- § 76h. Board of Trustees
- § 76i. John F. Kennedy Center for the Performing Arts
- § 76j. Duties of Board
- § 76k. Powers of Board
- § 76l. Official seal, Board vacancies and quorum, trustee powers and obligations, reports, support services, and review and audit
- § 76m. Photovoltaic system
- § 76n. Repealed.
- § 76o. Borrowing authority to finance parking facilities
- § 76p. Acceptance and disposition of gifts to the United States contributed in honor or memory of the late President John F. Kennedy
- § 76q. Sole national memorial to the late John F. Kennedy within the city of Washington and environs
- § 76q-1. John F. Kennedy Center Plaza
- § 76r. Authorization of appropriations
- § 76s. Definitions
§ 76h. Board of Trustees
(a) Establishment
(1) In general
(2) Membership
The Board shall be composed of—
(A) the Secretary of Health and Human Services;
(B) the Librarian of Congress;
(C) the Secretary of State;
(D) the Chairman of the Commission of Fine Arts;
(E) the Mayor of the District of Columbia;
(F) the Superintendent of Schools of the District of Columbia;
(G) the Director of the National Park Service;
(H) the Secretary of Education;
(I) the Secretary of the Smithsonian Institution;
(J)
(i) the Speaker and the Minority Leader of the House of Representatives;
(ii) the chairman and ranking minority member of the Committee on Transportation and Infrastructure of the House of Representatives; and
(iii) three additional Members of the House of Representatives appointed by the Speaker of the House of Representatives;
(K)
(i) the Majority Leader and the Minority Leader of the Senate;
(ii) the chairman and ranking minority member of the Committee on Environment and Public Works of the Senate; and
(iii) three additional Members of the Senate appointed by the President of the Senate; and
(L) thirty-six general trustees, who shall be citizens of the United States, to be appointed in accordance with subsection (b).
(b) General trustees
The general trustees shall be appointed by the President of the United States. Each trustee shall hold office as a member of the Board for a term of 6 years, except that—
(1) any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed for the remainder of the term;
(2) a member shall continue to serve until the successor of the member has been appointed; and
(3) the term of office of a member appointed before July 21, 1994, shall expire as designated at the time of appointment.
(c) Advisory Committee on the Arts
(Pub. L. 85–874, § 2, Sept. 2, 1958, 72 Stat. 1698; Pub. L. 88–100, §§ 1, 2, Aug. 19, 1963, 77 Stat. 128; Pub. L. 88–260, § 1(2), Jan. 23, 1964, 78 Stat. 4; Pub. L. 103–279, § 2(b)(1), (c), (d), July 21, 1994, 108 Stat. 1409, 1410; Pub. L. 107–117, div. D, title II, § 201(a), Jan. 10, 2002, 115 Stat. 2353; Pub. L. 110–338, § 2, Oct. 3, 2008, 122 Stat. 3731.)
§ 76i. John F. Kennedy Center for the Performing Arts
(a) In general
(b) Parking garage additions and site improvements
(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 construct—
(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
(3) Limitation on use of appropriated funds
No appropriated funds may be used to pay the costs (including the repayment of obligations incurred to finance costs) of—
(A) the design and construction of an addition to the parking garage authorized under paragraph (1)(A);
(B) the design and construction of site improvements and modifications authorized under paragraph (1)(B) that the Board specifically designates will be financed using sources other than appropriated funds; or
(C) any project to acquire large screen format equipment for an interpretive theater, or to produce an interpretive film, that the Board specifically designates will be financed using sources other than appropriated funds.
(c) Expansion project
(1) Authority to construct
(A) In general
(B) Responsibilities of the Board
(C) Limitations
(i) Mission
(ii) Funding
(2) Annual operations and maintenance costs
(A) Estimates
(B) Budget requests
(C) Budget priorities
(3) Acknowledgments
(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.)
§ 76j. Duties of Board
(a) Programs, activities, and goals
(1) In generalThe 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
(B) Preparation of budget
(C) Use of agency personnel
(D) Selection of contractorsIn 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
(F) Maintenance of grounds
(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, § 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.)
