Union Calendar No. 275

103D CONGRESS

2D SESSION H. R. 3567

[Report No. 103–453, Parts I and II]

A BILL

To amend the John F. Kennedy Center Act to

Performing Arts, and for other purposes.Trustees of the John F. Kennedy Center for thetransfer operating responsibilities to the Board of

MAY 6, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 275

103D CONGRESS

2D SESSION H. R. 3567

[Report No. 103–453, Parts I and II]

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.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 19, 1993

Mr. MINETA (for himself, Mr. MCDADE, Mr. WILSON, Mr. VENTO, Mr.

TRAFICANT, Mr. DUNCAN, and Ms. NORTON) (all by request) introduced

the following bill; which was referred to the Committee on Public Works

and Transportation

MARCH 24, 1994

Reported with an amendment, referred to the Committee on Natural Resources for a period ending not later than April 29, 1994, for consideration of such provisions of the bill and amendment as fall within the jurisdiction of the committee pursuant to clause 1(n), rule X

[Strike out all after the enacting clause and insert the part printed in italic]

MAY 2, 1994

Referral to the Committee on Natural Resources extended for a period ending

not later than May 6, 1994

MAY 6, 1994

Additional sponsor: Mr. YATES

MAY 6, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in boldface roman]

[For text of introduced bill, see copy of bill as introduced on November 19, 1993]
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A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘John F. Kennedy Center

5 Act Amendments of 1994’’.

6 SEC. 2. FINDINGS, BUREAU, BOARD OF TRUSTEES, AND

7 ADVISORY COMMITTEE.

8 (a) FINDINGS.—Section 1 of the John F. Kennedy

9 Center Act (20 U.S.C. 76h note) is amended—

10 (1) by striking ‘‘SECTION 1.’’ and inserting the

11 following:

12 ‘‘SECTION 1. SHORT TITLE AND FINDINGS.

13 ‘‘(a) SHORT TITLE.—’’; and

14 (2) by adding at the end the following:

15 ‘‘(b) FINDINGS.—Congress finds that—

16 ‘‘(1) the late John Fitzgerald Kennedy served

17 with distinction as President of the United States and

18 as a Member of the Senate and the House of Rep19 resentatives;
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1 ‘‘(2) by the untimely death of John Fitzgerald

2 Kennedy this Nation and the world have suffered a

3 great loss;

4 ‘‘(3) the late John Fitzgerald Kennedy was par5 ticularly devoted to education and cultural under6 standing and the advancement of the performing arts;

7 ‘‘(4) it is fitting and proper that a living insti8 tution of the performing arts, designated as the Na9 tional Center for the Performing Arts, named in the

10 memory and honor of this great leader, shall serve as

11 the sole national monument to his memory within the

12 District of Columbia and its environs;

13 ‘‘(5) such a living memorial serves all of the peo14 ple of the United States by preserving, fostering, and

15 transmitting the performing arts traditions of the

16 people of this Nation and other countries by produc17 ing and presenting music, opera, theater, dance, and

18 other performing arts; and

19 ‘‘(6) such a living memorial should be housed in

20 the John F. Kennedy Center for the Performing Arts,

21 located in the District of Columbia.’’.

22 (b) EX OFFICIO TRUSTEES.—

23 (1) IN GENERAL.—Section 2 of such Act (20

24 U.S.C. 76h) is amended—
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1 (A) by striking the section heading and all

2 that follows before ‘‘There is hereby’’ and insert3 ing the following:

4 ‘‘SEC. 2. BOARD OF TRUSTEES.

5 ‘‘(a) ESTABLISHMENT.—’’;

6 (B) in the first sentence by inserting ‘‘as the

7 National Center for the Performing Arts, a liv8 ing memorial to John Fitzgerald Kennedy,’’ after

9 ‘‘thereof ’’;

10 (C) in the second sentence by striking

11 ‘‘Chairman of the District of Columbia Recre12 ation Board’’ and inserting ‘‘Superintendent of

13 Schools of the District of Columbia’’; and

14 (D) in the second sentence by striking

15 ‘‘three Members of the Senate’’ and all that fol16 lows before ‘‘ex officio’’ and inserting ‘‘the chair17 man and ranking minority member of the Com18 mittee on Public Works and Transportation of

19 the House of Representatives and 3 additional

20 Members of the House of Representatives ap21 pointed by the Speaker of the House of Rep22 resentatives, and the chairman and ranking mi23 nority member of the Committee on Environ24 ment and Public Works of the Senate and 3 ad-
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1 ditional Members of the Senate appointed by the

2 President of the Senate’’.

3 (2) EFFECTIVE DATES.—

4 (A) SUPERINTENDENT OF SCHOOLS OF THE

5 DISTRICT OF COLUMBIA.—The amendment made

6 by paragraph (1)(C) shall take effect on the date

7 of expiration of the term of the Chairman of the

8 District of Columbia Recreation Board serving

9 as a trustee of the John F. Kennedy Center for

10 the Performing Arts on the date of the enactment

11 of this Act.

12 (B) MEMBERS OF CONGRESS.—The amend13 ment made by paragraph (1)(D) shall take effect

14 on the date of the enactment of this Act.

15 (c) GENERAL TRUSTEES.—Section 2(b) of such Act is

16 amended to read as follows:

17 ‘‘(b) GENERAL TRUSTEES.—The general trustees shall

18 be appointed by the President of the United States and each

19 such trustee shall hold office as a member of the Board for

20 a term of 6 years, except that—

21 ‘‘(1) any member appointed to fill a vacancy oc22 curring before the expiration of the term for which

23 such member’s predecessor was appointed shall be ap24 pointed for the remainder of such term;
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1 ‘‘(2) a member shall continue to serve until such

2 member’s successor has been appointed; and

3 ‘‘(3) the term of office of a member appointed be4 fore the date of the enactment of the John F. Kennedy

5 Center Act Amendments of 1994 shall expire as des6 ignated at the time of appointment.’’.

7 (d) ADVISORY COMMITTEE ON THE ARTS.—Section

8 2(c) of such Act is amended—

9 (1) by inserting ‘‘ADVISORY COMMITTEE ON THE

10 ARTS.—’’ before ‘‘There shall be’’;

11 (2) in the first sentence by inserting ‘‘of the

12 United States’’ after ‘‘President’’ the first place it

13 appears;

14 (3) in the fifth sentence by striking ‘‘cultural ac15 tivities to be carried on in’’ and inserting ‘‘cultural

16 activities to be carried out by’’; and

17 (4) in the last sentence by striking all that fol18 lows ‘‘compensation’’ and inserting a period.

