[Congressional Record (Bound Edition), Volume 149 (2003), Part 15]
[Senate]
[Pages 20809-20810]
[From the U.S. Government Publishing Office, www.gpo.gov]




 PROVIDING FOR ADDITIONAL SPACE AND RESOURCES FOR NATIONAL COLLECTIONS 
                  HELD BY THE SMITHSONIAN INSTITUTION

  Mr. SUNUNU. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of H.R. 2195.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 2195) to provide for additional space and 
     resources for national collections held by the Smithsonian 
     Institution, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. LEAHY. Mr. President, Larry Small, Secretary of the Smithsonian, 
has provided a letter to the majority and minority leaders that 
clarifies the intentions of the Smithsonian with regard to Section 5 of 
H.R. 2195.
  I ask unanimous consent that the letter from Secretary Small 
concerning this clarification of how the Smithsonian will proceed with 
voluntary separation incentive payments be made part of the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                      Smithsonian Institution,

                                    Washington, DC, July 31, 2003.
     Hon. Bill Frist,
     Majority Leader, U.S. Senate,
     Washington, DC.
     Hon. Tom Daschle,
     Minority Leader, U.S. Senate,
     Washington, DC.
       Dear Leader Frist and Leader Daschle: In discussions to 
     facilitate the Senate's consideration of H.R. 2195, the 
     ``Smithsonian Facilities Authorization Act,'' the Smithsonian 
     Institution would like to clarify its intentions with regard 
     to Section 5, providing authority for voluntary separation 
     incentive payments, or buyouts. This letter gives a detailed 
     explanation of how we will proceed with the buyout.
       If this legislation is enacted, the Secretary of the 
     Smithsonian Institution will have the authority to offer 
     separation incentives to employees who voluntarily retire or 
     resign. Incentives will be offered on the basis of 
     organizational unit, occupational series or level, geographic 
     location, specific window periods, skills, knowledge, other 
     job related factors, or a combination of such factors. An 
     incentive payment will be the lesser of the amount of 
     severance pay the employee would be entitled to if the 
     employee were entitled to a severance payment, or an amount 
     determined by the Secretary not to exceed $25,000. We will 
     offer buyouts for no more than three years from the date of 
     enactment of H.R. 2195.
       Any employee is eligible for the buyout if he or she is 
     serving under an appointment without time limitation and has 
     been employed for at lest three years continuously in the 
     civil service at the Smithsonian. Employees not eligible for 
     the buyout are reemployed annuitants, employees eligible for 
     disability retirement, employees about to be separated for 
     misconduct or unacceptable performance, employees who have 
     previously received a voluntary separation incentive payment, 
     employees who are on transfer from an agency of the Executive 
     Branch, and employees who had received a recruitment or 
     relocation bonus, a retention allowance, or a student loan 
     repayment.
       The Secretary will devise a plan outlining the intended use 
     of voluntary separation incentive payments. The plan will 
     include the

[[Page 20810]]

     specific positions and functions to be reallocated, a 
     description of the categories of employees to be offered 
     incentives, the time period during which incentives may be 
     paid, the number and amounts of the incentive payments, and a 
     description of how the Smithsonian will operate after 
     positions and functions are reallocated. The Secretary will 
     consult with the Office of Management and Budget regarding 
     the Institution's plan prior to implementation and will 
     provide an organization chart for the Smithsonian Institution 
     reflecting its operations after incentive payments have been 
     completed.
       In addition, buyouts will only be made in the case of an 
     employee who voluntarily separates and will be paid in a lump 
     sum after the employee's separation. Buyouts will not be the 
     basis for payments or included in the computation on any 
     other type of governments benefit, will not be taken into 
     account in determining the amount of severance pay, and will 
     be taken from appropriations or funds available for the basic 
     pay of the employee.
       We will amend our administrative procedures and make clear 
     the buyout offer that any employee who accepts the voluntary 
     separation incentive payment and then accepts employment for 
     compensation with the Federal Government within five years 
     will be required to repay to the Smithsonian Institution, 
     prior to the individual's first day of employment, the entire 
     amount of the voluntary separation incentive payment. This 
     repayment requirement may be waived in certain circumstances, 
     as detailed in the Homeland Security Act (Public Law 107-
     296).
       The purpose of the buyout is not to reduce employment at 
     the Smithsonian but to reconfigure the workforce to meet 
     current and future needs.
       I hope this information is useful. Please do not hesitate 
     to contact me if you have any further questions. The passage 
     of the ``Smithsonian Facilities Authorization Act'' prior to 
     the August recess is extremely important to the Institution.
           All the best,
                                                Lawrence M. Small,
                                                        Secretary.

  Mr. SUNUNU. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, that 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 (H.R. 2195) was read the third time and passed.

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