20 U.S.C. § 76j — Duties of Board

Page 25 TITLE 20—EDUCATION § 76j John F. Kennedy Center for the Performing Arts on a site in the District of Columbia bounded by the Inner Loop Freeway on the east, the Theo- dore Roosevelt Bridge approaches on the south, Rock Creek Parkway on the west, New Hamp- shire Avenue and F Street on the north, which shall be selected for such purpose by the Na- tional Capital Planning Commission. The Na- tional Capital Planning Commission shall ac- quire by purchase, condemnation, or otherwise, lands necessary to provide for the John F. Ken- nedy Center for the Performing Arts and related facilities. Such building shall be in accordance with plans and specifications approved by the Commission of Fine Arts. (b) Parking garage additions and site improve- ments (1) In general Substantially in accordance with the plan entitled ‘‘Site Master Plan—Drawing Number 1997–2 April 29, 1997,’’ and map number NCR 844/82571, the Board may design and con- struct— (A) an addition to the parking garage at each of the north and south ends of the John F. Kennedy Center for the Performing Arts; and (B) site improvements and modifications. (2) Availability The plan shall be on file and available for public inspection in the office of the Secretary of the Center. (3) Limitation on use of appropriated funds No appropriated funds may be used to pay the costs (including the repayment of obliga- tions incurred to finance costs) of— (A) the design and construction of an addi- tion to the parking garage authorized under paragraph (1)(A); (B) the design and construction of site im- provements and modifications authorized under paragraph (1)(B) that the Board spe- cifically designates will be financed using sources other than appropriated funds; or (C) any project to acquire large screen for- mat equipment for an interpretive theater, or to produce an interpretive film, that the Board specifically designates will be fi- nanced using sources other than appro- priated funds. (c) Expansion project (1) Authority to construct (A) In general Subject to the requirements of this sub- section, the Board may undertake such ac- tivities as may be necessary to construct the expansion project. (B) Responsibilities of the Board The Board may construct the expansion project, and shall be responsible for the planning, design, engineering, and construc- tion of the expansion project. (C) Limitations (i) Mission All activities carried out under this paragraph shall be within the mission of the John F. Kennedy Center for the Per- forming Arts to serve as the national cen- ter for the performing arts. (ii) Funding The costs of planning, design, engineer- ing, and construction of the expansion project shall be paid for using non- appropriated funds. (2) Annual operations and maintenance costs (A) Estimates Before awarding a contract for construc- tion of the expansion project, the Board shall estimate any additional annual oper- ations and maintenance costs (or savings) associated with the project. (B) Budget requests The Board shall account for any additional costs identified under subparagraph (A) in making a budget request for fiscal year 2014 and each fiscal year thereafter. (C) Budget priorities The Board shall base a final determination on whether to proceed with the expansion project on the ability of the Board to accom- modate any additional costs identified under subparagraph (A) within the other budget priorities of the Board. (3) Acknowledgments The Board may acknowledge private con- tributions used in carrying out the expansion project in the interior of the project, but may not acknowledge such private contributions on the exterior of the project. Any acknowl- edgment of private contributions under this paragraph shall be consistent with the re- quirements of section 76j(b) of this title. (4) Expansion project defined In this subsection, the term ‘‘expansion project’’ means an addition to the south end of the building of the John F. Kennedy Center for the Performing Arts that— (A) is less than 100,000 square feet; (B) will improve the existing (as of June 8, 2012) accessibility and education functions of the Center; and (C) will become part of the existing (as of June 8, 2012) structure of the Center. (Pub. L. 85–874, § 3, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88–260, § 1(2), Jan. 23, 1964, 78 Stat. 4; Pub. L. 105–95, § 2, Nov. 19, 1997, 111 Stat. 2148; Pub. L. 112–131, § 2, June 8, 2012, 126 Stat. 377.) Editorial Notes AMENDMENTS 2012—Subsec. (c). Pub. L. 112–131 added subsec. (c). 1997—Pub. L. 105–95 substituted section catchline for former section catchline, designated existing provi- sions as subsec. (a) and inserted heading, and added subsec. (b). 