19 SEC. 3. DUTIES OF THE BOARD.

20 Section 4 of the John F. Kennedy Center Act (20

21 U.S.C. 76j) is amended by striking the section heading and

22 all that follows through the period at the end of subsection

23 (a) and inserting the following:

24 ‘‘SEC. 4. DUTIES OF THE BOARD.

25 ‘‘(a) PROGRAMS, ACTIVITIES, AND GOALS.—
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1 ‘‘(1) IN GENERAL.—The Board shall—

2 ‘‘(A) present classical and contemporary

3 music, opera, drama, dance, and other perform4 ing arts from the United States and other

5 countries;

6 ‘‘(B) promote and maintain the John F.

7 Kennedy Center for the Performing Arts as the

8 National Center for the Performing Arts—

9 ‘‘(i) by developing and maintaining a

10 leadership role in national performing arts

11 education policy and programs, including

12 developing and presenting original and in13 novative performing arts and educational

14 programs for children, youth, families,

15 adults, and educators designed specifically

16 to foster an appreciation and understand17 ing of the performing arts;

18 ‘‘(ii) by developing and maintaining a

19 comprehensive and broad program for na20 tional and community outreach, including

21 establishing model programs for adaptation

22 by other presenting and educational institu23 tions; and

24 ‘‘(iii) by conducting joint initiatives

25 with the national education and outreach
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1 programs of the Very Special Arts, an en2 tity affiliated with the John F. Kennedy

3 Center for the Performing Arts which has

4 an established program for the identifica5 tion, development, and implementation of

6 model programs and projects in the arts for

7 disabled individuals;

8 ‘‘(C) strive to ensure that the education and

9 outreach programs and policies of the John F.

10 Kennedy Center for the Performing Arts meet the

11 highest level of excellence and reflect the cultural

12 diversity of the Nation;

13 ‘‘(D) provide facilities for other civic activi14 ties at the John F. Kennedy Center for the

15 Performing Arts;

16 ‘‘(E) provide within the John F. Kennedy

17 Center for the Performing Arts a suitable memo18 rial in honor of the late President;

19 ‘‘(F) develop, and update annually, a com20 prehensive building needs plan for the existing

21 features of the John F. Kennedy Center for the

22 Performing Arts;

23 ‘‘(G) plan, design, and construct all capital

24 projects at the John F. Kennedy Center for the

25 Performing Arts; and
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1 ‘‘(H) provide information and interpreta2 tion; all maintenance, repair, and alteration of

3 the building of the John F. Kennedy Center for

4 the Performing Arts; and janitorial, security,

5 and all other services necessary for operating the

6 building and site of the John F. Kennedy Center

7 for the Performing Arts.

8 ‘‘(2) ADMINISTRATIVE POWERS AND DUTIES.—

9 ‘‘(A) AUTHORITY TO ENTER INTO CON10 TRACTS.—The Board, in accordance with appli11 cable law, may enter into contracts or other ar12 rangements with, and make payments to, public

13 agencies or private organizations or persons in

14 order to carry out the Board’s functions under

15 this Act. Such authority includes utilizing the

16 services and facilities of other agencies, including

17 the Department of the Interior, the General Serv18 ices Administration, and the Smithsonian Insti19 tution.

20 ‘‘(B) PREPARATION OF BUDGET.—The

21 Board shall prepare a budget pursuant to sec22 tions 1104, 1105(a), and 1513(b) of title 31,

23 United States Code.

24 ‘‘(C) USE OF AGENCY PERSONNEL.—The

25 Board may utilize or employ the services of the
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1 personnel of any agency or instrumentality of

2 the Federal Government or the District of Co3 lumbia, with the consent of the agency or the in4 strumentality concerned, upon a reimbursable

5 basis, and utilize voluntary and uncompensated

6 personnel.

7 ‘‘(D) SELECTION OF CONTRACTORS.—In

8 carrying out its duties under this Act, the Board

9 may negotiate any contract for an environ10 mental system for, a protection system for, or a

11 repair to, maintenance of, or restoration of the

12 John F. Kennedy Center for the Performing Arts

13 with selected contractors and award the contract

14 on the basis of contractor qualifications as well

15 as price.

16 ‘‘(E) MAINTENANCE OF HALLS.—The Board

17 shall maintain the Hall of Nations, the Hall of

18 States, and the Grand Foyer of the John F. Ken19 nedy Center for the Performing Arts in a man20 ner that is suitable to a national performing arts

21 center that is operated as a Presidential

22 memorial.’’.
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1 SEC. 4. OFFICERS AND EMPLOYEES; REVIEW OF BOARD

2 ACTIONS.

3 (a) SOLICITATION AND ACCEPTANCE OF GIFTS.—Sec4 tion 5 of the John F. Kennedy Center Act (20 U.S.C. 76k)

5 is amended—

6 (1) by striking the section heading and all that

7 follows before ‘‘The Board is’’ and inserting the

8 following:

9 ‘‘SEC. 5. POWERS OF THE BOARD.

10 ‘‘(a) SOLICITATION AND ACCEPTANCE OF GIFTS.—’’;

11 and

12 (2) in subsection (a) by striking ‘‘Smithsonian

13 Institution’’ and inserting ‘‘John F. Kennedy Center

14 for the Performing Arts, as a bureau of the Smithso15 nian Institution,’’.

16 (b) APPOINTMENT OF OFFICERS AND EMPLOYEES.—

17 Section 5(b) of such Act is amended to read as follows:

18 ‘‘(b) APPOINTMENT OF OFFICERS AND EMPLOYEES.—

19 ‘‘(1) CHAIRPERSON AND SECRETARY.—The

20 Board shall appoint and fix the compensation and

21 duties of a Chairperson of the John F. Kennedy Cen22 ter for the Performing Arts, who shall serve as the

23 chief executive officer of the Center, and a Secretary

24 of the John F. Kennedy Center for the Performing

25 Arts. The Chairperson and Secretary shall be well
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1 qualified by experience and training to perform the

2 duties of their offices.

3 ‘‘(2) SENIOR LEVEL EXECUTIVE AND OTHER EM4 PLOYEES.—The Chairperson of the John F. Kennedy

5 Center for the Performing Arts may appoint—

6 ‘‘(A) a senior level executive who, by virtue

7 of the individual’s background, shall be well suit8 ed to be responsible for facilities management

9 and services and who may, without regard to the

10 provisions of title 5, United States Code, be ap11 pointed and compensated with appropriated

12 funds, except that such compensation may not

13 exceed the maximum rate of pay for level IV of

14 the Executive Schedule; and

15 ‘‘(B) such other officers and employees of

16 the John F. Kennedy Center for the Performing

17 Arts as may be necessary for the efficient admin18 istration of the functions of the Board.’’.

19 (c) TRANSFERS; REVIEW OF BOARD ACTIONS.—Sec20 tion 5 of such Act is amended by striking subsection (c)

21 and inserting the following:

22 ‘‘(c) TRANSFER OF PROPERTY.—Not later than Octo23 ber 1, 1995, such property, liabilities, contracts, records,

24 and unexpended balances of appropriations, authorizations,

25 allocations, and other funds employed, held, used, arising
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1 from, available to, or to be made available in connection

2 with the functions transferred from the Secretary of the In3 terior pursuant to the amendments made by the John F.

4 Kennedy Center Act Amendments of 1994 shall be trans5 ferred, subject to section 1531 of title 31, United States

6 Code, to the Board as the Board and the Secretary of the

7 Interior may determine appropriate. Unexpended funds

8 transferred pursuant to this subsection shall be used only

9 for the purposes for which, and subject to the terms under

10 which, the funds were originally authorized and appro11 priated.

12 ‘‘(d) TRANSFER OF PERSONNEL.—

13 ‘‘(1) IN GENERAL.—Employees of the National

14 Park Service assigned to duties related to those func15 tions being undertaken by the Board shall be trans16 ferred with their functions to the Board not later than

17 October 1, 1995.

18 ‘‘(2) RIGHTS AND BENEFITS.—Transferred em19 ployees shall remain in the Federal competitive serv20 ice retaining all rights and benefits provided under

21 title 5, United States Code. For a period of not less

22 than 3 years, transferred employees shall retain the

23 right of priority consideration under merit promotion

24 procedures or lateral reassignment for all vacancies

25 within the Department of the Interior.
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1 ‘‘(3) PARK POLICE.—All United States Park Po2 lice and Park Police guard force employees assigned

3 to the John F. Kennedy Center for the Performing

4 Arts shall remain employees of the National Park

5 Service.

6 ‘‘(4) COSTS.—All usual and customary costs as7 sociated with any adverse action or grievance pro8 ceeding resulting from the transfer of functions under

9 this section that are incurred before October 1, 1995,

10 shall be paid from amounts appropriated to the John

11 F. Kennedy Center for the Performing Arts.

12 ‘‘(5) REORGANIZATION AUTHORITY.—Nothing

13 contained in this section shall be deemed to prohibit

14 the Board from reorganizing functions at the John F.

15 Kennedy Center for the Performing Arts in accord16 ance with laws governing such reorganizations.

17 ‘‘(e) REVIEW OF BOARD ACTIONS.—The actions of the

18 Board relating to performing arts and to payments made

19 or directed to be made by the Board from any trust funds

20 shall not be subject to review by any officer or agency other

21 than a court of law.’’.

22 SEC. 5. REVIEWS, AUDITS, AND CLAIMS.

23 Section 6 of the John F. Kennedy Center Act (20

24 U.S.C. 76l) is amended—
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1 (1) in subsection (c) by striking ‘‘its’’ and insert2 ing ‘‘the Board’s’’; and

3 (2) by striking subsections (e) and (f) and insert4 ing the following:

5 ‘‘(d) AUDIT OF ACCOUNTS.—At least once every 3

6 years, the Comptroller General shall review and audit the

7 accounts of the John F. Kennedy Center for the Performing

8 Arts for the purpose of examining expenditures of funds ap9 propriated under authority provided by this Act.

10 ‘‘(e) INSPECTOR GENERAL.—The functions of the

11 Board funded by amounts appropriated pursuant to section

12 12 of this Act shall be subject to the requirements of the

13 Inspector General Act of 1978. The Inspector General of the

14 Smithsonian Institution is authorized to carry out the re15 quirements of such Act on behalf of the Board on a reim16 bursable basis.

17 ‘‘(f) PROPERTY AND PERSONNEL COMPENSATION.—

18 ‘‘(1) IN GENERAL.—The Board may procure in19 surance against any loss in connection with the prop20 erty of the Board and other assets administered by the

21 Board. The Board’s employees and volunteers shall be

22 deemed civil employees of the United States within

23 the meaning of the term ‘employee’ as defined in sec24 tion 8101 of title 5, United States Code; except that

25 the Board shall continue to provide benefits with re-
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1 spect to any disability or death resulting from a per2 sonal injury to a nonappropriated fund employee of

3 the Board sustained while in the performance of the

4 employee’s duties for the Board pursuant to the work5 ers compensation statute of the jurisdiction in which

6 the John F. Kennedy Center for the Performing Arts

7 is located. Such disability or death benefits, whether

8 under such workers compensation statute or chapter

9 81 of title 5, United States Code, shall continue to be

10 the exclusive liability of the Board and the United

11 States with respect to all employees and volunteers of

12 the Board.

