[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.

____________________