Clean Up City of St. Augustine, Florida: Read Full Text of John F. Kennedy Center Act, Public Law 85-874, as amended

DJT's board appointees purport to have renamed the John F. Kennedy Center as the TRUMP-KENNEDY CENTER. This is illegal, ultra vires and a stench in the nostrils of our Nation. Official opening was on September 8, 1971 (Feast of St. Augustine). Nothing in the John F. Kennedy Center Act (PL 85-875) or later laws allows its Board of Directors to rename the JFK Center.

JOHN F. KENNEDY CENTER ACT

[Public Law 85-874]

[As Amended Through P.L. 117–286, Enacted December 27, 2022]

øCurrency: This publication is a compilation of the text of Public Law 85-874. It was

last amended by the public law listed in the As Amended Through note above and

below at the bottom of each page of the pdf version and reflects current law

through the date of the enactment of the public law listed at https://

www.govinfo.gov/app/collection/comps/¿

øNote: While this publication does not represent an official version of any Federal

statute, substantial efforts have been made to ensure the accuracy of its contents.

The official version of Federal law is found in the United States Statutes at Large

and in the United States Code. The legal effect to be given to the Statutes at

Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿

AN ACT To provide for a John F. Kennedy Center for the Performing Arts which

will be constructed, with funds raised by voluntary contributions, on a site made

available in the District of Columbia.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

SECTION 1. ø20 U.S.C. 76h note¿ SHORT TITLE AND FINDINGS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘John F. Ken-

nedy Center Act’’.

(b) FINDINGS.—Congress finds that—

(1) the late John Fitzgerald Kennedy served with distinc-

tion as President of the United States and as a Member of the

Senate and the House of Representatives;

(2) by the untimely death of John Fitzgerald Kennedy the

United States and the world have suffered a great loss;

(3) the late John Fitzgerald Kennedy was particularly de-

voted to education and cultural understanding and the ad-

vancement of the performing arts;

(4) it is fitting and proper that a living institution of the

performing arts, designated as the National Center for the Per-

forming Arts, named in the memory and honor of this great

leader, shall serve as the sole national monument to his mem-

ory within the District of Columbia and its environs;

(5) such a living memorial serves all of the people of the

United States by preserving, fostering, and transmitting the

performing arts traditions of the people of the United States

and other countries by producing and presenting music, opera,

theater, dance, and other performing arts; and

(6) such a living memorial should be housed in the John

F. Kennedy Center for the Performing Arts, located in the Dis-

trict of Columbia.

February 2, 2023

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Sec. 2 JOHN F. KENNEDY CENTER ACT

February 2, 2023

SEC. 2. ø20 U.S.C. 76h¿ BOARD OF TRUSTEES.

(a) ESTABLISHMENT.—

(1) IN GENERAL.—There is established in the Smithsonian

Institution a bureau, which shall be directed by a board to be

known as the Trustees of the John F. Kennedy Center for the

Performing Arts (hereafter in this Act referred to as the

‘‘Board’’), whose duty it shall be to maintain and administer

the John F. Kennedy Center for the Performing Arts and site

thereof as the National Center for the Performing Arts, a liv-

ing memorial to John Fitzgerald Kennedy, and to execute such

other functions as are vested in the Board by this Act.

(2) MEMBERSHIP.—The Board shall be composed of—

(A) the Secretary of Health and Human Services;

(B) the Librarian of Congress;

(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 Co-

lumbia;

(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 Rep-

resentatives 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 Sen-

ate; 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 sub-

section (b).

(b) GENERAL TRUSTEES.—The general trustees shall be ap-

pointed 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 be-

fore 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 the

date of enactment of the John F. Kennedy Center Act Amend-

ments of 1994 shall expire as designated at the time of ap-

pointment.

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3 Sec. 3 JOHN F. KENNEDY CENTER ACT

February 2, 2023

visory Committee on the Arts composed of such members as the

President of the United States may designate, to serve at the pleas-

ure of the President. Persons appointed to the Advisory Committee

on the Arts, including officers or employees of the United States,

shall be persons who are recognized for their knowledge of, or expe-

rience or interest in, one or more of the arts in the fields covered

by the John F. Kennedy Center for the Performing Arts. The Presi-

dent shall designate the Chairman of the Advisory Committee on

the Arts. In making such appointments the President shall give

consideration to such recommendations as may from time to time

be submitted to him by leading national organizations in the appro-

priate art fields. The Advisory Committee on the Arts shall advise

and consult with the Board and make recommendations to the

Board regarding existing and prospective cultural activities to be

carried out by the John F. Kennedy Center for the Performing

Arts. The Advisory Committee on the Arts shall assist the Board

in carrying out section 5(a) of this Act. Members of the Advisory

Committee on the Arts shall serve without compensation.