13 ‘‘(2) FEDERAL TORT CLAIMS.—Notwithstanding

14 paragraph (1), no employee of the Board may bring

15 suit against the United States under the Federal tort

16 claims procedure of chapter 171 of title 28, United

17 States Code, for disability or death resulting from

18 personal injury sustained while in the performance of

19 the employee’s duties for the Board.

20 ‘‘(g) SETTLEMENTS, AWARDS, AND JUDGMENTS.—Any

21 settlement, award, or judgment made or entered into pursu22 ant to chapter 171 of title 28, United States Code, arising

23 from any act or omission of an employee of the Board in

24 the performance of a nonappropriated fund activity shall
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1 be paid only from funds available to the Board for its per2 forming arts activities.’’.

3 SEC. 6. TECHNICAL AMENDMENTS.

4 Section 10 of the John F. Kennedy Center Act (20

5 U.S.C. 76p) is amended—

6 (1) by striking ‘‘he’’ and inserting ‘‘the Sec7 retary’’; and

8 (2) by striking ‘‘his’’ and inserting ‘‘the Sec9 retary’s’’.

10 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

11 The John F. Kennedy Center Act (20 U.S.C. 76h–76q)

12 is amended by adding at the end the following:

13 ‘‘SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

14 ‘‘(a) MAINTENANCE, REPAIR, AND SECURITY.—There

15 is authorized to be appropriated to the Board $12,000,000

16 per fiscal year for each of fiscal years 1995 through 1999

17 to carry out subparagraph (H) of section 4(a)(1).

18 ‘‘(b) CAPITAL PROJECTS.—There is authorized to be

19 appropriated to the Board $9,000,000 per fiscal year for

20 each of fiscal years 1995 through 1999 to carry out sub21 paragraphs (F) and (G) of section 4(a)(1).

22 ‘‘(c) LIMITATION ON USE OF FUNDS.—No funds ap23 propriated pursuant to this section may be used for the di24 rect expenses incurred in the production of performing arts

25 attractions, or for personnel who are involved in performing
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1 arts administration (including supplies and equipment

2 used by such personnel), or for production, staging, public

3 relations, marketing, fundraising, ticket sales, and edu4 cation. However, funds appropriated directly to the Board

5 shall not affect nor diminish other Federal funds sought for

6 performing arts functions and may be used to reimburse

7 the Board for that portion of costs that are Federal costs

8 reasonably allocated to building services and theater main9 tenance and repairs.’’.

10 SEC. 8. DEFINITIONS.

11 The John F. Kennedy Center Act (20 U.S.C. 76h–76q)

12 is amended by adding at the end the following:

13 ‘‘SEC. 13. DEFINITIONS.

14 ‘‘For the purposes of this Act, the following definitions

15 apply:

16 ‘‘(1) CAPITAL PROJECTS.—The term ‘capital

17 projects’ means capital repairs, replacements, im18 provements, rehabilitations, alterations, and modi19 fications to the existing features of the building and

20 site of the John F. Kennedy Center for the Performing

21 Arts, including the theaters, garage, plaza, and build22 ing walkways.

23 ‘‘(2) MAINTENANCE, REPAIR, AND SECURITY

24 SERVICES.—The term ‘maintenance, repair, and secu25 rity services’ means all services and equipment nec-
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1 essary to maintain and operate the existing features

2 of the building and site of the John F. Kennedy Cen3 ter for the Performing Arts, including the theater, ga4 rage, plaza, and building walkways in a manner con5 sistent with requirements for high quality operations.

6 ‘‘(3) BUILDING AND SITE OF THE JOHN F. KEN7 NEDY CENTER FOR THE PERFORMING ARTS.—The

8 terms ‘building and site of the John F. Kennedy Cen9 ter for the Performing Arts’ and ‘grounds of the John

10 F. Kennedy Center for the Performing Arts’ mean the

11 site in the District of Columbia on which the John F.

12 Kennedy Center building is constructed and which ex13 tends to the line of the west face of the west retaining

14 walls and curbs of the Inner Loop Freeway on the

15 east, the north face of the north retaining walls and

16 curbs of the Theodore Roosevelt Bridge approaches on

17 the south, the east face of the east retaining walls and

18 curbs of Rock Creek Parkway on the west, and the

19 south curbs of New Hampshire Avenue and F Street

20 on the north.’’.

21 SEC. 9. RULES AND REGULATIONS.

22 (a) AUTHORITY TO PRESCRIBE.—Section 5(a) of the

23 Act of October 24, 1951 (40 U.S.C. 193r) is amended—

24 (1) by striking ‘‘Institution and’’ and inserting

25 ‘‘Institution,’’; and
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1 (2) by inserting ‘‘, and the Trustees of the John

2 F. Kennedy Center for the Performing Arts,’’ after

3 ‘‘National Gallery of Art’’.

4 (b) AUTHORITY TO SUSPEND.—Section 8 of such Act

5 (40 U.S.C. 193u) is amended by striking ‘‘the Secretary of

6 the Smithsonian Institution or the Trustees of the National

7 Gallery of Art or’’ each place it appears and inserting ‘‘the

8 Secretary of the Smithsonian Institution, the Trustees of

9 the National Gallery of Art, the Trustees of the John F.

10 Kennedy Center for the Performing Arts, or’’.

11 (c) BUILDINGS AND GROUNDS DEFINED.—Section 9 of

12 such Act (40 U.S.C. 193v) is amended by adding at the

13 end the following:

14 ‘‘(3) The site of the John F. Kennedy Center for

15 the Performing Arts, which shall be held to extend to

16 the line of the west face of the west retaining walls

17 and curbs of the Inner Loop Freeway on the east, the

18 north face of the north retaining walls and curbs of

19 the Theodore Roosevelt Bridge approaches on the

20 south, the east face of the east retaining walls and

21 curbs of Rock Creek Parkway on the west, and the

22 south curbs of New Hampshire Avenue and F Street

23 on the north.’’.
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘John F. Ken3 nedy Center Act Amendments of 1994’’.

4 SEC. 2. FINDINGS, BUREAU, BOARD OF TRUSTEES, AND AD5 VISORY COMMITTEE.

6 (a) FINDINGS.—Section 1 of the John F.

