II 110th CONGRESS 2d Session S. 3276 IN THE SENATE OF THE UNITED STATES July 16, 2008 Mr. Grassley (for himself and Mr. Specter) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To provide for the application of sections 552, 552a, and 552b of title 5, United States Code (commonly referred to as the Freedom of Information Act and the Privacy Act), and the Federal Advisory Committee Act (5 U.S.C. App.) to the Smithsonian Institution, and for other purposes.

1.

Short title

This Act may be cited as the Open and Transparent Smithsonian Act of 2008.

2.

Application of open government statutes to the Smithsonian Institution

(a)

In General

The following provisions shall apply to the Smithsonian Institution: (1)Section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). (2)Sections 552a of title 5, United States Code (commonly referred to as the Privacy Act). (3)Sections 552b of title 5, United States Code (relating to open meetings). (4)The Federal Advisory Committee Act (5 U.S.C. App.). (b)

Agency

For purposes of each provision of law under subsection (b)— (1)the Smithsonian Institution shall be an agency; and (2)the Secretary of the Smithsonian Institution shall be the head of the agency. (c)

Effective date and application

(1)

Effective Date

This section shall take effect on the date of enactment of this Act. (2)

Application

This section shall apply to— (A)all actions taken by the Board of Regents of the Smithsonian Institution or any officer or employee of the Smithsonian Institution before, on, or after the date of enactment of this Act; (B)any record created before, on, or after that date; and (C)any meeting held before, on, or after that date.

3.

Disclosure of information to Chairperson or Ranking Member of Committee of Congress

Section 552a(b)(9) of title 5, United States Code (commonly referred to as the Privacy Act), is amended— (1)by inserting (A) after (9); (2)by adding or after the semicolon; and (3)by adding at the end the following: (B)to the chairperson or ranking member of a committee, subcommittee, or joint committee described under subparagraph (A) upon the request of that chairperson or ranking member; .