Title 20 — EducationRelease 119-73not60
§76l Official Seal, Board Vacancies and Quorum, Trustee Powers and Obligations, Reports, Support Services, and Review and Audit
Title 20 › Chapter 3— SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES › Subchapter V— JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS › § 76l
Summary
The Board may create an official seal and must make rules and bylaws to run its work, including how it manages its trust funds and its own organization. It can keep operating even if some seats are empty, and twelve members make a quorum for doing business. The Board has the normal powers and duties of a trustee for the trust funds it manages. Each year the Board must send a report to the Smithsonian Institution and to Congress that describes its work and shows all public and private money it received and spent. When the Board uses money from appropriations under section 76r, it must follow the Federal entity rules in chapter 4 of title 5. The Smithsonian’s Inspector General may carry out those duties for the Board if the Board asks and pays. The Board may buy insurance for losses to its property and assets. Employees and volunteers are treated as federal civil employees for purposes of 5 U.S.C. 8101(1), but the Board still provides disability or death benefits for nonappropriated fund employees under the local workers’ compensation law where the John F. Kennedy Center is located; those benefits, whether under that local law or chapter 81 of title 5, are the Board’s and the United States’ only liability. For chapter 171 of title 28 (the Federal Tort Claims Act), Board employees count as government employees and the Board counts as a Federal agency, and employees may not sue the United States or the Board under that law for disability or death from injuries while performing Board duties.
Full Legal Text
Title 20, §76l
Education — Source: USLM XML via OLRC
(a)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 regulations 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)The Board shall have all the usual powers and obligations of a trustee in respect of all trust funds administered by it.
(c)The Board shall submit to the Smithsonian Institution and to Congress an annual report of the operations of the Board under this subchapter, including a detailed statement of all public and private moneys received and disbursed by it.
(d)The functions of the Board funded by funds appropriated pursuant to section 76r 11 See References in Text note below. of this title shall be subject to the requirements for a Federal entity under chapter 4 of title 5. The Inspector General of the Smithsonian Institution is authorized to carry out the requirements of such chapter on behalf of the Board, on a reimbursable basis when requested by the Board.
(e)(1)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 employee of the United States (within the meaning of the term “employee” as defined in section 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 employee of the Board sustained while in the performance 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 referred to in the preceding sentence, whether under the workers compensation statute referred 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 volunteers of the Board.
(2)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 employee for the Board.
Legislative History
Notes & Related Subsidiaries
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. section 12 and 13 are classified to section 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 accounts of the John F. Kennedy Center for the Performing 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 subsecs. (d) to (f) and struck out former subsec. (e) which related to maintenance, repair, alteration, security, information, 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 Secretary of the Interior to carry out this subsection— “(A) for fiscal year 1991, not more than— “(i) $6,750,000 for annual maintenance, repairs, alterations, 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, alterations, and operating services; and “(ii) $15,512,000 for deferred maintenance, repairs, and alterations.” 1990—Subsec. (d). Pub. L. 101–449, § 3, struck out subsec. (d) which read as follows: “The Board shall transmit to Congress a detailed report of any memorial which it proposes to provide within the John F. Kennedy 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 follows: “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 Performing 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 transition 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 authorized to be appropriated to carry out this subsection not to exceed $4,200,000 for the fiscal year ending
September 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 exceed $4,400,000 for the fiscal year ending
September 30, 1981, and not to exceed $4,544,000 for the fiscal year ending
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 follows: “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 formula fairly and accurately reflects the use of the building.” 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 authorizing 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 appropriations of $4,000,000 for fiscal year ending Sept. 30, 1978, and not to exceed $4,300,000 for the fiscal year ending Sept. 30, 1979. 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 transitional period ending Sept. 30, 1976. 1975—Subsec. (e). Pub. L. 94–119, § 1, inserted provisions 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 general authorization of appropriation for fiscal year ending
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 RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (c) of this section relating to submitting annual 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 environmental systems, housekeeping, protection systems, and repair or renovation of buildings of the John F. Kennedy Center for the Performing Arts may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price.”
Reference
Citations & Metadata
Citation
20 U.S.C. § 76l
Title 20 — Education
Last Updated
Apr 5, 2026
Release point: 119-73not60