7 Kennedy Center Act (20 U.S.C. 76h note) is

8 amended—

9 (1) by striking ‘‘SECTION 1.’’ and in10 serting the following:

11 ‘‘SECTION 1. SHORT TITLE AND FINDINGS.

12 ‘‘(a) SHORT TITLE.—’’; and

13 (2) by adding at the end the follow14 ing:

15 ‘‘(b) FINDINGS.—Congress finds that—

16 ‘‘(1) the late John Fitzgerald Kennedy

17 served with distinction as President of

18 the United States and as a Member of the

19 Senate and the House of Representatives;

20 ‘‘(2) by the untimely death of John

21 Fitzgerald Kennedy this Nation and the

22 world have suffered a great loss;

23 ‘‘(3) the late John Fitzgerald Kennedy

24 was particularly devoted to education

25 and cultural understanding and the ad26 vancement of the performing arts;
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1 ‘‘(4) it is fitting and proper that a liv2 ing institution of the performing arts,

3 designated as the National Center for the

4 Performing Arts, named in the memory

5 and honor of this great leader, shall serve

6 as the sole national monument to his

7 memory within the District of Columbia

8 and its environs;

9 ‘‘(5) such a living memorial serves all

10 of the people of the United States by pre11 serving, fostering, and transmitting the

12 performing arts traditions of the people

13 of this Nation and other countries by pro14 ducing and presenting music, opera, the15 ater, dance, and other performing arts;

16 and

17 ‘‘(6) such a living memorial should be

18 housed in the John F. Kennedy Center

19 for the Performing Arts, located in the

20 District of Columbia.’’.

21 (b) EX OFFICIO TRUSTEES.—

22 (1) IN GENERAL.—Section 2 of such Act

23 (20 U.S.C. 76h) is amended—

24 (A) by striking the section head25 ing and all that follows before ‘‘There
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1 is hereby’’ and inserting the follow2 ing:

3 ‘‘SEC. 2. BOARD OF TRUSTEES.

4 ‘‘(a) ESTABLISHMENT.—’’;

5 (B) in the first sentence by insert6 ing ‘‘as the National Center for the

7 Performing Arts, a living memorial to

8 John Fitzgerald Kennedy,’’ after

9 ‘‘thereof’’;

10 (C) in the second sentence by

11 striking ‘‘Chairman of the District of

12 Columbia Recreation Board’’ and in13 serting ‘‘Superintendent of Schools of

14 the District of Columbia’’; and

15 (D) in the second sentence by

16 striking ‘‘three Members of the Sen17 ate’’ and all that follows before ‘‘ex

18 officio’’ and inserting ‘‘the chairman

19 and ranking minority member of the

20 Committee on Public Works and

21 Transportation of the House of Rep22 resentatives and 3 additional Mem23 bers of the House of Representatives

24 appointed by the Speaker of the

25 House of Representatives, and the
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1 chairman and ranking minority mem2 ber of the Committee on Environment

3 and Public Works of the Senate and 3

4 additional Members of the Senate ap5 pointed by the President of the Sen6 ate’’.

7 (2) EFFECTIVE DATES.—

8 (A) SUPERINTENDENT OF SCHOOLS

9 OF THE DISTRICT OF COLUMBIA.—The

10 amendment made by paragraph (1)(C)

11 shall take effect on the date of expira12 tion of the term of the Chairman of

13 the District of Columbia Recreation

14 Board serving as a trustee of the

15 John F. Kennedy Center for the Per16 forming Arts on the date of the enact17 ment of this Act.

18 (B) MEMBERS OF CONGRESS.—The

19 amendment made by paragraph

20 (1)(D) shall take effect on the date of

21 the enactment of this Act.

22 (c) GENERAL TRUSTEES.—Section 2(b) of

23 such Act is amended to read as follows:

24 ‘‘(b) GENERAL TRUSTEES.—The general

25 trustees shall be appointed by the President
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1 of the United States and each such trustee

2 shall hold office as a member of the Board for

3 a term of 6 years, except that—

4 ‘‘(1) any member appointed to fill a

5 vacancy occurring before the expiration

6 of the term for which such member’s

7 predecessor was appointed shall be ap8 pointed for the remainder of such term;

9 ‘‘(2) a member shall continue to serve

10 until such member’s successor has been

11 appointed; and

12 ‘‘(3) the term of office of a member ap13 pointed before the date of the enactment

14 of the John F. Kennedy Center Act

15 Amendments of 1994 shall expire as des16 ignated at the time of appointment.’’.

17 (d) ADVISORY COMMITTEE ON THE ARTS.—

18 Section 2(c) of such Act is amended—

19 (1) by inserting ‘‘ADVISORY COMMITTEE

20 ON THE ARTS.—’’ before ‘‘There shall be’’;

21 (2) in the first sentence by inserting

22 ‘‘of the United States’’ after ‘‘President’’

23 the first place it appears;

24 (3) in the fifth sentence by striking

25 ‘‘cultural activities to be carried on in’’
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1 and inserting ‘‘cultural activities to be

2 carried out by’’; and

3 (4) in the last sentence by striking all

4 that follows ‘‘compensation’’ and insert5 ing a period.

6 SEC. 3. DUTIES OF THE BOARD.

7 Section 4 of the John F. Kennedy Center

8 Act (20 U.S.C. 76j) is amended by striking the

9 section heading and all that follows through

10 the period at the end of subsection (a) and in11 serting the following:

12 ‘‘SEC. 4. DUTIES OF THE BOARD.

