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.
Short Title
This Act may be cited as the Smithsonian Modernization Act of 2022
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Appointment of Members of Smithsonian Board of Regents
Number of Members; Appointment of All Members From List of Nominees
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.
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List of Nominees
Section 5580 of the Revised Statutes of the United States (20 U.S.C. 42(a)) is amended—
by redesignating subsection (b) as subsection (c); and
by inserting after subsection (a) the following new subsection:
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.
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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
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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.
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:
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.
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—
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
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.
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.
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Application of open government laws to Smithsonian Institution
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:
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.
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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;
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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;
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Effective date and application
Effective Date
This section and the amendments made by this section shall take effect on the date of enactment of this Act.
Application
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.
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.