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.
Be it enacted by the Senate and House of Representa-
tives 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 Rep-
resentatives;
‘‘(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 par-
ticularly devoted to education and cultural under-
standing and the advancement of the performing arts;
‘‘(4) it is fitting and proper that a living insti-
tution of the performing arts, designated as the Na-
tional 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 peo-
ple of the United States by preserving, fostering, and
transmitting the performing arts traditions of the
people of this Nation and other countries by produc-
ing 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 insert-
ing 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 liv-
ing memorial to John Fitzgerald Kennedy,’’ after
‘‘thereof ’’;
(C) in the second sentence by striking
‘‘Chairman of the District of Columbia Recre-
ation 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 fol-
lows before ‘‘ex officio’’ and inserting ‘‘the chair-
man and ranking minority member of the Com-
mittee on Public Works and Transportation of
the House of Representatives and 3 additional
Members of the House of Representatives ap-
pointed by the Speaker of the House of Rep-
resentatives, and the chairman and ranking mi-
nority member of the Committee on Environ-
ment and Public Works of the Senate and 3 ad-
ditional 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 amend-
ment 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 oc-
curring before the expiration of the term for which
such member’s predecessor was appointed shall be ap-
pointed 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 be-
fore the date of the enactment of the John F. Kennedy
Center Act Amendments of 1994 shall expire as des-
ignated 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 ac-
tivities to be carried on in’’ and inserting ‘‘cultural
activities to be carried out by’’; and
(4) in the last sentence by striking all that fol-
lows ‘‘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 perform-
ing 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 in-
novative performing arts and educational
programs for children, youth, families,
adults, and educators designed specifically
to foster an appreciation and understand-
ing of the performing arts;
‘‘(ii) by developing and maintaining a
comprehensive and broad program for na-
tional and community outreach, including
establishing model programs for adaptation
by other presenting and educational institu-
tions; and
‘‘(iii) by conducting joint initiatives
with the national education and outreach
‘‘(H) provide information and interpreta-
tion; 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
CON-
TRACTS.—The Board, in accordance with appli-
cable law, may enter into contracts or other ar-
rangements 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 Serv-
ices Administration, and the Smithsonian Insti-
tution.
‘‘(B) 
PREPARATION
OF
BUDGET.—The
Board shall prepare a budget pursuant to sec-
tions 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 Co-
lumbia, with the consent of the agency or the in-
strumentality 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 environ-
mental 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. Ken-
nedy Center for the Performing Arts in a man-
ner that is suitable to a national performing arts
center that is operated as a Presidential
memorial.’’.
SEC. 4. OFFICERS AND EMPLOYEES; REVIEW OF BOARD
ACTIONS.
(a) SOLICITATION AND ACCEPTANCE OF GIFTS.—Sec-
tion 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 Smithso-
nian 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 Cen-
ter 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 EM-
PLOYEES.—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 suit-
ed to be responsible for facilities management
and services and who may, without regard to the
provisions of title 5, United States Code, be ap-
pointed 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 admin-
istration of the functions of the Board.’’.
(c) TRANSFERS; REVIEW OF BOARD ACTIONS.—Sec-
tion 5 of such Act is amended by striking subsection (c)
and inserting the following:
‘‘(c) TRANSFER OF PROPERTY.—Not later than Octo-
ber 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 In-
terior pursuant to the amendments made by the John F.
Kennedy Center Act Amendments of 1994 shall be trans-
ferred, 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 appro-
priated.
‘‘(d) TRANSFER OF PERSONNEL.—
‘‘(1) IN GENERAL.—Employees of the National
Park Service assigned to duties related to those func-
tions being undertaken by the Board shall be trans-
ferred with their functions to the Board not later than
October 1, 1995.
‘‘(2) RIGHTS AND BENEFITS.—Transferred em-
ployees shall remain in the Federal competitive serv-
ice 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 Po-
lice 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 as-
sociated with any adverse action or grievance pro-
ceeding 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 accord-
ance 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 insert-
ing ‘‘the Board’s’’; and
(2) by striking subsections (e) and (f) and insert-
ing 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 ap-
propriated 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 re-
quirements of such Act on behalf of the Board on a reim-
bursable basis.
‘‘(f) PROPERTY AND PERSONNEL COMPENSATION.—
‘‘(1) IN GENERAL.—The Board may procure in-
surance against any loss in connection with the prop-
erty 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 sec-
tion 8101 of title 5, United States Code; except that
the Board shall continue to provide benefits with re-
spect to any disability or death resulting from a per-
sonal 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 work-
ers 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 pursu-
ant 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 per-
forming 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 Sec-
retary’’; and
(2) by striking ‘‘his’’ and inserting ‘‘the Sec-
retary’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 sub-
paragraphs (F) and (G) of section 4(a)(1).
‘‘(c) LIMITATION ON USE OF FUNDS.—No funds ap-
propriated pursuant to this section may be used for the di-
rect 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 edu-
cation. 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 main-
tenance 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, im-
provements, rehabilitations, alterations, and modi-
fications 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 build-
ing walkways.
