20 U.S.C. § 76j: Duties of Board

Summary

Present many kinds of performing arts from the United States and other countries, including music, opera, drama, dance, and more. The Board must keep the John F. Kennedy Center as the National Center for the Performing Arts by leading national arts education and outreach, making original programs for children, youth, families, adults, and teachers, creating model outreach programs others can copy, and working with Very Special Arts on programs for people with disabilities. Programs must be high quality and reflect the country’s cultural diversity. The Center must also offer space for civic events and a suitable memorial to President Kennedy. The Board must make and update every year a building needs plan for features existing on July 21, 1994, and must plan, design, and do the repairs, upgrades, and safety, security, and accessibility work needed to keep the building functional. It must provide information services and all necessary maintenance, janitorial, security, and operating equipment, and keep safe, convenient access for pedestrians and vehicles. The Board may enter contracts and pay public or private groups, use services of agencies like the Department of the Interior, General Services Administration, and Smithsonian, and must prepare a budget under sections 1104, 1105(a), and 1513(b) of title 31. It may use federal or D.C. agency staff with permission and volunteers. It may choose contractors based on qualifications and price for Plaza buildings, landscaping, environmental or protection systems, and repairs or restoration. The Board must maintain the Hall of Nations, Hall of States, and Grand Foyer to suit a national performing arts center and manage the grounds according to National Park Service rules in effect on July 21, 1994; changes need approval by Congress and the Secretary of the Interior. After December 2, 1983, no new memorials or plaques may be installed in public areas except certain donor acknowledgments allowed under Board policies in effect on that date. Testimonials and benefit performances are not memorials.

Title 20, §76j

Education, Source: USLM XML via OLRC

(a)Programs, activities, and goals

(1)In general

The Board shall—

(A)present classical and contemporary music, opera, drama, dance, and other performing arts from the United States and other countries;

(B)promote and maintain the John F. Kennedy Center for the Performing Arts as the National Center for the Performing Arts—

(i)by developing and maintaining a leadership role in national performing arts education policy and programs, including developing and presenting original and innovative performing arts and educational programs for children, youth, families, adults, and educators designed specifically to foster an appreciation and understanding of the performing arts;

(ii)by developing and maintaining a comprehensive and broad program for national and community outreach, including establishing model programs for adaptation by other presenting and educational institutions; and

(iii)by conducting joint initiatives with the national education and outreach programs of the Very Special Arts, an entity affiliated with the John F. Kennedy Center for the Performing Arts which has an established program for the identification, development, and implementation of model programs and projects in the arts for disabled individuals;

(C)strive to ensure that the education and outreach programs and policies of the John F. Kennedy Center for the Performing Arts meet the highest level of excellence and reflect the cultural diversity of the United States;

(D)provide facilities for other civic activities at the John F. Kennedy Center for the Performing Arts;

(E)provide within the John F. Kennedy Center for the Performing Arts a suitable memorial in honor of the late President;

(F)develop, and update annually, a comprehensive building needs plan for the features of the John F. Kennedy Center for the Performing Arts in existence on July 21, 1994;

(G)with respect to the building and site of the John F. Kennedy Center for the Performing Arts, plan, design, and construct each capital repair, replacement, improvement, rehabilitation, alteration, or modification necessary to maintain the functionality of the building and site at current standards of life, safety, security, and accessibility;

(H)provide—

(i)information and interpretation; and

(ii)with respect to the building and site of the John F. Kennedy Center for the Performing Arts, all necessary maintenance, repair, and alteration of, and all janitorial, security, and other services and equipment necessary for the operations of, the building and site, in a manner consistent with requirements for high quality operations; and

(I)ensure that safe and convenient access to the site of the John F. Kennedy Center for the Performing Arts is provided for pedestrians and vehicles.

