Smithsonian Facilities Authorization Act
PL 108-72 (H.R.2195), enacted 08/15/2003

117 STAT. 888
PUBLIC LAW 108–72—AUG. 15, 2003
Public Law 108–72
108th Congress
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 Authoriza-
tion Act’’.
SEC. 2. ADDITIONAL SPACE AND RESOURCES FOR NATIONAL COLLEC-
TIONS 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 COLLEC-
TIONS 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 accommo-
date 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—
20 USC 75b note.
20 USC 41 note.
Smithsonian
Facilities
Authorization
Act.
Aug. 15, 2003
[H.R. 2195]
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117 STAT. 889
PUBLIC LAW 108–72—AUG. 15, 2003
(1) submitted by the Secretary of the Smithsonian Institu-
tion (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 Preserva-
tion a reasonable opportunity to comment with regard to
such improvements.
(2) STATUS
OF
SMITHSONIAN.—In carrying out this sub-
section, 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 valu-
able national American treasure’’.
5 USC 3521 note.
Applicability.
41 USC 253l–8.
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117 STAT. 890
PUBLIC LAW 108–72—AUG. 15, 2003
LEGISLATIVE HISTORY—H.R. 2195:
CONGRESSIONAL RECORD, Vol. 149 (2003):
July 15, considered and passed House.
July 31, considered and passed Senate.
(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 appre-
ciated as broadly as possible and should be part of the edu-
cational 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 organiza-
tions.
(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.
Approved August 15, 2003.
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