20 U.S.C. § 76k — Powers of Board

(a) Solicitation and acceptance of gifts: The Board may solicit and accept gifts, bequests, or devises of money, securities, or property for the Center's benefit, as a Smithsonian bureau. Unless a gift restricts this, the Board may sell, exchange, invest, or reinvest that trust property. Income from it goes wherever the Board decides and may be spent by the Board. (b) Appointment of officers and employees: (1) The Board appoints a Chairperson (the Center's chief executive) and a Secretary, both well qualified by experience and training, and sets their pay and duties. (2) The Chairperson may appoint a senior facilities-management executive, paid up to Executive Schedule Level IV without regard to normal title 5 rules, plus whatever other staff the Center needs. (c) Transfer of property: By October 1, 1995, property, contracts, records, and unspent funds tied to functions transferred from the Secretary of the Interior under the 1994 Kennedy Center Act Amendments had to be transferred to the Board, as the Board and Interior worked out, subject to section 1531 of title 31. Transferred funds could only be used for their originally authorized purposes. (d) Transfer of personnel: (1) National Park Service employees doing Board-related work had to transfer to the Board by October 1, 1995. (2) These transferred employees stayed in the federal competitive service, kept all title 5 rights and benefits, and — for at least three years — kept priority consideration for Interior Department job openings. (3) U.S. Park Police and Park Police guards at the Center stayed National Park Service employees. (4) Costs of any adverse-action or grievance proceedings from this transfer, incurred before October 1, 1995, were paid from Kennedy Center appropriated funds. (5) None of this stops the Board from reorganizing Center functions under normal reorganization law. (e) Review of Board actions: Only a court of law — no other officer or agency — may review the Board's performing-arts decisions or its payments from trust funds. (f) Collective bargaining: (1) A "theatrical employee" is a Board employee, paid from non-appropriated funds, working in a box-office, performing, or theatrical trade covered by a collective bargaining agreement as of January 1, 1994 (including later tech changes to that trade). (2)(A) Under the National Labor Relations Act and the Labor-Management Relations Act, each theatrical employee counts as an "employee," and the Board counts as their "employer." (B) Both the employee and the Board have all the rights and duties those Acts give them. (g) Pedestrian and vehicular access: Subject to the Interior Secretary's approval under section 76j(a)(2)(F), the Board must develop plans and projects to improve pedestrian and vehicle access to the Center.