SEC. 3. ø20 U.S.C. 76i¿ JOHN F. KENNEDY CENTER FOR THE PER-

FORMING ARTS.

(a) IN GENERAL.—The Board shall construct for the Smithso-

nian Institution, with funds raised by voluntary contributions, a

building to be designated as the 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 Theodore Roosevelt Bridge

approaches on the south, Rock Creek Parkway on the west, New

Hampshire Avenue and F Street on the north, which shall be se-

lected for such purpose by the National Capital Planning Commis-

sion. The National Capital Planning Commission shall acquire by

purchase, condemnation, or otherwise, lands necessary to provide

for the John F. Kennedy Center for the Performing Arts and re-

lated facilities. Such building shall be in accordance with plans and

specifications approved by the Commission of Fine Arts.

(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.—The plan shall be on file and available

for public inspection in the office of the Secretary of the Cen-

ter.

(3) LIMITATION ON USE OF APPROPRIATED FUNDS.—No ap-

propriated 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

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Sec. 3 JOHN F. KENNEDY CENTER ACT

February 2, 2023

the Board specifically designates will be financed using

sources other than appropriated funds; or

ment for an interpretive theater, or to produce an interpre-

tive film, that the Board specifically designates will be fi-

nanced using sources other than appropriated funds.

(1) AUTHORITY TO CONSTRUCT.—

(A) IN GENERAL.—Subject to the requirements of this

subsection, the Board may undertake such activities 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 construction of

the expansion project.

(i) MISSION.—All activities carried out under this

paragraph shall be within the mission of the John F.

Kennedy Center for the Performing Arts to serve as

the national center for the performing arts.

(ii) FUNDING.—The costs of planning, design, engi-

neering, and construction of the expansion project

shall be paid for using nonappropriated funds.

(2) ANNUAL OPERATIONS AND MAINTENANCE COSTS.—

(A) ESTIMATES.—Before awarding a contract for con-

struction of the expansion project, the Board shall estimate

any additional annual operations 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 fis-

cal year thereafter.

determination on whether to proceed with the expansion

project on the ability of the Board to accommodate any ad-

ditional costs identified under subparagraph (A) within the

other budget priorities of the Board.

(3) ACKNOWLEDGMENTS.—The Board may acknowledge pri-

vate contributions 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 ac-

knowledgment of private contributions under this paragraph

shall be consistent with the requirements of section 4(b).

(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 Per-

forming Arts that—

(A) is less than 100,000 square feet;

(B) will improve the existing (as of the date of enact-

ment of this subsection) accessibility and education func-

tions of the Center; and

enactment of this subsection) structure of the Center.

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5 Sec. 4 JOHN F. KENNEDY CENTER ACT

February 2, 2023

SEC. 4. ø20 U.S.C. 76j¿ DUTIES OF THE 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 Cen-

ter 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 origi-

nal and innovative performing arts and educational

programs for children, youth, families, adults, and

educators designed specifically to foster an apprecia-

tion and understanding of the performing arts;

(ii) by developing and maintaining a comprehen-

sive and broad program for national and community

outreach, including establishing model programs for

adaptation by other presenting and educational insti-

tutions; and

(iii) by conducting joint initiatives with the na-

tional education and outreach programs of the Very

Special Arts, an entity affiliated with the John F. Ken-

nedy 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;

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. Ken-

nedy Center for the Performing Arts in existence on the

date of enactment of the John F. Kennedy Center Act

Amendments of 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, improve-

ment, 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 equip-

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Sec. 4 JOHN F. KENNEDY CENTER ACT

February 2, 2023

ment 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 Act. 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 pre-

pare a budget pursuant to sections 1104, 1105(a), and

1513(b) of title 31, United States Code.

lize or employ the services of the personnel of any agency

or instrumentality of the Federal Government or the Dis-

trict of Columbia, with the consent of the agency or the in-

strumentality concerned, on a reimbursable basis, and uti-

lize voluntary and uncompensated personnel.

(D) SELECTION OF CONTRACTORS.—In carrying out the

duties of the Board under this Act, the Board may nego-

tiate any contract—

(i) for planning, design, engineering, or construc-

tion of buildings to be erected on the John F. Kennedy

Center Plaza under section 12 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 restora-

tion 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 main-

tain 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 Presi-

dential 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 the date of enactment of the John F. Kennedy

Center Act Amendments of 1994. No change in the man-

agement and operation of the grounds may be made with-

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7 Sec. 5 JOHN F. KENNEDY CENTER ACT

February 2, 2023

out the express approval of Congress and of the Secretary

of the Interior.

(b)(1) Except as provided in paragraph (2) of this subsection,

the Board shall assure that after the date of enactment of this sub-

section, no additional memorials or plaques in the nature of memo-

rials 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 coun-

try;

(B) any plaque on a theater chair or a theater box ac-

knowledging the gift of such chair or box; and

south galleries, the Hall of States, or the Hall of Nations ac-

knowledging a major contribution;

which plaque or inscription is permitted under policies of the Board

in effect on the date of enactment of this subsection.

(3) For purposes of this subsection, testimonials and benefit

performances shall not be construed to be memorials.

SEC. 5. ø20 U.S.C. 76k¿ POWERS OF THE BOARD.

(a) SOLICITATION AND ACCEPTANCE OF GIFTS.—The Board is

authorized to solicit and accept for the John F. Kennedy Center for

the Performing Arts, as a bureau of the Smithsonian Institution,

and to hold and administer gifts, bequests, or devises of money, se-

curities, or other property of whatsoever character for the benefit

of the John F. Kennedy Center for the Performing Arts. Unless oth-

erwise 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 determine 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 ap-

point and fix the compensation and duties of a Chairperson of

the John F. Kennedy Center for the Performing Arts, who shall

serve as the chief executive officer of the Center, and a Sec-

retary of the John F. Kennedy Center for the Performing Arts.

The Chairperson and Secretary shall be well qualified by expe-

rience and training to perform the duties of their respective of-

fices.

(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 back-

ground of the individual, shall be well suited to be respon-

sible for facilities management and services and who may,

without regard to the provisions of title 5, United States

Code, 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 Execu-

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Sec. 5 JOHN F. KENNEDY CENTER ACT

February 2, 2023

tive Schedule under section 5315 of title 5, United States

Code; and

(B) such other officers and employees of the John F.

Kennedy Center for the Performing Arts as may be nec-

essary for the efficient administration of the functions of

the Board.

the property, liabilities, contracts, records, and unexpended bal-

ances of appropriations, authorizations, allocations, and other

funds employed, held, used, arising from, available to, or to be

made available in connection with the functions transferred from

the Secretary of the Interior pursuant to the amendments made by

the John F. Kennedy Center Act Amendments of 1994 shall be

transferred, subject to section 1531 of title 31, United States Code,

to the Board as the Board and the Secretary of the Interior may

determine appropriate. Unexpended funds transferred pursuant to

this subsection shall be used only for the purposes for which, and

subject to the terms under which, the funds were originally author-

ized and appropriated.

(d) TRANSFER OF PERSONNEL.—

(1) IN GENERAL.—Employees of the National Park Service

assigned 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, United States Code. 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 Interior.

(3) PARK POLICE.—All United States Park Police and Park

Police 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 proceeding resulting from the

transfer of functions under this section that are incurred before

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 prohibit the Board from reorganizing func-

tions at the John F. Kennedy Center for the Performing Arts

in accordance with laws governing reorganizations.

(e) REVIEW OF BOARD ACTIONS.—The actions of the Board re-

lating to performing arts and to payments made or directed to be

made by the Board from any trust funds shall not be subject to re-

view by any officer or agency other than a court of law.

(f) COLLECTIVE BARGAINING.—

(1) DEFINITION.—As used in this subsection, the term ‘‘the-

atrical employee’’ means a nonappropriated fund employee of

the Board, who is engaged in a box office, performing, or theat-

rical trade that is the subject of a collective bargaining agree-

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9 Sec. 6 JOHN F. KENNEDY CENTER ACT

ment as of January 1, 1994, including any change in the trade

as a result of a technological advance.

