or a repair to, maintenance of, or restoration of
the John F. Kennedy Center for the Perform-
ing Arts with selected contractors and award
the contract on the basis of contractor quali-
fications 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 consist-
ent 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 Perform-
ing Arts in a manner consistent with National
Park Service regulations and agreements in ef-
fect 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 AC-
TIONS.
(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 fol-
lowing:
‘‘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 Smith-
sonian Institution,’’.
(b) APPOINTMENT OF OFFICERS AND EMPLOYEES.—
Section 5(b) of such Act is amended to read as follows:
‘‘(b) APPOINTMENT
OF OFFICERS
AND EMPLOY-
EES.—
‘‘(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 Sec-
retary of the John F. Kennedy Center for the Per-
forming Arts. The Chairperson and Secretary shall
be well qualified by experience and training to per-
form the duties of their offices.
‘‘(2) SENIOR
LEVEL
EXECUTIVE
AND
OTHER
EMPLOYEES.—The Chairperson of the John F. Ken-
nedy 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 manage-
ment 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 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 Perform-
ing Arts as may be necessary for the efficient
administration 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 Oc-
tober 1, 1995, such property, liabilities, contracts, records,
and unexpended balances of appropriations, authoriza-
tions, allocations, and other funds employed, held, used,
arising from, available to, or to be made available in con-
nection 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 ap-
propriated.
‘‘(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 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
Police and Park Police guard force employees as-
signed to the John F. Kennedy Center for the Per-
forming 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 ac-
cordance 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 agen-
cy 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 in-
serting ‘‘the Board’s’’; and
(2) by striking subsections (e) and (f) and in-
serting 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 Perform-
ing 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 sec-
tion 12 of this Act shall be subject to the requirements
of the Inspector General Act of 1978. The Inspector Gen-
eral 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 in-
surance 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; ex-
cept that the Board shall continue to provide bene-
fits with respect to any disability or death resulting
from a personal injury to a nonappropriated fund
employee of the Board sustained while in the per-
formance 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 com-
pensation statute or chapter 81 of title 5, United
States Code, shall continue to be the exclusive liabil-
ity 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 perform-
ance 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 activi-
ties.’’.
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
direct expenses incurred in the production of performing
arts attractions, or for personnel who are involved in per-
forming arts administration (including supplies and equip-
ment 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 defini-
tions 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 Perform-
ing Arts, including the theaters, garage, plaza, and
building walkways.
‘‘(2) MAINTENANCE, REPAIR, AND
SECURITY
SERVICES.—The term ‘maintenance, repair, and se-
curity services’ means all services and equipment
necessary to maintain and operate the existing fea-
tures of the building and site of the John F. Ken-
nedy Center for the Performing Arts, including the
theater, garage, plaza, and building walkways in a
manner consistent 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. Ken-
nedy 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 con-
structed 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 Re-
gion, National Park Service, Department of the In-
terior.’’.
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 Na-
tional Gallery of Art or’’ each place it appears and insert-
ing ‘‘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 ex-
tend to the line of the west face of the west retain-