13 ‘‘(a) PROGRAMS, ACTIVITIES, AND GOALS.—

14 ‘‘(1) IN GENERAL.—The Board shall—

15 ‘‘(A) present classical and contem16 porary music, opera, drama, dance,

17 and other performing arts from the

18 United States and other countries;

19 ‘‘(B) promote and maintain the

20 John F. Kennedy Center for the Per21 forming Arts as the National Center

22 for the Performing Arts—

23 ‘‘(i) by developing and main24 taining a leadership role in na25 tional performing arts education
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1 policy and programs, including

2 developing and presenting origi3 nal and innovative performing

4 arts and educational programs

5 for children, youth, families,

6 adults, and educators designed

7 specifically to foster an apprecia8 tion and understanding of the

9 performing arts;

10 ‘‘(ii) by developing and main11 taining a comprehensive and

12 broad program for national and

13 community outreach, including

14 establishing model programs for

15 adaptation by other presenting

16 and educational institutions; and

17 ‘‘(iii) by conducting joint ini18 tiatives with the national edu19 cation and outreach programs of

20 the Very Special Arts, an entity

21 affiliated with the John F. Ken22 nedy Center for the Performing

23 Arts which has an established

24 program for the identification, de25 velopment, and implementation of
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1 model programs and projects in

2 the arts for disabled individuals;

3 ‘‘(C) strive to ensure that the edu4 cation and outreach programs and

5 policies of the John F. Kennedy Cen6 ter for the Performing Arts meet the

7 highest level of excellence and reflect

8 the cultural diversity of the Nation;

9 ‘‘(D) provide facilities for other

10 civic activities at the John F. Ken11 nedy Center for the Performing Arts;

12 ‘‘(E) provide within the John F.

13 Kennedy Center for the Performing

14 Arts a suitable memorial in honor of

15 the late President;

16 ‘‘(F) develop, and update annu17 ally, a comprehensive building needs

18 plan for the existing features of the

19 John F. Kennedy Center for the Per20 forming Arts;

21 ‘‘(G) plan, design, and construct

22 all capital projects at the John F.

23 Kennedy Center for the Performing

24 Arts; and
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1 ‘‘(H) provide information and in2 terpretation; all maintenance, repair,

3 and alteration of the building of the

4 John F. Kennedy Center for the Per5 forming Arts; and janitorial, security,

6 and all other services necessary for

7 operating the building and site of the

8 John F. Kennedy Center for the Per9 forming Arts.

10 ‘‘(2) ADMINISTRATIVE POWERS AND DU11 TIES.—

12 ‘‘(A) AUTHORITY TO ENTER INTO

13 CONTRACTS.—The Board, in accord14 ance with applicable law, may enter

15 into contracts or other arrangements

16 with, and make payments to, public

17 agencies or private organizations or

18 persons in order to carry out the

19 Board’s functions under this Act.

20 Such authority includes utilizing the

21 services and facilities of other agen22 cies, including the Department of the

23 Interior, the General Services Admin24 istration, and the Smithsonian Insti25 tution.
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1 ‘‘(B) PREPARATION OF BUDGET.—

2 The Board shall prepare a budget

3 pursuant to sections 1104, 1105(a),

4 and 1513(b) of title 31, United States

5 Code.

6 ‘‘(C) USE OF AGENCY PERSONNEL.—

7 The Board may utilize or employ the

8 services of the personnel of any agen9 cy or instrumentality of the Federal

10 Government or the District of Colum11 bia, with the consent of the agency or

12 the instrumentality concerned, upon

13 a reimbursable basis, and utilize vol14 untary and uncompensated person15 nel.

16 ‘‘(D) SELECTION OF CONTRACTORS.—

17 In carrying out its duties under this

18 Act, the Board may negotiate any

19 contract for an environmental system

20 for, a protection system for, or a re21 pair to, maintenance of, or restora22 tion of the John F. Kennedy Center

23 for the Performing Arts with selected

24 contractors and award the contract
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1 on the basis of contractor qualifica2 tions as well as price.

3 ‘‘(E) MAINTENANCE OF HALLS.—The

4 Board shall maintain the Hall of Na5 tions, the Hall of States, and the

6 Grand Foyer of the John F. Kennedy

7 Center for the Performing Arts in a

8 manner that is suitable to a national

9 performing arts center that is oper10 ated as a Presidential memorial and

11 in a manner consistent with other na12 tional Presidential memorials.

13 ‘‘(F) MAINTENANCE OF GROUNDS.—

14 The Board shall manage and operate

15 the grounds of the John F. Kennedy

16 Center for the Performing Arts in a

17 manner consistent with National

18 Park Service regulations and agree19 ments in effect on the date of enact20 ment of the John F. Kennedy Center

21 Act Amendments of 1994. No change

22 in the management and operation of

23 such grounds may be made without

24 the express approval of the Secretary

25 of the Interior and of the Congress.’’.
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1 SEC. 4. OFFICERS AND EMPLOYEES; REVIEW OF BOARD AC2 TIONS.

3 (a) SOLICITATION AND ACCEPTANCE OF

4 GIFTS.—Section 5 of the John F. Kennedy Cen5 ter Act (20 U.S.C. 76k) is amended—

6 (1) by striking the section heading

7 and all that follows before ‘‘The Board is’’

8 and inserting the following:

9 ‘‘SEC. 5. POWERS OF THE BOARD.

10 ‘‘(a) SOLICITATION AND ACCEPTANCE OF

11 GIFTS.—’’; and

12 (2) in subsection (a) by striking

13 ‘‘Smithsonian Institution’’ and inserting

14 ‘‘John F. Kennedy Center for the Per15 forming Arts, as a bureau of the Smithso16 nian Institution,’’.

17 (b) APPOINTMENT OF OFFICERS AND EMPLOY18 EES.—Section 5(b) of such Act is amended to

19 read as follows:

20 ‘‘(b) APPOINTMENT OF OFFICERS AND EM21 PLOYEES.—

22 ‘‘(1) CHAIRPERSON AND SECRETARY.—

23 The Board shall appoint and fix the com24 pensation and duties of a Chairperson of

25 the John F. Kennedy Center for the Per26 forming Arts, who shall serve as the chief
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1 executive officer of the Center, and a Sec2 retary of the John F. Kennedy Center for

3 the Performing Arts. The Chairperson

4 and Secretary shall be well qualified by

5 experience and training to perform the

6 duties of their offices.

