§ 76k. — Powers of Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC76k]
TITLE 20--EDUCATION
CHAPTER 3--SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES
SUBCHAPTER V--JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
Sec. 76k. Powers of Board
(a) Solicitation and acceptance of gifts
The Board is authorized to solicit and accept for the John F.
Kennedy Center for the Performing Arts, as a bureau of the Smithsonian
Institution, and to hold and administer gifts, bequests, or devises of
money, securities, or other property of whatsoever character for the
benefit of the John F. Kennedy Center for the Performing Arts. Unless
otherwise restricted by the terms of the gift, bequest, or devise, the
Board is authorized to sell or exchange and to invest or reinvest in
such investments as it may determine from time to time the moneys,
securities, or other property composing trust funds given, bequeathed,
or devised to or for the benefit of the John F. Kennedy Center for the
Performing Arts. The income as and when collected shall be placed in
such depositaries as the Board shall determine and shall be subject to
expenditure by the Board.
(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, 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; 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) 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, 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.
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) ``Theatrical employee'' defined
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.
(g) Pedestrian and vehicular access
Subject to approval of the Secretary of the Interior under section
76j(a)(2)(F) of this title, the Board shall develop plans and carry out
projects to improve pedestrian and vehicular access to the John F.
Kennedy Center for the Performing Arts.
(Pub. L. 85-874, Sec. 5, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88-260,
Sec. 1(2), Jan. 23, 1964, 78 Stat. 4; Pub. L. 103-279, Sec. 4, July 21,
1994, 108 Stat. 1413; Pub. L. 105-95, Sec. 3(b), Nov. 19, 1997, 111
Stat. 2149.)
References in Text
The John F. Kennedy Center Act Amendments of 1994, referred to in
subsec. (c), is Pub. L. 103-279, July 21, 1994, 108 Stat. 1409, which
enacted sections 76r and 76s of this title, amended this section,
sections 76h, 76j, 76l, and 76p of this title, and sections 193r, 193u,
and 193v of former Title 40, Public Buildings, Property, and Works, and
enacted and amended provisions set out as notes under section 76h of
this title. For complete classification of this Act to the Code, see
Short Title of 1994 Amendment note set out under section 76h of this
title and Tables.
The provisions relating to the Federal competitive service, referred
to in subsec. (d)(2), are classified generally to section 3301 et seq.
of Title 5, Government Organization and Employees.
The National Labor Relations Act, referred to in subsec. (f)(2), is
act July 5, 1935, ch. 372, 49 Stat. 449, as amended, which is classified
generally to subchapter II (Sec. 151 et seq.) of chapter 7 of Title 29,
Labor. For complete classification of this Act to the Code, see section
167 of Title 29 and Tables.
The Labor Management Relations Act, 1947, referred to in subsec.
(f)(2), is act June 23, 1947, ch. 120, 61 Stat. 136, as amended, which
is classified principally to chapter 7 (Sec. 141 et seq.) of Title 29.
For complete classification of this Act to the Code, see section 141 of
Title 29 and Tables.
Amendments
1997--Subsec. (g). Pub. L. 105-95 added subsec. (g).
1994--Pub. L. 103-279, Sec. 4(a)(1), substituted section catchline
for former section catchline.
Subsec. (a). Pub. L. 103-279, Sec. 4(a)(1), inserted heading and
substituted ``John F. Kennedy Center for the Performing Arts, as a
bureau of the Smithsonian Institution,'' for ``Smithsonian
Institution''.
Subsec. (b). Pub. L. 103-279, Sec. 4(b), inserted heading and
amended text generally. Prior to amendment, text read as follows: ``The
Board shall appoint and fix the compensation and duties of a director,
an assistant director, and a secretary of the John F. Kennedy Center for
the Performing Arts and of 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. The director,
assistant director, and secretary shall be well qualified by experience
and training to perform the duties of their office.''
Subsec. (c). Pub. L. 103-279, Sec. 4(c), added heading and text of
subsec. (c) and struck out text of former subsec. (c). Prior to
amendment, text read as follows: ``The actions of the Board, including
any payment 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.''
Subsecs. (d) to (f). Pub. L. 103-279, Sec. 4(c), added subsecs. (d)
to (f).
1964--Subsecs. (a), (b). Pub. L. 88-260 substituted ``John F.
Kennedy Center for the Performing Arts'' for ``National Cultural
Center'' wherever appearing.
Section Referred to in Other Sections
This section is referred to in section 76h of this title.
