# § 76l. Official seal, Board vacancies and quorum, trustee powers and obligations, reports, support services, and review and audit
**(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.
**1** **Inspector General** [^1]
The functions of the Board funded by funds appropriated pursuant to section 76r 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.
See References in Text note below.
**(e)** **Property and personnel compensation**
**(1)** **In general** section 8101(1) of title 5
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 ), 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.
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**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.)
## Editorial Notes
### References in Text
, referred to in subsec. (d), was in the original a reference to . was renumbered as section 13, and a new section 12 was added, by , , . Sections 12 and 13 are classified to sections 76q–1 and 76r, respectively, of this title.
### Amendments
2022—Subsec. (d). 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). 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). , substituted “the operations of the Board” for “its operations”.
Subsecs. (d) to (f). , 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). 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). , 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 , and no such memorial shall be provided until the Board of Regents of the Smithsonian Institution shall have approved such memorial.”
Subsec. (e). , 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 , $741,000 for the transition period ending , $3,100,000 for the fiscal year ending , and $4,000,000 for the fiscal year ending . There is authorized to be appropriated to carry out this subsection not to exceed $4,200,000 for the fiscal year ending . There is authorized to be appropriated to carry out this subsection not to exceed $4,287,000 for the fiscal year ending , and not to exceed $4,400,000 for the fiscal year ending , and not to exceed $4,544,000 for the fiscal year ending , and not to exceed $4,247,000 for the fiscal year ending .”
Subsec. (f). , 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). inserted provisions authorizing an appropriation of not to exceed $4,247,000 for fiscal year ending .
1981—Subsec. (e). inserted provision authorizing an appropriation of not to exceed $4,544,000 for fiscal year ending .
1980—Subsec. (e). inserted provisions authorizing appropriations for fiscal years ending , and .
1978—Subsec. (e). inserted provisions authorizing appropriations for fiscal year ending .
1977—Subsec. (e). substituted provisions authorizing an appropriation of $4,000,000 for fiscal year ending , for provisions authorizing appropriations of $4,000,000 for fiscal year ending , and not to exceed $4,300,000 for the fiscal year ending .
1976—Subsec. (e). substituted provisions authorizing appropriations for fiscal years ending , and , for provisions covering fiscal years ending , , and transitional period ending .
1975—Subsec. (e). , inserted provisions authorizing appropriations for fiscal year ending , for the transitional period ending , and for fiscal year ending .
Subsec. (f). , added subsec. (f).
1973—Subsec. (e). substituted provisions authorizing appropriations not to exceed $2,400,000 for fiscal year ending , and $2,500,000 for fiscal year ending , for provision granting general authorization of appropriation for fiscal year ending .
1972—Subsec. (e). added subsec. (e).
1964—Subsec. (c). , inserted “and to Congress” after “Smithsonian Institution”.
Subsec. (d). , added subsec. (d).
1963—Subsec. (a). substituted “twelve” for “eight” after “vacancies and”.
## Statutory Notes and Related Subsidiaries
### Termination of Reporting Requirements
For termination, effective , of provisions in subsec. (c) of this section relating to submitting annual report to Congress, see , as amended, set out as a note under , Money and Finance, and page 192 of House Document No. 103–7.
### Award of Service Contracts
> “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.”
, , , provided: