[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3567 Reported in House (RH)]
Union Calendar No. 275
103d CONGRESS
2d Session
H. R. 3567
[Report No. 103-453, Parts I and II]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
May 6, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Union Calendar No. 275
103d CONGRESS
2d Session
H. R. 3567
[Report No. 103-453, Parts I and II]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 19, 1993
Mr. Mineta (for himself, Mr. McDade, Mr. Wilson, Mr. Vento, Mr.
Traficant, Mr. Duncan, and Ms. Norton) (all by request) introduced the
following bill; which was referred to the Committee on Public Works and
Transportation
March 24, 1994
Reported with an amendment, referred to the Committee on Natural
Resources for a period ending not later than April 29, 1994, for
consideration of such provisions of the bill and amendment as fall
within the jurisdiction of the committee pursuant to clause 1(n), rule
X
[Strike out all after the enacting clause and insert the part printed
in italic]
May 2, 1994
Referral to the Committee on Natural Resources extended for a period
ending not later than May 6, 1994
May 6, 1994
Additional sponsor: Mr. Yates
May 6, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in boldface roman]
[For text of introduced bill, see copy of bill as introduced on
November 19, 1993]
_______________________________________________________________________
A BILL
To amend the John F. Kennedy Center Act to transfer operating
responsibilities to the Board of Trustees of the John F. Kennedy Center
for the Performing Arts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John F. Kennedy Center Act
Amendments of 1994''.
SEC. 2. FINDINGS, BUREAU, BOARD OF TRUSTEES, AND ADVISORY COMMITTEE.
(a) Findings.--Section 1 of the John F. Kennedy Center Act (20
U.S.C. 76h note) is amended--
(1) by striking ``Section 1.'' and inserting the following:
``SECTION 1. SHORT TITLE AND FINDINGS.
``(a) Short Title.--''; and
(2) by adding at the end the following:
``(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 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 this Nation 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 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'';
(C) in the second sentence by striking ``Chairman
of the District of Columbia Recreation 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 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) 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 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 occurring
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 expire 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 follows
``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 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
programs for children, youth, families, adults,
and educators designed specifically to foster
an appreciation and understanding of the
performing arts;
``(ii) by developing and maintaining a
comprehensive and broad program for national
and community outreach, including establishing
model programs for adaptation by other
presenting and educational institutions; 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, 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 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 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 interpretation; 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 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 persons in order to carry out the Board's functions
under this Act. Such authority 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
prepare 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
utilize or employ the services of the personnel of any
agency or instrumentality of the Federal Government or
the District of Columbia, 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 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
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.''.
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
before ``The Board is'' 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.--Section 5(b) 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 offices.
``(2) Senior level executive and other employees.--The
Chairperson of the John F. Kennedy Center for the Performing
Arts may appoint--
``(A) a senior level executive who, by virtue of
the individual's background, 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
appropriated 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 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:
``(c) Transfer of Property.--Not later than October 1, 1995, such
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.--
``(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 employees shall
remain in the Federal competitive service 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 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 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 accordance 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 agency 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 inserting
``the Board's''; and
(2) by striking subsections (e) and (f) and inserting 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 Performing 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 section 12 of this Act shall be
subject to the requirements of the Inspector General Act of 1978. 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.
``(f) Property and Personnel Compensation.--
``(1) In general.--The Board may procure insurance against
any loss in connection with the property of the Board and other
assets administered by the Board. 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; 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 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 compensation statute or 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 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
performance 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
activities.''.
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'' and inserting ``the Secretary'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 subparagraphs (F) and (G) of section 4(a)(1).
``(c) Limitation on Use of Funds.--No funds appropriated 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 performing arts administration (including supplies and
equipment 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 definitions apply:
``(1) Capital projects.--The term `capital projects' means
capital repairs, replacements, improvements, rehabilitations,
alterations, and modifications to the existing features of the
building and site of the John F. Kennedy Center for the
Performing Arts, including the theaters, garage, plaza, and
building walkways.
``(2) Maintenance, repair, and security services.--The term
`maintenance, repair, and security services' means all services
and equipment necessary to maintain and operate the existing
features of the building and site of the John F. Kennedy Center
for the Performing Arts, including the theater, garage, plaza,
and building walkways in a manner consistent with requirements
for high quality operations.
``(3) Building and site of the john f. kennedy center for
the performing arts.--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' mean the site
in the District of Columbia on which the John F. Kennedy Center
building is constructed 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.''.
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 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:
``(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
walls and curbs of Rock Creek Parkway on the west, and the
south curbs of New Hampshire Avenue and F Street on the
north.''.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John F. Kennedy Center Act
Amendments of 1994''.
SEC. 2. FINDINGS, BUREAU, BOARD OF TRUSTEES, AND ADVISORY COMMITTEE.
(a) Findings.--Section 1 of the John F. Kennedy Center Act (20
U.S.C. 76h note) is amended--
(1) by striking ``Section 1.'' and inserting the following:
``SECTION 1. SHORT TITLE AND FINDINGS.
``(a) Short Title.--''; and
(2) by adding at the end the following:
``(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 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 this Nation 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 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'';
(C) in the second sentence by striking ``Chairman
of the District of Columbia Recreation 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 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) 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 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 occurring
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 expire 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 follows
``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 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
programs for children, youth, families, adults,
and educators designed specifically to foster
an appreciation and understanding of the
performing arts;
``(ii) by developing and maintaining a
comprehensive and broad program for national
and community outreach, including establishing
model programs for adaptation by other
presenting and educational institutions; 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, 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 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 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 interpretation; 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 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 persons in order to carry out the Board's functions
under this Act. Such authority 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
prepare 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
utilize or employ the services of the personnel of any
agency or instrumentality of the Federal Government or
the District of Columbia, 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 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
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 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
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 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
before ``The Board is'' 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.--Section 5(b) 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 offices.
``(2) Senior level executive and other employees.--The
Chairperson of the John F. Kennedy Center for the Performing
Arts may appoint--
``(A) a senior level executive who, by virtue of
the individual's background, 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
appropriated 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 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:
``(c) Transfer of Property.--Not later than October 1, 1995, such
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.--
``(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 employees shall
remain in the Federal competitive service 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 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 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 accordance 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 agency 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 inserting
``the Board's''; and
(2) by striking subsections (e) and (f) and inserting 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 Performing 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 section 12 of this Act shall be
subject to the requirements of the Inspector General Act of 1978. 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.
``(f) Property and Personnel Compensation.--
``(1) In general.--The Board may procure insurance against
any loss in connection with the property of the Board and other
assets administered by the Board. 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; 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 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 compensation statute or 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 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
performance 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
activities.''.
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'' and inserting ``the Secretary'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 subparagraphs (F) and (G) of section 4(a)(1).
``(c) Limitation on Use of Funds.--No funds appropriated 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 performing arts administration (including supplies and
equipment 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 definitions apply:
``(1) Capital projects.--The term `capital projects' means
capital repairs, replacements, improvements, rehabilitations,
alterations, and modifications to the existing features of the
building and site of the John F. Kennedy Center for the
Performing Arts, including the theaters, garage, plaza, and
building walkways.
``(2) Maintenance, repair, and security services.--The term
`maintenance, repair, and security services' means all services
and equipment necessary to maintain and operate the existing
features of the building and site of the John F. Kennedy Center
for the Performing Arts, including the theater, garage, plaza,
and building walkways in a manner consistent with requirements
for high quality operations.
``(3) Building and site of the john f. kennedy center for
the performing arts.--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' mean the site
in the District of Columbia on which the John F. Kennedy Center
building is constructed 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 Region,
National Park Service, Department of the Interior.''.
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 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:
``(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
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
Region, National Park Service, Department of the Interior.''.
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