(2)Administrative powers and duties

(A)Authority to enter into contracts

The Board, in accordance with applicable law, may enter into contracts or other arrangements with, and make payments to, public agencies or private organizations or other private persons in order to carry out the functions of the Board under this subchapter. The authority described in the preceding sentence includes utilizing the services and facilities of other agencies, including the Department of the Interior, the General Services Administration, and the Smithsonian Institution.

(B)Preparation of budget

The Board shall prepare a budget pursuant to section 1104, 1105(a), and 1513(b) of title 31.

(C)Use of agency personnel

The Board may utilize or employ the services of the personnel of any agency or instrumentality of the Federal Government or the District of Columbia, with the consent of the agency or the instrumentality concerned, on a reimbursable basis, and utilize voluntary and uncompensated personnel.

(D)Selection of contractors

In carrying out the duties of the Board under this subchapter, the Board may negotiate any contract—

(i)for planning, design, engineering, or construction of buildings to be erected on the John F. Kennedy Center Plaza under section 76q–1 of this title and for landscaping and other improvements to the Plaza; or

(ii)for an environmental system for, a protection system for, or a repair to, maintenance of, or restoration of the John F. Kennedy Center for the Performing Arts,

with selected contractors and award the contract on the basis of contractor qualifications as well as price.

(E)Maintenance of halls

The Board shall maintain the Hall of Nations, the Hall of States, and the Grand Foyer of the John F. Kennedy Center for the Performing Arts in a manner that is suitable to a national performing arts center that is operated as a Presidential memorial and in a manner consistent with other national Presidential memorials.

(F)Maintenance of grounds

The Board shall manage and operate the grounds of the John F. Kennedy Center for the Performing Arts in a manner consistent with National Park Service regulations and agreements in effect on July 21, 1994. No change in the management and operation of the grounds may be made without the express approval of Congress and of the Secretary of the Interior.

(b)Restriction on additional memorials

(1)Except as provided in paragraph (2) of this subsection, the Board shall assure that after December 2, 1983, no additional memorials or plaques in the nature of memorials shall be designated or installed in the public areas of the John F. Kennedy Center for the Performing Arts.

(2)Paragraph (1) of this subsection shall not apply to—

(A)any plaque acknowledging a gift from a foreign country;

(B)any plaque on a theater chair or a theater box acknowledging the gift of such chair or box; and

(C)any inscription on the marble walls in the north or south galleries, the Hall of States, or the Hall of Nations acknowledging a major contribution;

which plaque or inscription is permitted under policies of the Board in effect on December 2, 1983.

(3)For purposes of this subsection, testimonials and benefit performances shall not be construed to be memorials.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Subsec. (a)(2)(D). Pub. L. 107–224 amended heading and text of subpar. (D) generally. Prior to amendment, text read as follows: “In carrying out the duties of the Board under this subchapter, the Board may negotiate any contract for an environmental system for, a protection system for, or a repair to, maintenance of, or restoration of the John F. Kennedy Center for the Performing Arts with selected contractors and award the contract on the basis of contractor qualifications as well as price.” 1998—Subsec. (a)(1)(G). Pub. L. 105–226, § 2, amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “with respect to each feature of the building and site of the John F. Kennedy Center for the Performing Arts that is in existence on

July 21, 1994 (including a theater, the garage, the plaza, or a building walkway), plan, design, and construct each capital repair, replacement, improvement, rehabilitation, alteration, or modification necessary for the feature;”. Subsec. (a)(1)(H)(ii). Pub. L. 105–226, § 3, amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “with respect to each feature of the building and site of the John F. Kennedy Center for the Performing Arts that is in existence on

