[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3149 Considered and Passed Senate (CPS)]

  2d Session
                                S. 3149

 To provide authority for the Smithsonian Institution to use voluntary 
    separation incentives for personnel flexibility, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 17, 2002

  Mr. Frist (for himself, Mr. Leahy, and Mr. Cochran) introduced the 
following bill; which was read twice, considered, read the third time, 
                               and passed

_______________________________________________________________________

                                 A BILL


 
 To provide authority for the Smithsonian Institution to use voluntary 
    separation incentives for personnel flexibility, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Smithsonian Institution Personnel 
Flexibility Act of 2002''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Employee.--
                    (A) In general.--The term ``employee'' means an 
                employee of the Smithsonian Institution in the civil 
                service who--
                            (i) is serving under an appointment without 
                        time limitation; and
                            (ii) has been employed for a continuous 
                        period of at least 3 years in the civil service 
                        at the Smithsonian Institution.
                    (B) Exclusion.--The term ``employee'' does not 
                include--
                            (i) a reemployed annuitant under subchapter 
                        III of chapter 83 or chapter 84 of title 5, 
                        United States Code or any other retirement 
                        system for employees of the Federal Government;
                            (ii) an employee having a disability on the 
                        basis of which the employee is, or would be, 
                        eligible for disability retirement under 
                        subchapter III of chapter 83 or chapter 84 of 
                        title 5, United States Code, or any other 
                        retirement system for employees of the Federal 
                        Government;
                            (iii) an employee who is in receipt of a 
                        decision notice of involuntary separation for 
                        misconduct or unacceptable performance;
                            (iv) an employee who has previously 
                        received any voluntary separation incentive 
                        payment from the Federal Government under this 
                        Act or any other authority;
                            (v) an employee covered by statutory 
                        reemployment rights who is on transfer 
                        employment with another organization; or
                            (vi) any employee who--
                                    (I) during the 24-month period 
                                preceding the employee's date of 
                                separation, received and did not repay 
                                a recruitment or relocation bonus under 
                                section 5753 of title 5, United States 
                                Code;
                                    (II) within the 12-month period 
                                preceding the employee's date of 
                                separation, received and did not repay 
                                a retention allowance under section 
                                5754 of title 5, United States Code; or
                                    (III) within the 36-month period 
                                preceding the employee's date of 
                                separation, received and did not repay 
                                funds provided for student loan 
                                repayment under section 5379 of title 
                                5, United States Code;
                        unless the paying agency has waived its right 
                        of recovery of those funds.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Smithsonian Institution.

SEC. 3. AUTHORITY TO PROVIDE VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

    (a) In General.--The Secretary may pay, or authorize the payment 
of, voluntary separation incentive payments to employees of the 
Smithsonian Institution only in accordance with the plan required under 
section 4.
    (b) Voluntary Separation Incentive Payments.--A voluntary 
separation incentive payment--
            (1) shall be offered to employees on the basis of--
                    (A) organizational unit;
                    (B) occupational series or level;
                    (C) geographic location;
                    (D) specific periods during which eligible 
                employees may elect a voluntary separation incentive 
                payment;
                    (E) skills, knowledge, or other job-related 
                factors; or
                    (F) a combination of any of the factors specified 
                in subparagraphs (A) through (E);
            (2) shall be paid in a lump sum after the employee's 
        separation;
            (3) shall be in an amount equal to the lesser of--
                    (A) the amount the employee would be entitled to 
                receive under section 5595(c) of title 5, United States 
                Code, if the employee were entitled to payment under 
                that section (without adjustment for any previous 
                payment made); or
                    (B) an amount determined by the Secretary, not to 
                exceed $25,000;
            (4) may be made only in the case of an employee who 
        voluntarily separates (whether by retirement or resignation) 
        under this Act;
            (5) shall not be a basis for payment, and shall not be 
        included in the computation, of any other type of Federal 
        Government benefit;
            (6) shall not be taken into account in determining the 
        amount of any severance pay to which the employee may be 
        entitled under section 5595 of title 5, United States Code, 
        based on any other separation; and
            (7) shall be paid from appropriations or funds available 
        for the payment of the basic pay of the employee.
    (c) Limitation.--No amount shall be payable under this Act based on 
any separation occurring more than 3 years after the date of enactment 
of this Act.

