20 U.S.C. § 76k : US Code - Section 76K: Powers of Board

Search 20 U.S.C. § 76k : US Code - Section 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.