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 distinc-
tion 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 Colum-
bia 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 chair-
man 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 Amend-
ments of 1994 shall expire as designated at the time of appoint-
ment.’’.
(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 pro-
grams for children, youth, families, adults, and edu-
cators 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 institu-
tions; 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, develop-
ment, 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 Amend-
ments 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, replace-
ment, improvement, rehabilitation, alteration, or modifica-
tion 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 Amend-
ments of 1994 (including a theater, the garage, the
plaza, or a building walkway), all necessary mainte-
nance, repair, and alteration of, and all janitorial, secu-
rity, 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 pre-
pare 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 uti-
lize or employ the services of the personnel of any agency
or instrumentality of the Federal Government or the Dis-
trict 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 main-
tain 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 manage-
ment 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 respec-
tive 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 appro-
priated 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 Labor-
Management 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 Rela-
tions 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 insert-
ing ‘‘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 author-
ity 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 Smithso-
nian 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 compensa-
tion 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 volun-
teers 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: