H. R. 3567

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

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 new subsection: ‘‘(b) FINDINGS.—Congress finds that— ‘‘(1) the late John Fitzgerald Kennedy served with distinction as President of the United States and as a Member of

the Senate and the House of Representatives;

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

the United States and the world have suffered a great loss; ‘‘(3) the late John Fitzgerald Kennedy was particularly

devoted to education and cultural understanding and the

advancement of the performing arts; ‘‘(4) it is fitting and proper that a living institution of

the performing arts, designated as the National Center for

the Performing Arts, named in the memory and honor of this

great leader, shall serve as the sole national monument to

his memory within the District of Columbia and its environs;

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

the United States by preserving, fostering, and transmitting

the performing arts traditions of the people of the United

States and other countries by producing and presenting music,

opera, theater, dance, and other performing arts; and

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

F. Kennedy Center for the Performing Arts, located in the

District of Columbia.’’.

(b) EX OFFICIO TRUSTEES.—

(1) IN GENERAL.—Section 2 of such Act (20 U.S.C. 76h)

is amended—
H. R. 3567—2

(A) by striking the section heading and all that follows

before ‘‘There is hereby’’ and inserting the following:

‘‘SEC. 2. BOARD OF TRUSTEES.

‘‘(a) ESTABLISHMENT.—’’;

(B) in the first sentence, by inserting ‘‘as the National

Center for the Performing Arts, a living memorial to John

Fitzgerald Kennedy,’’ after ‘‘thereof’’; and

(C) in the second sentence—

(i) by striking ‘‘Chairman of the District of Columbia Recreation Board’’ and inserting ‘‘Superintendent

of Schools of the District of Columbia’’; and

(ii) by striking ‘‘three Members of the Senate’’ and

all that follows before ‘‘ex officio’’ and inserting ‘‘the

chairman and ranking minority member of the

Committee on Public Works and Transportation of the

House of Representatives and 3 additional Members

of the House of Representatives appointed by the

Speaker of the House of Representatives, and the chairman and ranking minority member of the Committee

on Environment and Public Works of the Senate and

3 additional Members of the Senate appointed by the

President of the Senate’’.

(2) EFFECTIVE DATES.—

(A) SUPERINTENDENT OF SCHOOLS OF THE DISTRICT OF

COLUMBIA.—The amendment made by paragraph (1)(C)(i)

shall take effect on the date of expiration of the term

of the Chairman of the District of Columbia Recreation

Board serving as a trustee of the John F. Kennedy Center

for the Performing Arts on the date of enactment of this

Act.

(B) MEMBERS OF CONGRESS.—The amendment made

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

enactment of this Act.

(c) GENERAL TRUSTEES.—Subsection (b) of section 2 of such

Act is amended to read as follows:

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

appointed by the President of the United States. Each trustee

shall hold office as a member of the Board for a term of 6 years,

except that—

‘‘(1) any member appointed to fill a vacancy occurring before

the expiration of the term for which the predecessor of the

member was appointed shall be appointed for the remainder

of the term;

‘‘(2) a member shall continue to serve until the successor

of the member has been appointed; and

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

date of enactment of the John F. Kennedy Center Act Amendments of 1994 shall expire as designated at the time of appointment.’’.

(d) ADVISORY COMMITTEE ON THE ARTS.—Section 2(c) of such

Act is amended—

(1) by inserting ‘‘ADVISORY COMMITTEE ON THE

ARTS.—’’ before ‘‘There shall be’’;

(2) in the first sentence, by inserting ‘‘of the United States’’

after ‘‘President’’ the first place it appears;
H. R. 3567—3

(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 ‘‘com- pensation’’ 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 comprehen- sive and broad program for national and community

outreach, including establishing model programs for

adaptation by other presenting and educational institutions; and

‘‘(iii) by conducting joint initiatives with the national education and outreach programs of the Very

Special Arts, an entity affiliated with the John F.

Kennedy Center for the Performing Arts which has

an established program for the identification, development, and implementation of model programs and

projects in the arts for disabled individuals;

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

programs and policies of the John F. Kennedy Center for

the Performing Arts meet the highest level of excellence

and reflect the cultural diversity of the United States; ‘‘(D) provide facilities for other civic activities at the

John F. Kennedy Center for the Performing Arts; ‘‘(E) provide within the John F. Kennedy Center for the Performing Arts a suitable memorial in honor of the

late President;

‘‘(F) develop, and update annually, a comprehensive

building needs plan for the features of the John F. Kennedy

Center for the Performing Arts in existence on the date

of enactment of the John F. Kennedy Center Act Amendments of 1994;

