[Congressional Record Volume 149, Number 104 (Tuesday, July 15, 2003)]
[House]
[Pages H6713-H6715]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                SMITHSONIAN FACILITIES AUTHORIZATION ACT

  Mr. NEY. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 2195) to provide for additional space and resources for national 
collections held by the Smithsonian Institution, and for other 
purposes.
  The Clerk read as follows:

                               H.R. 2195

       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 Facilities 
     Authorization Act''.

     SEC. 2. 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 
     special use 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;
       ``(2) $10,000,000 for fiscal year 2004; and
       ``(3) such sums as are necessary for each of fiscal years 
     2005 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).''.

     SEC. 3. PATENT OFFICE BUILDING IMPROVEMENTS.

       (a) Authorization of Use of Funds.--
       (1) In general.--The Board of Regents of the Smithsonian 
     Institution may plan, design, and construct improvements to 
     the interior and exterior of the Patent Office Building 
     (including the construction of a roof covering for the 
     courtyard), using funds available to the Institution from 
     nonappropriated sources.
       (2) Definition.--In this section, the term ``Patent Office 
     Building'' means the building transferred to the Smithsonian 
     Institution pursuant to Public Law 85-357.
       (b) Design and Specifications.--The design and 
     specifications for any exterior alterations authorized by 
     subsection (a) shall be--
       (1) submitted by the Secretary of the Smithsonian 
     Institution (referred to in this section as 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 section 16 of the Act of 
     June 20, 1938 (sec. 6-641.15, D.C. Official Code).
       (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 in carrying out other projects in the 
     District of Columbia which are subject to the review and 
     approval of the National Capital Planning Commission in 
     accordance with section 16 of the Act of June 20, 1938 (sec. 
     6-641.15, D.C. Official Code), 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).

     SEC. 4. CONTRACTING AUTHORITY OF SECRETARY.

       (a) In General.--The Secretary of the Smithsonian 
     Institution may--
       (1) enter into multi-year contracts for the acquisition of 
     property and services under the authority of section 304B of 
     the Federal Property and Administrative Services Act of 1949 
     (41 U.S.C. 254c); and
       (2) enter into contracts for the acquisition of severable 
     services for a period that begins in one fiscal year and ends 
     in the next fiscal year under the authority of section 303L 
     of the Federal Property and Administrative Services Act of 
     1949 (41 U.S.C. 253l).
       (b) Effective Date.--This section shall apply to contracts 
     entered into on or after the date of the enactment of this 
     Act.

     SEC. 5. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

       The Secretary of the Smithsonian Institution may establish 
     a program for making voluntary separation incentive payments 
     for employees of the Smithsonian Institution which is 
     substantially similar to the program established under 
     subchapter II of chapter 35 of title 5, United States Code 
     (as added by section 1313(a) of the Homeland Security Act of 
     2002).

     SEC. 6. SENSE OF CONGRESS REGARDING JAZZ APPRECIATION MONTH.

       (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 one 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 has played a vital role in 
     the preservation of American culture, including art and 
     music.
       (7) 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.
       (8) 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's National Museum of 
     American History should be commended for establishing a Jazz 
     Appreciation Month; and
       (2) 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Ohio (Mr. Ney) and the gentleman from Connecticut (Mr. Larson) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Ohio (Mr. Ney).

                              {time}  1030

  Mr. NEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 2195 authorizes the Smithsonian Institution to 
undertake several important activities important to their operations. 
The legislation authorizes construction at the Patent Office Building, 
as well as construction of a storage facility that is needed for 
storing items from the National Museum of Natural History.

