20 U.S.C. § 76l — Official seal, Board vacancies and quorum,

Page 29 TITLE 20—EDUCATION § 76l 1 See References in Text note below. ment as of January 1, 1994, including any change in the trade as a result of a techno- logical advance. (2) Collective bargaining (A) In general For the purposes of the National Labor Re- lations 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 con- sidered 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 em- ployee, the Board shall be considered to be an ‘‘employer’’ within the meaning of sec- tion 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 speci- fied in such Acts. (g) Pedestrian and vehicular access Subject to approval of the Secretary of the In- terior 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, § 5, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88–260, § 1(2), Jan. 23, 1964, 78 Stat. 4; Pub. L. 103–279, § 4, July 21, 1994, 108 Stat. 1413; Pub. L. 105–95, § 3(b), Nov. 19, 1997, 111 Stat. 2149.) Editorial Notes 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 clas- sification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 76h of this title and Tables. The National Labor Relations Act, referred to in sub- sec. (f)(2), is act July 5, 1935, ch. 372, 49 Stat. 449, which is classified generally to subchapter II (§ 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, which is classified principally to chapter 7 (§ 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, § 4(a)(1), substituted section catchline for former section catchline. Subsec. (a). Pub. L. 103–279, § 4(a)(1), inserted heading and substituted ‘‘John F. Kennedy Center for the Per- forming Arts, as a bureau of the Smithsonian Institu- tion,’’ for ‘‘Smithsonian Institution’’. Subsec. (b). Pub. L. 103–279, § 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 di- rector, 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 Per- forming Arts as may be necessary for the efficient ad- ministration of the functions of the Board. The direc- tor, assistant director, and secretary shall be well qualified by experience and training to perform the du- ties of their office.’’ Subsec. (c). Pub. L. 103–279, § 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 ac- tions of the Board, including any payment made or di- rected 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, § 4(c), added sub- secs. (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. § 76l. Official seal, Board vacancies and quorum, trustee powers and obligations, reports, sup- port services, and review and audit (a) Adoption of seal; Board function notwith- standing 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 regula- tions 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 In- stitution and to Congress an annual report of the operations of the Board under this sub- chapter, including a detailed statement of all public and private moneys received and dis- bursed by it. (d) Inspector General The functions of the Board funded by funds ap- propriated pursuant to section 76r 1 of this title shall be subject to the requirements for a Fed- eral entity under chapter 4 of title 5. The Inspec- tor General of the Smithsonian Institution is authorized to carry out the requirements of such chapter on behalf of the Board, on a reimburs- able 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 em- ployee of the United States (within the mean- Page 30 TITLE 20—EDUCATION § 76l ing of the term ‘‘employee’’ as defined in sec- tion 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 em- ployee of the Board sustained while in the per- formance 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 re- ferred to in the preceding sentence, whether under the workers compensation statute re- ferred 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 vol- unteers 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 em- ployee for the Board. (Pub. L. 85–874, § 6, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88–100, § 3, Aug. 19, 1963, 77 Stat. 128; Pub. L. 88–260, § 1(4), (5), Jan. 23, 1964, 78 Stat. 4; Pub. L. 92–313, § 10, June 16, 1972, 86 Stat. 222; Pub. L. 93–67, July 10, 1973, 87 Stat. 161; Pub. L. 94–119, §§ 1, 2, Oct. 21, 1975, 89 Stat. 608; Pub. L. 94–578, title III, § 314, Oct. 21, 1976, 90 Stat. 2737; Pub. L. 95–50, § 2, June 