[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3567 Enrolled Bill (ENR)]

<DOC>

        H.R.3567

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 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 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 new subsection:
    ``(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 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--
            (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 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 Center for the Performing Arts on the 
        date of enactment of this Act.
            (B) Members of congress.--The amendment made by paragraph 
        (1)(C)(ii) shall take effect 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 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 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 theP
    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 United States;
            ``(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 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 capital repair, replacement, improvement, rehabilitation, 
        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 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 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, 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 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 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 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 respective 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 
        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 appropriated 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.--
        ``(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 Relations 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. 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 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 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 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 
    compensation 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 volunteers 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:

``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 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:

``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 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 (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 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.''.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.