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20 U.S.C. § 76k — Powers of Board

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 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, excep

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Stable record: federal_law:legal_authorities:record_usc_349456b0e979edf73c76195a
Source file: Laws/federal/codes/united-states-code/title-20/section-76k-powers-of-board--0b46359140.md
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Passage SHA-256: 73bbaaa9ee2b53ee485c6ebf14da8c95b6b0ff004dab17ea0ee2e21848b4987e

Source location: Title 20, Chapter 3, § 76k; chapter-003-smithsonian-institution-national-museums-and-art-galleries.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5315&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1531&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section151&num=0&edition=prelim) et seq.) and the Labor-Management Relations Act, 1947 ([29 U.S.C. 141](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section141&num=0&edition=prelim) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section152/3&num=0&edition=prelim)); 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section152/2&num=0&edition=prelim)). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section76j/a/2/F&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 151 — Findings and declaration of policy

The denial by some employers of the right of employees to organize and the refusal by some employers to accept the procedure of collective bargaining lead to strikes and other forms of industrial strife or unrest, which have the intent or the necessary effect of burdening or obstructing commerce by (a) impairing the efficiency, safety, or operation of the instrumentalities of commerce; (b) occurring in the current of commerce; (c) materially affecting, restraining, or controlling the flow of raw materials or manufactured or processed goods from or into the channels of commerce, or the prices of such materials or goods in commerce; or (d) causing diminution of employment and wages in such volume as substantially to impair or disrupt the market for goods flowing from or into the channels of commerce.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5315 — Positions at level IV

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 76h — Board of Trustees

**(a) Establishment** (1) **In general** — There is established in the Smithsonian Institution a bureau, which shall be directed by a board to be known as the Trustees of the John F. Kennedy Center for the Performing Arts (hereafter in this subchapter referred to as the “Board”), whose duty it shall be to maintain and administer the John F. Kennedy Center for the Performing Arts and site thereof as the National Center for the Performing Arts, a living memorial to John Fitzgerald Kennedy, and to execute such other functions as are vested in the Board by this subchapter. (2) **Membership** — The Board shall be composed of— (A) the Secretary of Health and Human Services; (B) the Librarian of Congress; (C) the Secretary of State; (D) the Chairman of the Commission of Fine Arts; (E) the Mayor of the District of Columbia; (F) the Superintendent of Schools of the District of Columbia; (G) the Director of the National Park Service; (H) the Secretary of Education; (I) the Secretary of the Smithsonian Institution; (J) (i) the Speaker and the Minority Leader of the House of Representatives; (ii) the chairman and ranking minority member of the Committee on Transportation and Infrastructure of the House of Representatives; and (iii) three additional Members of the House of Representatives appointed by the Speaker of the House of Representatives; (K) (i) the Majority Leader and the Minority Leader of the Senate; (ii) the chairman and ranking minority member of the Committee on Environment and Public Works of the Senate; and (iii) three additional Members of the Senate appointed by the President of the Senate; and (L) thirty-six general trustees, who shall be citizens of the United States, to be appointed in accordanc

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 167 — Short title of subchapter

This subchapter may be cited as the “National Labor Relations Act”.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 141 — Short title; Congressional declaration of purpose and policy

**(a)** This chapter may be cited as the “Labor Management Relations Act, 1947”. **(b)** Industrial strife which interferes with the normal flow of commerce and with the full production of articles and commodities for commerce, can be avoided or substantially minimized if employers, employees, and labor organizations each recognize under law one another’s legitimate rights in their relations with each other, and above all recognize under law that neither party has any right in its relations with any other to engage in acts or practices which jeopardize the public health, safety, or interest.It is the purpose and policy of this chapter, in order to promote the full flow of commerce, to prescribe the legitimate rights of both employees and employers in their relations affecting commerce, to provide orderly and peaceful procedures for preventing the interference by either with the legitimate rights of the other, to protect the rights of individual employees in their relations with labor organizations whose activities affect commerce, to define and proscribe practices on the part of labor and management which affect commerce and are inimical to the general welfare, and to protect the rights of the public in connection with labor disputes affecting commerce.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1531 — Transfers of functions and activities

**(a)** The balance of an appropriation available and necessary to finance or discharge a function or activity transferred or assigned under law within an executive agency or from one executive agency to another may be transferred to and used— (1) by the organizational unit or agency to which the function or activity was transferred or assigned; and (2) for a purpose for which the appropriation was originally available. **(b)** The head of the executive agency determines the amount that, with the approval of the President, is necessary to be transferred when the transfer or assignment of the function or activity is within the agency. The President determines the amount necessary to be transferred when the transfer or assignment of the function or activity is from one executive agency to another. **(c)** A balance transferred under this section is— (1) credited to an applicable existing or new appropriation account; (2) merged with the amount in an account to which the balance is credited; and (3) with the amount with which the balance is merged, accounted for as one amount. **(d)** New appropriation accounts may be established to carry out subsection (c)(1) of this section.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 76k — Powers of Board

