§ 76l. Official seal, Board vacancies and quorum, trustee powers and obligations, reports, support services, and review and audit

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(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.

(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.)

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