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ferred with their functions to the John F. Kennedy Center
Board of Trustees not later than October 1, 1995. These
employees shall remain in the Federal competitive service
retaining all benefits and rights provided under title 5 of
the United States Code. For a period of not less than
three years, transferred employees will retain the right of
priority consideration under merit promotion procedures
or lateral reassignment for all vacancies within the De-
partment of the Interior. All United States Park Police
employees assigned to the John F. Kennedy Center will
remain employees of the National Park Service. Appro-
priations provided for the John F. Kennedy Center for the
Performing Arts will bear all costs associated with adverse
action or grievance procedures resulting from this transfer
of function, and from the abolishment of law enforcement
and security services performed by the United States Park
Police which are incurred during the transition period
when the United States Park Police are performing func-
tions within the building and site of the John F. Kennedy
Center for the Performing Arts. Nothing contained herein
shall, following the transfer specified herein, be deemed
to prohibit the Board of Trustees from reorganizing func-
tions at the Center in accord with the law governing such
reorganizations.’’
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SEC. 5. OFFICIAL SEAL, BOARD VACANCIES, AND QUORUM,
TRUSTEE POWERS AND OBLIGATIONS, RE-
PORTS, NATIONAL PARK SERVICE INTERPRE-
TIVE FUNCTIONS, SUPPORT SERVICES, RE-
VIEWS AND AUDIT, SECRETARY OF THE INTE-
RIOR’S 
FUNCTIONS, 
ESTABLISHMENT 
OF
FUND.
Section 6 of the Act (20 U.S.C. 761) is amended—
(1) in subsection (c)—by striking ‘‘its’’ and in-
serting ‘‘the Board’s’’;
(2) by striking subsection (e); and
(3) by striking subsection (f) and inserting the
following new subsections—
‘‘(f) The General Accounting Office shall review and
audit, at least every 3 years, the accounts of the John
F. Kennedy Center for the Performing Arts for the pur-
pose of examining expenditures of funds appropriated
under authority provided herein.
‘‘(g) The functions of the Board funded by amounts
appropriated under section 12 shall be subject to the re-
quirements of the Inspector General Act of 1978, as
amended. The Inspector General of the Smithsonian Insti-
tution is authorized to carry out the requirements of that
Act on behalf of the Board, on a reimbursable basis.
‘‘(h) The Board may procure insurance against any
loss in connection with its property and other assets ad-
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ministered by it. The Board’s employees and volunteers
shall be deemed civil employees of the United States with-
in the meaning of the term ‘employee’ as defined in 5
U.S.C. section 8101, except that the Board shall continue
to provide benefits with respect to any disability or death
resulting from an injury to its nonappropriated fund em-
ployees pursuant to the District of Columbia workers com-
pensation statute; and such benefits, whether under work-
ers compensation statutes or the Federal Employees Com-
pensation Act, shall continue to be the exclusive liability
of the Board and the United States with respect to all
employees and volunteers; but in no circumstance may an
employee bring suit against the United States under the
Federal Tort Claims Procedure, chapter 171 of title 28
of the United States Code, for disability or death resulting
from personal injury sustained while in the performance
of the employee’s duties for the Board.
‘‘(i) Any settlement, award or judgment, made or en-
tered pursuant to chapter 171 of title 28 of the United
States Code, arising from any act or omission of a Ken-
nedy Center Board employee in the performance of a
nonappropriated fund activity, shall be paid only from
funds available to the Board for its performing arts activi-
ties.’’
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SEC. 6. TECHNICAL AMENDMENT.
Section 10 of the 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 Act is amended by inserting at the end thereof
the following new section 12 (20 U.S.C. 76r):
‘‘SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) MAINTENANCE, REPAIR AND SECURITY.—There
are authorized to be appropriated to the Board
$12,000,000 for fiscal year 1995 and each succeeding fis-
cal year through fiscal year 1999 to carry out subpara-
graph (H) of section 4(a)(1).
‘‘(b) CAPITAL PROJECTS.—There are authorized to
be appropriated to the Board $9,000,000 for fiscal year
1994 and each succeeding fiscal year through fiscal year
1999 to carry out subparagraphs (F) and (G) of section
4(a)(1).
‘‘(c) FEDERAL FUNDS.—No funds appropriated pur-
suant to this section shall be used for the direct expenses
incurred in the production of performing arts attractions,
or for personnel (including supplies and equipment used
by them) who are involved in performing arts administra-
tion, or for production, staging, public relations, market-
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ing, 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 Act is amended by inserting at the end thereof
a new section 13 (20 U.S.C. 76s)—
‘‘SEC. 13. DEFINITIONS.
‘‘For the purpose of this Act—
‘‘(1) the term ‘capital projects’ means capital
repairs, replacements, improvements, rehabilitations,
alterations, and modifications to the existing fea-
tures of the John F. Kennedy Center for the Per-
forming Arts building and the site, including the
theaters, garage, plaza, and building walkways;
‘‘(2) the term ‘maintenance, repair, and secu-
rity services’ means all services and equipment nec-
essary to maintain and operate the existing features
of the John F. Kennedy Center for the Performing
Arts building and the site, including the theater, ga-
rage, plaza, and building walkways in a manner con-
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sistent with the requirements for high quality oper-
ations;
‘‘(3) 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.’’
SEC. 9. RULES AND REGULATIONS.
Sections 193r, 193u, and 193v of title 40 are amend-
ed as follows:
(1) 40 U.S.C. section 193r is amended by strik-
ing ‘‘and’’ after ‘‘Institution’’ and substituting a
comma, and by adding ‘‘, and the Trustees of the
John F. Kennedy Center for the Performing Arts,’’
after ‘‘National Gallery of Art’’;