Page:United States Statutes at Large Volume 108 Part 2.djvu/697

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PUBLIC LAW 103-279—JULY 21, 1994 108 STAT. 1413 the express approval of Congress and of the Secretary of the Interior.". SEC. 4. OFFICERS AND EMPLOYEES; REVIEW OF BOARD ACTIONS. (a) SOLICITATION AND ACCEPTANCE OF GIFTS. —Section 5 of the John F. Kennedy Center Act (20 U.S.C. 76k) is amended— (1) by striking the section heading and all that follows through "(a)" and inserting the following: "SEC. 5. POWERS OF THE BOARD. "(a) SOLICITATION AND ACCEPTANCE OF GIFTS. —"; and (2) in subsection (a), by striking "Smithsonian Institution" and inserting "John F. Kennedy Center for the Performing Arts, as a bureau of the Smithsonian Institution,". (b) APPOINTMENT OF OFFICERS AND EMPLOYEES.— Subsection (b) of section 5 of such Act is amended to read as follows: "(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 LEVB^L 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, United States Code, 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, United States Code; 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) TRANSFERS; REVIEW OF BOARD ACTIONS.—Section 5 of such Act is amended by striking subsection (c) and inserting the following new subsections: "(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, United States Code, 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. —