20, 1977, 91 Stat. 232; Pub. L. 95–305, June 29, 1978, 92 Stat. 348; Pub. L. 96–587, § 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, §§ 1–3, Oct. 22, 1990, 104 Stat. 1050; Pub. L. 102–500, § 1, Oct. 24, 1992, 106 Stat. 3267; Pub. L. 103–279, § 5, July 21, 1994, 108 Stat. 1414; Pub. L. 105–226, § 4, Aug. 12, 1998, 112 Stat. 1513; Pub. L. 117–286, § 4(b)(38), Dec. 27, 2022, 136 Stat. 4347.) Editorial Notes REFERENCES IN TEXT Section 76r of this title, referred to in subsec. (d), was in the original a reference to section 12 of Pub. L. 85–874. Section 12 of Pub. L. 85–874 was renumbered as section 13, and a new section 12 was added, by Pub. L. 107–224, § 2, Sept. 18, 2002, 116 Stat. 1340. Sections 12 and 13 are classified to sections 76q–1 and 76r, respectively, of this title. AMENDMENTS 2022—Subsec. (d). Pub. L. 117–286 substituted ‘‘chapter 4 of title 5.’’ for ‘‘the Inspector General Act of 1978 (5 U.S.C. App.).’’ and ‘‘such chapter’’ for ‘‘such Act’’. 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 ac- counts of the John F. Kennedy Center for the Per- forming Arts for the purpose of examining expenditures of funds appropriated under the authority provided by this subchapter.’’ 1994—Subsec. (c). Pub. L. 103–279, § 5(1), substituted ‘‘the operations of the Board’’ for ‘‘its operations’’. Subsecs. (d) to (f). Pub. L. 103–279, § 5(2), added sub- secs. (d) to (f) and struck out former subsec. (e) which related to maintenance, repair, alteration, security, in- formation, 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 Sec- retary of the Interior to carry out this subsection— ‘‘(A) for fiscal year 1991, not more than— ‘‘(i) $6,750,000 for annual maintenance, repairs, al- terations, 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, al- terations, and operating services; and ‘‘(ii) $15,512,000 for deferred maintenance, repairs, and alterations.’’ 1990—Subsec. (d). Pub. L. 101–449, § 3, struck out sub- sec. (d) which read as follows: ‘‘The Board shall trans- mit to Congress a detailed report of any memorial which it proposes to provide within the John F. Ken- nedy 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, § 1, amended subsec. (e) generally. Prior to amendment, subsec. (e) read as fol- lows: ‘‘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 Per- forming 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 transi- tion 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 au- thorized to be appropriated to carry out this subsection not to exceed $4,200,000 for the fiscal year ending Sep- tember 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 ex- ceed $4,400,000 for the fiscal year ending September 30, 1981, and not to exceed $4,544,000 for the fiscal year end- ing September 30, 1982, and not to exceed $4,247,000 for the fiscal year ending September 30, 1983.’’ Subsec. (f). Pub. L. 101–449, § 2, amended subsec. (f) generally. Prior to amendment, subsec. (f) read as fol- lows: ‘‘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 for- mula fairly and accurately reflects the use of the build- ing.’’ 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 au- thorizing 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 appro- priations of $4,000,000 for fiscal year ending Sept. 30, 1978, and not to exceed $4,300,000 for the fiscal year end- ing Sept. 30, 1979. Page 31 TITLE 20—EDUCATION § 76o 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 transi- tional period ending Sept. 30, 1976. 1975—Subsec. (e). Pub. L. 94–119, § 1, inserted provi- sions 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, § 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 gen- eral authorization of appropriation for fiscal year end- ing June 30, 1973. 1972—Subsec. (e). Pub. L. 92–313 added subsec. (e). 1964—Subsec. (c). Pub. L. 88–260, § 1(4), inserted ‘‘and to Congress’’ after ‘‘Smithsonian Institution’’. Subsec. (d). Pub. L. 88–260, § 1(5), added subsec. (d). 1963—Subsec. (a). Pub. L. 88–100 substituted ‘‘twelve’’ for ‘‘eight’’ after ‘‘vacancies and’’. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (c) of this section relating to submitting an- nual 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 envi- ronmental systems, housekeeping, protection systems, and repair or renovation of buildings of the John F. Kennedy Center for the Performing Arts may be nego- tiated with selected contractors and awarded on the basis of contractor qualifications as well as price.’’ § 76m. Photovoltaic system (a) In general The Board may study, plan, design, engineer, and construct a photovoltaic system for the main roof of the John F. Kennedy Center for the Performing Arts. (b) Report Not later than 60 days before beginning con- struction of the photovoltaic system pursuant to subsection (a), the Board shall submit to the Committee on Transportation and Infrastruc- ture of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the feasibility and design of the project. (Pub. L. 85–874, § 7, as added, Pub. L. 110–338, § 3, Oct. 3, 2008, 122 Stat. 3731.) Editorial Notes PRIOR PROVISIONS A prior section 76m, Pub. L. 85–874, § 7, Sept. 2, 1958, 72 Stat. 1700; Pub. L. 86–297, Sept. 21, 1959, 73 Stat. 573; Pub. L. 88–100, § 4, Aug. 19, 1963, 77 Stat. 128; Pub. L. 88–260, § 1(2), Jan. 23, 1964, 78 Stat. 4; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, which related to termi- nation of offices created and appointments made in connection with John F. Kennedy Center for the Per- forming Arts if moneys were not found to construct the Center within eight years after Sept. 2, 1958, was re- pealed by Pub. L. 101–449, § 3, Oct. 22, 1990, 104 Stat. 1050. § 76n. Repealed. Pub. L. 101–449, § 3, Oct. 22, 1990, 104 Stat. 1050 Section, Pub. L. 85–874, § 8, as added Pub. L. 88–260, § 1(6), Jan. 23, 1964, 78 Stat. 4; amended Pub. L. 91–90, § 1(a), Oct. 17, 1969, 83 Stat. 135; Pub. L. 92–313, § 9, June 16, 1972, 86 Stat. 222; Pub. L. 95–50, § 1, June 20, 1977, 91 Stat. 232, authorized appropriations for construction, repair, renovation, and reconstruction of John F. Ken- nedy Center for the Performing Arts. § 76o. Borrowing authority to finance parking fa- cilities (a) Revenue bonds To finance necessary parking facilities for the Center, the Board may issue revenue bonds to the Secretary of the Treasury payable from rev- enues accruing to the Board. The total face value of all bonds so issued shall not be greater than $20,400,000. Such obligations shall have ma- turities agreed upon by the Board and the Sec- retary of the Treasury but not in excess of fifty years. Such obligations may be redeemable at the option of the Board before maturity in such manner as may be stipulated in such obliga- tions, but the obligations thus redeemed shall not be refinanced by the Board. The Secretary of the Treasury is authorized and directed to pur- chase any obligations of the Board to be issued under this section and for such purpose the Sec- retary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31 and the purposes for which securities may be issued under chapter 31 of title 31 are ex- tended to include any purchases of the Board’s obligations under this section. (b) Interest Effective as of October 12, 1984, the obligations of the Board incurred under subsection (a) of this section shall bear no interest, and the re- quirement of the Board to pay the unpaid inter- est which has accrued on such obligations is ter- minated. (c) Kennedy Center Revenue Bond Sinking Fund There is hereby established in the Treasury of the United States a sinking fund, the Kennedy Center Revenue Bond Sinking Fund (hereinafter referred to as the ‘‘Fund’’), which shall be used to retire the obligations of the Board incurred under subsection (a) of this section upon the re- spective maturities of such obligations. The Board shall pay into the Fund, beginning on January 1, 1987 and ending on January 1, 2016, the annual sum of $200,000 in amortization of the principal amount of the obligations. Such sums shall be invested by the Secretary of the Treas- ury in public debt securities with maturities suitable for the needs of the Fund and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration the cur- rent average market yield on outstanding mar- ketable obligations of the United States of com- parable maturities. The interest on such invest- ments shall be credited to and form a part of the Fund. Moneys in the Fund shall be used exclu- sively to retire the obligations of the Board in- curred under subsection (a) of this section. Ad- justments of not greater than plus or minus 5 per centum may be made from time to time in