§ 76l. — Official seal, Board vacancies and quorum, trustee powers and obligations, reports, support services, and review and audit.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC76l]
TITLE 20--EDUCATION
CHAPTER 3--SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES
SUBCHAPTER V--JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
Sec. 76l. Official seal, Board vacancies and quorum, trustee
powers and obligations, reports, support services, and review
and audit
(a) Adoption of seal; Board function notwithstanding vacancies; quorum
The Board is authorized to adopt an official seal which shall be
judicially noticed and to make such bylaws, rules, and regulations, as
it deems necessary for the administration of its functions under this
subchapter, including, among other matters, bylaws, rules, and
regulations relating to the administration of its trust funds and the
organization and procedure of the Board. The Board may function
notwithstanding vacancies and twelve members of the Board shall
constitute a quorum for the transaction of business.
(b) Powers and obligations of Board in respect of trust funds
The Board shall have all the usual powers and obligations of a
trustee in respect of all trust funds administered by it.
(c) Annual report of operations and finances
The Board shall submit to the Smithsonian Institution and to
Congress an annual report of the operations of the Board under this
subchapter, including a detailed statement of all public and private
moneys received and disbursed by it.
(d) Inspector General
The functions of the Board funded by funds appropriated pursuant to
section 76r of this title shall be subject to the requirements for a
Federal entity under the Inspector General Act of 1978 (5 U.S.C. App.).
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.
(e) 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),
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, 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, 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 for disability or death resulting from personal injury
sustained while in the performance of the duties of the employee for
the Board.
(Pub. L. 85-874, Sec. 6, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88-100,
Sec. 3, Aug. 19, 1963, 77 Stat. 128; Pub. L. 88-260, Sec. 1(4), (5),
Jan. 23, 1964, 78 Stat. 4; Pub. L. 92-313, Sec. 10, June 16, 1972, 86
Stat. 222; Pub. L. 93-67, July 10, 1973, 87 Stat. 161; Pub. L. 94-119,
Secs. 1, 2, Oct. 21, 1975, 89 Stat. 608; Pub. L. 94-578, title III,
Sec. 314, Oct. 21, 1976, 90 Stat. 2737; Pub. L. 95-50, Sec. 2, June 20,
1977, 91 Stat. 232; Pub. L. 95-305, June 29, 1978, 92 Stat. 348; Pub. L.
96-587, Sec. 1, Dec. 23, 1980, 94 Stat. 3387; Pub. L. 97-73, Nov. 3,
1981, 95 Stat. 1064; Pub. L. 97-202, June 24, 1982, 96 Stat. 128; Pub.
L. 101-449, Secs. 1-3, Oct. 22, 1990, 104 Stat. 1050; Pub. L. 102-500,
Sec. 1, Oct. 24, 1992, 106 Stat. 3267; Pub. L. 103-279, Sec. 5, July 21,
1994, 108 Stat. 1414; Pub. L. 105-226, Sec. 4, Aug. 12, 1998, 112 Stat.
1513.)
References in Text
The Inspector General Act of 1978, referred to in subsec. (d), is
Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
Amendments
1998--Subsecs. (d) to (f). Pub. L. 105-226 redesignated subsecs. (e)
and (f) as (d) and (e), respectively, and struck out heading and text of
former subsec. (d). Text read as follows: ``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 subchapter.''
1994--Subsec. (c). Pub. L. 103-279, Sec. 5(1), substituted ``the
operations of the Board'' for ``its operations''.
Subsecs. (d) to (f). Pub. L. 103-279, Sec. 5(2), added subsecs. (d)
to (f) and struck out former subsec. (e) which related to maintenance,
repair, alteration, security, information, and other services and former
subsec. (f) which related to audits.
1992--Subsec. (e)(3). Pub. L. 102-500 amended par. (3) generally.
Prior to amendment, par. (3) read as follows: ``There is authorized to
be appropriated to the Secretary of the Interior to carry out this
subsection--
``(A) for fiscal year 1991, not more than--
``(i) $6,750,000 for annual maintenance, repairs,
alterations, and operating services; and
``(ii) $15,000,000 for deferred maintenance, repairs, and
alterations; and
``(B) for fiscal year 1992, not more than--
``(i) $9,850,000 for annual maintenance, repairs,
alterations, and operating services; and
``(ii) $15,512,000 for deferred maintenance, repairs, and
alterations.''
1990--Subsec. (d). Pub. L. 101-449, Sec. 3, struck out subsec. (d)
which read as follows: ``The Board shall transmit to Congress a detailed
report of any memorial which it proposes to provide within the John F.
