IIA

103D CONGRESS

2D SESSION H. R. 3567

IN THE SENATE OF THE UNITED STATES

MAY 11 (legislative day, MAY 2), 1994

Received; read twice and referred to the Committee on Environment and

Public Works

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.

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 Cen5 ter Act Amendments of 1994’’.
2

•HR 3567 RFS

1 SEC. 2. FINDINGS, BUREAU, BOARD OF TRUSTEES, AND AD2 VISORY COMMITTEE.

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

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

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

6 following:

7 ‘‘SECTION 1. SHORT TITLE AND FINDINGS.

8 ‘‘(a) SHORT TITLE.—’’; and

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

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

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

12 with distinction as President of the United States

13 and as a Member of the Senate and the House of

14 Representatives;

15 ‘‘(2) by the untimely death of John Fitzgerald

16 Kennedy this Nation and the world have suffered a

17 great loss;

18 ‘‘(3) the late John Fitzgerald Kennedy was par19 ticularly devoted to education and cultural under20 standing and the advancement of the performing

21 arts;

22 ‘‘(4) it is fitting and proper that a living insti23 tution of the performing arts, designated as the Na24 tional Center for the Performing Arts, named in the

25 memory and honor of this great leader, shall serve
3

•HR 3567 RFS

1 as the sole national monument to his memory within

2 the District of Columbia and its environs;

3 ‘‘(5) such a living memorial serves all of the

4 people of the United States by preserving, fostering,

5 and transmitting the performing arts traditions of

6 the people of this Nation and other countries by pro7 ducing and presenting music, opera, theater, dance,

8 and other performing arts; and

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

10 the John F. Kennedy Center for the Performing

11 Arts, located in the District of Columbia.’’.

12 (b) EX OFFICIO TRUSTEES.—

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

14 U.S.C. 76h) is amended—

15 (A) by striking the section heading and all

16 that follows before ‘‘There is hereby’’ and in17 serting the following:

18 ‘‘SEC. 2. BOARD OF TRUSTEES.

19 ‘‘(a) ESTABLISHMENT.—’’;

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

21 the National Center for the Performing Arts, a

22 living memorial to John Fitzgerald Kennedy,’’

23 after ‘‘thereof ’’;

24 (C) in the second sentence by striking

25 ‘‘Chairman of the District of Columbia Recre-
4

•HR 3567 RFS

1 ation Board’’ and inserting ‘‘Superintendent of

2 Schools of the District of Columbia’’; and

3 (D) in the second sentence by striking

4 ‘‘three Members of the Senate’’ and all that fol5 lows before ‘‘ex officio’’ and inserting ‘‘the

6 chairman and ranking minority member of the

7 Committee on Public Works and Transpor8 tation of the House of Representatives and 3

9 additional Members of the House of Represent10 atives appointed by the Speaker of the House of

11 Representatives, and the chairman and ranking

12 minority member of the Committee on Environ13 ment and Public Works of the Senate and 3 ad14 ditional Members of the Senate appointed by

15 the President of the Senate’’.

16 (2) EFFECTIVE DATES.—

17 (A) SUPERINTENDENT OF SCHOOLS OF

18 THE DISTRICT OF COLUMBIA.—The amendment

19 made by paragraph (1)(C) shall take effect on

20 the date of expiration of the term of the Chair21 man of the District of Columbia Recreation

22 Board serving as a trustee of the John F. Ken23 nedy Center for the Performing Arts on the

24 date of the enactment of this Act.
5

•HR 3567 RFS

1 (B) MEMBERS OF CONGRESS.—The

2 amendment made by paragraph (1)(D) shall

3 take effect on the date of the enactment of this

4 Act.

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

6 is amended to read as follows:

7 ‘‘(b) GENERAL TRUSTEES.—The general trustees

8 shall be appointed by the President of the United States

9 and each such trustee shall hold office as a member of

10 the Board for a term of 6 years, except that—

11 ‘‘(1) any member appointed to fill a vacancy oc12 curring before the expiration of the term for which

13 such member’s predecessor was appointed shall be

14 appointed for the remainder of such term;

15 ‘‘(2) a member shall continue to serve until

16 such member’s successor has been appointed; and

17 ‘‘(3) the term of office of a member appointed

18 before the date of the enactment of the John F.

19 Kennedy Center Act Amendments of 1994 shall ex20 pire as designated at the time of appointment.’’.

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

22 2(c) of such Act is amended—

23 (1) by inserting ‘‘ADVISORY COMMITTEE ON

24 THE ARTS.—’’ before ‘‘There shall be’’;
6

•HR 3567 RFS

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

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

3 appears;

4 (3) in the fifth sentence by striking ‘‘cultural

5 activities to be carried on in’’ and inserting ‘‘cultural

6 activities to be carried out by’’; and

7 (4) in the last sentence by striking all that fol8 lows ‘‘compensation’’ and inserting a period.

9 SEC. 3. DUTIES OF THE BOARD.

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

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

12 and all that follows through the period at the end of sub13 section (a) and inserting the following:

14 ‘‘SEC. 4. DUTIES OF THE BOARD.

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

16 ‘‘(1) IN GENERAL.—The Board shall—

17 ‘‘(A) present classical and contemporary

18 music, opera, drama, dance, and other perform19 ing arts from the United States and other coun20 tries;

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

22 Kennedy Center for the Performing Arts as the

23 National Center for the Performing Arts—

24 ‘‘(i) by developing and maintaining a

25 leadership role in national performing arts
7

•HR 3567 RFS

1 education policy and programs, including

2 developing and presenting original and in3 novative performing arts and educational

4 programs for children, youth, families,

5 adults, and educators designed specifically

6 to foster an appreciation and understand7 ing of the performing arts;

8 ‘‘(ii) by developing and maintaining a

9 comprehensive and broad program for na10 tional and community outreach, including

11 establishing model programs for adaptation

12 by other presenting and educational insti13 tutions; and

14 ‘‘(iii) by conducting joint initiatives

15 with the national education and outreach

16 programs of the Very Special Arts, an en17 tity affiliated with the John F. Kennedy

18 Center for the Performing Arts which has

19 an established program for the identifica20 tion, development, and implementation of

21 model programs and projects in the arts

22 for disabled individuals;

23 ‘‘(C) strive to ensure that the education

24 and outreach programs and policies of the John

25 F. Kennedy Center for the Performing Arts
8

•HR 3567 RFS

1 meet the highest level of excellence and reflect

2 the cultural diversity of the Nation;

3 ‘‘(D) provide facilities for other civic activi4 ties at the John F. Kennedy Center for the

5 Performing Arts;

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

7 Center for the Performing Arts a suitable me8 morial in honor of the late President;

9 ‘‘(F) develop, and update annually, a com10 prehensive building needs plan for the existing

11 features of the John F. Kennedy Center for the

12 Performing Arts;

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

14 projects at the John F. Kennedy Center for the

15 Performing Arts; and

16 ‘‘(H) provide information and interpreta17 tion; all maintenance, repair, and alteration of

18 the building of the John F. Kennedy Center for

19 the Performing Arts; and janitorial, security,

20 and all other services necessary for operating

21 the building and site of the John F. Kennedy

22 Center for the Performing Arts.

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

24 ‘‘(A) AUTHORITY TO ENTER INTO CON25 TRACTS.—The Board, in accordance with appli-
9

•HR 3567 RFS

1 cable law, may enter into contracts or other ar2 rangements with, and make payments to, public

3 agencies or private organizations or persons in

4 order to carry out the Board’s functions under

5 this Act. Such authority includes utilizing the

6 services and facilities of other agencies, includ7 ing the Department of the Interior, the General

8 Services Administration, and the Smithsonian

9 Institution.

10 ‘‘(B) PREPARATION OF BUDGET.—The

11 Board shall prepare a budget pursuant to sec12 tions 1104, 1105(a), and 1513(b) of title 31,

13 United States Code.

14 ‘‘(C) USE OF AGENCY PERSONNEL.—The

15 Board may utilize or employ the services of the

16 personnel of any agency or instrumentality of

17 the Federal Government or the District of Co18 lumbia, with the consent of the agency or the

19 instrumentality concerned, upon a reimbursable

20 basis, and utilize voluntary and uncompensated

21 personnel.

