Norton Introduces Bill to Increase Transparency and Accountability at the Smithsonian Institution
WASHINGTON, D.C.—Congresswoman Eleanor Holmes Norton (D-DC) today continued her efforts to reform the Smithsonian Institution by introducing the Open and Transparent Smithsonian Act of 2015 to ensure that the Smithsonian is accountable to the public, whose taxpayer funds it receives. Norton said her bill would increase needed transparency by holding the Smithsonian to the requirements of the Freedom of Information Act (FOIA) and the Privacy Act. Norton earlier this week introduced the Smithsonian Modernization Act of 2015 to require the Smithsonian's Board of Regents to be comprised entirely of private citizens, who can assist with fundraising, to replace highly-placed public officials currently serving on the board.
"The Smithsonian Institution could not continue as the nation's foremost cultural institution without the 70 percent of its budget that comes from federal taxpayers," Norton said. "There is no reason why its operations and deliberations should be kept from the public. The Smithsonian is not a private club. Even publically-traded corporations must have public meetings, save specifically named exceptions. FOIA requirements are quite ordinary rules that all federal agencies in an open and democratic society must follow, such as making board meetings and administrative records, among others, publically available, except for traditionally confidential matters, such as internal personnel issues and trade secrets. The recent history of mismanagement at the Smithsonian took place out of sight in a tax-supported entity whose meetings and proceedings were closed to the public. The fiduciary responsibility of the Smithsonian Regents demands not only considerable attention to ensure appropriate oversight, but also ensuring the public the opportunity to assess both the tax-supported entity and its federal overseers."
The full text of Norton's introductory statement is below.
Statement of Congresswoman Eleanor Holmes Norton
On the Introduction of the
Open and Transparent Smithsonian Act of 2015
July 29, 2015
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.