[[Page H6714]]

  Additionally, the bill provides for employee buyout authority as a 
necessary tool to meet budgetary constraints; and, finally, there is 
language recognizing the contributions of jazz music in our culture.
  H.R. 2195 authorizes the Smithsonian Institution to use their trust 
funds to plan, design, and construct improvements to the interior and 
exterior of the Patent Office Building.
  The Smithsonian requires this authorization to design and build a 
cover over the courtyard in the center of the Patent Office Building, 
which houses the Smithsonian American Art Museum and the National 
Portrait Gallery.
  Executive branch agencies benefit from the savings and flexibility 
from the multi-year contracts for their construction and services 
projects. The bill provides these same advantages to the Smithsonian.
  The Smithsonian also wants to clarify its relationships with the 
Advisory Council on Historic Preservation and the National Capital 
Planning Commission, and this bill achieves that goal.
  With regard to the Institution's future budgetary constraints, the 
Smithsonian Institution will need to realign its workforce in the 
coming years. They seek authority to offer incentives for the departure 
of Federal personnel eligible for retirement or early retirement.
  H.R. 2195 also provides for a new storage facility. The Natural 
History Museum on the Mall stores the National Collections biological 
specimens, which require an off-site storage facility that would be 
authorized in this bill. This new facility will be built in Suitland, 
Maryland, where the collections would be moved.
  Finally, the bill commends the National Museum of American History 
for establishing Jazz Appreciation Month, a time for educational events 
and celebrations in honor of this uniquely American art form.
  This bill was introduced by our Member Regents, who serve on the 
Smithsonian's governing board; and I want to thank the gentleman from 
Connecticut (Mr. Larson) and members of the committee for expediting 
this bill to the floor today.
  I also want to conclude my remarks by saying this is a bill that has 
no objection. I want to thank the gentleman from Ohio, my colleague 
(Mr. Regula), who actually has a district that joins mine. He has been 
an absolutely tremendous Member of Congress who has looked out over the 
Smithsonian, the great important Smithsonian, and has always risen to 
the occasion to make sure that our national treasure has always done 
the best it can do; and this bill will take care of a few issues that I 
think are of critical importance. I want to conclude by saying we 
thank, on behalf of the entire country, the gentleman from Ohio (Mr. 
Regula).
  Mr. Speaker, I submit for the Record two letters regarding H.R. 2195, 
a bill to provide for additional space and resources for national 
collections held by the Smithsonian Institution. The letter references 
a dialogue between Chairman Tom Davis and myself in response to a 
jurisdictional claim in relation to H.R. 2195.

                                         House of Representatives,


                            Committee on House Administration,

                                    Washington, DC, July 14, 2003.
     Hon. Tom Davis,
     Chairman, Committee on Government Reform, Rayburn House 
         Office Building, Washington, DC.
       Dear Mr. Davis: I am writing in response to your 
     jurisdictional assertions concerning H.R. 2195, the 
     Smithsonian Facilities Authorization Act. We agree with your 
     jurisdictional claim on sec. 4, regarding the contracting 
     authority of the Secretary, and we appreciate your agreement 
     to move forward on this important legislation.
           Sincerely,
                                                          Bob Ney,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Government Reform,

                                    Washington, DC, July 14, 2003.
     Hon. Robert W. Ney,
     Chairman, Committee on House Administration, House of 
         Representatives, Washington, DC.
       Dear Mr. Ney: I am writing to confirm our mutual 
     understanding with respect to the consideration of H.R. 2195, 
     the ``Smithsonian Facilities Authorization Act.'' The 
     Committee on Government Reform has jurisdiction over the 
     Federal Property and Administrative Services Act of 1949. The 
     Committee has a jurisdictional interest in section 4 of H.R. 
     2195, Contracting Authority of Secretary, because it expands 
     the reach of the 1949 Property Act.
       In the interests of moving this important legislation 
     forward, I do not intend to ask for sequential referral of 
     this bill. However, I do so only with the understanding that 
     this procedural route should not be construed to prejudice 
     the Committee on Government Reform's jurisdictional interest 
     and prerogatives on the provision or any other similar 
     legislation and will not be considered as precedent for 
     consideration of matters of jurisdictional interest to my 
     Committee in the future. I respectfully request your support 
     for the appointment of outside conferees from the Committee 
     on Government Reform should these provisions or similar 
     provisions be considered in a conference with the Senate.
       Finally, I would ask that you include a copy of our 
     exchange of letters on this matter in the Congressional 
     Record during House debate of the bill. If you have questions 
     regarding this matter, please do not hesitate to call me. I 
     thank you for your consideration.
           Sincerely,
                                                        Tom Davis,
                                                         Chairman.

