§ 76j. — Duties of Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC76j]
TITLE 20--EDUCATION
CHAPTER 3--SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES
SUBCHAPTER V--JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
Sec. 76j. Duties of Board
(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 sections 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.
(Pub. L. 85-874, Sec. 4, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88-260,
Sec. 1(3), Jan. 23, 1964, 78 Stat. 4; Pub. L. 98-205, Sec. 4, Dec. 2,
1983, 97 Stat. 1388; Pub. L. 103-279, Sec. 3, July 21, 1994, 108 Stat.
1411; Pub. L. 105-95, Sec. 3(a), Nov. 19, 1997, 111 Stat. 2149; Pub. L.
105-226, Secs. 2, 3, Aug. 12, 1998, 112 Stat. 1513; Pub. L. 107-224,
Sec. 4(a), Sept. 18, 2002, 116 Stat. 1343.)
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, Sec. 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, Sec. 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).
Access to John F. Kennedy Center for the Performing Arts
Pub. L. 105-178, title I, Sec. 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.''
Section Referred to in Other Sections
This section is referred to in sections 76k, 76q-1, 76r of this
title.