7 ‘‘(2) SENIOR LEVEL EXECUTIVE AND

8 OTHER EMPLOYEES.—The Chairperson of

9 the John F. Kennedy Center for the Per10 forming Arts may appoint—

11 ‘‘(A) a senior level executive who,

12 by virtue of the individual’s back13 ground, shall be well suited to be re14 sponsible for facilities management

15 and services and who may, without

16 regard to the provisions of title 5,

17 United States Code, be appointed and

18 compensated with appropriated

19 funds, except that such compensation

20 may not exceed the maximum rate of

21 pay for level IV of the Executive

22 Schedule; and

23 ‘‘(B) such other officers and em24 ployees of the John F. Kennedy Cen25 ter for the Performing Arts as may be
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1 necessary for the efficient adminis2 tration of the functions of the

3 Board.’’.

4 (c) TRANSFERS; REVIEW OF BOARD AC5 TIONS.—Section 5 of such Act is amended by

6 striking subsection (c) and inserting the fol7 lowing:

8 ‘‘(c) TRANSFER OF PROPERTY.—Not later

9 than October 1, 1995, such property, liabil10 ities, contracts, records, and unexpended bal11 ances of appropriations, authorizations, allo12 cations, and other funds employed, held, used,

13 arising from, available to, or to be made avail14 able in connection with the functions trans15 ferred from the Secretary of the Interior pur16 suant to the amendments made by the John

17 F. Kennedy Center Act Amendments of 1994

18 shall be transferred, subject to section 1531 of

19 title 31, United States Code, to the Board as

20 the Board and the Secretary of the Interior

21 may determine appropriate. Unexpended

22 funds transferred pursuant to this subsection

23 shall be used only for the purposes for which,

24 and subject to the terms under which, the
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1 funds were originally authorized and appro2 priated.

3 ‘‘(d) TRANSFER OF PERSONNEL.—

4 ‘‘(1) IN GENERAL.—Employees of the

5 National Park Service assigned to duties

6 related to those functions being under7 taken by the Board shall be transferred

8 with their functions to the Board not

9 later than October 1, 1995.

10 ‘‘(2) RIGHTS AND BENEFITS.—Trans11 ferred employees shall remain in the Fed12 eral competitive service retaining all

13 rights and benefits provided under title

14 5, United States Code. For a period of not

15 less than 3 years, transferred employees

16 shall retain the right of priority consider17 ation under merit promotion procedures

18 or lateral reassignment for all vacancies

19 within the Department of the Interior.

20 ‘‘(3) PARK POLICE.—All United States

21 Park Police and Park Police guard force

22 employees assigned to the John F. Ken23 nedy Center for the Performing Arts shall

24 remain employees of the National Park

25 Service.
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1 ‘‘(4) COSTS.—All usual and customary

2 costs associated with any adverse action

3 or grievance proceeding resulting from

4 the transfer of functions under this sec5 tion that are incurred before October 1,

6 1995, shall be paid from amounts appro7 priated to the John F. Kennedy Center

8 for the Performing Arts.

9 ‘‘(5) REORGANIZATION AUTHORITY.—

10 Nothing contained in this section shall be

11 deemed to prohibit the Board from reor12 ganizing functions at the John F. Ken13 nedy Center for the Performing Arts in

14 accordance with laws governing such re15 organizations.

16 ‘‘(e) REVIEW OF BOARD ACTIONS.—The ac17 tions of the Board relating to performing arts

18 and to payments made or directed to be made

19 by the Board from any trust funds shall not

20 be subject to review by any officer or agency

21 other than a court of law.’’.

22 SEC. 5. REVIEWS, AUDITS, AND CLAIMS.

23 Section 6 of the John F. Kennedy Center

24 Act (20 U.S.C. 76l) is amended—
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1 (1) in subsection (c) by striking ‘‘its’’

2 and inserting ‘‘the Board’s’’; and

3 (2) by striking subsections (e) and (f)

4 and inserting the following:

5 ‘‘(d) AUDIT OF ACCOUNTS.—At least once

6 every 3 years, the Comptroller General shall

7 review and audit the accounts of the John F.

8 Kennedy Center for the Performing Arts for

9 the purpose of examining expenditures of

10 funds appropriated under authority provided

11 by this Act.

12 ‘‘(e) INSPECTOR GENERAL.—The functions

13 of the Board funded by amounts appropriated

14 pursuant to section 12 of this Act shall be sub15 ject to the requirements of the Inspector Gen16 eral Act of 1978. The Inspector General of the

17 Smithsonian Institution is authorized to carry

18 out the requirements of such Act on behalf of

19 the Board on a reimbursable basis.

20 ‘‘(f) PROPERTY AND PERSONNEL COMPENSA21 TION.—

22 ‘‘(1) IN GENERAL.—The Board may pro23 cure insurance against any loss in con24 nection with the property of the Board

25 and other assets administered by the
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1 Board. The Board’s employees and volun2 teers shall be deemed civil employees of

3 the United States within the meaning of

4 the term ‘employee’ as defined in section

5 8101 of title 5, United States Code; except

6 that the Board shall continue to provide

7 benefits with respect to any disability or

8 death resulting from a personal injury to

9 a nonappropriated fund employee of the

10 Board sustained while in the perform11 ance of the employee’s duties for the

12 Board pursuant to the workers com13 pensation statute of the jurisdiction in

14 which the John F. Kennedy Center for

15 the Performing Arts is located. Such dis16 ability or death benefits, whether under

17 such workers compensation statute or

18 chapter 81 of title 5, United States Code,

19 shall continue to be the exclusive liability

20 of the Board and the United States with

21 respect to all employees and volunteers

22 of the Board.

23 ‘‘(2) FEDERAL TORT CLAIMS.—Notwith24 standing paragraph (1), no employee of

25 the Board may bring suit against the
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1 United States under the Federal tort

2 claims procedure of chapter 171 of title

3 28, United States Code, for disability or

4 death resulting from personal injury sus5 tained while in the performance of the

6 employee’s duties for the Board.

7 ‘‘(g) SETTLEMENTS, AWARDS, AND JUDG8 MENTS.—Any settlement, award, or judgment

9 made or entered into pursuant to chapter 171

10 of title 28, United States Code, arising from

11 any act or omission of an employee of

12 the Board in the performance of a

13 nonappropriated fund activity shall be paid

14 only from funds available to the Board for its

15 performing arts activities.’’.