1964—Pub. L. 88–260 substituted ‘‘John F. Kennedy Center for the Performing Arts’’ for ‘‘National Cultural Center’’ wherever appearing. § 76j. Duties of Board (a) Programs, activities, and goals (1) In general The Board shall— Page 26 TITLE 20—EDUCATION § 76j (A) present classical and contemporary music, opera, drama, dance, and other per- forming 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 lead- ership role in national performing arts education policy and programs, including developing and presenting original and in- novative performing arts and educational programs for children, youth, families, adults, and educators designed specifically to foster an appreciation and under- standing of the performing arts; (ii) by developing and maintaining a comprehensive and broad program for na- tional and community outreach, including establishing model programs for adapta- tion by other presenting and educational institutions; and (iii) by conducting joint initiatives with the national education and outreach pro- grams of the Very Special Arts, an entity affiliated with the John F. Kennedy Center for the Performing Arts which has an es- tablished 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 re- flect the cultural diversity of the United States; (D) provide facilities for other civic activi- ties 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 com- prehensive building needs plan for the fea- tures 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 Per- forming Arts, plan, design, and construct each capital repair, replacement, improve- ment, rehabilitation, alteration, or modi- fication necessary to maintain the functionality of the building and site at cur- rent 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 Per- forming Arts, all necessary maintenance, repair, and alteration of, and all janitorial, security, and other services and equipment necessary for the operations of, the build- ing 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 pedes- trians 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 ar- rangements 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 sub- chapter. The authority described in the pre- ceding sentence includes utilizing the serv- ices and facilities of other agencies, includ- ing the Department of the Interior, the Gen- eral Services Administration, and the Smithsonian Institution. (B) Preparation of budget The Board shall prepare a budget pursuant to sections 1104, 1105(a), and 1513(b) of title 31. (C) Use of agency personnel The Board may utilize or employ the serv- ices of the personnel of any agency or instru- mentality 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 nego- tiate 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 land- scaping and other improvements to the Plaza; or (ii) for an environmental system for, a protection system for, or a repair to, main- tenance of, or restoration of the John F. Kennedy Center for the Performing Arts, with selected contractors and award the con- tract on the basis of contractor qualifica- tions as well as price. (E) Maintenance of halls The Board shall maintain the Hall of Na- tions, 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 Pres- idential 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 ex- press approval of Congress and of the Sec- retary of the Interior. (b) Restriction on additional memorials (1) Except as provided in paragraph (2) of this subsection, the Board shall assure that after De- Page 27 TITLE 20—EDUCATION § 76j cember 2, 1983, no additional memorials or plaques in the nature of memorials shall be des- ignated 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 the- ater 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. (Pub. L. 85–874, § 4, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88–260, § 1(3), Jan. 23, 1964, 78 Stat. 4; Pub. L. 98–205, § 4, Dec. 2, 1983, 97 Stat. 1388; Pub. L. 103–279, § 3, July 21, 1994, 108 Stat. 1411; Pub. L. 105–95, § 3(a), Nov. 19, 1997, 111 Stat. 2149; Pub. L. 105–226, §§ 2, 3, Aug. 12, 1998, 112 Stat. 1513; Pub. L. 107–224, § 4(a), Sept. 18, 2002, 116 Stat. 1343.) Editorial Notes AMENDMENTS 2002—Subsec. (a)(2)(D). Pub. L. 107–224 amended head- ing and text of subpar. (D) generally. Prior to amend- ment, text read as follows: ‘‘In carrying out the duties of the Board under this subchapter, the Board may ne- gotiate 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 build- ing walkway), plan, design, and construct each capital repair, replacement, improvement, rehabilitation, al- teration, 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 fol- lows: ‘‘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, edu- cation, 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 Per- forming 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 anniver- sary 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 com- memorate 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 ap- proximate 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 af- fect the payment of salaries, expenses, and benefits otherwise authorized by law for members and em- ployees of the Center who participate in carrying out this subsection. ‘‘(4) PRIVATE FUNDRAISING AUTHORIZED.— ‘‘(A) IN GENERAL.—The Center may solicit and ac- cept private contributions for the design, procure- ment, and installation of the plaque. ‘‘(B) ACCOUNTING.