H. R. 2195

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, two thousand and three

An Act

To provide for additional space and resources for national collections held by the

Smithsonian Institution, 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 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—
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(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’’.
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(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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.