22 ‘‘(D) SELECTION OF CONTRACTORS.—In

23 carrying out its duties under this Act, the

24 Board may negotiate any contract for an envi25 ronmental system for, a protection system for,
10

•HR 3567 RFS

1 or a repair to, maintenance of, or restoration of

2 the John F. Kennedy Center for the Perform3 ing Arts with selected contractors and award

4 the contract on the basis of contractor quali5 fications as well as price.

6 ‘‘(E) MAINTENANCE OF HALLS.—The

7 Board shall maintain the Hall of Nations, the

8 Hall of States, and the Grand Foyer of the

9 John F. Kennedy Center for the Performing

10 Arts in a manner that is suitable to a national

11 performing arts center that is operated as a

12 Presidential memorial and in a manner consist13 ent with other national Presidential memorials.

14 ‘‘(F) MAINTENANCE OF GROUNDS.—The

15 Board shall manage and operate the grounds of

16 the John F. Kennedy Center for the Perform17 ing Arts in a manner consistent with National

18 Park Service regulations and agreements in ef19 fect on the date of enactment of the John F.

20 Kennedy Center Act Amendments of 1994. No

21 change in the management and operation of

22 such grounds may be made without the express

23 approval of the Secretary of the Interior and of

24 the Congress.’’.
11

•HR 3567 RFS

1 SEC. 4. OFFICERS AND EMPLOYEES; REVIEW OF BOARD AC2 TIONS.

3 (a) SOLICITATION AND ACCEPTANCE OF GIFTS.—

4 Section 5 of the John F. Kennedy Center Act (20 U.S.C.

5 76k) is amended—

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

7 follows before ‘‘The Board is’’ and inserting the fol8 lowing:

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 Smith15 sonian 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 EMPLOY19 EES.—

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

21 Board shall appoint and fix the compensation and

22 duties of a Chairperson of the John F. Kennedy

23 Center for the Performing Arts, who shall serve as

24 the chief executive officer of the Center, and a Sec25 retary of the John F. Kennedy Center for the Per26 forming Arts. The Chairperson and Secretary shall
12

•HR 3567 RFS

1 be well qualified by experience and training to per2 form the duties of their offices.

3 ‘‘(2) SENIOR LEVEL EXECUTIVE AND OTHER

4 EMPLOYEES.—The Chairperson of the John F. Ken5 nedy 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

8 suited to be responsible for facilities manage9 ment and services and who may, without regard

10 to the provisions of title 5, United States Code,

11 be appointed and compensated with appro12 priated funds, except that such compensation

13 may not exceed the maximum rate of pay for

14 level IV of the Executive Schedule; and

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

16 the John F. Kennedy Center for the Perform17 ing Arts as may be necessary for the efficient

18 administration 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 Oc23 tober 1, 1995, such property, liabilities, contracts, records,

24 and unexpended balances of appropriations, authoriza25 tions, allocations, and other funds employed, held, used,
13

•HR 3567 RFS

1 arising from, available to, or to be made available in con2 nection with the functions transferred from the Secretary

3 of the Interior pursuant to the amendments made by the

4 John F. Kennedy Center Act Amendments of 1994 shall

5 be transferred, subject to section 1531 of title 31, United

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

7 of the Interior may determine appropriate. Unexpended

8 funds transferred pursuant to this subsection shall be used

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

10 under which, the funds were originally authorized and ap11 propriated.