(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 Re-

lations Act (29 U.S.C. 152(2)).

(B) RIGHTS AND OBLIGATIONS.—With respect to each

theatrical employee, the theatrical employee and the Board

shall have all of the rights and obligations specified in

such Acts.

(g) PEDESTRIAN AND VEHICULAR ACCESS.—Subject to approval

of the Secretary of the Interior under section 4(a)(2)(F), the Board

shall develop plans and carry out projects to improve pedestrian

and vehicular access to the John F. Kennedy Center for the Per-

forming Arts.

February 2, 2023

ADMINISTRATION

SEC. 6. ø20 U.S.C. 76l¿ (a) The Board is authorized to adopt

an official seal which shall be judicially noticed and to make such

bylaws, rules, and regulations, as it deems necessary for the ad-

ministration of its functions under this Act, including, among other

matters, bylaws, rules, and regulations relating to the administra-

tion of its trust funds and the organization and procedure of the

Board. The Board may function notwithstanding vacancies and

twelve members of the Board shall constitute a quorum for the

transaction of business.

(b) The Board shall have all the usual powers and obligations

of a trustee in respect of all trust funds administered by it.

to Congress an annual report of the operations of the Board under

this Act, including a detailed statement of all public and private

moneys received and disbursed by it.

(d) INSPECTOR GENERAL.—The functions of the Board funded

by funds appropriated pursuant to section 12 shall be subject to the

requirements for a Federal entity under chapter 4 of title 5, United

States Code. The Inspector General of the Smithsonian Institution

is authorized to carry out the requirements of such chapter on be-

half of the Board, on a reimbursable basis when requested by the

Board.

(e) PROPERTY AND PERSONNEL COMPENSATION.—

(1) IN GENERAL.—The Board may procure insurance

against any loss in connection with the property of the Board

and other assets administered by the Board. Each employee

and volunteer of the Board shall be considered to be a civil em-

ployee of the United States (within the meaning of the term

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Sec. 7 JOHN F. KENNEDY CENTER ACT

February 2, 2023

‘‘employee’’ as defined in section 8101(1) of title 5, United

States Code), except that the Board shall continue to provide

benefits with respect to any disability or death resulting from

a personal injury to a nonappropriated fund employee of the

Board sustained while in the performance of the duties of the

employee for the Board pursuant to the workers compensation

statute of the jurisdiction in which the John F. Kennedy Cen-

ter for the Performing Arts is located. The disability or death

benefits referred to in the preceding sentence, whether under

the workers compensation statute referred to in the preceding

sentence or under chapter 81 of title 5, United States Code,

shall continue to be the exclusive liability of the Board and the

United States with respect to all employees and volunteers of

the Board.

(2) FEDERAL TORT CLAIMS.—For the purposes of chapter

171 of title 28, United States Code, an employee of the Board

shall be considered to be an ‘‘employee of the government’’ and

the Board shall be considered to be a ‘‘Federal agency’’. No em-

ployee of the Board may bring suit against the United States

or the Board under the Federal tort claims procedure of chap-

ter 171 of title 28, United States Code, for disability or death

resulting from personal injury sustained while in the perform-

ance of the duties of the employee for the Board.

SEC. 7. ø20 U.S.C.76m¿ PHOTOVOLTAIC SYSTEM.

(a) IN GENERAL.—The Board may study, plan, design, engineer,

and construct a photovoltaic system for the main roof of the John

F. Kennedy Center for the Performing Arts.

(b) REPORT.—Not later than 60 days before beginning construc-

tion of the photovoltaic system pursuant to subsection (a), the

Board shall submit to the Committee on Transportation and Infra-

structure of the House of Representatives and the Committee on

Environment and Public Works of the Senate a report on the feasi-

bility and design of the project.

øSection 8 repealed by P.L. 101–449¿

BORROWING AUTHORITY

SEC. 9. ø20 U.S.C.76o¿ (a) To finance necessary parking facili-

ties for the Center, the Board may issue revenue bonds to the Sec-

retary of the Treasury payable from revenues accruing to the

Board. The total face value of all bonds so issued shall not be

greater than $20,400,000. Such obligations shall have maturities

agreed upon by the Board and the Secretary of the Treasury but

not in excess of fifty years. Such obligations may be redeemable at

the option of the Board before maturity in such manner as may be

stipulated in such obligations, but the obligations thus redeemed

shall not be refinanced by the Board. The Secretary of the Treasury

is authorized and directed to purchase any obligations of the Board

to be issued under this section and for such purpose the Secretary

of the Treasury is authorized to use as a public debt transaction

the proceeds from the sale of any securities issued under chapter

31 of title 31, United States Code, and the purposes for which secu-

rities may be issued under chapter 31 of title 31, United States

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11 Sec. 12 JOHN F. KENNEDY CENTER ACT

Code, are extended to include any purchases of the Board’s obliga-

tions under this section.

(b) Effect as of the date of enactment of this subsection the ob-

ligations of the Board incurred under subsection (a) of this section

shall bear no interest, and the requirement of the Board to pay the

unpaid interest which has accrued on such obligations is termi-

nated.

States a sinking fund, the Kennedy Center Revenue Bond Sinking

Fund (hereinafter referred to as the ‘‘Fund’’, which shall be used

to retire the obligations of the Board incurred under subsection (a)

of this section upon the respective maturities of such obligations.

The Board shall pay into the Fund, beginning on January 1, 1987 and ending on January 1, 2016, the annual sum of $200,000 in am-

ortization of the principal amount of the obligations. Such sums

shall be invested by the Secretary of the Treasury in public debt

securities with maturities suitable for the needs of the Fund and

bearing interest at rates determined by the Secretary of the Treas-

ury, taking into consideration the current average market yield on

outstanding marketable obligations of the United States of com-

parable maturities. The interest on such investments shall be cred-

ited to and form a part of the Fund. Moneys in the Fund shall be

used exclusively to retire the obligations of the Board incurred

under subsection (a) of this section. Adjustments of not greater

than plus or minus 5 per centum may be made from time to time

in the annual payments to the Fund in order to correct any gains

or deficiencies as a result of fluctuations in interest rates over the

life of the investments: Provided, however, That a final adjustment

shall be made between the Board and the Secretary of the Treas-

ury at the end of the amortization period to correct any overall

gain or deficiency in the Fund. The terms of this adjustment shall

be covered by a memorandum of understanding between the Board

and the Secretary of the Treasury to be consummated on or before

the time the initial payment into the Fund is made.

GIFTS TO UNITED STATES

SEC. 10. ø20 U.S.C. 76p¿ The Secretary of the Treasury is au-

thorized to accept on behalf of the United States any gift to the

United States which the Secretary finds has been contributed in

honor 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 Act, as in the judgment of the Secretary will

best effectuate the intent of the donor.

NATIONAL MEMORIAL

SEC. 11. ø20 U.S.C. 76q¿ The John F. Kennedy Center for the

Performing Arts, designated by this Act, shall be the sole national

memorial to the late John Fitzgerald Kennedy within the city of

Washington and its environs.

SEC. 12. ø20 U.S.C. 76q–1¿ JOHN F. KENNEDY CENTER PLAZA.

(a) DEFINITIONS.—In this section, the following definitions

apply:

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Sec. 12 JOHN F. KENNEDY CENTER ACT

(1) AIR RIGHTS.—The term ‘‘air rights’’ means real property

interests conveyed by deed, lease, or permit for the use of

space between streets and alleys within the boundaries of the

Project.

(2) CENTER.—The term ‘‘Center’’ means the John F. Ken-

nedy Center for the Performing Arts.

(3) GREEN SPACES.—The term ‘‘green spaces’’ means areas

within the boundaries of the Project or affected by the Project

that are covered by grass, trees, or other vegetation.

(4) PLAZA.—The term ‘‘Plaza’’ means improvements to the

area surrounding the John F. Kennedy Center building carried

out under the Project and comprised of transportation elements

(including roadways, sidewalks, and bicycle lanes) and non-

transportation elements (including landscaping, green space,

open public space, water, sewer, and utility connections).

(5) PROJECT.—The term ‘‘Project’’ means the Plaza project,

as described in the TEA–21 report, providing for construction

of a Plaza adjacent to the Center and for improved bicycle, pe-

destrian, and vehicular access to and around the Center. The

term includes planning, design, engineering, and construction

of the Plaza, buildings to be constructed on the Plaza, and re-

lated transportation improvements and may include any other

elements of the Project identified in the TEA–21 report.

(6) SECRETARY.—The term ‘‘Secretary’’ means the Sec-

retary of Transportation.

