All eyes are on the Smithsonian following the announcement that the National Gallery of Art in Washington D.C. would cancel its diversity, equity and inclusion programs in accordance with an executive order, signed by President Trump’s within hours of taking office, that eliminates all federally funded DEI initiatives.
According to a memo of the United States Office of Personnel Management that was obtained by CBS and confirmed by White House press secretary Karoline Leavitt, federal employees in any DEI office were to be put on paid leave “no later than 5:00pm EST on Wednesday” while steps are taken “to close/end all DEIA initiatives, offices and programs.”
But the Smithsonian, which oversees 21 museums, including ones dedicated to American art, portraiture, and African American history and culture, has a unique structure. That means the decision to adhere to Trump’s freshly penned executive order isn’t so clear.
According to the Congressional Research Service, the Smithsonian Institution is unlike other governmental bodies—it is “organizationally separate and distinct from the legislative, executive, or judicial branches of the national government.” Created by Congress in 1846, the Smithsonian Institution’s roots are in a bequest from James Smithson, an English scientist who died in 1829 and left his estate to the federal government. As a result the Smithsonian is a “trust instrumentality of the United States,” overseen by a Board of Regents with representation from all three branches of government.
More importantly, only 53 percent of the Smithsonian’s funding comes from federal appropriations, according to the Institution’s 2023 annual report. The rest of the organization’s revenue comes from contributions and grants, business interests, and endowment payout.
Technically, many Smithsonian employees work for the federal government. The Smithsonian would likely need to comply with aspects of the order related to programs or activities funded by federal appropriations or involving federal employees. However, its trust-funded operations and non-federal staff activities would not fall under the order’s scope.
The National Gallery of Art is not a Smithsonian entity, but its decision to end DEI programs has raised concerns about whether other museums that receive federal funding will follow suit. The Smithsonian’s website still lists a head diversity officer and director of access. Another page notes that Smithsonian Affiliations, a program that allows over 200 museums and organizations to borrow works and share educational strategies with the Smithsonian Institute, still embraces DEAI (diversity, equity, accessibility, and inclusion) “as part of its organizational story.”
The Smithsonian declined to comment on its DEI program funding, whether its DEAI office employees have been put on leave, or whether it plans on closing down those offices.