‘‘(G) with respect to each feature of the building and

site of the John F. Kennedy Center for the Performing

Arts that is in existence on the date of enactment of the

John F. Kennedy Center Act Amendments of 1994 (includ-
H. R. 3567—4

ing a theater, the garage, the plaza, or a building walkway),

plan, design, and construct each capital repair, replacement, improvement, rehabilitation, alteration, or modification necessary for the feature; and

‘‘(H) provide—

‘‘(i) information and interpretation; and

‘‘(ii) with respect to each feature of the building

and site of the John F. Kennedy Center for the

Performing Arts that is in existence on the date of

enactment of the John F. Kennedy Center Act Amendments of 1994 (including a theater, the garage, the

plaza, or a building walkway), all necessary maintenance, repair, and alteration of, and all janitorial, security, and other services and equipment necessary for

the operation of, the feature, in a manner consistent

with requirements for high quality operations.

‘‘(2) ADMINISTRATIVE POWERS AND DUTIES.—

‘‘(A) AUTHORITY TO ENTER INTO CONTRACTS.—The

Board, in accordance with applicable law, may enter into

contracts or other arrangements with, and make payments

to, public agencies or private organizations or other private

persons in order to carry out the functions of the Board

under this Act. The authority described in the preceding

sentence includes utilizing the services and facilities of

other agencies, including the Department of the Interior,

the General Services Administration, and the Smithsonian

Institution.

‘‘(B) PREPARATION OF BUDGET.—The Board shall prepare a budget pursuant to sections 1104, 1105(a), and

1513(b) of title 31, United States Code.

‘‘(C) USE OF AGENCY PERSONNEL.—The Board may utilize or employ the services of the personnel of any agency

or instrumentality of the Federal Government or the District of Columbia, with the consent of the agency or the

instrumentality concerned, on a reimbursable basis, and

utilize voluntary and uncompensated personnel. ‘‘(D) SELECTION OF CONTRACTORS.—In carrying out the

duties of the Board under this Act, the Board may negotiate

any contract for an environmental system for, a protection

system for, or a repair to, maintenance of, or restoration

of the John F. Kennedy Center for the Performing Arts

with selected contractors and award the contract on the

basis of contractor qualifications as well as price.

‘‘(E) MAINTENANCE OF HALLS.—The Board shall maintain the Hall of Nations, the Hall of States, and the Grand

Foyer of the John F. Kennedy Center for the Performing

Arts in a manner that is suitable to a national performing

arts center that is operated as a Presidential memorial

and in a manner consistent with other national Presidential

memorials.

‘‘(F) MAINTENANCE OF GROUNDS.—The Board shall

manage and operate the grounds of the John F. Kennedy

Center for the Performing Arts in a manner consistent

with National Park Service regulations and agreements

in effect on the date of enactment of the John F. Kennedy

Center Act Amendments of 1994. No change in the management and operation of the grounds may be made without
H. R. 3567—5

the express approval of Congress and of the Secretary

of the Interior.’’.

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

(a) SOLICITATION AND ACCEPTANCE OF GIFTS.—Section 5 of the

John F. Kennedy Center Act (20 U.S.C. 76k) is amended— (1) by striking the section heading and all that follows through ‘‘(a)’’ and inserting the following:

‘‘SEC. 5. POWERS OF THE BOARD.

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

(2) in subsection (a), by striking ‘‘Smithsonian Institution’’ and inserting ‘‘John F. Kennedy Center for the Performing

Arts, as a bureau of the Smithsonian Institution,’’.

(b) APPOINTMENT OF OFFICERS AND EMPLOYEES.—Subsection

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

‘‘(b) APPOINTMENT OF OFFICERS AND EMPLOYEES.— ‘‘(1) CHAIRPERSON AND SECRETARY.—The Board shall

appoint and fix the compensation and duties of a Chairperson

of the John F. Kennedy Center for the Performing Arts, who

shall serve as the chief executive officer of the Center, and

a Secretary of the John F. Kennedy Center for the Performing

Arts. The Chairperson and Secretary shall be well qualified

by experience and training to perform the duties of their respective offices.

‘‘(2) SENIOR LEVEL EXECUTIVE AND OTHER EMPLOYEES.— The Chairperson of the John F. Kennedy Center for the

Performing Arts may appoint— ‘‘(A) a senior level executive who, by virtue of the background of the individual, shall be well suited to be

responsible for facilities management and services and who

may, without regard to the provisions of title 5, United

States Code, be appointed and compensated with appropriated funds, except that the compensation may not exceed

the maximum rate of pay prescribed for level IV of the

Executive Schedule under section 5315 of title 5, United

States Code; and

‘‘(B) such other officers and employees of the John F. Kennedy Center for the Performing Arts as may be

necessary for the efficient administration of the functions

of the Board.’’.