§ 76k. Powers of Board
(a) Solicitation and acceptance of gifts
(b) Appointment of officers and employees
(1) Chairperson and Secretary
(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 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; 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) Transfer of property
(d) Transfer of personnel
(1) In general
(2) Rights and benefits
(3) Park Police
(4) Costs
(5) Reorganization authority
(e) Review of Board actions
(f) Collective bargaining
(1) “Theatrical employee” defined
(2) Collective bargaining
(A) In general
For the purposes of the National Labor Relations Act (29 U.S.C. 151 et seq.) and the Labor-Management Relations Act, 1947 (29 U.S.C. 141 et seq.)—
(i) each theatrical employee shall be considered to be an “employee” within the meaning of section 2(3) of the National Labor Relations Act (29 U.S.C. 152(3)); and
(ii) with respect to a theatrical employee, the Board shall be considered to be an “employer” within the meaning of section 2(2) of the National Labor Relations Act (29 U.S.C. 152(2)).
(B) Rights and obligations
(g) Pedestrian and vehicular access
(Pub. L. 85–874, § 5, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88–260, § 1(2), Jan. 23, 1964, 78 Stat. 4; Pub. L. 103–279, § 4, July 21, 1994, 108 Stat. 1413; Pub. L. 105–95, § 3(b), Nov. 19, 1997, 111 Stat. 2149.)
§ 76l. Official seal, Board vacancies and quorum, trustee powers and obligations, reports, support services, and review and audit
(a) Adoption of seal; Board function notwithstanding vacancies; quorum
(b) Powers and obligations of Board in respect of trust funds
(c) Annual report of operations and finances
(d) Inspector General
(e) Property and personnel compensation
(1) In general
(2) Federal tort claims
(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.)
§ 76m. Photovoltaic system
(a) In general
(b) Report
(Pub. L. 85–874, § 7, as added, Pub. L. 110–338, § 3, Oct. 3, 2008, 122 Stat. 3731.)
§ 76n. Repealed. Pub. L. 101–449, § 3, Oct. 22, 1990, 104 Stat. 1050
§ 76o. Borrowing authority to finance parking facilities
(a) Revenue bonds
(b) Interest
(c) Kennedy Center Revenue Bond Sinking Fund
(Pub. L. 85–874, § 9, as added Pub. L. 88–260, § 1(6), Jan. 23, 1964, 78 Stat. 5; amended Pub. L. 91–90, § 1(b), Oct. 17, 1969, 83 Stat. 135; Pub. L. 98–473, title I, § 101(c), Oct. 12, 1984, 98 Stat. 1837, 1876; Pub. L. 101–449, § 4, Oct. 22, 1990, 104 Stat. 1051.)
§ 76p. Acceptance and disposition of gifts to the United States contributed in honor or memory of the late President John F. Kennedy
The Secretary of the Treasury is authorized to accept on behalf of the United States any gift to the United States which the Secretary finds has been contributed in honor of or in memory of the late President John F. Kennedy and to pay the money to such appropriation or other accounts, including the appropriation accounts established pursuant to appropriations authorized by this subchapter, as in the judgment of the Secretary will best effectuate the intent of the donor.
(Pub. L. 85–874, § 10, as added Pub. L. 88–260, § 1(6), Jan. 23, 1964, 78 Stat. 5; amended Pub. L. 103–279, § 6, July 21, 1994, 108 Stat. 1415.)
§ 76q. Sole national memorial to the late John F. Kennedy within the city of Washington and environs
The John F. Kennedy Center for the Performing Arts, designated by this subchapter, shall be the sole national memorial to the late John Fitzgerald Kennedy within the city of Washington and its environs.
(Pub. L. 85–874, § 11, as added Pub. L. 88–260, § 1(6), Jan. 23, 1964, 78 Stat. 5.)
§ 76q–1. John F. Kennedy Center Plaza
(a) Definitions
In this section, the following definitions apply:
(1) Air rights
(2) Center
(3) Green spaces
(4) Plaza
(5) Project
(6) Secretary
(7) TEA–21 report
(b) Responsibilities of the Secretary
(1) In general
(2) Planning, design, engineering, and construction
(3) Agreements with the Board and other agencies
(4) Consultation with the Board
(5) Contracts
(6) Project Team
(A) Establishment
(B) Membership
The Project Team shall be composed of the following members:
(i) The Secretary (or the Secretary’s designee).
(ii) The Administrator of General Services (or the Administrator’s designee).
(iii) The Chairman of the Board (or the Chairman’s designee).
(iv) Such other individuals as the Project Team considers appropriate.