(7) TEA–21 REPORT.—The term ‘‘TEA–21 report’’ means

the report of the Secretary submitted to Congress under sec-

tion 1214 of the Transportation Equity Act for the 21st Cen-

tury (20 U.S.C. 76j note; 112 Stat. 204).

(b) RESPONSIBILITIES OF THE SECRETARY.—

(1) IN GENERAL.—The Secretary shall be responsible for

the Project and may undertake such activities as may be nec-

essary to construct the Project, other than buildings to be con-

structed on the Plaza, substantially as described in the TEA–

21 report.

(2) PLANNING, DESIGN, ENGINEERING, AND CONSTRUC-

TION.—The Secretary shall be responsible for the planning, de-

sign, engineering, and construction of the Project, other than

buildings to be constructed on the Plaza.

(3) AGREEMENTS WITH THE BOARD AND OTHER AGENCIES.—

The Secretary shall enter into memoranda of agreement with

the Board and any appropriate Federal or other governmental

agency to facilitate the planning, design, engineering, and con-

struction of the Project.

(4) CONSULTATION WITH THE BOARD.—The Secretary shall

consult with the Board to maximize efficiencies in planning

and executing the Project, including the construction of any

buildings on the Plaza.

(5) CONTRACTS.—Subject to the approval of the Board, the

Secretary may enter into contracts on behalf of the Center re-

lated to the planning, design, engineering, and construction of

the Project.

(6) PROJECT TEAM.—

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13 Sec. 12 JOHN F. KENNEDY CENTER ACT

February 2, 2023

(A) ESTABLISHMENT.—To further construction of the

Project, the Secretary shall establish a Project Team.

(B) MEMBERSHIP.—The Project Team shall be com-

posed 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 Chair-

man’s designee).

(iv) Such other individuals as the Project Team

considers appropriate.

a Project Director who shall be appointed by the Secretary,

in consultation with the Administrator of General Services

and the Chairman of the Board. The Project Director shall

report directly to the Project Team.

(1) IN GENERAL.—The Board, in consultation with the

Project Team, may undertake such activities as may be nec-

essary to construct buildings on the Plaza for the Project.

(2) RECEIPT OF TRANSFERS OF AIR RIGHTS.—The Board may

receive from the District of Columbia such transfers of air

rights as may be necessary for the planning, design, engineer-

ing, and construction of the Project.

(3) CONSTRUCTION OF BUILDINGS.—The Board, in consulta-

tion with the Project Team, may construct, with non-appro-

priated funds, buildings on the Plaza for the Project and shall

be responsible for the planning, design, engineering, and con-

struction of the buildings.

(4) ACKNOWLEDGMENT OF CONTRIBUTIONS.—

(A) IN GENERAL.—The Board may acknowledge private

contributions used in the construction of buildings on the

Plaza for the Project in the interior of the buildings, but

may not acknowledge private contributions on the exterior

of the buildings.

(B) APPLICABILITY OF OTHER REQUIREMENTS.—Any ac-

knowledgment of private contributions under this para-

graph shall be consistent with the requirements of section

4(b).

(5) APPROVAL BY PROJECT TEAM.—Notwithstanding section

5(e), any decision by the Board that will significantly affect, as

determined by the Project Team in consultation with the

Board, the scope, cost, schedule, or engineering feasibility of

any element of the Project, other than buildings to be con-

structed on the Plaza, shall be subject to the approval of the

Project Team.

(d) RESPONSIBILITIES OF THE DISTRICT OF COLUMBIA.—

(1) MODIFICATION OF HIGHWAY SYSTEM.—Notwithstanding

any State or local law, the Mayor of the District of Columbia,

in consultation with the National Capital Planning Commis-

sion and the Secretary, shall have exclusive authority to

amend or modify the permanent system of highways of the Dis-

trict of Columbia as may be necessary to meet the require-

ments and needs of the Project.

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Sec. 13 JOHN F. KENNEDY CENTER ACT

February 2, 2023

(2) CONVEYANCES.—

(A) AUTHORITY.—Notwithstanding any State or local

law, the Mayor of the District of Columbia shall have ex-

clusive authority to convey or dispose of any interests in

real estate (including air rights or air space as that term

is defined by District of Columbia law) owned or controlled

by the District of Columbia, as may be necessary to meet

the requirements and needs of the Project.