16 SEC. 6. TECHNICAL AMENDMENTS.

17 Section 10 of the John F. Kennedy Center

18 Act (20 U.S.C. 76p) is amended—

19 (1) by striking ‘‘he’’ and inserting ‘‘the

20 Secretary’’; and

21 (2) by striking ‘‘his’’ and inserting

22 ‘‘the Secretary’s’’.
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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

2 The John F. Kennedy Center Act (20

3 U.S.C. 76h–76q) is amended by adding at the

4 end the following:

5 ‘‘SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

6 ‘‘(a) MAINTENANCE, REPAIR, AND SECU7 RITY.—There is authorized to be appropriated

8 to the Board $12,000,000 per fiscal year for

9 each of fiscal years 1995 through 1999 to carry

10 out subparagraph (H) of section 4(a)(1).

11 ‘‘(b) CAPITAL PROJECTS.—There is author12 ized to be appropriated to the Board

13 $9,000,000 per fiscal year for each of fiscal

14 years 1995 through 1999 to carry out subpara15 graphs (F) and (G) of section 4(a)(1).

16 ‘‘(c) LIMITATION ON USE OF FUNDS.—No

17 funds appropriated pursuant to this section

18 may be used for the direct expenses incurred

19 in the production of performing arts attrac20 tions, or for personnel who are involved in

21 performing arts administration (including

22 supplies and equipment used by such person23 nel), or for production, staging, public rela24 tions, marketing, fundraising, ticket sales,

25 and education. However, funds appropriated

26 directly to the Board shall not affect nor di-
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1 minish other Federal funds sought for per2 forming arts functions and may be used to re3 imburse the Board for that portion of costs

4 that are Federal costs reasonably allocated to

5 building services and theater maintenance

6 and repairs.’’.

7 SEC. 8. DEFINITIONS.

8 The John F. Kennedy Center Act (20

9 U.S.C. 76h–76q) is amended by adding at the

10 end the following:

11 ‘‘SEC. 13. DEFINITIONS.

12 ‘‘For the purposes of this Act, the follow13 ing definitions apply:

14 ‘‘(1) CAPITAL PROJECTS.—The term

15 ‘capital projects’ means capital repairs,

16 replacements, improvements, rehabil17 itations, alterations, and modifications to

18 the existing features of the building and

19 site of the John F. Kennedy Center for

20 the Performing Arts, including the thea21 ters, garage, plaza, and building walk22 ways.

23 ‘‘(2) MAINTENANCE, REPAIR, AND SECU24 RITY SERVICES.—The term ‘maintenance,

25 repair, and security services’ means all
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1 services and equipment necessary to

2 maintain and operate the existing fea3 tures of the building and site of the John

4 F. Kennedy Center for the Performing

5 Arts, including the theater, garage, plaza,

6 and building walkways in a manner con7 sistent with requirements for high qual8 ity operations.

9 ‘‘(3) BUILDING AND SITE OF THE JOHN F.

10 KENNEDY CENTER FOR THE PERFORMING

11 ARTS.—The terms ‘building and site of the

12 John F. Kennedy Center for the Perform13 ing Arts’ and ‘grounds of the John F. Ken14 nedy Center for the Performing Arts’

15 mean the site in the District of Columbia

16 on which the John F. Kennedy Center

17 building is constructed and which ex18 tends to the line of the west face of the

19 west retaining walls and curbs of the

20 Inner Loop Freeway on the east, the

21 north face of the north retaining walls

22 and curbs of the Theodore Roosevelt

23 Bridge approaches on the south, the east

24 face of the east retaining walls and curbs

25 of Rock Creek Parkway on the west, and
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1 the south curbs of New Hampshire Ave2 nue and F Street on the north, as gen3 erally depicted on the map entitled

4 ‘Transfer of John F. Kennedy Center for

5 the Performing Arts’, numbered 844/

6 82563, and dated April 20, 1994, which

7 shall be on file and available for public

8 inspection in the office of the National

9 Capital Region, National Park Service,

10 Department of the Interior.’’.

11 SEC. 9. RULES AND REGULATIONS.

12 (a) AUTHORITY TO PRESCRIBE.—Section 5(a)

13 of the Act of October 24, 1951 (40 U.S.C. 193r)

14 is amended—

15 (1) by striking ‘‘Institution and’’ and

16 inserting ‘‘Institution,’’; and

17 (2) by inserting ‘‘, and the Trustees of

18 the John F. Kennedy Center for the Per19 forming Arts,’’ after ‘‘National Gallery of

20 Art’’.

21 (b) AUTHORITY TO SUSPEND.—Section 8 of

22 such Act (40 U.S.C. 193u) is amended by strik23 ing ‘‘the Secretary of the Smithsonian Institu24 tion or the Trustees of the National Gallery of

25 Art or’’ each place it appears and inserting
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1 ‘‘the Secretary of the Smithsonian Institution,

2 the Trustees of the National Gallery of Art,

3 the Trustees of the John F. Kennedy Center

4 for the Performing Arts, or’’.

5 (c) BUILDINGS AND GROUNDS DEFINED.—

6 Section 9 of such Act (40 U.S.C. 193v) is

7 amended by adding at the end the following:

8 ‘‘(3) The site of the John F. Kennedy

9 Center for the Performing Arts, which

10 shall be held to extend to the line of the

11 west face of the west retaining walls and

12 curbs of the Inner Loop Freeway on the

13 east, the north face of the north retaining

14 walls and curbs of the Theodore Roo15 sevelt Bridge approaches on the south,

16 the east face of the east retaining walls

17 and curbs of Rock Creek Parkway on the

18 west, and the south curbs of New Hamp19 shire Avenue and F Street on the north,

20 as generally depicted on the map entitled

21 ‘Transfer of John F. Kennedy Center for

22 the Performing Arts’, numbered 844/

23 82563, and dated April 20, 1994, which

24 shall be on file and available for public

25 inspection in the office of the National
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1 Capital Region, National Park Service,

2 Department of the Interior.’’.

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