—The Center may— ‘‘(i) establish an account into which any con- tributions received pursuant to subparagraph (A) shall be deposited; and ‘‘(ii) maintain documentation of any contribu- tions 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 De- partment 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 Trans- Page 28 TITLE 20—EDUCATION § 76k portation and Infrastructure of the House of Represent- atives 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 im- pacts) associated with the implementation of each of the methods examined under the study. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized 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 ac- tivities conducted using such funds shall be 100 percent and such funds shall remain available until expended.’’ § 76k. Powers of Board (a) Solicitation and acceptance of gifts The Board is authorized to solicit and accept for the John F. Kennedy Center for the Per- forming Arts, as a bureau of the Smithsonian In- stitution, and to hold and administer gifts, be- quests, or devises of money, securities, or other property of whatsoever character for the benefit of the John F. Kennedy Center for the Per- forming Arts. Unless otherwise restricted by the terms of the gift, bequest, or devise, the Board is authorized to sell or exchange and to invest or reinvest in such investments as it may deter- mine from time to time the moneys, securities, or other property composing trust funds given, bequeathed, or devised to or for the benefit of the John F. Kennedy Center for the Performing Arts. The income as and when collected shall be placed in such depositaries as the Board shall determine and shall be subject to expenditure by the Board. (b) Appointment of officers and employees (1) Chairperson and Secretary The Board shall appoint and fix the com- pensation and duties of a Chairperson of the John F. Kennedy Center for the Performing Arts, who shall serve as the chief executive of- ficer 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 level 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, be appointed and compensated with appro- priated 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; and (B) such other officers and employees of the John F. Kennedy Center for the Per- forming Arts as may be necessary for the ef- ficient administration of the functions of the Board. (c) Transfer of property Not later than October 1, 1995, the property, li- abilities, contracts, records, and unexpended balances of appropriations, authorizations, allo- cations, and other funds employed, held, used, arising from, available to, or to be made avail- able in connection with the functions trans- ferred from the Secretary of the Interior pursu- ant to the amendments made by the John F. Kennedy Center Act Amendments of 1994 shall be transferred, subject to section 1531 of title 31, to the Board as the Board and the Secretary of the Interior may determine appropriate. Unex- pended funds transferred pursuant to this sub- section shall be used only for the purposes for which, and subject to the terms under which, the funds were originally authorized and appro- priated. (d) Transfer of personnel (1) In general Employees of the National Park Service as- signed to duties related to the functions being undertaken by the Board shall be transferred with their functions to the Board not later than October 1, 1995. (2) Rights and benefits Transferred employees shall remain in the Federal competitive service and retain all rights and benefits provided under title 5. For a period of not less than 3 years after the date of transfer of an employee under paragraph (1), the transferred employee shall retain the right of priority consideration under merit pro- motion procedures or lateral reassignment for all vacancies within the Department of the In- terior. (3) Park Police All United States Park Police and Park Po- lice guard force employees assigned to the John F. Kennedy Center for the Performing Arts shall remain employees of the National Park Service. (4) Costs All usual and customary costs associated with any adverse action or grievance pro- ceeding resulting from the transfer of func- tions under this section that are incurred be- fore October 1, 1995, shall be paid from funds appropriated to the John F. Kennedy Center for the Performing Arts. (5) Reorganization authority Nothing contained in this section shall pro- hibit the Board from reorganizing functions at the John F. Kennedy Center for the Per- forming Arts in accordance with laws gov- erning reorganizations. (e) Review of Board actions The actions of the Board relating to per- forming arts and to payments made or directed to be made by the Board from any trust funds shall not be subject to review by any officer or agency other than a court of law. (f) Collective bargaining (1) ‘‘Theatrical employee’’ defined As used in this subsection, the term ‘‘theat- rical employee’’ means a nonappropriated fund employee of the Board, who is engaged in a box office, performing, or theatrical trade that is the subject of a collective bargaining agree-