July 21, 1994 (including a theater, the garage, the plaza, or a building walkway), all necessary maintenance, repair, and alteration of, and all janitorial, security, and other services and equipment necessary for the operation of, the feature, in a manner consistent with requirements for high quality operations; and”. 1997—Subsec. (a)(1)(I). Pub. L. 105–95 added subpar. (I). 1994—Pub. L. 103–279 substituted section catchline for former section catchline, added heading and text of subsec. (a), and struck out former subsec. (a) which read as follows: “The Board shall— “(1) present classical and contemporary music, opera, drama, dance, and poetry from this and other countries, “(2) present lectures and other programs, “(3) develop programs for children and youth and the elderly (and for other age groups as well) in such arts designed specifically for their participation, education, and recreation, “(4) provide facilities for other civic activities at the John F. Kennedy Center for the Performing Arts, “(5) provide within the John F. Kennedy Center for the Performing Arts a suitable memorial in honor of the late President.” 1983—Pub. L. 98–205 designated existing provisions as subsec. (a) and added subsec. (b). 1964—Pub. L. 88–260 struck out “and” at end of par. (3), substituted “John F. Kennedy Center for the Performing Arts” for “Cultural Center” in par. (4), and added par. (5).

Statutory Notes and Related Subsidiaries

Commemoration of the John F. Kennedy Center for the Performing Arts Pub. L. 116–94, div. P, title VI, § 603, Dec. 20, 2019, 133 Stat. 3194, provided that: “(a) Sense of Congress.—It is the sense of Congress that the John F. Kennedy Center for the Performing Arts (referred to in this Act [probably means “this title”, see

Short Title

of 2019 Amendment note set out under section 76h of this title] as the ‘Center’)—“(1) recognize the year 2021 as the 50th anniversary of the opening of the Center; “(2) acknowledge and commemorate the mission of the Center as a national center for the performing arts and a national memorial to President John F. Kennedy; and “(3) recognize that the year 2018 is the 60th anniversary of the signing of the National Cultural Center Act (now known as the ‘John F. Kennedy Center Act’) (20 U.S.C. 76h et seq.), signed into law by President Dwight D. Eisenhower on

September 2, 1958. “(b) Authorization for Plaque.—“(1) In general.—The Center shall place within the Center a plaque containing an inscription to commemorate the 60th anniversary of the signing of the National Cultural Center Act (20 U.S.C. 76h et seq.) by President Dwight D. Eisenhower. “(2) Specifications.—The plaque shall be—“(A)(i) not less than 6 square feet in size; and “(ii) not more than 18 square feet in size; “(B) of any shape that the Trustees of the Center determine to be appropriate; and “(C) placed at a location within the Center approximate to the Eisenhower Theater that the Trustees of the Center determine to be appropriate. “(3) Funding.—“(A) In general.—No Federal funds may be used to design, procure, or install the plaque. “(B) Exception.—Subparagraph (A) shall not affect the payment of salaries, expenses, and benefits otherwise authorized by law for members and employees of the Center who participate in carrying out this subsection. “(4) Private fundraising authorized.—“(A) In general.—The Center may solicit and accept private contributions for the design, procurement, and installation of the plaque. “(B) Accounting.—The Center may—“(i) establish an account into which any contributions received pursuant to subparagraph (A) shall be deposited; and “(ii) maintain documentation of any contributions received pursuant to subparagraph (A).” Access to John F. Kennedy Center for the Performing Arts Pub. L. 105–178, title I, § 1214(a),

June 9, 1998, 112 Stat. 204, provided that: “(1) Study.—The Secretary [of Transportation], in cooperation with the District of Columbia, the John F. Kennedy Center for the Performing Arts, and the Department of the Interior and in consultation with other interested persons, shall conduct a study of methods to improve pedestrian and vehicular access to the John F. Kennedy Center for the Performing Arts. “(2) Report.—Not later than

September 30, 1999, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the results of the study with an assessment of the impacts (including environmental, aesthetic, economic, and historical impacts) associated with the implementation of each of the methods examined under the study. “(3) Authorization of appropriations.—There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection $500,000 for fiscal year 1998. “(4) Applicability of title 23, united states code.—Funds authorized by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of activities conducted using such funds shall be 100 percent and such funds shall remain available until expended.”

§76j Duties of Board