‘‘(2) MAINTENANCE, 
REPAIR, 
AND
SECURITY
SERVICES.—The term ‘maintenance, repair, and secu-
rity services’ means all services and equipment nec-
essary to maintain and operate the existing features
of the building and site of the John F. Kennedy Cen-
ter for the Performing Arts, including the theater, ga-
rage, plaza, and building walkways in a manner con-
sistent with requirements for high quality operations.
‘‘(3) BUILDING AND SITE OF THE JOHN F. KEN-
NEDY
CENTER
FOR
THE
PERFORMING
ARTS.—The
terms ‘building and site of the John F. Kennedy Cen-
ter 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 ex-
tends 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.’’.
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.’’.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘John F. Ken-
nedy Center Act Amendments of 1994’’.
SEC. 2. FINDINGS, BUREAU, BOARD OF TRUSTEES, AND AD-
VISORY 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 in-
serting the following:
‘‘SECTION 1. SHORT TITLE AND FINDINGS.
‘‘(a) SHORT TITLE.—’’; and
(2) by adding at the end the follow-
ing:
‘‘(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 ad-
vancement of the performing arts;
‘‘(4) it is fitting and proper that a liv-
ing 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 pre-
serving, fostering, and transmitting the
performing arts traditions of the people
of this Nation and other countries by pro-
ducing and presenting music, opera, the-
ater, 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 head-
ing and all that follows before ‘‘There
is hereby’’ and inserting the follow-
ing:
‘‘SEC. 2. BOARD OF TRUSTEES.
‘‘(a) ESTABLISHMENT.—’’;
(B) in the first sentence by insert-
ing ‘‘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 in-
serting ‘‘Superintendent of Schools of
the District of Columbia’’; and
(D) in the second sentence by
striking ‘‘three Members of the Sen-
ate’’ 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 Rep-
resentatives and 3 additional Mem-
bers of the House of Representatives
appointed by the Speaker of the
House of Representatives, and the
chairman and ranking minority mem-
ber of the Committee on Environment
and Public Works of the Senate and 3
additional Members of the Senate ap-
pointed by the President of the Sen-
ate’’.
(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 expira-
tion 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 Per-
forming Arts on the date of the enact-
ment 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 ap-
pointed 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 ap-
pointed before the date of the enactment
of the John F. Kennedy Center Act
Amendments of 1994 shall expire as des-
ignated 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 insert-
ing 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 in-
serting the following:
‘‘SEC. 4. DUTIES OF THE BOARD.
‘‘(a) PROGRAMS, ACTIVITIES, AND GOALS.—
‘‘(1) IN GENERAL.—The Board shall—
‘‘(A) present classical and contem-
porary 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 Per-
forming Arts as the National Center
for the Performing Arts—
‘‘(i) by developing and main-
taining a leadership role in na-
tional performing arts education
policy and programs, including
developing and presenting origi-
nal and innovative performing
arts and educational programs
for 
children, 
youth, 
families,
adults, and educators designed
specifically to foster an apprecia-
tion and understanding of the
performing arts;
‘‘(ii) by developing and main-
taining 
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 ini-
tiatives with the national edu-
cation and outreach programs of
the Very Special Arts, an entity
affiliated with the John F. Ken-
nedy Center for the Performing
Arts which has an established
program for the identification, de-
velopment, and implementation of
model programs and projects in
the arts for disabled individuals;
‘‘(C) strive to ensure that the edu-
cation and outreach programs and
policies of the John F. Kennedy Cen-
ter 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. Ken-
nedy 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 annu-
ally, a comprehensive building needs
plan for the existing features of the
John F. Kennedy Center for the Per-
forming Arts;
‘‘(G) plan, design, and construct
all capital projects at the John F.
Kennedy Center for the Performing
Arts; and
‘‘(H) provide information and in-
terpretation; all maintenance, repair,
and alteration of the building of the
John F. Kennedy Center for the Per-
forming Arts; and janitorial, security,
and all other services necessary for
operating the building and site of the
John F. Kennedy Center for the Per-
forming Arts.
‘‘(2) ADMINISTRATIVE
POWERS
AND
DU-
TIES.—
‘‘(A) AUTHORITY
TO
ENTER
INTO
CONTRACTS.—The Board, in accord-
ance 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 agen-
cies, including the Department of the
Interior, the General Services Admin-
istration, and the Smithsonian Insti-
tution.
‘‘(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 agen-
cy or instrumentality of the Federal
Government or the District of Colum-
bia, with the consent of the agency or
the instrumentality concerned, upon
a reimbursable basis, and utilize vol-
untary and uncompensated person-
nel.
‘‘(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 re-
pair to, maintenance of, or restora-
tion of the John F. Kennedy Center
for the Performing Arts with selected
contractors and award the contract
on the basis of contractor qualifica-
tions as well as price.
