II
Calendar No. 492
103D CONGRESS
2D SESSION
H. R. 3567
IN THE SENATE OF THE UNITED STATES
MAY 11 (legislative day, MAY 2), 1994
Received; read twice and referred to the Committee on Environment and
Public Works
JUNE 23 (legislative day, JUNE 7), 1994
Reported by Mr. BAUCUS, with an amendment
[Strike all after the enacting clause and insert the part printed in italic]
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 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 Cen-
ter 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 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
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 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
people of the United States by preserving, fostering,
and transmitting the performing arts traditions of
the people of this Nation and other countries by pro-
ducing 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 in-
serting 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 ’’;
(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
chairman and ranking minority member of the
Committee on Public Works and Transpor-
tation of the House of Representatives and 3
additional Members of the House of Represent-
atives appointed by the Speaker of the House of
Representatives, and the chairman and ranking
minority 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 Chair-
man of the District of Columbia Recreation
Board serving as a trustee of the John F. Ken-
nedy Center for the Performing Arts on the
date of the enactment 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 oc-
curring before the expiration of the term for which
such member’s predecessor was appointed shall be
appointed 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
before the date of the enactment of the John F.
Kennedy Center Act Amendments of 1994 shall ex-
pire 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;
(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 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 sub-
section (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 coun-
tries;
‘‘(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 insti-
tutions; and
‘‘(iii) by conducting joint initiatives
with the national education and outreach
programs of the Very Special Arts, an en-
tity affiliated with the John F. Kennedy
Center for the Performing Arts which has
an established program for the identifica-
tion, 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 Nation;
‘‘(D) provide facilities for other civic activi-
ties at the John F. Kennedy Center for the
Performing Arts;
‘‘(E) provide within the John F. Kennedy
Center for the Performing Arts a suitable me-
morial in honor of the late President;
‘‘(F) develop, and update annually, a com-
prehensive building needs plan for the existing
features of the John F. Kennedy Center for the
Performing Arts;
‘‘(G) plan, design, and construct all capital
projects at the John F. Kennedy Center for the
Performing Arts; and
‘‘(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, includ-
ing 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 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
instrumentality 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 envi-
ronmental system for, a protection system for,
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-
ing 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 ap-
proaches on the south, the east face of the east re-
taining 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 de-
picted 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 of-
fice of the National Capital Region, National Park
Service, Department of the Interior.’’.
Passed the House of Representatives May 10, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
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 AD-
VISORY COMMITTEE.
(a) FINDINGS.—Section 1 of the John F. Kennedy Cen-
ter 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 sub-
section:
‘‘(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 the United States and the world have suf-
fered 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 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—
(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
living memorial to John Fitzgerald Kennedy,’’
after ‘‘thereof’’; and
(C) in the second sentence—
(i) by striking ‘‘Chairman of the Dis-
trict 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 Cen-
ter for the Performing Arts on the date of enact-
ment of this Act.
(B) MEMBERS OF CONGRESS.—The amend-
ment made by paragraph (1)(C)(ii) shall take ef-
fect 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 oc-
curring before the expiration of the term for which the
predecessor of the member was appointed shall be ap-
pointed 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 be-
fore the date of 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 ap-
pears;
(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 coun-
tries;
‘‘(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
programs of the Very Special Arts, an en-
tity affiliated with the John F. Kennedy
Center for the Performing Arts which has
an established program for the identifica-
tion, 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 activi-
ties at the John F. Kennedy Center for the Per-
forming Arts;
‘‘(E) provide within the John F. Kennedy
Center for the Performing Arts a suitable memo-
rial in honor of the late President;
‘‘(F) develop, and update annually, a com-
prehensive 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 (including a
theater, the garage, the plaza, or a building
walkway), plan, design, and construct each cap-
ital repair, replacement, improvement, rehabili-
tation, 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
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 other pri-
vate persons in order to carry out the functions
of the Board under this Act. The authority de-
scribed in the preceding sentence includes utiliz-
ing the services and facilities of other agencies,
including the Department of the Interior, the
General Services Administration, and the Smith-
sonian Institution.
‘‘(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, 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 restora-
tion of the John F. Kennedy Center for the Per-
forming 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 memo-
rial 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 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 the express approval of
Congress and of the Secretary of the Interior.’’.
SEC. 4. OFFICERS AND EMPLOYEES; REVIEW OF BOARD AC-
TIONS.
(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 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 Smithso-
nian 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 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 respective 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 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 ap-
pointed and compensated with appropriated
funds, except that the compensation may not ex-
ceed 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 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 new subsections:
‘‘(c) TRANSFER OF PROPERTY.—Not later than Octo-
ber 1, 1995, the property, liabilities, contracts, records, and
unexpended balances of appropriations, authorizations, al-
locations, 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 the 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 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 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 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 ad-
vance.
‘‘(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 em-
ployee, 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 re-
spect 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—
(1) in subsection (c), by striking ‘‘its operations’’
and inserting ‘‘the operations of the Board’’; and
(2) by striking subsections (e) and (f) and insert-
ing 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 ap-
propriated 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 in-
surance against any loss in connection with the prop-
erty 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 ‘em-
ployee’ 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 sus-
tained while in the performance of the duties of the
employee 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. The disability or death benefits referred to in
the preceding sentence, whether under the workers
compensation statute referred to in the preceding sen-
tence 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 em-
ployees and volunteers of the Board.
‘‘(2) FEDERAL TORT CLAIMS.—For the purposes
of chapter 171 of title 28, United States Code, an em-
ployee of the Board shall be considered to be an ‘em-
ployee of the government’ and the Board shall be con-
sidered 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 dis-
ability or death resulting from personal injury sus-
tained 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 Sec-
retary’’; 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:
‘‘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
appropriated 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 ap-
propriated 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 perform-
ing arts administration (including any supply or equip-
ment 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 reason-
ably 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 add-
ing 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 Hamp-
shire Avenue and F Street on the north, as generally de-
picted 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 Inte-
rior.’’.
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’’.
(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