In the Senate of the United States,
June 27 (legislative day, June 7), 1994.
Resolved, That the bill from the House of Representa-
tives (H.R. 3567) entitled ‘‘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’’, do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
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:
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‘‘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
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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
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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:
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‘‘(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
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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-
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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-
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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
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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-
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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.
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‘‘(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,
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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
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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
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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-
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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
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(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