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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3567 Engrossed Amendment Senate (EAS)]

103d CONGRESS

  2d Session

                               H. R. 3567

_______________________________________________________________________

                               AMENDMENT
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                               June 27 (legislative day, June 7), 1994.
      Resolved, That the bill from the House of Representatives (H.R. 
3567) entitled ``An Act to amend the John F. Kennedy Center Act to 
transfer operating responsibilities to the Board of Trustees of the 
John F. Kennedy Center for the Performing Arts, and for other 
purposes'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``John F. Kennedy Center Act 
Amendments of 1994''.

SEC. 2. FINDINGS, BUREAU, BOARD OF TRUSTEES, AND ADVISORY COMMITTEE.

    (a) Findings.--Section 1 of the John F. Kennedy Center Act (20 
U.S.C. 76h note) is amended--
            (1) by striking ``Section 1.'' and inserting the following:

``SECTION 1. SHORT TITLE AND FINDINGS.

    ``(a) Short Title.--''; and
            (2) by adding at the end the following new subsection:
    ``(b) Findings.--Congress finds that--
            ``(1) the late John Fitzgerald Kennedy served with 
        distinction as President of the United States and as a Member 
        of the Senate and the House of Representatives;
            ``(2) by the untimely death of John Fitzgerald Kennedy the 
        United States and the world have suffered a great loss;
            ``(3) the late John Fitzgerald Kennedy was particularly 
        devoted to education and cultural understanding and the 
        advancement of the performing arts;
            ``(4) it is fitting and proper that a living institution of 
        the performing arts, designated as the National Center for the 
        Performing Arts, named in the memory and honor of this great 
        leader, shall serve as the sole national monument to his memory 
        within the District of Columbia and its environs;
            ``(5) such a living memorial serves all of the people of 
        the United States by preserving, fostering, and transmitting 
        the performing arts traditions of the people of the United 
        States and other countries by producing and presenting music, 
        opera, theater, dance, and other performing arts; and
            ``(6) such a living memorial should be housed in the John 
        F. Kennedy Center for the Performing Arts, located in the 
        District of Columbia.''.
    (b) Ex Officio Trustees.--
            (1) In general.--Section 2 of such Act (20 U.S.C. 76h) is 
        amended--
                    (A) by striking the section heading and all that 
                follows before ``There is hereby'' and inserting the 
                following:

``SEC. 2. BOARD OF TRUSTEES.

    ``(a) Establishment.--'';
                    (B) in the first sentence, by inserting ``as the 
                National Center for the Performing Arts, a living 
                memorial to John Fitzgerald Kennedy,'' after 
                ``thereof''; and
                    (C) in the second sentence--
                            (i) by striking ``Chairman of the District 
                        of Columbia Recreation Board'' and inserting 
                        ``Superintendent of Schools of the District of 
                        Columbia''; and
                            (ii) by striking ``three Members of the 
                        Senate'' and all that follows before ``ex 
                        officio'' and inserting ``the chairman and 
                        ranking minority member of the Committee on 
                        Public Works and Transportation of the House of 
                        Representatives and 3 additional Members of the 
                        House of Representatives appointed by the 
                        Speaker of the House of Representatives, and 
                        the chairman and ranking minority member of the 
                        Committee on Environment and Public Works of 
                        the Senate and 3 additional Members of the 
                        Senate appointed by the President of the 
                        Senate''.
            (2) Effective dates.--
                    (A) Superintendent of schools of the district of 
                columbia.--The amendment made by paragraph (1)(C)(i) 
                shall take effect on the date of expiration of the term 
                of the Chairman of the District of Columbia Recreation 
                Board serving as a trustee of the John F. Kennedy 
                Center for the Performing Arts on the date of enactment 
                of this Act.
                    (B) Members of congress.--The amendment made by 
                paragraph (1)(C)(ii) shall take effect on the date of 
                enactment of this Act.
    (c) General Trustees.--Subsection (b) of section 2 of such Act is 
amended to read as follows:
    ``(b) General Trustees.--The general trustees shall be appointed by 
the President of the United States. Each trustee shall hold office as a 
member of the Board for a term of 6 years, except that--
            ``(1) any member appointed to fill a vacancy occurring 
        before the expiration of the term for which the predecessor of 
        the member was appointed shall be appointed for the remainder 
        of the term;
            ``(2) a member shall continue to serve until the successor 
        of the member has been appointed; and
            ``(3) the term of office of a member appointed before the 
        date of enactment of the John F. Kennedy Center Act Amendments 
        of 1994 shall expire as designated at the time of 
        appointment.''.
    (d) Advisory Committee on the Arts.--Section 2(c) of such Act is 
amended--
            (1) by inserting ``Advisory Committee on the Arts.--'' 
        before ``There shall be'';
            (2) in the first sentence, by inserting ``of the United 
        States'' after ``President'' the first place it appears;
            (3) in the fifth sentence, by striking ``cultural 
        activities to be carried on in'' and inserting ``cultural 
        activities to be carried out by''; and
            (4) in the last sentence, by striking all that follows 
        ``compensation'' and inserting a period.

