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20 U.S.C. § 76jDuties of Board

submitted 68 years ago by Pub. L. 85-874 to r/title-20-EDUCATION · 954 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lists the Kennedy Center Board's core duties: presenting performing arts, running national arts-education and outreach programs, maintaining the building and grounds, and keeping the Center accessible. It also spells out administrative powers like contracting and budgeting, and bars new memorials or plaques inside the Center after 1983, with narrow exceptions for foreign-country plaques, seat/box donor plaques, and existing wall inscriptions.

(a) Programs, activities, and goals: (1) In general, the Board must: (A) present classical and contemporary music, opera, drama, dance, and other performing arts from the U.S. and other countries; (B) promote and maintain the Center as the National Center for the Performing Arts by (i) leading national performing-arts education policy and programs for children, youth, families, adults, and educators, (ii) running a broad national and community outreach program, including model programs other institutions can adopt, and (iii) partnering with Very Special Arts, an affiliated group with programs for disabled individuals in the arts; (C) work to ensure its education and outreach programs meet the highest standards and reflect the country's cultural diversity; (D) provide facilities for other civic activities; (E) provide a fitting memorial to President Kennedy within the Center; (F) develop and annually update a comprehensive plan for the building's needs as they existed on July 21, 1994; (G) plan, design, and build whatever capital repairs, replacements, improvements, or changes are needed to keep the building and site at current standards of life, safety, security, and accessibility; (H) provide information and interpretation, plus all necessary maintenance, repair, alteration, janitorial, security, and other services and equipment for the building and site, done to a high-quality standard; and (I) ensure safe, convenient access to the site for both pedestrians and vehicles. (2) Administrative powers and duties: (A) The Board may enter contracts and make payments to public agencies, private organizations, or other private parties to carry out its functions, including using the services and facilities of other agencies like the Department of the Interior, the General Services Administration, and the Smithsonian. (B) The Board must prepare a budget under specific sections of title 31. (C) The Board may use federal or D.C. government personnel, with that agency's consent, on a reimbursable basis, and may use volunteer, unpaid personnel. (D) The Board may negotiate contracts for planning, design, engineering, or construction of buildings on the Kennedy Center Plaza (under section 76q–1), landscaping and Plaza improvements, or environmental/protection systems and repairs, choosing contractors based on qualifications as well as price. (E) The Board must maintain the Hall of Nations, Hall of States, and Grand Foyer in a manner fitting a national performing-arts center that also serves as a presidential memorial. (F) The Board must manage the grounds consistent with National Park Service rules and agreements in effect on July 21, 1994, and cannot change how the grounds are managed without Congress's and the Secretary of the Interior's approval. (b) Restriction on additional memorials: (1) Except as (2) allows, after December 2, 1983, the Board must ensure no new memorials or memorial-style plaques are added to the Center's public areas. (2) That restriction doesn't apply to: (A) a plaque acknowledging a gift from a foreign country; (B) a plaque on a donated theater chair or box; or (C) an inscription on the marble walls in the north or south galleries, Hall of States, or Hall of Nations acknowledging a major contribution — as long as the plaque or inscription follows Board policies in effect on December 2, 1983. (3) Testimonials and benefit performances do not count as "memorials" for this rule.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-874 · 72 Stat. 1699
  • 1964Amended · Pub. L. 88-260 · 78 Stat. 4
  • 1983Amended · Pub. L. 98-205 · 97 Stat. 1388
  • 1994Amended · Pub. L. 103-279 · 108 Stat. 1411
  • 1997Amended · Pub. L. 105-95 · 111 Stat. 2149
  • 1998Amended · Pub. L. 105-226 · 112 Stat. 1513
  • 2002Amended · Pub. L. 107-224 · 116 Stat. 1343

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-874 on 1958-09-02.

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