Introduction of the Open and Transparent Smithsonian Act of 2013

Floor Speech

Ms. NORTON. Mr. Speaker, today I introduce the Open and Transparent Smithsonian Act of 2013 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 shall be considered a federal agency.

The bill complements my Smithsonian Modernization Act and my Smithsonian Free Admission Act. I introduce these three bills today to make the Smithsonian accountable 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. However, in the 1990s, the U.S. Court of Appeals for the District of Columbia Circuit found that the Smithsonian is not a federal agency for purposes of FOIA and the Privacy Act. Indeed, the Smithsonian's website clearly states that it is ``not an Executive Branch agency, and FOIA does not apply to the Smithsonian.''

This lack of transparency is of great concern, particularly in light of the Smithsonian's 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 during the tenure of Lawrence Small as Secretary of the Smithsonian. The report indicated that the Board had failed to provide desperately needed oversight, had overcompensated 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, had frequent absences 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 now has new leaders, who are moving away from the mistakes of the past, its transparency should not depend on who is in charge. An entity supported primarily by the federal government must be accountable to the American people. The American people have a right to know that their interests are being served.

I urge my colleagues to support this measure.

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