SEC. 4. INSTITUTION PLAN; CONSULTATION.

    (a) In General.--Before obligating any resources for voluntary 
separation incentive payments under section 3, the Secretary shall 
develop a plan outlining--
            (1) the intended use of such incentive payments; and
            (2) a proposed organizational chart for the Smithsonian 
        Institution once such incentive payments have been completed.
    (b) Plan.--The Smithsonian Institution's plan under subsection (a) 
shall include--
            (1) the specific positions and functions of the Smithsonian 
        Institution to be reallocated;
            (2) a description of which categories of employees will be 
        offered voluntary separation incentive payments;
            (3) the time period during which voluntary separation 
        incentive payments may be paid;
            (4) the number and amounts of voluntary separation 
        incentive payments to be offered; and
            (5) a description of how the Smithsonian Institution will 
        operate with the reallocation of positions to other functions.
    (c) Consultation.--The Secretary shall consult with the Office of 
Management and Budget regarding the Smithsonian Institution's plan 
prior to implementation.

SEC. 5. EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE FEDERAL GOVERNMENT.

    (a) Definition of Employment.--In this section the term 
``employment''--
            (1) in subsection (b), includes employment under a personal 
        services contract with the Federal Government (other than the 
        legislative branch); and
            (2) in subsection (c), does not include employment under a 
        contract described in paragraph (1).
    (b) Repayment Requirement.--Except as provided in subsection (c), 
an individual who has received a voluntary separation incentive payment 
under section 3 and accepts any employment for compensation with the 
Federal Government (other than the legislative branch) within 5 years 
after the date of the separation on which the payment is based shall be 
required to pay to the Smithsonian Institution, prior to the 
individual's first day of employment, the entire amount of the 
voluntary separation incentive payment.
    (c) Waiver of Repayment Requirement.--
            (1) Executive branch.--If the employment under this section 
        is with an Executive agency (as defined in section 105 of title 
        5, United States Code) other than the United States Postal 
        Service or the Postal Rate Commission, the Director of the 
        Office of Personnel Management may, at the request of the head 
        of the agency, waive the repayment if--
                    (A) the individual involved possesses unique 
                abilities; or
                    (B) in the case of an emergency involving a direct 
                threat to life or property, the individual involved--
                            (i) has skills directly related to 
                        resolving the emergency; and
                            (ii) will serve on a temporary basis only 
                        so long as that individual's services are made 
                        necessary by the emergency.
            (2) Judicial branch.--If the employment under this section 
        is with the judicial branch, the Director of the Administrative 
        Office of the United States Courts may waive the repayment if 
        the individual involved--
                    (A) possesses unique abilities; and
                    (B) is the only qualified applicant available for 
                the position.

SEC. 6. ADDITIONAL SPACE AND RESOURCES FOR NATIONAL COLLECTIONS HELD BY 
              THE SMITHSONIAN INSTITUTION.

    (a) In General.--Public Law 94-98 (20 U.S.C. 50 note; 89 Stat. 480) 
is amended by adding at the end the following:

``SEC. 4. ADDITIONAL SPACE AND RESOURCES FOR NATIONAL COLLECTIONS HELD 
              BY THE SMITHSONIAN INSTITUTION.

    ``(a) In General.--The Board of Regents of the Smithsonian 
Institution may plan, design, construct, and equip additional storage 
and laboratory space at the museum support facility of the Smithsonian 
Institution in Suitland, Maryland, to accommodate the care, 
preservation, conservation, deposit, and study of national collections 
held in trust by the Institution.
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $2,000,000 for fiscal year 2003; and
            ``(2) such sums as are necessary for each of fiscal years 
        2004 through 2008.''.
    (b) Conforming Amendment.--Section 3 of Public Law 94-98 (20 U.S.C. 
50 note; 89 Stat. 480) is amended in the first sentence by striking 
``the purposes of this Act.'' and inserting ``this Act (other than 
section 4).''.
    (c) Museum Support Center.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Smithsonian Institution may enter into a single 
        procurement contract for the construction of additional 
        facilities at the Museum Support Center of the Institution.
            (2) Requirement.--The contract entered into under paragraph 
        (1) and the solicitation for the contract shall include the 
        clause specified in section 52.232-18 of title 48, Code of 
        Federal Regulations.

