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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3567 Referred in Senate (RFS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``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:
    ``(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 this 
        Nation 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 this Nation 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'';
                    (C) in the second sentence by striking ``Chairman 
                of the District of Columbia Recreation Board'' and 
                inserting ``Superintendent of Schools of the District 
                of Columbia''; and
                    (D) in the second sentence 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) 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 the 
                enactment of this Act.
                    (B) Members of congress.--The amendment made by 
                paragraph (1)(D) shall take effect on the date of the 
                enactment of this Act.
    (c) General Trustees.--Section 2(b) 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 and each such 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 such member's 
        predecessor was appointed shall be appointed for the remainder 
        of such term;
            ``(2) a member shall continue to serve until such member's 
        successor has been appointed; and
            ``(3) the term of office of a member appointed before the 
        date of the 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 
                Nation;
                    ``(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 existing features of the 
                John F. Kennedy Center for the Performing Arts;
                    ``(G) plan, design, and construct all capital 
                projects at the John F. Kennedy Center for the 
                Performing Arts; and
                    ``(H) provide information and interpretation; all 
                maintenance, repair, and alteration of the building of 
                the John F. Kennedy Center for the Performing Arts; and 
                janitorial, security, and all other services necessary 
                for operating the building and site of the John F. 
                Kennedy Center for the Performing Arts.
            ``(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 persons in order to carry out the Board's functions 
                under this Act. Such authority 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, upon a 
                reimbursable basis, and utilize voluntary and 
                uncompensated personnel.
                    ``(D) Selection of contractors.--In carrying out 
                its duties 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 such grounds may be made 
                without the express approval of the Secretary of the 
                Interior and of the Congress.''.

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 
        before ``The Board is'' 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.--Section 5(b) 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 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 individual's background, 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 such compensation may 
                not exceed the maximum rate of pay for level IV of the 
                Executive Schedule; 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:
    ``(c) Transfer of Property.--Not later than October 1, 1995, such 
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 those 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 retaining all rights 
        and benefits provided under title 5, United States Code. For a 
        period of not less than 3 years, transferred employees 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 amounts appropriated 
        to the John F. Kennedy Center for the Performing Arts.
            ``(5) Reorganization authority.--Nothing contained in this 
        section shall be deemed to prohibit the Board from reorganizing 
        functions at the John F. Kennedy Center for the Performing Arts 
        in accordance with laws governing such 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.''.

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'' and inserting 
        ``the Board's''; and
            (2) by striking subsections (e) and (f) and inserting the 
        following:
    ``(d) Audit of Accounts.--At least 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 authority provided by this 
Act.
    ``(e) Inspector General.--The functions of the Board funded by 
amounts appropriated pursuant to section 12 of this Act shall be 
subject to the requirements of the Inspector General Act of 1978. 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.
    ``(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. The Board's employees and 
        volunteers shall be deemed civil employees of the United States 
        within the meaning of the term `employee' as defined in section 
        8101 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 employee's duties 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. Such disability or death benefits, whether under such 
        workers compensation statute or 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.--Notwithstanding paragraph (1), 
        no employee of the Board may bring suit against the United 
        States 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 employee's duties for the Board.
    ``(g) Settlements, Awards, and Judgments.--Any settlement, award, 
or judgment made or entered into pursuant to chapter 171 of title 28, 
United States Code, arising from any act or omission of an employee of 
the Board in the performance of a nonappropriated fund activity shall 
be paid only from funds available to the Board for its performing arts 
activities.''.

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'' and inserting ``the Secretary's''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Maintenance, Repair, and Security.--There is authorized to be 
appropriated to the Board $12,000,000 per fiscal year for each of 
fiscal years 1995 through 1999 to carry out subparagraph (H) of section 
4(a)(1).
    ``(b) Capital Projects.--There is authorized to be appropriated to 
the Board $9,000,000 per fiscal year for each of fiscal years 1995 
through 1999 to carry out subparagraphs (F) and (G) of section 4(a)(1).
    ``(c) Limitation on Use of Funds.--No funds appropriated pursuant 
to this section may be used for the direct expenses incurred in the 
production of performing arts attractions, or for personnel who are 
involved in performing arts administration (including supplies and 
equipment used by such personnel), or for production, staging, public 
relations, marketing, fundraising, ticket sales, and education. 
However, funds appropriated directly to the Board shall not affect nor 
diminish other Federal funds sought for performing arts functions 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 repairs.''.

SEC. 8. DEFINITIONS.

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

``SEC. 13. DEFINITIONS.

    ``For the purposes of this Act, the following definitions apply:
            ``(1) Capital projects.--The term `capital projects' means 
        capital repairs, replacements, improvements, rehabilitations, 
        alterations, and modifications to the existing features of the 
        building and site of the John F. Kennedy Center for the 
        Performing Arts, including the theaters, garage, plaza, and 
        building walkways.
            ``(2) Maintenance, repair, and security services.--The term 
        `maintenance, repair, and security services' means all services 
        and equipment necessary to maintain and operate the existing 
        features of the building and site of the John F. Kennedy Center 
        for the Performing Arts, including the theater, garage, plaza, 
        and building walkways in a manner consistent with requirements 
        for high quality operations.
            ``(3) Building and site of the john f. kennedy center for 
        the performing arts.--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' mean the site 
        in the District of Columbia on which the John F. Kennedy Center 
        building is constructed and which 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 (40 U.S.C. 193r) 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:
            ``(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.''.

            Passed the House of Representatives May 10, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
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