[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3149 Engrossed in Senate (ES)]
107th CONGRESS
2d Session
S. 3149
_______________________________________________________________________
AN ACT
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.
Passed the Senate October 17, 2002.
Attest:
Secretary.
107th CONGRESS
2d Session
S. 3149
_______________________________________________________________________
AN ACT
To provide authority for the Smithsonian Institution to use voluntary
separation incentives for personnel flexibility, and for other
purposes.