Kennedy Center for the Performing Arts under authority of paragraph (5)
of section 76j of this title, and no such memorial shall be provided
until the Board of Regents of the Smithsonian Institution shall have
approved such memorial.''
Subsec. (e). Pub. L. 101-449, Sec. 1, amended subsec. (e) generally.
Prior to amendment, subsec. (e) read as follows: ``The Secretary of the
Interior, acting through the National Park Service, shall provide
maintenance, security, information, interpretation, janitorial and all
other services necessary to the nonperforming arts functions of the John
F. Kennedy Center for the Performing Arts. There is authorized to be
appropriated to carry out this subsection not to exceed $2,800,000 for
the fiscal year ending June 30, 1976, $741,000 for the transition period
ending September 30, 1976, $3,100,000 for the fiscal year ending
September 30, 1977, and $4,000,000 for the fiscal year ending September
30, 1978. There is authorized to be appropriated to carry out this
subsection not to exceed $4,200,000 for the fiscal year ending September
30, 1979. There is authorized to be appropriated to carry out this
subsection not to exceed $4,287,000 for the fiscal year ending September
30, 1980, and not to exceed $4,400,000 for the fiscal year ending
September 30, 1981, and not to exceed $4,544,000 for the fiscal year
ending September 30, 1982, and not to exceed $4,247,000 for the fiscal
year ending September 30, 1983.''
Subsec. (f). Pub. L. 101-449, Sec. 2, amended subsec. (f) generally.
Prior to amendment, subsec. (f) read as follows: ``The General
Accounting Office is authorized and directed to review and audit,
regularly, the accounts of the Kennedy Center for the Performing Arts,
for the purpose of determining the continuing ability of the Center to
pay its share of future operating costs, and for the purpose of assuring
that the cost-of-living formula fairly and accurately reflects the use
of the building.''
1982--Subsec. (e). Pub. L. 97-202 inserted provisions authorizing an
appropriation of not to exceed $4,247,000 for fiscal year ending Sept.
30, 1983.
1981--Subsec. (e). Pub. L. 97-73 inserted provision authorizing an
appropriation of not to exceed $4,544,000 for fiscal year ending Sept.
30, 1982.
1980--Subsec. (e). Pub. L. 96-587 inserted provisions authorizing
appropriations for fiscal years ending Sept. 30, 1980, and Sept. 30,
1981.
1978--Subsec. (e). Pub. L. 95-305 inserted provisions authorizing
appropriations for fiscal year ending Sept. 30, 1979.
1977--Subsec. (e). Pub. L. 95-50 substituted provisions authorizing
an appropriation of $4,000,000 for fiscal year ending Sept. 30, 1978,
for provisions authorizing appropriations of $4,000,000 for fiscal year
ending Sept. 30, 1978, and not to exceed $4,300,000 for the fiscal year
ending Sept. 30, 1979.
1976--Subsec. (e). Pub. L. 94-578 substituted provisions authorizing
appropriations for fiscal years ending Sept. 30, 1978, and Sept. 30,
1979, for provisions covering fiscal years ending Sept. 30, 1976, Sept.
30, 1977, and transitional period ending Sept. 30, 1976.
1975--Subsec. (e). Pub. L. 94-119, Sec. 1, inserted provisions
authorizing appropriations for fiscal year ending June 30, 1976, for the
transitional period ending Sept. 30, 1976, and for fiscal year ending
Sept. 30, 1977.
Subsec. (f). Pub. L. 94-119, Sec. 2, added subsec. (f).
1973--Subsec. (e). Pub. L. 93-67 substituted provisions authorizing
appropriations not to exceed $2,400,000 for fiscal year ending June 30,
1974, and $2,500,000 for fiscal year ending June 30, 1975, for provision
granting general authorization of appropriation for fiscal year ending
June 30, 1973.
1972--Subsec. (e). Pub. L. 92-313 added subsec. (e).
1964--Subsec. (c). Pub. L. 88-260, Sec. 1(4), inserted ``and to
Congress'' after ``Smithsonian Institution''.
Subsec. (d). Pub. L. 88-260, Sec. 1(5), added subsec. (d).
1963--Subsec. (a). Pub. L. 88-100 substituted ``twelve'' for
``eight'' after ``vacancies and''.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(c) of this section relating to submitting annual report to Congress,
see section 3003 of Pub. L. 104-66, as amended, set out as a note under
section 1113 of Title 31, Money and Finance, and page 192 of House
Document No. 103-7.
Award of Service Contracts
Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1782, provided:
``That contracts hereafter awarded for environmental systems,
housekeeping, protection systems, and repair or renovation of buildings
of the John F. Kennedy Center for the Performing Arts may be negotiated
with selected contractors and awarded on the basis of contractor
qualifications as well as price.''