SEC. 3. DUTIES OF THE BOARD.

    Section 4 of the John F. Kennedy Center Act (20 U.S.C. 76j) is 
amended by striking the section heading and all that follows through 
the period at the end of subsection (a) and inserting the following:

``SEC. 4. DUTIES OF THE BOARD.

    ``(a) Programs, Activities, and Goals.--
            ``(1) In general.--The Board shall--
                    ``(A) present classical and contemporary music, 
                opera, drama, dance, and other performing arts from the 
                United States and other countries;
                    ``(B) promote and maintain the John F. Kennedy 
                Center for the Performing Arts as the National Center 
                for the Performing Arts--
                            ``(i) by developing and maintaining a 
                        leadership role in national performing arts 
                        education policy and programs, including 
                        developing and presenting original and 
                        innovative performing arts and educational 
                        programs for children, youth, families, adults, 
                        and educators designed specifically to foster 
                        an appreciation and understanding of the 
                        performing arts;
                            ``(ii) by developing and maintaining a 
                        comprehensive and broad program for national 
                        and community outreach, including establishing 
                        model programs for adaptation by other 
                        presenting and educational institutions; and
                            ``(iii) by conducting joint initiatives 
                        with the national education and outreach 
                        programs of the Very Special Arts, an entity 
                        affiliated with the John F. Kennedy Center for 
                        the Performing Arts which has an established 
                        program for the identification, development, 
                        and implementation of model programs and 
                        projects in the arts for disabled individuals;
                    ``(C) strive to ensure that the education and 
                outreach programs and policies of the John F. Kennedy 
                Center for the Performing Arts meet the highest level 
                of excellence and reflect the cultural diversity of the 
                United States;
                    ``(D) provide facilities for other civic activities 
                at the John F. Kennedy Center for the Performing Arts;
                    ``(E) provide within the John F. Kennedy Center for 
                the Performing Arts a suitable memorial in honor of the 
                late President;
                    ``(F) develop, and update annually, a comprehensive 
                building needs plan for the features of the John F. 
                Kennedy Center for the Performing Arts in existence on 
                the date of enactment of the John F. Kennedy Center Act 
                Amendments of 1994;
                    ``(G) with respect to each feature of the building 
                and site of the John F. Kennedy Center for the 
                Performing Arts that is in existence on the date of 
                enactment of the John F. Kennedy Center Act Amendments 
                of 1994 (including a theater, the garage, the plaza, or 
                a building walkway), plan, design, and construct each 
                capital repair, replacement, improvement, 
                rehabilitation, alteration, or modification necessary 
                for the feature; and
                    ``(H) provide--
                            ``(i) information and interpretation; and
                            ``(ii) with respect to each feature of the 
                        building and site of the John F. Kennedy Center 
                        for the Performing Arts that is in existence on 
                        the date of enactment of the John F. Kennedy 
                        Center Act Amendments of 1994 (including a 
                        theater, the garage, the plaza, or a building 
                        walkway), all necessary maintenance, repair, 
                        and alteration of, and all janitorial, 
                        security, and other services and equipment 
                        necessary for the operation of, the feature, in 
                        a manner consistent with requirements for high 
                        quality operations.
            ``(2) Administrative powers and duties.--
                    ``(A) Authority to enter into contracts.--The 
                Board, in accordance with applicable law, may enter 
                into contracts or other arrangements with, and make 
                payments to, public agencies or private organizations 
                or other private persons in order to carry out the 
                functions of the Board under this Act. The authority 
                described in the preceding sentence includes utilizing 
                the services and facilities of other agencies, 
                including the Department of the Interior, the General 
                Services Administration, and the Smithsonian 
                Institution.
                    ``(B) Preparation of budget.--The Board shall 
                prepare a budget pursuant to sections 1104, 1105(a), 
                and 1513(b) of title 31, United States Code.
                    ``(C) Use of agency personnel.--The Board may 
                utilize or employ the services of the personnel of any 
                agency or instrumentality of the Federal Government or 
                the District of Columbia, with the consent of the 
                agency or the instrumentality concerned, on a 
                reimbursable basis, and utilize voluntary and 
                uncompensated personnel.
                    ``(D) Selection of contractors.--In carrying out 
                the duties of the Board under this Act, the Board may 
                negotiate any contract for an environmental system for, 
                a protection system for, or a repair to, maintenance 
                of, or restoration of the John F. Kennedy Center for 
                the Performing Arts with selected contractors and award 
                the contract on the basis of contractor qualifications 
                as well as price.
                    ``(E) Maintenance of halls.--The Board shall 
                maintain the Hall of Nations, the Hall of States, and 
                the Grand Foyer of the John F. Kennedy Center for the 
                Performing Arts in a manner that is suitable to a 
                national performing arts center that is operated as a 
                Presidential memorial and in a manner consistent with 
                other national Presidential memorials.
                    ``(F) Maintenance of grounds.--The Board shall 
                manage and operate the grounds of the John F. Kennedy 
                Center for the Performing Arts in a manner consistent 
                with National Park Service regulations and agreements 
                in effect on the date of enactment of the John F. 
                Kennedy Center Act Amendments of 1994. No change in the 
                management and operation of the grounds may be made 
                without the express approval of Congress and of the 
                Secretary of the Interior.''.