(C) Project Director
(c) Responsibilities of the Board
(1) In general
(2) Receipt of transfers of air rights
(3) Construction of buildings
(4) Acknowledgment of contributions
(A) In general
(B) Applicability of other requirements
(5) Approval by Project Team
(d) Responsibilities of the District of Columbia
(1) Modification of highway system
(2) Conveyances
(A) Authority
(B) Conveyance to the Board
(3) Agreements with the Board
(e) Ownership
(1) Roadways and sidewalks
(2) Maintenance of green spaces
(3) Buildings and green spaces on the Plaza
(f) National highway boundaries
(1) Realignment of boundaries
(2) Access to Center from I–66
(g) GAO review
(Pub. L. 85–874, § 12, as added Pub. L. 107–224, § 2(2), Sept. 18, 2002, 116 Stat. 1340; amended Pub. L. 108–410, § 3, Oct. 30, 2004, 118 Stat. 2303.)
§ 76r. Authorization of appropriations
(a) Maintenance, repair, and security
There are authorized to be appropriated to the Board to carry out section 76j(a)(1)(H) of this title—
(1) $25,690,000 for fiscal year 2020;
(2) $27,000,000 for fiscal year 2021;
(3) $28,000,000 for fiscal year 2022;
(4) $29,000,000 for fiscal year 2023; and
(5) $30,000,000 for fiscal year 2024.
(b) Capital projects
There are authorized to be appropriated to the Board to carry out subparagraphs (F) and (G) of section 76j(a)(1) of this title—
(1) $17,800,000 for fiscal year 2020;
(2) $18,000,000 for fiscal year 2021;
(3) $19,000,000 for fiscal year 2022;
(4) $20,000,000 for fiscal year 2023; and
(5) $21,000,000 for fiscal year 2024.
(c) John F. Kennedy Center Plaza
(d) Photovoltaic system
(e) Limitation on use of funds
(Pub. L. 85–874, § 13, formerly § 12, as added Pub. L. 103–279, § 7, July 21, 1994, 108 Stat. 1415; amended Pub. L. 105–226, § 5, Aug. 12, 1998, 112 Stat. 1513; renumbered § 13 and amended Pub. L. 107–224, §§ 2(1), 3, Sept. 18, 2002, 116 Stat. 1340, 1342; Pub. L. 108–410, § 2, Oct. 30, 2004, 118 Stat. 2303; Pub. L. 109–306, § 1, Oct. 6, 2006, 120 Stat. 1720; Pub. L. 110–338, § 4, Oct. 3, 2008, 122 Stat. 3731; Pub. L. 112–131, § 3, June 8, 2012, 126 Stat. 378; Pub. L. 114–113, div. G, title IV, § 427, Dec. 18, 2015, 129 Stat. 2583; Pub. L. 115–31, div. G, title IV, § 429, May 5, 2017, 131 Stat. 501; Pub. L. 115–141, div. G, title IV, § 426, Mar. 23, 2018, 132 Stat. 693; Pub. L. 116–6, div. E, title IV, § 425, Feb. 15, 2019, 133 Stat. 264; Pub. L. 116–94, div. D, title IV, § 423, div. P, title VI, § 602, Dec. 20, 2019, 133 Stat. 2748, 3194.)
§ 76s. Definitions
As used in this subchapter, the terms “building and site of the John F. Kennedy Center for the Performing Arts” and “grounds of the John F. Kennedy Center for the Performing Arts” refer to the site in the District of Columbia on which the John F. Kennedy Center building is constructed and that extends to the line of the west face of the west retaining walls and curbs of the Inner Loop Freeway on the east, the north face of the north retaining walls and curbs of the Theodore Roosevelt Bridge approaches on the south, the east face of the east retaining walls and curbs of Rock Creek Parkway on the west, and the south curbs of New Hampshire Avenue and F Street on the north, as generally depicted on the map entitled “Transfer of John F. Kennedy Center for the Performing Arts”, numbered 844/82563, and dated April 20, 1994 (as amended by the map entitled “Transfer of John F. Kennedy Center for the Performing Arts”, numbered 844/82563A and dated May 22, 1997), which shall be on file and available for public inspection in the office of the National Capital Region, National Park Service, Department of the Interior. Upon completion of the project for establishment of the John F. Kennedy Center Plaza authorized by section 76q–1 of this title, the Board, in consultation with the Secretary of Transportation, shall amend the map that is on file and available for public inspection under the preceding sentence.
(Pub. L. 85–874, § 14, formerly § 13, as added Pub. L. 103–279, § 8, July 21, 1994, 108 Stat. 1416; amended Pub. L. 105–95, § 4, Nov. 19, 1997, 111 Stat. 2149; renumbered § 14 and amended Pub. L. 107–224, §§ 2(1), 4(b), Sept. 18, 2002, 116 Stat. 1340, 1343.)