SEC. 7. PATENT OFFICE BUILDING IMPROVEMENTS.

    (a) Authorization.--Pursuant to sections 5579, 5583, 5586, and 5588 
of the Revised Statutes (20 U.S.C. 41, 46, 50, and 52) and Public Law 
85-357 (72 Stat. 68), the Board of Regents of the Smithsonian 
Institution may plan, design, and construct improvements, which may 
include a roof covering for the courtyard, to the Patent Office 
Building transferred to the Smithsonian Institution by Public Law 85-
357 (72 Stat. 68) in order to provide increased public space, enhanced 
visitors' services, and improved public access.
    (b) Design and Specifications.--The design and specifications for 
any exterior alterations authorized by subsection (a) shall be--
            (1) submitted by the Secretary to the Commission of Fine 
        Arts for comments and recommendations; and
            (2) subject to the review and approval of the National 
        Capital Planning Commission in accordance with section 8722 of 
        title 40, United States Code, and D.C. Code 6-641.15.
    (c) Authority of Historic Preservation Agencies.--
            (1) In general.--The Secretary shall--
                    (A) take into account the effect of the 
                improvements authorized by subsection (a) on the 
                historic character of the Patent Office Building; and
                    (B) provide the Advisory Council on Historic 
                Preservation a reasonable opportunity to comment with 
                regard to such improvements.
            (2) Status of smithsonian.--In carrying out this 
        subsection, and for other projects in the District of Columbia 
        subject to the review and approval of the National Capital 
        Planning Commission in accordance with D.C. Code 6-641.15, the 
        Smithsonian Institution shall be deemed to be an agency for 
        purposes of compliance with regulations promulgated by the 
        Advisory Council on Historic Preservation pursuant to section 
        106 of the National Historic Preservation Act (16 U.S.C. 470f).
    (d) Renovation of Patent Office Building.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Smithsonian Institution may enter into a single 
        procurement contract for the repair and renovation of the 
        Patent Office Building.
            (2) Requirement.--The contract entered into under paragraph 
        (1) and the solicitation for the contract shall include the 
        clause specified in section 52.232-18 of title 48, Code of 
        Federal Regulations.

SEC. 8. SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) On December 4, 1987, Congress approved House Concurrent 
        Resolution 57, designating jazz as ``a rare and valuable 
        national American treasure''.
            (2) Jazz has inspired some of the Nation's leading creative 
        artists and ranks as 1 of the greatest cultural exports of the 
        United States.
            (3) Jazz is an original American art form which has 
        inspired dancers, choreographers, poets, novelists, filmmakers, 
        classical composers, and musicians in many other kinds of 
        music.
            (4) Jazz has become an international language that bridges 
        cultural differences and brings people of all races, ages, and 
        backgrounds together.
            (5) The jazz heritage of the United States should be 
        appreciated as broadly as possible and should be part of the 
        educational curriculum for children in the United States.
            (6) The Smithsonian Institution's National Museum of 
        American History has established April as Jazz Appreciation 
        Month to pay tribute to jazz as both a historic and living 
        American art form.
            (7) The Smithsonian Institution's National Museum of 
        American History has received great contributions toward this 
        effort from other governmental agencies and cultural 
        organizations.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Smithsonian Institution has played a vital role in 
        the preservation of American culture, including art and music;
            (2) the Smithsonian Institution's National Museum of 
        American History should be commended for establishing a Jazz 
        Appreciation Month; and
            (3) musicians, schools, colleges, libraries, concert halls, 
        museums, radio and television stations, and other organizations 
        should develop programs to explore, perpetuate, and honor jazz 
        as a national and world treasure.
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