12 ‘‘(d) TRANSFER OF PERSONNEL.—

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

14 Park Service assigned to duties related to those

15 functions being undertaken by the Board shall be

16 transferred with their functions to the Board not

17 later than 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.
14

•HR 3567 RFS

1 ‘‘(3) PARK POLICE.—All United States Park

2 Police and Park Police guard force employees as3 signed to the John F. Kennedy Center for the Per4 forming Arts shall remain employees of the National

5 Park 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

9 under this section that are incurred before October

10 1, 1995, shall be paid from amounts appropriated to

11 the John F. Kennedy Center for the Performing

12 Arts.

13 ‘‘(5) REORGANIZATION AUTHORITY.—Nothing

14 contained in this section shall be deemed to prohibit

15 the Board from reorganizing functions at the John

16 F. Kennedy Center for the Performing Arts in ac17 cordance with laws governing such reorganizations.

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

19 the Board relating to performing arts and to payments

20 made or directed to be made by the Board from any trust

21 funds shall not be subject to review by any officer or agen22 cy other than a court of law.’’.

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

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

25 U.S.C. 76l) is amended—
15

•HR 3567 RFS

1 (1) in subsection (c) by striking ‘‘its’’ and in2 serting ‘‘the Board’s’’; and

3 (2) by striking subsections (e) and (f) and in4 serting 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 Perform8 ing Arts for the purpose of examining expenditures of

9 funds appropriated under authority provided by this Act.

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

11 Board funded by amounts appropriated pursuant to sec12 tion 12 of this Act shall be subject to the requirements

13 of the Inspector General Act of 1978. The Inspector Gen14 eral of the Smithsonian Institution is authorized to carry

15 out the requirements of such Act on behalf of the Board

16 on a reimbursable basis.

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

18 ‘‘(1) IN GENERAL.—The Board may procure in19 surance against any loss in connection with the

20 property of the Board and other assets administered

21 by the Board. The Board’s employees and volunteers

22 shall be deemed civil employees of the United States

23 within the meaning of the term ‘employee’ as defined

24 in section 8101 of title 5, United States Code; ex25 cept that the Board shall continue to provide bene-
16

•HR 3567 RFS

1 fits with respect to any disability or death resulting

2 from a personal injury to a nonappropriated fund

3 employee of the Board sustained while in the per4 formance of the employee’s duties for the Board

5 pursuant to the workers compensation statute of the

6 jurisdiction in which the John F. Kennedy Center

7 for the Performing Arts is located. Such disability or

8 death benefits, whether under such workers com9 pensation statute or chapter 81 of title 5, United

10 States Code, shall continue to be the exclusive liabil11 ity of the Board and the United States with respect

12 to all employees and volunteers of 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

16 tort claims procedure of chapter 171 of title 28,

17 United States Code, for disability or death resulting

18 from personal injury sustained while in the perform19 ance of the employee’s duties for the Board.

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

21 Any settlement, award, or judgment made or entered into

22 pursuant to chapter 171 of title 28, United States Code,

23 arising from any act or omission of an employee of

24 the Board in the performance of a

25 nonappropriated fund activity shall be paid only from
17

•HR 3567 RFS

1 funds available to the Board for its performing arts activi2 ties.’’.

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–

12 76q) is amended by adding at the end the following:

13 ‘‘SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

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

15 There is authorized to be appropriated to the Board

16 $12,000,000 per fiscal year for each of fiscal years 1995

17 through 1999 to carry out subparagraph (H) of section

18 4(a)(1).

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

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

21 each of fiscal years 1995 through 1999 to carry out sub22 paragraphs (F) and (G) of section 4(a)(1).

