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. 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 com- pensation and duties of a Chairperson of the John F. Kennedy Center for the Performing Arts, who shall serve as the chief executive of- ficer 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 appro- priated 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 Per- forming Arts as may be necessary for the ef- ficient administration of the functions of the Board. (c) Transfer of property Not later than October 1, 1995, the property, li- abilities, contracts, records, and unexpended balances of appropriations, authorizations, allo- cations, and other funds employed, held, used, arising from, available to, or to be made avail- able in connection with the functions trans- ferred from the Secretary of the Interior pursu- ant 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. Unex- pended funds transferred pursuant to this sub- section shall be used only for the purposes for which, and subject to the terms under which, the funds were originally authorized and appro- priated. (d) Transfer of personnel (1) In general Employees of the National Park Service as- signed 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 pro- motion procedures or lateral reassignment for all vacancies within the Department of the In- terior. (3) Park Police All United States Park Police and Park Po- lice 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 pro- ceeding resulting from the transfer of func- tions under this section that are incurred be- fore 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 pro- hibit the Board from reorganizing functions at the John F. Kennedy Center for the Per- forming Arts in accordance with laws gov- erning reorganizations. (e) Review of Board actions The actions of the Board relating to per- forming 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 ‘‘theat- rical 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 agree- 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-