SEC. 4. OFFICERS AND EMPLOYEES; REVIEW OF BOARD ACTIONS.

    (a) Solicitation and Acceptance of Gifts.--Section 5 of the John F. 
Kennedy Center Act (20 U.S.C. 76k) is amended--
            (1) by striking the section heading and all that follows 
        through ``(a)'' and inserting the following:

``SEC. 5. POWERS OF THE BOARD.

    ``(a) Solicitation and Acceptance of Gifts.--''; and
            (2) in subsection (a), by striking ``Smithsonian 
        Institution'' and inserting ``John F. Kennedy Center for the 
        Performing Arts, as a bureau of the Smithsonian Institution,''.
    (b) Appointment of Officers and Employees.--Subsection (b) of 
section 5 of such Act is amended to read as follows:
    ``(b) Appointment of Officers and Employees.--
            ``(1) Chairperson and secretary.--The Board shall appoint 
        and fix the compensation and duties of a Chairperson of the 
        John F. Kennedy Center for the Performing Arts, who shall serve 
        as the chief executive officer of the Center, and a Secretary 
        of the John F. Kennedy Center for the Performing Arts. The 
        Chairperson and Secretary shall be well qualified by experience 
        and training to perform the duties of their respective offices.
            ``(2) Senior level executive and other employees.--The 
        Chairperson of the John F. Kennedy Center for the Performing 
        Arts may appoint--
                    ``(A) a senior level executive who, by virtue of 
                the background of the individual, shall be well suited 
                to be responsible for facilities management and 
                services and who may, without regard to the provisions 
                of title 5, United States Code, be appointed and 
                compensated with appropriated funds, except that the 
                compensation may not exceed the maximum rate of pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code; and
                    ``(B) such other officers and employees of the John 
                F. Kennedy Center for the Performing Arts as may be 
                necessary for the efficient administration of the 
                functions of the Board.''.
    (c) Transfers; Review of Board Actions.--Section 5 of such Act is 
amended by striking subsection (c) and inserting the following new 
subsections:
    ``(c) Transfer of Property.--Not later than October 1, 1995, the 
property, liabilities, contracts, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds employed, 
held, used, arising from, available to, or to be made available in 
connection with the functions transferred from the Secretary of the 
Interior pursuant to the amendments made by the John F. Kennedy Center 
Act Amendments of 1994 shall be transferred, subject to section 1531 of 
title 31, United States Code, to the Board as the Board and the 
Secretary of the Interior may determine appropriate. Unexpended funds 
transferred pursuant to this subsection shall be used only for the 
purposes for which, and subject to the terms under which, the funds 
were originally authorized and appropriated.
    ``(d) Transfer of Personnel.--
            ``(1) In general.--Employees of the National Park Service 
        assigned to duties related to the functions being undertaken by 
        the Board shall be transferred with their functions to the 
        Board not later than October 1, 1995.
            ``(2) Rights and benefits.--Transferred employees shall 
        remain in the Federal competitive service and retain all rights 
        and benefits provided under title 5, United States Code. For a 
        period of not less than 3 years after the date of transfer of 
        an employee under paragraph (1), the transferred employee shall 
        retain the right of priority consideration under merit 
        promotion procedures or lateral reassignment for all vacancies 
        within the Department of the Interior.
            ``(3) Park police.--All United States Park Police and Park 
        Police guard force employees assigned to the John F. Kennedy 
        Center for the Performing Arts shall remain employees of the 
        National Park Service.
            ``(4) Costs.--All usual and customary costs associated with 
        any adverse action or grievance proceeding resulting from the 
        transfer of functions under this section that are incurred 
        before October 1, 1995, shall be paid from funds appropriated 
        to the John F. Kennedy Center for the Performing Arts.
            ``(5) Reorganization authority.--Nothing contained in this 
        section shall prohibit the Board from reorganizing functions at 
        the John F. Kennedy Center for the Performing Arts in 
        accordance with laws governing reorganizations.
    ``(e) Review of Board Actions.--The actions of the Board relating 
to performing arts and to payments made or directed to be made by the 
Board from any trust funds shall not be subject to review by any 
officer or agency other than a court of law.
    ``(f) Collective Bargaining.--
            ``(1) Definition.--As used in this subsection, the term 
        `theatrical employee' means a nonappropriated fund employee of 
        the Board, who is engaged in a box office, performing, or 
        theatrical trade that is the subject of a collective bargaining 
        agreement as of January 1, 1994, including any change in the 
        trade as a result of a technological advance.
            ``(2) Collective bargaining.--
                    ``(A) In general.--For the purposes of the National 
                Labor Relations Act (29 U.S.C. 151 et seq.) and the 
                Labor-Management Relations Act, 1947 (29 U.S.C. 141 et 
                seq.)--
                            ``(i) each theatrical employee shall be 
                        considered to be an `employee' within the 
                        meaning of section 2(3) of the National Labor 
                        Relations Act (29 U.S.C. 152(3)); and
                            ``(ii) with respect to a theatrical 
                        employee, the Board shall be considered to be 
                        an `employer' within the meaning of section 
                        2(2) of the National Labor Relations Act (29 
                        U.S.C. 152(2)).
                    ``(B) Rights and obligations.--With respect to each 
                theatrical employee, the theatrical employee and the 
                Board shall have all of the rights and obligations 
                specified in such Acts.''.