(B) CONVEYANCE TO THE BOARD.—Not later than 90

days following the date of receipt of notification from the

Secretary of the requirements and needs of the Project, the

Mayor of the District of Columbia shall convey or dispose

of to the Board without compensation interests in real es-

tate described in subparagraph (A).

(3) AGREEMENTS WITH THE BOARD.—The Mayor of the Dis-

trict of Columbia shall have the authority to enter into memo-

randa of agreement with the Board and any Federal or other

governmental agency to facilitate the planning, design, engi-

neering, and construction of the Project.

(e) OWNERSHIP.—

(1) ROADWAYS AND SIDEWALKS.—Upon completion of the

Project, responsibility for maintenance and oversight of road-

ways and sidewalks modified or improved for the Project shall

remain with the owner of the affected roadways and sidewalks.

(2) MAINTENANCE OF GREEN SPACES.—Subject to paragraph

(3), upon completion of the Project, responsibility for mainte-

nance and oversight of any green spaces modified or improved

for the Project shall remain with the owner of the affected

green spaces.

(3) BUILDINGS AND GREEN SPACES ON THE PLAZA.—Upon

completion of the Project, the Board shall own, operate, and

maintain the buildings and green spaces established on the

Plaza for the Project.

(f) NATIONAL HIGHWAY BOUNDARIES.—

(1) REALIGNMENT OF BOUNDARIES.—The Secretary may re-

align national highways related to proposed changes to the

Northern and Southern Interchanges and the E Street Ap-

proach recommended in the TEA–21 report in order to facili-

tate the flow of traffic in the vicinity of the Center.

(2) ACCESS TO CENTER FROM I–66.—The Secretary may im-

prove direct access and egress between Interstate Route 66 and

the Center, including its garages.

(g) GAO REVIEW.—Until completion of the Project, the Comp-

troller General shall review the management and oversight of con-

struction of the Project by the Board and report periodically on the

results of the review to the Committee on Transportation and In-

frastructure of the House of Representatives and the Committee on

Environment and Public Works of the Senate.

SEC. 13. ø20 U.S.C. 76r¿ AUTHORIZATION OF APPROPRIATIONS.

(a) MAINTENANCE, REPAIR, AND SECURITY.—There are author-

ized to be appropriated to the Board to carry out section

4(a)(1)(H)—

(1) $25,690,000 for fiscal year 2020;

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15 Sec. 14 JOHN F. KENNEDY CENTER ACT

February 2, 2023

(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 appro-

priated to the Board to carry out subparagraphs (F) and (G) of sec-

tion 4(a)(1)—

(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.

be appropriated to the Secretary of Transportation for capital costs

incurred in the planning, design, engineering, and construction of

the project authorized by section 12 (including roadway improve-

ments related to the North and South Interchanges and construc-

tion of the John F. Kennedy Center Plaza, but not including con-

struction of any buildings on the plaza) a total of $400,000,000 for

fiscal years 2003 through 2010. Such sums shall remain available

until expended.

(d) PHOTOVOLTAIC SYSTEM.—There are authorized to be appro-

priated to the Board such sums as are necessary to carry out sec-

tion 7, to remain available until expended.

(e) LIMITATION ON USE OF FUNDS.—No funds appropriated pur-

suant to this section may be used for any direct expense incurred

in the production of a performing arts attraction, for personnel who

are involved in performing arts administration (including any sup-

ply or equipment used by the personnel), or for production, staging,

public relations, marketing, fundraising, ticket sales, or education.

Funds appropriated directly to the Board shall not affect nor di-

minish other Federal funds sought for any performing arts function

and may be used to reimburse the Board for that portion of costs

that are Federal costs reasonably allocated to building services and

theater maintenance and repair.

SEC. 14. ø20 U.S.C. 76s¿ DEFINITIONS.

As used in this Act, 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 Per-

forming Arts’’, numbered 844/82563A and dated May 22, 1997),

which shall be on file and available for public inspection in the of-

fice of the National Capital Region, National Park Service, Depart-

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Sec. 14 JOHN F. KENNEDY CENTER ACT

ment of the Interior. Upon completion of the project for establish-

ment of the John F. Kennedy Center Plaza authorized by section

12, the Board, in consultation with the Secretary of Transportation,

shall amend the map that is on file and available for public inspec-

tion under the preceding sentence.

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