(c) TRANSFERS; REVIEW OF BOARD ACTIONS.—Section 5 of such

Act is amended by striking subsection (c) and inserting the following

new subsections:

‘‘(c) TRANSFER OF PROPERTY.—Not later than October 1, 1995,

the property, liabilities, contracts, records, and unexpended balances

of appropriations, authorizations, allocations, and other funds

employed, held, used, arising from, available to, or to be made

available in connection with the functions transferred from the

Secretary of the Interior pursuant to the amendments made by

the John F. Kennedy Center Act Amendments of 1994 shall be

transferred, subject to section 1531 of title 31, United States Code,

to the Board as the Board and the Secretary of the Interior may

determine appropriate. Unexpended funds transferred pursuant to

this subsection shall be used only for the purposes for which,

and subject to the terms under which, the funds were originally

authorized and appropriated.

‘‘(d) TRANSFER OF PERSONNEL.—
H. R. 3567—6

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

assigned to duties related to the functions being undertaken

by the Board shall be transferred with their functions to the

Board not later than October 1, 1995.

‘‘(2) RIGHTS AND BENEFITS.—Transferred employees shall

remain in the Federal competitive service and retain all rights

and benefits provided under title 5, United States Code. For

a period of not less than 3 years after the date of transfer

of an employee under paragraph (1), the transferred employee

shall retain the right of priority consideration under merit

promotion procedures or lateral reassignment for all vacancies

within the Department of the Interior.

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

Police guard force employees assigned to the John F. Kennedy

Center for the Performing Arts shall remain employees of the

National Park Service.

‘‘(4) COSTS.—All usual and customary costs associated with

any adverse action or grievance proceeding resulting from the

transfer of functions under this section that are incurred before

October 1, 1995, shall be paid from funds appropriated to

the John F. Kennedy Center for the Performing Arts.

‘‘(5) REORGANIZATION AUTHORITY.—Nothing contained in

this section shall prohibit the Board from reorganizing functions

at the John F. Kennedy Center for the Performing Arts in

accordance with laws governing reorganizations.

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

relating to performing arts and to payments made or directed

to be made by the Board from any trust funds shall not be subject

to review by any officer or agency other than a court of law.

‘‘(f) COLLECTIVE BARGAINING.—

‘‘(1) DEFINITION.—As used in this subsection, the term

‘theatrical employee’ means a nonappropriated fund employee

of the Board, who is engaged in a box office, performing, or

theatrical trade that is the subject of a collective bargaining

agreement as of January 1, 1994, including any change in

the trade as a result of a technological advance.

‘‘(2) COLLECTIVE BARGAINING.—

‘‘(A) IN GENERAL.—For the purposes of the National

Labor Relations Act (29 U.S.C. 151 et seq.) and the LaborManagement Relations Act, 1947 (29 U.S.C. 141 et seq.)—

‘‘(i) each theatrical employee shall be considered

to be an ‘employee’ within the meaning of section 2(3)

of the National Labor Relations Act (29 U.S.C. 152(3));

and

‘‘(ii) with respect to a theatrical employee, the

Board shall be considered to be an ‘employer’ within

the meaning of section 2(2) of the National Labor Relations Act (29 U.S.C. 152(2)).

‘‘(B) RIGHTS AND OBLIGATIONS.—With respect to each

theatrical employee, the theatrical employee and the Board

shall have all of the rights and obligations specified in

such Acts.’’.

SEC. 5. REVIEWS, AUDITS, AND CLAIMS.

Section 6 of the John F. Kennedy Center Act (20 U.S.C. 76l)

is amended—
H. R. 3567—7

(1) in subsection (c), by striking ‘‘its operations’’ and inserting ‘‘the operations of the Board’’; and

(2) by striking subsections (e) and (f) and inserting the

following new subsections:

‘‘(d) AUDIT OF ACCOUNTS.—Not less than once every 3 years,

the Comptroller General shall review and audit the accounts of

the John F. Kennedy Center for the Performing Arts for the purpose

of examining expenditures of funds appropriated under the authority provided by this Act.

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

by funds appropriated pursuant to section 12 shall be subject to

the requirements for a Federal entity under the Inspector General

Act of 1978 (5 U.S.C. App. 3). The Inspector General of the Smithsonian Institution is authorized to carry out the requirements of

such Act on behalf of the Board, on a reimbursable basis when

requested by the Board.

‘‘(f) PROPERTY AND PERSONNEL COMPENSATION.—

‘‘(1) IN GENERAL.—The Board may procure insurance

against any loss in connection with the property of the Board

and other assets administered by the Board. Each employee

and volunteer of the Board shall be considered to be a civil

employee of the United States (within the meaning of the

term ‘employee’ as defined in section 8101(1) of title 5, United

States Code), except that the Board shall continue to provide

benefits with respect to any disability or death resulting from

a personal injury to a nonappropriated fund employee of the

Board sustained while in the performance of the duties of

the employee for the Board pursuant to the workers compensation statute of the jurisdiction in which the John F. Kennedy

Center for the Performing Arts is located. The disability or

death benefits referred to in the preceding sentence, whether

under the workers compensation statute referred to in the

preceding sentence or under chapter 81 of title 5, United States

Code, shall continue to be the exclusive liability of the Board

and the United States with respect to all employees and volunteers of the Board.