SEC. 5. REVIEWS, AUDITS, AND CLAIMS.

    Section 6 of the John F. Kennedy Center Act (20 U.S.C. 76l) is 
amended--
            (1) in subsection (c), by striking ``its operations'' and 
        inserting ``the operations of the Board''; and
            (2) by striking subsections (e) and (f) and inserting the 
        following new subsections:
    ``(d) Audit of Accounts.--Not less than once every 3 years, the 
Comptroller General shall review and audit the accounts of the John F. 
Kennedy Center for the Performing Arts for the purpose of examining 
expenditures of funds appropriated under the authority provided by this 
Act.
    ``(e) Inspector General.--The functions of the Board funded by 
funds appropriated pursuant to section 12 shall be subject to the 
requirements for a Federal entity under the Inspector General Act of 
1978 (5 U.S.C. App. 3). The Inspector General of the Smithsonian 
Institution is authorized to carry out the requirements of such Act on 
behalf of the Board, on a reimbursable basis when requested by the 
Board.
    ``(f) Property and Personnel Compensation.--
            ``(1) In general.--The Board may procure insurance against 
        any loss in connection with the property of the Board and other 
        assets administered by the Board. Each employee and volunteer 
        of the Board shall be considered to be a civil employee of the 
        United States (within the meaning of the term `employee' as 
        defined in section 8101(1) of title 5, United States Code), 
        except that the Board shall continue to provide benefits with 
        respect to any disability or death resulting from a personal 
        injury to a nonappropriated fund employee of the Board 
        sustained while in the performance of the duties of the 
        employee for the Board pursuant to the workers compensation 
        statute of the jurisdiction in which the John F. Kennedy Center 
        for the Performing Arts is located. The disability or death 
        benefits referred to in the preceding sentence, whether under 
        the workers compensation statute referred to in the preceding 
        sentence or under chapter 81 of title 5, United States Code, 
        shall continue to be the exclusive liability of the Board and 
        the United States with respect to all employees and volunteers 
        of the Board.
            ``(2) Federal tort claims.--For the purposes of chapter 171 
        of title 28, United States Code, an employee of the Board shall 
        be considered to be an `employee of the government' and the 
        Board shall be considered to be a `Federal agency'. No employee 
        of the Board may bring suit against the United States or the 
        Board under the Federal tort claims procedure of chapter 171 of 
        title 28, United States Code, for disability or death resulting 
        from personal injury sustained while in the performance of the 
        duties of the employee for the Board.''.