‘‘(E) MAINTENANCE OF HALLS.—The
Board shall maintain the Hall of Na-
tions, 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 oper-
ated as a Presidential memorial and
in a manner consistent with other na-
tional 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 agree-
ments in effect on the date of enact-
ment 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 AC-
TIONS.
(a) 
SOLICITATION
AND
ACCEPTANCE
OF
GIFTS.—Section 5 of the John F. Kennedy Cen-
ter 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 Per-
forming Arts, as a bureau of the Smithso-
nian Institution,’’.
(b) APPOINTMENT OF OFFICERS AND EMPLOY-
EES.—Section 5(b) of such Act is amended to
read as follows:
‘‘(b) APPOINTMENT
OF OFFICERS
AND EM-
PLOYEES.—
‘‘(1) CHAIRPERSON
AND
SECRETARY.—
The Board shall appoint and fix the com-
pensation and duties of a Chairperson of
the John F. Kennedy Center for the Per-
forming Arts, who shall serve as the chief
executive officer of the Center, and a Sec-
retary 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 Per-
forming Arts may appoint—
‘‘(A) a senior level executive who,
by virtue of the individual’s back-
ground, shall be well suited to be re-
sponsible 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 em-
ployees of the John F. Kennedy Cen-
ter for the Performing Arts as may be
necessary for the efficient adminis-
tration 
of 
the 
functions 
of 
the
Board.’’.
(c) TRANSFERS; REVIEW
OF
BOARD
AC-
TIONS.—Section 5 of such Act is amended by
striking subsection (c) and inserting the fol-
lowing:
‘‘(c) TRANSFER
OF PROPERTY.—Not later
than October 1, 1995, such property, liabil-
ities, contracts, records, and unexpended bal-
ances of appropriations, authorizations, allo-
cations, and other funds employed, held, used,
arising from, available to, or to be made avail-
able in connection with the functions trans-
ferred from the Secretary of the Interior pur-
suant 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 appro-
priated.
‘‘(d) TRANSFER OF PERSONNEL.—
‘‘(1) IN
GENERAL.—Employees of the
National Park Service assigned to duties
related to those functions being under-
taken by the Board shall be transferred
with their functions to the Board not
later than October 1, 1995.
‘‘(2) 
RIGHTS
AND
BENEFITS.—Trans-
ferred employees shall remain in the Fed-
eral 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 consider-
ation 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. Ken-
nedy 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 sec-
tion that are incurred before October 1,
1995, shall be paid from amounts appro-
priated 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 reor-
ganizing functions at the John F. Ken-
nedy Center for the Performing Arts in
accordance with laws governing such re-
organizations.
‘‘(e) REVIEW OF BOARD ACTIONS.—The ac-
tions 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 sub-
ject to the requirements of the Inspector Gen-
eral 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 COMPENSA-
TION.—
‘‘(1) IN GENERAL.—The Board may pro-
cure insurance against any loss in con-
nection with the property of the Board
and other assets administered by the
Board. The Board’s employees and volun-
teers 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 perform-
ance of the employee’s duties for the
Board pursuant to the workers com-
pensation statute of the jurisdiction in
which the John F. Kennedy Center for
the Performing Arts is located. Such dis-
ability 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.—Notwith-
standing 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 sus-
tained while in the performance of the
employee’s duties for the Board.
‘‘(g) SETTLEMENTS, AWARDS, 
AND
JUDG-
MENTS.—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
SECU-
RITY.—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 author-
ized 
to 
be 
appropriated 
to 
the 
Board
$9,000,000 per fiscal year for each of fiscal
years 1995 through 1999 to carry out subpara-
graphs (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 attrac-
tions, or for personnel who are involved in
performing arts administration (including
supplies and equipment used by such person-
nel), or for production, staging, public rela-
tions, marketing, fundraising, ticket sales,
and education. However, funds appropriated
directly to the Board shall not affect nor di-
minish other Federal funds sought for per-
forming arts functions and may be used to re-
imburse 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 follow-
ing definitions apply:
‘‘(1) 
CAPITAL
PROJECTS.—The 
term
‘capital projects’ means capital repairs,
replacements, 
improvements, 
rehabil-
itations, alterations, and modifications to
the existing features of the building and
site of the John F. Kennedy Center for
the Performing Arts, including the thea-
ters, garage, plaza, and building walk-
ways.
‘‘(2) MAINTENANCE, REPAIR, AND SECU-
RITY
SERVICES.—The term ‘maintenance,
repair, and security services’ means all
services and equipment necessary to
maintain and operate the existing fea-
tures 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 con-
sistent with requirements for high qual-
ity 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 Perform-
ing Arts’ and ‘grounds of the John F. Ken-
nedy 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 ex-
tends 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 Ave-
nue and F Street on the north, as gen-
erally 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 Per-
forming Arts,’’ after ‘‘National Gallery of
Art’’.
(b) AUTHORITY TO SUSPEND.—Section 8 of
such Act (40 U.S.C. 193u) is amended by strik-
ing ‘‘the Secretary of the Smithsonian Institu-
tion 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 Roo-
sevelt 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 Hamp-
shire 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