 
 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 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.