  Mr. Speaker, I reserve the balance of my time.
  Mr. LARSON of Connecticut. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I associate myself with the distinguished chairman from 
Ohio (Mr. Ney) and his remarks. I would like to commend as well the 
gentleman from Ohio (Mr. Regula), the gentleman from Texas (Mr. Sam 
Johnson) and the gentleman from California (Mr. Matsui) for all their 
efforts and hard work with respect to this legislation.
  Mr. Speaker, this legislation enhances the ability of the Smithsonian 
to modernize its operations and to improve the level of services it 
provides for the American people. The Smithsonian clearly is a national 
treasure, and this simply will enhance its opportunity and its 
capability to continue to provide the American people with the greatest 
treasures on Earth.
  Mr. Speaker, I am pleased to support H.R. 2195, the Smithsonian 
Facilities Authorization Act, which authorizes a number of Smithsonian 
construction projects, and provides authority to the Secretary of the 
Smithsonian to make management improvements through more effective use 
of contracts and buy-out authority. The bill was introduced by 
Representative Regula and cosponsored by Representatives Sam Johnson of 
Texas and Matsui, our three members of the Smithsonian Board of Regents 
from the House of Representatives.
  This legislation is very similar to a bill scheduled for passage at 
the end of the 107th Congress, but which was pulled back because of 
some last-minute confusion as the House was considering dozens of bills 
by unanimous consent. There was no opposition and it should have been 
enacted into law at that time. The legislation is not controversial and 
I urge speedy passage without amendments.
  H.R. 2195 was referred to the House Administration Committee as the 
primary committee, with an additional referral to Transportation and 
Infrastructure, which also supports the bill. It is my understanding 
that the Senate is prepared to take up this legislation promptly if the 
House acts favorably here today.
  Among its key provisions, section 2 of the bill would authorize $2 
million in FY 2003, $10 million in FY 2004, and necessary sums in 
fiscal years 2005 through 2008 for the planning, design and 
construction of ``Pod 5'' at the Museum Support Center in Suitland, 
Maryland, to house the National Collections, which are biological 
specimens currently stored in approximately 365,000 gallons of alcohol 
in the National Museum of Natural History on the National Mall. It is 
estimated that it will take roughly three years to build Pod 5, of 
which 20 months would be actual construction.
  Section 3 would authorize the Smithsonian to use private funds to 
construct improvements, including a new roof, for the courtyard of the 
Patent Office Building. The building houses the Smithsonian American 
Art Museum and the National Portrait Gallery. The Smithsonian will 
organize a national design competition using trust funds under its 
control, to plan and design the new roof. The building itself is 
expected to reopen in 2006.
  Section 4 would authorize the secretary to enter into contracts for 
the acquisition of property and services pursuant to the Federal 
Property and Administrative Services Act of 1949. Section 5 would 
authorize the Secretary to establish a program for making voluntary 
separation incentive payments for employees, to better manage its 
workforce.
  Section 6 is sense of Congress language commending the Smithsonian's 
National Museum of American History for establishing the month of April 
as Jazz Appreciation Month.
  I urge an ``aye'' vote on this important legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. NEY. Mr. Speaker, I yield 5 minutes to the distinguished 
gentleman from Ohio (Mr. Regula).