23 ‘‘(c) LIMITATION ON USE OF FUNDS.—No funds ap24 propriated pursuant to this section may be used for the

25 direct expenses incurred in the production of performing
18

•HR 3567 RFS

1 arts attractions, or for personnel who are involved in per2 forming arts administration (including supplies and equip3 ment used by such personnel), or for production, staging,

4 public relations, marketing, fundraising, ticket sales, and

5 education. However, funds appropriated directly to the

6 Board shall not affect nor diminish other Federal funds

7 sought for performing arts functions and may be used to

8 reimburse the Board for that portion of costs that are

9 Federal costs reasonably allocated to building services and

10 theater maintenance and repairs.’’.

11 SEC. 8. DEFINITIONS.

12 The John F. Kennedy Center Act (20 U.S.C. 76h–

13 76q) is amended by adding at the end the following:

14 ‘‘SEC. 13. DEFINITIONS.

15 ‘‘For the purposes of this Act, the following defini16 tions apply:

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

18 projects’ means capital repairs, replacements, im19 provements, rehabilitations, alterations, and modi20 fications to the existing features of the building and

21 site of the John F. Kennedy Center for the Perform22 ing Arts, including the theaters, garage, plaza, and

23 building walkways.

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

25 SERVICES.—The term ‘maintenance, repair, and se-
19

•HR 3567 RFS

1 curity services’ means all services and equipment

2 necessary to maintain and operate the existing fea3 tures of the building and site of the John F. Ken4 nedy Center for the Performing Arts, including the

5 theater, garage, plaza, and building walkways in a

6 manner consistent with requirements for high qual7 ity operations.

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

9 KENNEDY CENTER FOR THE PERFORMING ARTS.—

10 The terms ‘building and site of the John F. Ken11 nedy Center for the Performing Arts’ and ‘grounds

12 of the John F. Kennedy Center for the Performing

13 Arts’ mean the site in the District of Columbia on

14 which the John F. Kennedy Center building is con15 structed and which extends to the line of the west

16 face of the west retaining walls and curbs of the

17 Inner Loop Freeway on the east, the north face of

18 the north retaining walls and curbs of the Theodore

19 Roosevelt Bridge approaches on the south, the east

20 face of the east retaining walls and curbs of Rock

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

22 New Hampshire Avenue and F Street on the north,

23 as generally depicted on the map entitled ‘Transfer

24 of John F. Kennedy Center for the Performing

25 Arts’, numbered 844/82563, and dated April 20,
20

•HR 3567 RFS

1 1994, which shall be on file and available for public

2 inspection in the office of the National Capital Re3 gion, National Park Service, Department of the In4 terior.’’.

5 SEC. 9. RULES AND REGULATIONS.

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

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

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

9 ‘‘Institution,’’; and

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

11 John F. Kennedy Center for the Performing Arts,’’

12 after ‘‘National Gallery of Art’’.

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

14 (40 U.S.C. 193u) is amended by striking ‘‘the Secretary

15 of the Smithsonian Institution or the Trustees of the Na16 tional Gallery of Art or’’ each place it appears and insert17 ing ‘‘the Secretary of the Smithsonian Institution, the

18 Trustees of the National Gallery of Art, the Trustees of

19 the John F. Kennedy Center for the Performing Arts, or’’.

20 (c) BUILDINGS AND GROUNDS DEFINED.—Section 9

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

22 the end the following:

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

24 for the Performing Arts, which shall be held to ex25 tend to the line of the west face of the west retain-
21

•HR 3567 RFS

1 ing walls and curbs of the Inner Loop Freeway on

2 the east, the north face of the north retaining walls

3 and curbs of the Theodore Roosevelt Bridge ap4 proaches on the south, the east face of the east re5 taining walls and curbs of Rock Creek Parkway on

6 the west, and the south curbs of New Hampshire

7 Avenue and F Street on the north, as generally de8 picted on the map entitled ‘Transfer of John F.

9 Kennedy Center for the Performing Arts’, numbered

10 844/82563, and dated April 20, 1994, which shall be

11 on file and available for public inspection in the of12 fice of the National Capital Region, National Park

13 Service, Department of the Interior.’’.

Passed the House of Representatives May 10, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.