[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1717 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1717

     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 SENATE OF THE UNITED STATES

            November 19 (legislative day, November 2), 1993

Mr. Mitchell (for himself, Mr. Hatfield, Mr. Kennedy, Mr. Simpson, and 
  Mr. Moynihan (by request)) introduced the following bill; which was 
  read twice and referred to the Committee on Environment and Public 
                                 Works

_______________________________________________________________________

                                 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 1993''.

SEC. 2. BUREAU, BOARD OF TRUSTEES, AND ADVISORY COMMITTEE.

    Section 2 of the John F. Kennedy Center Act (hereafter referred to 
as the ``Act'') (20 U.S.C. 76h) is amended--
            (1) by redesignating subsections (a), (b), and (c) as 
        subsections (b), (c), and (d);
            (2) by inserting before subsection (b) (as redesignated in 
        paragraph (1)) the following new subsections:
    ``(a) The 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 city of Washington 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.'';
            (3) in subsection (b) (as redesignated in paragraph (1))--
                    (A) in the first sentence, by inserting ``as the 
                National Center for the Performing Arts, a living 
                memorial to John Fitzgerald Kennedy,'' after 
                ``thereof''; and
                    (B) in the second sentence, by striking ``Chairman 
                of the District of Columbia Recreation Board'' and 
                inserting ``Superintendent of Schools of the District 
                of Columbia'';
            (4) by amending subsection (c) (as redesignated in 
        paragraph (1)) to read as follows:
    ``(c) 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 
        prior to 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 prior to the 
        date of enactment of this subsection shall expire as designated 
        at the time of appointment.'';
            (5) in subsection (d) (as redesignated in paragraph (1))--
                    (A) in the first sentence, by inserting ``of the 
                United States'' after ``President'' and before ``may'';
                    (B) in the fourth sentence, by striking ``in'' 
                after ``cultural activities to be carried on'' and 
                substituting ``by''; and
                    (C) by inserting a period after ``compensation'' 
                and striking the remainder of the last sentence.
            ``(6) Effective date for certain appointments.--The 
        appointment made pursuant to the amendment made by clause (ii) 
        of subsection (3)(B) shall not commence until the 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.''.

SEC. 3. PRESENTATIONS, PROGRAMS, FACILITIES FOR ACTIVITIES, AND 
              MEMORIAL IN HONOR OF THE LATE PRESIDENT; RESTRICTION ON 
              ADDITIONAL MEMORIALS.

    Subsection (a) of section 4 of the Act (20 U.S.C. 76j) is amended 
to read as follows:
    ``(a)(1) 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 Center as the National 
        Center for the Performing Arts by--
                    ``(i) 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) 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) 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 John F. Kennedy Center for 
        the Performing Arts education and outreach programs and 
        policies 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 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 major 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; and 
        janitorial, security, and all other services necessary for 
        operating the building and site.
    ``(2)(A) 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. This includes, but is not limited to, 
utilizing the services and facilities of other agencies, including the 
Department of the Interior, General Services Administration, and 
Smithsonian Institution.
    ``(B) The Board shall prepare a budget pursuant to sections 1104 
and 1105(a) of title 31, United States Code, and subject to section 
1513 (b) of title 31, United States Code.
    ``(C) The Board may utilize or employ the services of personnel of 
any agency or instrumentality of the Federal Government or of the 
District of Columbia, with the consent of the agency or the 
instrumentality concerned, upon a reimbursable basis, or utilize 
voluntary or uncompensated personnel.
    ``(D) In carrying out its duties under this Act, the Board may 
negotiate any contract for an environmental system, a protection system 
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) The Board shall maintain the Hall of Nations, the Hall of 
States, and the Grand Foyer 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.

    Section 5 of the Act (20 U.S.C. 76k) is amended--
            (1) in the first sentence of subsection (a), by striking 
        ``Smithsonian Institution'' and inserting ``John F. Kennedy 
        Center for the Performing Arts, as a bureau of the Smithsonian 
        Institution,'';
            (2) in subsection (b)--
                    (A) in the section heading, by deleting ``Director, 
                Assistant Director,'' and inserting ``Chairperson''.
                    (B) in the first sentence, by striking ``director, 
                an assistant director, and a secretary of the John F. 
                Kennedy Center for the Performing Arts and of'' and 
                inserting ``chairperson of the John F. Kennedy Center 
                for the Performing Arts (hereafter in this Act referred 
                to as the `chairperson'), who shall serve as the chief 
                executive officer of the Center, and a secretary of the 
                Center. The chairperson may appoint 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, be appointed and 
                compensated with appropriated funds, provided that 
                compensation does not exceed the maximum rate of pay 
                under section 5376, of title 5, United States Code, for 
                Senior-Level IV positions, and''.
                    (C) in the last sentence by striking ``director, 
                assistant director,'' and inserting ``chairperson''; 
                and
            (3) by redesignating subsection (c) as subsection (e) in 
        this section, and amending it to read as follows:
    ``(e) The actions of the Board relating to performing arts and to 
payments made or directed to be made by it from any trust funds shall 
not be subject to review by any officer or agency other than a court of 
law.''; and
            (4) by adding after subsection (b) the following new 
        subsections:
    ``(c) Transfer.--The property, liabilities, contracts, records, and 
unexpended balance 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 by enactment of this law, subject to section 
1531 of title 31, United States Code, shall be transferred to the Board 
as the Board and the Secretary of the Interior may determine, but not 
later than October 1, 1995. Unexpended funds transferred pursuant to 
this subsection shall be used only for the purposes for, and subject to 
the terms under, which the funds were originally authorized and 
appropriated.
    ``(d) Transfer of Personnel.--Employees of the National Park 
Service assigned to duties related to those functions being undertaken 
by the Board will be transferred with their functions to the John F. 
Kennedy Center Board of Trustees not later than October 1, 1995. These 
employees shall remain in the Federal competitive service retaining all 
benefits and rights provided under title 5 of the United States Code. 
For a period of not less than three years, transferred employees will 
retain the right of priority consideration under merit promotion 
procedures or lateral reassignment for all vacancies within the 
Department of the Interior. All United States Park Police employees 
assigned to the John F. Kennedy Center will remain employees of the 
National Park Service. Appropriations provided for the John F. Kennedy 
Center for the Performing Arts will bear all costs associated with 
adverse action or grievance procedures resulting from this transfer of 
function, and from the abolishment of law enforcement and security 
services performed by the United States Park Police which are incurred 
during the transition period when the United States Park Police are 
performing functions within the building and site of the John F. 
Kennedy Center for the Performing Arts. Nothing contained herein shall, 
following the transfer specified herein, be deemed to prohibit the 
Board of Trustees from reorganizing functions at the Center in accord 
with the law governing such reorganizations.''.

