than $1.2 million over six years. Importantly, the report indicated that Smithsonian leaders took great measures to keep secret these missteps and mismanagement.

While the Smithsonian has since had new leaders, who are moving away from the mistakes of the past, Congress has not ensured that the Smithsonian is a transparent entity, which should not depend on who is in charge. An entity supported primarily by federal funds must be accountable to the American people.
I urge my colleagues to support this measure.

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