H.R. 9363 – Smithsonian Modernization Act of 2022

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Updated February 8, 2026 at 6:28 PM UTC

The Smithsonian Modernization Act of 2022 updates how the Smithsonian Institution is governed and makes it subject to federal open‑government laws. It requires all 21 members of the Board of Regents to be appointed by the President from lists of nominees submitted by the House Speaker and the Senate Majority Leader, and it sets new term lengths and a larger quorum. The bill also treats the Smithsonian as a federal agency for purposes of the Freedom of Information Act, the Privacy Act, and open‑meeting requirements.

Key Provisions

Board of Regents will have 21 members, all appointed by the President from 12 nominees each submitted by the House Speaker and Senate Majority Leader, with two members required to reside in Washington, D.C.
The quorum for board actions is increased from eight members to seventeen.
Regents will serve uniform six‑year terms; new appointees receive initial two‑year or four‑year terms to stagger future appointments.
The Smithsonian Institution is designated as an agency under the Freedom of Information Act, the Privacy Act, and the open‑meetings statute, making its records and meetings subject to those laws.
These changes take effect on the date the Act is enacted.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the Committee on House Administration, and in addition to the Committee on Oversight and Reform, 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.

Committee on House Administration

November 29, 2022

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HouseIntro Referral

Introduced in House

November 29, 2022

HouseIntro Referral

Referred to the Committee on House Administration, and in addition to the Committee on Oversight and Reform, 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.

Committee on House Administration

November 29, 2022

Bill Text

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Introduced in HouseIssued November 29, 2022

I

117th CONGRESS

2d Session

H. R. 9363

IN THE HOUSE OF REPRESENTATIVES

November 29, 2022

Mr. Sempolinski introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Oversight and Reform, 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

A BILL

To revise the composition of the Board of Regents of the Smithsonian Institution so that all members are individuals appointed by the President from a list of nominees submitted by the leadership of the Congress, to amend the Freedom of Information Act and the Privacy Act to apply the requirements of such Acts to the Smithsonian Institution, and for other purposes.

1.

Short Title

This Act may be cited as the Smithsonian Modernization Act of 2022.

2.

Appointment of Members of Smithsonian Board of Regents

(a)

Number of Members; Appointment of All Members From List of Nominees

(1)

In general

Section 5580(a) of the Revised Statutes of the United States (20 U.S.C. 42(a)) is amended by striking to be composed of and all that follows and inserting the following: to be composed of 21 members appointed by the President from among the list of nominees submitted under subsection (b), of whom 2 shall be residents of the District of Columbia..

(2)

List of Nominees

Section 5580 of the Revised Statutes of the United States (20 U.S.C. 42(a)) is amended—

(A)

by redesignating subsection (b) as subsection (c); and

(B)

by inserting after subsection (a) the following new subsection:

(b)

The Speaker of the House of Representatives and the Majority Leader of the Senate shall each submit to the President a list of 12 nominees for appointment as members of the Board of Regents.

.

(3)

Revision of quorum

Section 5582 of the Revised Statutes of the United States (20 U.S.C. 44) is amended by striking eight shall constitute a quorum and inserting 17 shall constitute a quorum.

(4)

No effect on current citizen Regents

Nothing in the amendments made by this subsection may be construed to affect the authority of any individual who serves as a Regent of the Smithsonian Institution as of the date of the enactment of this Act pursuant to a joint resolution of the Congress to continue to serve as a Regent after that date.

(b)

Uniform Term of Service

Section 5581 of the Revised Statutes of the United States (20 U.S.C. 43) is amended to read as follows:

5581.

(a)

Except as provided in subsections (b) and (c), each Regent of the Smithsonian Institution shall be appointed for a term of 6 years, and may be reappointed for additional terms.

(b)

Of the Regents who are appointed after the date of the enactment of the Smithsonian Modernization Act of 2022 who were not serving as Regents prior to that date—

(1)

4 shall be appointed for a term of 2 years (as designated in the joint resolution under which they are appointed) and may be reappointed for additional terms of 6 years; and

(2)

4 shall be appointed for a term of 4 years (as designated in the joint resolution under which they are appointed) and may be reappointed for additional terms of 6 years.

(c)

Any Regent appointed to fill a vacancy occurring before the expiration of the term for which the Regent’s predecessor was appointed shall be appointed only for the remainder of that term. A Regent may serve after the expiration of that Regent’s term until a successor has taken office.

.

3.

Application of open government laws to Smithsonian Institution

(a)

Freedom of Information Act

Section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act) is amended by adding at the end the following new subsection:

(n)

For purposes of this section, the Smithsonian Institution shall be considered an agency, and the Secretary of the Smithsonian Institution shall be considered the head of the agency.

.

(b)

Privacy Act

Section 552a(a)(1) of title 5, United States Code (commonly referred to as the Privacy Act), is amended by striking the semicolon at the end and inserting , except that such term also includes the Smithsonian Institution;.

(c)

Requiring Open Meetings

Section 552b(a)(1) of title 5, United States Code (relating to open meetings) is amended by striking the semicolon at the end and inserting , except that such term also includes the Smithsonian Institution;.

(d)

Effective date and application

(1)

Effective Date

This section and the amendments made by this section shall take effect on the date of enactment of this Act.

(2)

Application

(A)

Freedom of Information Act; Privacy Act

Subsections (a) and (b) and the amendments made by such subsections shall apply to any record created before, on, or after the date of the enactment of this Act.

(B)

Open meetings

Subsection (c) and the amendments made by such subsection shall apply to any meeting held on or after the date of the enactment of this Act.