Page 28 TITLE 20—EDUCATION § 76k portation and Infrastructure of the House of Represent- atives and the Committee on Environment and Public Works of the Senate a report containing the results of the study with an assessment of the impacts (including environmental, aesthetic, economic, and historical im- pacts) associated with the implementation of each of the methods examined under the study. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection $500,000 for fiscal year 1998. ‘‘(4) APPLICABILITY OF TITLE 23, UNITED STATES CODE.— Funds authorized by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of ac- tivities conducted using such funds shall be 100 percent and such funds shall remain available until expended.’’ § 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 Per- forming Arts, as a bureau of the Smithsonian In- stitution, and to hold and administer gifts, be- quests, or devises of money, securities, or other property of whatsoever character for the benefit of the John F. Kennedy Center for the Per- forming 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 deter- mine 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.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 141 — Short title; Congressional declaration of

Page 34 TITLE 29—LABOR § 141 Sec. 152. Definitions. 153. National Labor Relations Board. 154. National Labor Relations Board; eligibility for reappointment; officers and employees; payment of expenses. 155. National Labor Relations Board; principal of- fice, conducting inquiries throughout coun- try; participation in decisions or inquiries conducted by member. 156. Rules and regulations. 157. Right of employees as to organization, collec- tive bargaining, etc. 158. Unfair labor practices. 158a. Providing facilities for operations of Federal Credit Unions. 159. Representatives and elections. 160. Prevention of unfair labor practices. 161. Investigatory powers of Board. 162. Offenses and penalties. 163. Right to strike preserved. 164. Construction of provisions. 165. Conflict of laws. 166. Separability. 167. Short title of subchapter. 168. Validation of certificates and other Board ac- tions. 169. Employees with religious convictions; pay- ment of dues and fees. SUBCHAPTER III—CONCILIATION OF LABOR DISPUTES; NATIONAL EMERGENCIES 171. Declaration of purpose and policy. 172. Federal Mediation and Conciliation Service. 173. Functions of Service. 174. Co-equal obligations of employees, their rep- resentatives, and management to minimize labor disputes. 175. National Labor-Management Panel; creation and composition; appointment, tenure, and compensation; duties. 175a. Assistance to plant, area, and industrywide labor management committees. 176. National emergencies; appointment of board of inquiry by President; report; contents; filing with Service. 177. Board of inquiry. 178. Injunctions during national emergency. 179. Injunctions during national emergency; ad- justment efforts by parties during injunc- tio

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 151 — Findings and declaration of policy

Page 36 TITLE 29—LABOR § 142 procurements; grants and other direct or indirect Fed- eral investments; tax and trade administration and en- forcement; administration and enforcement of labor, employment, and other relevant laws; property man- agement; and human resources management and labor relations. (b) ‘‘Worker organizing and collective bargaining’’ encompasses the private sector, State and local govern- ments, and the Federal Government. It also includes those sectors of the economy and those workers who have not historically been able to unionize, or whose ability to effectively collectively bargain or organize has been undermined. (c) the term ‘‘agency’’ refers to all agencies described in section 3502(1) of title 44, United States Code, except for the agencies described in section 3502(5) of title 44. SEC. 4. Revocations. (a) Executive Order 13845 of July 19, 2018 (Establishing the President’s National Council for the American Worker) [former 29 U.S.C. 3101 note], and Executive Order 13931 of June 26, 2020 (Continuing the President’s National Council for the American Worker and the American Workforce Policy Advisory Board) [former 29 U.S.C. 3101 note], are revoked. (b) The Director of the Office of Management and Budget and the heads of executive departments and agencies shall promptly consider taking steps to re- scind any orders, rules, regulations, guidelines, or poli- cies, or portions thereof, implementing or enforcing Executive Order 13845 or Executive Order 13931, as ap- propriate and consistent with applicable law, including the Administrative Procedure Act (5 U.S.C. 551 et seq.). In addition, they shall abolish any personnel positions, committees, task forces, or other entities established pursuant to Executive Order 13845 or Ex

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 152 — Definitions

When used in this subchapter— (1) The term “person” includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in cases under title 11, or receivers. (2) The term “employer” includes any person acting as an agent of an employer, directly or indirectly, but shall not include the United States or any wholly owned Government corporation, or any Federal Reserve Bank, or any State or political subdivision thereof, or any person subject to the Railway Labor Act [[45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.], as amended from time to time, or any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of such labor organization. (3) The term “employee” shall include any employee, and shall not be limited to the employees of a particular employer, unless this subchapter explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, but shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse, or any individual having the status of an independent contractor, or any individual employed as a supervisor, or any individual employed by an employer subject to the Railway Labor Act [[45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.], as amended from time to

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