SEC. 6. TECHNICAL AMENDMENTS.

    Section 10 of the John F. Kennedy Center Act (20 U.S.C. 76p) is 
amended--
            (1) by striking ``he'' and inserting ``the Secretary''; and
            (2) by striking ``his judgment'' and inserting ``the 
        judgment of the Secretary''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    The John F. Kennedy Center Act (20 U.S.C. 76h et seq.) is amended 
by adding at the end the following new section:

``SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Maintenance, Repair, and Security.--There are authorized to 
be appropriated to the Board to carry out section 4(a)(1)(H) 
$12,000,000 for each of fiscal years 1995 through 1999.
    ``(b) Capital Projects.--There are authorized to be appropriated to 
the Board to carry out subparagraphs (F) and (G) of section 4(a)(1) 
$9,000,000 for each of fiscal years 1995 through 1999.
    ``(c) Limitation on Use of Funds.--No funds appropriated pursuant 
to this section may be used for any direct expense incurred in the 
production of a performing arts attraction, for personnel who are 
involved in performing arts administration (including any supply or 
equipment used by the personnel), or for production, staging, public 
relations, marketing, fundraising, ticket sales, or education. Funds 
appropriated directly to the Board shall not affect nor diminish other 
Federal funds sought for any performing arts function and may be used 
to reimburse the Board for that portion of costs that are Federal costs 
reasonably allocated to building services and theater maintenance and 
repair.''.

SEC. 8. DEFINITIONS.

    The John F. Kennedy Center Act (20 U.S.C. 76h et seq.) (as amended 
by section 7) is further amended by adding at the end the following new 
section:

``SEC. 13. DEFINITIONS.

    ``As used in this Act, the terms `building and site of the John F. 
Kennedy Center for the Performing Arts' and `grounds of the John F. 
Kennedy Center for the Performing Arts' refer to the site in the 
District of Columbia on which the John F. Kennedy Center building is 
constructed and that extends to the line of the west face of the west 
retaining walls and curbs of the Inner Loop Freeway on the east, the 
north face of the north retaining walls and curbs of the Theodore 
Roosevelt Bridge approaches on the south, the east face of the east 
retaining walls and curbs of Rock Creek Parkway on the west, and the 
south curbs of New Hampshire Avenue and F Street on the north, as 
generally depicted on the map entitled `Transfer of John F. Kennedy 
Center for the Performing Arts', numbered 844/82563, and dated April 
20, 1994, which shall be on file and available for public inspection in 
the office of the National Capital Region, National Park Service, 
Department of the Interior.''.

SEC. 9. RULES AND REGULATIONS.

    (a) Authority to Prescribe.--Section 5(a) of the Act of October 24, 
1951 (65 Stat. 634; chapter 559; 40 U.S.C. 193r(a)), is amended--
            (1) by striking ``Institution and'' and inserting 
        ``Institution,''; and
            (2) by inserting ``, and the Trustees of the John F. 
        Kennedy Center for the Performing Arts,'' after ``National 
        Gallery of Art''.
    (b) Authority to Suspend.--Section 8 of such Act (40 U.S.C. 193u) 
is amended by striking ``the Secretary of the Smithsonian Institution 
or the Trustees of the National Gallery of Art or'' each place it 
appears and inserting ``the Secretary of the Smithsonian Institution, 
the Trustees of the National Gallery of Art, the Trustees of the John 
F. Kennedy Center for the Performing Arts, or''.
    (c) Buildings and Grounds Defined.--Section 9 of such Act (40 
U.S.C. 193v) is amended by adding at the end the following new 
paragraph:
            ``(3) The site of the John F. Kennedy Center for the 
        Performing Arts, which shall be held to extend to the line of 
        the west face of the west retaining walls and curbs of the 
        Inner Loop Freeway on the east, the north face of the north 
        retaining walls and curbs of the Theodore Roosevelt Bridge 
        approaches on the south, the east face of the east retaining 
        walls and curbs of Rock Creek Parkway on the west, and the 
        south curbs of New Hampshire Avenue and F Street on the north, 
        as generally depicted on the map entitled `Transfer of John F. 
        Kennedy Center for the Performing Arts', numbered 844/82563, 
        and dated April 20, 1994, which shall be on file and available 
        for public inspection in the office of the National Capital 
        Region, National Park Service, Department of the Interior.''.

            Attest:

                                                             Secretary.

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