John F. Kennedy Center Act Amendments of 1994
PL 103-279 (H.R.3567), enacted 07/21/1994

PUBLIC LAW 103-279—JULY 21, 1994 
108 STAT. 1409 
Public Law 103-279 
-
103d Congress 
An Act 
To amend the John F. Kennedy Center Act to transfer operating responsibilities 
j ^ ^ . 
21 1994 
to the Board of Trustees of the John F. Kennedy Center for the Performing 
Arts, and for other purposes. 
t^'^- ^^^'^^ 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
John F 
Kennedy 
SECTION 1. SHORT TITLE. 
Center Act 
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Amendments of 
This Act may be cited as the John F. Kennedy Center Act 1994. 
Amendments of 1994". 
20 USC 76h note. 
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— 
108 STAT. 1410 
PUBLIC LAW 103-279—JULY 21, 1994 
(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". 
20 u s e 76h note. 
(2) EFFECTIVE DATES.— 
(A) SUPERINTENDENT OF SCHOOLS OF THE DISTRICT OF 
COLUMBIA.—^The amendment made by paragraph (l)(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 (l)(C)(ii) shall take effect on the date of 
enactment of this Act. 
(c) GENERAL TRUSTEES.—Subsection (b) of section 2 of such 
20 use 76h. 
Act is amended to read as follows: 
President. 
"(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; 
PUBLIC LAW 103-279—JULY 21, 1994 
108 STAT. 1411 
(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 i'acilities 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-
108 STAT. 1412 
PUBLIC LAW 103-279—JULY 21, 1994 
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 
PUBLIC LAW 103-279—JULY 21, 1994 
108 STAT. 1413 
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 LEVB^L 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.— 
108 STAT. 1414 
PUBLIC LAW 103-279—JULY 21, 1994 
"(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. 761) 
is amended— 
PUBLIC LAW 103-279—JULY 21, 1994 
108 STAT. 1415 
(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 GENERAI^.—^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: 
108 STAT. 1416 
PUBLIC LAW 103-279—JULY 21, 1994 
20 use 76r. 
"SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 
"(a) MAINTENANCE, REPAIR, AND SECURITY.—^There are author-
ized 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 appro-
priated 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 appropriated 
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 performing arts administration (including any 
supply or equipment 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 reasonably 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 adding at the end 
the following new section: 
20 use 76s. 
"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 Parkwav on the west, and the south curbs of New 
Hampshire Avenue ana 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 Region, National Park Service, Depart-
ment of the Interior.". 
SEC. 9. RULES AND REGULATIONS. 
(a) AUTHORITY TO PRESCRIBE.—Section 5(a) of the Act of Octo-
ber 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". 
PUBLIC LAW 103-279—JULY 21, 1994 
108 STAT. 1417 
(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 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 wsdls 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 'Trans-
fer of John F. Kennedy Center for the Performing Arts', num-
bered 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 Interior.". 
Approved July 21, 1994. 
LEGISLATIVE HISTORY—H.R. 3567: 
HOUSE REPORTS: No. 103-453, Pt. 1 (Ck)mm. on Public Works and Transportation) 
and Pt. 2 (Comm. on Natural Resources). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
May 10, considered and passed House. 
June 27, considered and passed Senate, amended. 
June 28, House concurred in Senate amendment.