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20 U.S.C. § 76l — Official seal, Board vacancies and quorum, trustee powers and obligations, reports, support services, and review and audit

submitted 68 years ago by Pub. L. 85-874 to r/title-20-EDUCATION · 507 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Kennedy Center Board can adopt an official seal and write its own bylaws, and can act even with vacancies as long as twelve members are present. It must file an annual public report, and the Smithsonian's Inspector General can audit funds Congress specifically appropriates to the Board. Board employees count as federal civil employees for injury and death benefits and are covered by the federal tort claims process instead of suing directly.

(a) Adoption of seal; Board function notwithstanding vacancies; quorum: The Board may adopt an official seal that courts must recognize, and may write bylaws, rules, and regulations for running its functions — including rules on managing trust funds and how the Board itself operates. The Board can keep functioning despite vacancies, and needs twelve members present to conduct business. (b) Powers and obligations of Board in respect of trust funds: The Board has all the usual trustee powers and duties over any trust funds it manages. (c) Annual report of operations and finances: The Board must send the Smithsonian and Congress a yearly report on its operations, including a detailed accounting of all public and private money it received and spent. (d) Inspector General: Board functions funded by appropriations under section 76r are subject to the federal-entity inspector-general requirements in title 5, chapter 4. The Smithsonian's Inspector General is authorized to carry these out for the Board, on a reimbursable basis if the Board asks. (e)(1) Property and personnel compensation: The Board may buy insurance against loss to its property and other assets. Each Board employee and volunteer counts as a federal civil employee for injury-compensation purposes — except the Board must keep providing disability or death benefits for a non-appropriated-fund employee's work injury under the workers' compensation law where the Center is located. These disability/death benefits, whether under that workers' comp law or under federal employee compensation law, remain the sole responsibility of the Board and the United States for all Board employees and volunteers. (2) Federal tort claims: For federal tort claims law, a Board employee counts as a federal government employee, and the Board counts as a federal agency. No Board employee may sue the United States or the Board under the federal tort claims process for disability or death from a work injury.
the actual law source: uscode.house.gov ↗public domain
(a) Adoption of seal; Board function notwithstanding 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 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) 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 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) Inspector General

The functions of the Board funded by funds appropriated pursuant to section 76r 1 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) 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 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) Federal tort claims

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.

Source credit: (Pub. L. 85–874, § 6, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88–100, § 3, Aug. 19, 1963, 77 Stat. 128; Pub. L. 88–260, § 1(4), (5), Jan. 23, 1964, 78 Stat. 4; Pub. L. 92–313, § 10, June 16, 1972, 86 Stat. 222; Pub. L. 93–67, July 10, 1973, 87 Stat. 161; Pub. L. 94–119, §§ 1, 2, Oct. 21, 1975, 89 Stat. 608; Pub. L. 94–578, title III, § 314, Oct. 21, 1976, 90 Stat. 2737; Pub. L. 95–50, § 2, June 20, 1977, 91 Stat. 232; Pub. L. 95–305, June 29, 1978, 92 Stat. 348; Pub. L. 96–587, § 1, Dec. 23, 1980, 94 Stat. 3387; Pub. L. 97–73, Nov. 3, 1981, 95 Stat. 1064; Pub. L. 97–202, June 24, 1982, 96 Stat. 128; Pub. L. 101–449, §§ 1–3, Oct. 22, 1990, 104 Stat. 1050; Pub. L. 102–500, § 1, Oct. 24, 1992, 106 Stat. 3267; Pub. L. 103–279, § 5, July 21, 1994, 108 Stat. 1414; Pub. L. 105–226, § 4, Aug. 12, 1998, 112 Stat. 1513; Pub. L. 117–286, § 4(b)(38), Dec. 27, 2022, 136 Stat. 4347.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-874 · 72 Stat. 1699
  • 1963Amended · Pub. L. 88-100 · 77 Stat. 128
  • 1964Amended · Pub. L. 88-260 · 78 Stat. 4
  • 1972Amended · Pub. L. 92-313 · 86 Stat. 222
  • 1973Amended · Pub. L. 93-67 · 87 Stat. 161
  • 1975Amended · Pub. L. 94-119 · 89 Stat. 608
  • 1976Amended · Pub. L. 94-578 · 90 Stat. 2737
  • 1977Amended · Pub. L. 95-50 · 91 Stat. 232
  • 1978Amended · Pub. L. 95-305 · 92 Stat. 348
  • 1980Amended · Pub. L. 96-587 · 94 Stat. 3387
  • 1981Amended · Pub. L. 97-73 · 95 Stat. 1064
  • 1982Amended · Pub. L. 97-202 · 96 Stat. 128
  • 1990Amended · Pub. L. 101-449 · 104 Stat. 1050
  • 1992Amended · Pub. L. 102-500 · 106 Stat. 3267
  • 1994Amended · Pub. L. 103-279 · 108 Stat. 1414
  • 1998Amended · Pub. L. 105-226 · 112 Stat. 1513
  • 2022Amended · Pub. L. 117-286 · 136 Stat. 4347

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-874 on 1958-09-02.

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