[Congressional Record (Bound Edition), Volume 148 (2002), Part 15]
[Senate]
[Pages 21102-21104]
[From the U.S. Government Publishing Office, www.gpo.gov]




       SMITHSONIAN INSTITUTION PERSONNEL FLEXIBILITY ACT OF 2002

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of S. 3149 submitted earlier today by 
Senators Leahy, Frist, and Cochran.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 3149) to provide authority for the Smithsonian 
     Institution to use voluntary separation incentives for 
     personnel flexibility, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. REID. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements regarding this matter be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 3149) was read a third time and passed, as follows:

                                S. 3149

       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.

[[Page 21103]]



     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.

[[Page 21104]]

       (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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