[[Page H6715]]

  Mr. REGULA. Mr. Speaker, I thank the gentleman for yielding me time.
  I am here on behalf of myself, the gentleman from Texas (Mr. Sam 
Johnson) and the gentleman from California (Mr. Matsui). The three of 
us represent the House on the Board of Regents the governing body of 
the Smithsonian; it is a great institution, something that has won 
worldwide acclaim for the collections, for the way in which it 
interprets the history of the United States as well as other parts of 
the world.
  I rise today in support of H.R. 2195, the Smithsonian Facilities 
Authorization Act. As a member of the Board of Regents, I am pleased to 
see this bill brought to the floor today; and I want to thank my 
colleague, the gentleman from Ohio (Mr. Ney), and also the gentleman 
from Connecticut (Mr. Larson) for recognizing the importance of a 
timely passage of this bill and for their efforts to expedite the bill 
through the Committee on House Administration.
  H.R. 2195 authorizes a trust fund improvement to the Patent Office 
Building, most notably the courtyard enclosure. These improvements are 
critical steps in the renovation of the Old Patent Office Building and 
to reopening the historic building for the public to enjoy. And 
certainly ``for the public to enjoy'' is a true statement, because 
people coming to visit the Nation's capital put a visit to the 
Smithsonian on a high priority on their list of places to see.
  Additionally, the bill authorizes funding for planning, design, and 
construction of the Pod 5 facility at Suitland. This authorization will 
facilitate the evolving needs of the biological research community at 
large.
  One of the lesser-known functions of the Smithsonian is the 
preservation of all kind of things that are valuable to research 
people. We have no idea how much how much their collections are used by 
the research community; and, therefore, it is important that we have 
adequate facilities to take care of these.
  H.R. 2195 provides the Secretary of the Smithsonian Institution with 
continuous contracting authority for the Pod 5 project which will make 
future phasing more efficient and economically sound.
  Finally, the bill recognizes the efforts of the National Museum of 
American History to establish Jazz Appreciation Month. Acknowledging 
the Smithsonian's jazz collections is important to bringing attention 
to our Nation's oldest and most comprehensive program in this 
inherently American art form.
  Again, I would like to express my appreciation to the gentleman from 
Ohio (Mr. Ney) for promptly seeing this bill through the Committee on 
House Administration, and I look forward to having it passed by this 
body.
  Mr. OBERSTAR. Mr. Speaker, I rise in support of H.R. 2195, a bill to 
provide additional space and resources for the national collections 
held by the Smithsonian Institute. I commend the Gentleman from Ohio, 
Congressman Regula, for introducing the bill, which is co-sponsored by 
two of our colleagues, Congressmen Johnson and Matsui, who also serve 
on the Smithsonian Institution's Board of Regents.
  The bill authorizes the Smithsonian's Board of Regents to plan, 
design, construct, and equip additional special use storage and 
laboratory space for the museum support facility in Suitland, Maryland. 
The Transportation and Infrastructure Committee, on which I serve as 
Ranking Member, has jurisdiction over these activities of the 
Smithsonian, and the Committee will review and approve any design plans 
for this facility once they are completed.
  The bill also clarifies and refines the role of the Smithsonian in 
the renovation of the Patent Office Building, while retaining the 
appropriate roles of the National Capitol Planning Commission and the 
Commission on Fine Arts. This building houses the Smithsonian's 
American Art Museum and National Portrait Gallery and is currently 
closed for extensive renovation. It is scheduled to reopen in 2006. In 
addition, the bill brings the Smithsonian into line with other 
executive branch agencies regarding competitive procedures for awarding 
contracts.
  As is current practice, the Smithsonian will continue to submit its 
construction projects to the Transportation and Infrastructure 
Committee for approval buy Committee resolution.
  I support H.R. 2195 and again thank the bill's sponsors for their 
attention to these matters.
  Mr. LARSON of Connecticut. Mr. Speaker, I have no further requests 
for time, and I yield back the balance of my time.
  Mr. NEY. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Shaw). The question is on the motion 
offered by the gentleman from Ohio (Mr. Ney) that the House suspend the 
rules and pass the bill, H.R. 2195.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________