‘‘(2) FEDERAL TORT CLAIMS.—For the purposes of chapter

171 of title 28, United States Code, an employee of the Board

shall be considered to be an ‘employee of the government’

and the Board shall be considered to be a ‘Federal agency’.

No employee of the Board may bring suit against the United

States or the Board under the Federal tort claims procedure

of chapter 171 of title 28, United States Code, for disability

or death resulting from personal injury sustained while in

the performance of the duties of the employee for the Board.’’.

SEC. 6. TECHNICAL AMENDMENTS.

Section 10 of the John F. Kennedy Center Act (20 U.S.C.

76p) is amended—

(1) by striking ‘‘he’’ and inserting ‘‘the Secretary’’; and

(2) by striking ‘‘his judgment’’ and inserting ‘‘the judgment

of the Secretary’’.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

The John F. Kennedy Center Act (20 U.S.C. 76h et seq.) is

amended by adding at the end the following new section:
H. R. 3567—8

‘‘SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) MAINTENANCE, REPAIR, AND SECURITY.—There are authorized to be appropriated to the Board to carry out section 4(a)(1)(H)

$12,000,000 for each of fiscal years 1995 through 1999. ‘‘(b) CAPITAL PROJECTS.—There are authorized to be appro- priated to the Board to carry out subparagraphs (F) and (G) of

section 4(a)(1) $9,000,000 for each of fiscal years 1995 through

1999.

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

pursuant to this section may be used for any direct expense incurred

in the production of a performing arts attraction, for personnel

who are involved in performing arts administration (including any

supply or equipment used by the personnel), or for production,

staging, public relations, marketing, fundraising, ticket sales, or

education. Funds appropriated directly to the Board shall not affect

nor diminish other Federal funds sought for any performing arts

function and may be used to reimburse the Board for that portion

of costs that are Federal costs reasonably allocated to building

services and theater maintenance and repair.’’.

SEC. 8. DEFINITIONS.

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

the following new section:

‘‘SEC. 13. DEFINITIONS.

‘‘As used in this Act, the terms ‘building and site of the John F. Kennedy Center for the Performing Arts’ and ‘grounds of the

John F. Kennedy Center for the Performing Arts’ refer to the

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

Center building is constructed and that extends to the line of

the west face of the west retaining walls and curbs of the Inner

Loop Freeway on the east, the north face of the north retaining

walls and curbs of the Theodore Roosevelt Bridge approaches on

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

of Rock Creek Parkway on the west, and the south curbs of New

Hampshire Avenue and F Street on the north, as generally depicted

on the map entitled ‘Transfer of John F. Kennedy Center for the

Performing Arts’, numbered 844/82563, and dated April 20, 1994,

which shall be on file and available for public inspection in the

office of the National Capital Region, National Park Service, Department of the Interior.’’.

SEC. 9. RULES AND REGULATIONS.

(a) AUTHORITY TO PRESCRIBE.—Section 5(a) of the Act of October 24, 1951 (65 Stat. 634; chapter 559; 40 U.S.C. 193r(a)), is

amended—

(1) by striking ‘‘Institution and’’ and inserting ‘‘Institution,’’;

and

(2) by inserting ‘‘, and the Trustees of the John F. Kennedy

Center for the Performing Arts,’’ after ‘‘National Gallery of

Art’’.

(b) AUTHORITY TO SUSPEND.—Section 8 of such Act (40 U.S.C.

193u) is amended by striking ‘‘the Secretary of the Smithsonian

Institution or the Trustees of the National Gallery of Art or’’ each

place it appears and inserting ‘‘the Secretary of the Smithsonian

Institution, the Trustees of the National Gallery of Art, the Trustees

of the John F. Kennedy Center for the Performing Arts, or’’.
H. R. 3567—9

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

(40 U.S.C. 193v) is amended by adding at the end the following

new paragraph:

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

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

of the west face of the west retaining walls and curbs of

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

north retaining walls and curbs of the Theodore Roosevelt

Bridge approaches on the south, the east face of the east

retaining walls and curbs of Rock Creek Parkway on the west,

and the south curbs of New Hampshire Avenue and F Street

on the north, as generally depicted on the map entitled ‘Transfer of John F. Kennedy Center for the Performing Arts’, numbered 844/82563, and dated April 20, 1994, which shall be

on file and available for public inspection in the office of the

National Capital Region, National Park Service, Department

of the Interior.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.