SEC. 5. OFFICIAL SEAL, BOARD VACANCIES, AND QUORUM, TRUSTEE POWERS AND 
              OBLIGATIONS, REPORTS, NATIONAL PARK SERVICE INTERPRETIVE 
              FUNCTIONS, SUPPORT SERVICES, REVIEW AND AUDIT, SECRETARY 
              OF THE INTERIOR'S FUNCTIONS, ESTABLISHMENT OF FUND.

    Section 6 of the Act (20 U.S.C. 761) is amended--
            (1) in subsection (c)--by striking ``its'' and inserting 
        ``the Board's'';
            (2) by striking subsection (e); and
            (3) by striking subsection (f) and inserting the following 
        new subsections--
    ``(f) The General Accounting Office shall review and audit, at 
least every 3 years, the accounts of the John F. Kennedy Center for the 
Performing Arts for the purpose of examining expenditures of funds 
appropriated under authority provided herein.
    ``(g) The functions of the Board funded by amounts appropriated 
under section 12 shall be subject to the requirements of the Inspector 
General Act of 1978, as amended. The Inspector General of the 
Smithsonian Institution is authorized to carry out the requirements of 
that Act on behalf of the Board, on a reimbursable basis.
    ``(h) The Board may procure insurance against any loss in 
connection with its property and other assets administered by it. 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 an injury to its non-appropriated fund employees 
pursuant to the District of Columbia workers compensation statute; and 
such benefits, whether under workers compensation statutes or the 
Federal Employees Compensation Act, shall continue to be the exclusive 
liability of the Board and the United States with respect to all 
employees and volunteers; but in no circumstance may an employee bring 
suit against the United States under the Federal Tort Claims Procedure, 
chapter 171 of title 28 of the United States Code, for disability or 
death resulting from personal injury sustained while in the performance 
of the employee's duties for the Board.
    ``(i) Any settlement, award or judgment, made or entered pursuant 
to chapter 171 of title 28 of the United States Code, arising from any 
act or omission of a Kennedy Center Board employee 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 AMENDMENT.

    Section 10 of the 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 Act is amended by inserting at the end thereof the following 
new section 12 (20 U.S.C. 76r):

``SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Maintenance, Repair and Security.--There are authorized to be 
appropriated to the Board $12,000,000 for fiscal year 1995 and each 
succeeding fiscal year through fiscal year 1999 to carry out 
subparagraph (H) of section 4(a)(1).
    ``(b) Capital Projects.--There are authorized to be appropriated to 
the Board $9,000,000 for fiscal year 1994 and each succeeding fiscal 
year through fiscal year 1999 to carry out subparagraphs (F) and (G) of 
section 4(a)(1).
    ``(c) Federal Funds.--No funds appropriated pursuant to this 
section shall be used for the direct expenses incurred in the 
production of performing arts attractions, or for personnel (including 
supplies equipment used by them) who are involved in performing arts 
administration, 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 Act is amended by inserting at the end thereof a new section 13 
(20 U.S.C. 76s)--

``SEC. 13. DEFINITIONS.

    ``For the purpose of this Act--
            ``(1) the term `capital projects' means capital repairs, 
        replacements, improvements, rehabilitations, alterations and 
        modifications to the existing features of the John F. Kennedy 
        Center for the Performing Arts building and the site, including 
        the theaters, garage, plaza, and building walkways;
            ``(2) the term `maintenance, repair and security services' 
        means all services and equipment necessary to maintain and 
        operate the existing features of the John F. Kennedy Center for 
        the Performing Arts building and the site, including the 
        theaters, garage, plaza, and building walkways in a manner 
        consistent with the requirements for high quality operations; 
        and
            ``(3) the term `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.

    Sections 193r, 193u and 193v of title 40 are amended as follows:
            (1) Section 193r of title 40, United States Code, is 
        amended by striking ``and'' after ``Institution'' and 
        substituting a comma, and by adding ``, and the trustees of the 
        John F. Kennedy Center for the Performing Arts,'' after 
        ``National Gallery of Arts'';
            (2) Section 193u of title 40, United States Code, is 
        amended by striking ``and'' after ``Institution'' where 
        ``Institution'' twice appears, and substituting in both places 
        a comma, and by adding ``, and the Trustees of the John F. 
        Kennedy Center for the Performing Arts,'' after ``National 
        Gallery of Art'' in both places where ``National Gallery of 
        Art'' appears; and
            (3) Section 193v of title 40, United States Code, is 
        amended by adding a new subsection (3)--
            ``(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.''.

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