The John F. Kennedy Center for the Performing Arts stands as a living testament to President Kennedy’s dedication to the arts and American culture. Officially designated as the National Center for the Performing Arts, this iconic institution in Washington, D.C., is more than just a venue; it’s a vibrant hub for artistic expression, education, and civic engagement. Established as a bureau within the Smithsonian Institution, the Kennedy Center operates under a unique framework defined by law, ensuring its mission to preserve, foster, and celebrate the performing arts for all Americans.
I. The Foundation: Establishing the John F. Kennedy Center
1. A National Center is Born
The John F. Kennedy Center for the Performing Arts was officially established within the Smithsonian Institution through an act of Congress. This act not only created the Center but also laid the groundwork for its governance and enduring purpose. It was conceived as a “bureau” within the Smithsonian, signifying a close relationship with this esteemed national institution while allowing for a degree of operational autonomy.
The driving force behind the Kennedy Center is its Board of Trustees, a body established 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 living memorial to John Fitzgerald Kennedy.” This dual mission—honoring President Kennedy and serving as the nation’s performing arts center—is enshrined in the Center’s very foundation.
2. Composition of the Board of Trustees
The Board of Trustees is not just any governing body; it’s a diverse and influential assembly reflecting the Center’s national significance and connection to various facets of American life. Its membership is meticulously defined by law and includes a blend of ex-officio and general trustees.
(A) Ex-officio Members: Pillars of National Institutions
The ex-officio members bring to the Board the weight and expertise of key federal and District of Columbia entities:
- The Secretary of Health and Human Services: Representing the nation’s commitment to health and well-being, and potentially the connection between arts and wellness.
- The Librarian of Congress: Embodying the nation’s vast repository of knowledge and cultural heritage, linking the performing arts to broader intellectual pursuits.
- The Secretary of State: Signifying the role of arts in diplomacy and international cultural exchange.
- The Chairman of the Commission of Fine Arts: Ensuring aesthetic and design excellence in the Center’s physical presence and operations.
- The Mayor of the District of Columbia: Representing the local community where the Center resides, fostering town-gown relations.
- The Superintendent of Schools of the District of Columbia: Highlighting the Center’s educational mission and its impact on local youth.
- The Director of the National Park Service: Acknowledging the Center’s location on federal land and its status as a national monument.
- The Secretary of Education: Reinforcing the Center’s dedication to arts education at a national level.
- The Secretary of the Smithsonian Institution: Solidifying the institutional link and ensuring alignment with the Smithsonian’s broader mission.
(B) Congressional Representation: Bridging the Legislative Branch
Recognizing the Kennedy Center’s national importance, Congress itself has a significant presence on the Board:
- House of Representatives: The Speaker and Minority Leader, along with the Chairman and Ranking Minority Member of the Committee on Transportation and Infrastructure (formerly Public Works and Transportation), and three additional Members appointed by the Speaker. This ensures bipartisan Congressional oversight and support.
- Senate: The Majority Leader and Minority Leader, the Chairman and Ranking Minority Member of the Committee on Environment and Public Works, and three additional Senators appointed by the President of the Senate. Similar to the House representation, this provides Senate input and bipartisan engagement.
(C) General Trustees: Citizen Stewards of the Arts
Beyond government officials and legislators, the Board includes thirty-six general trustees. These individuals, who must be citizens of the United States, are appointed by the President of the United States. They represent the broader public and bring diverse expertise and perspectives from the arts, business, and philanthropic sectors.
General trustees serve staggered six-year terms, ensuring continuity and a mix of experienced and new members. This structure fosters a balance of institutional memory and fresh ideas, crucial for the long-term vitality of the Kennedy Center.
3. The Advisory Committee on the Arts: Guiding Cultural Vision
To further enrich the Center’s artistic direction, an Advisory Committee on the Arts was established. Members are designated by the President and serve at the President’s pleasure. This committee is composed of individuals “recognized for their knowledge of, or experience or interest in, one or more of the arts in the fields covered by the John F. Kennedy Center for the Performing Arts.”
The Advisory Committee plays a crucial role in advising and consulting with the Board, making recommendations on existing and future cultural activities. It acts as a sounding board and idea incubator, ensuring the Center remains at the forefront of the performing arts landscape. The President also designates the Chairman of this committee, further emphasizing its importance.
II. Building the Dream: Construction and Expansion
1. A Site Chosen, A Center Built
The vision for the John F. Kennedy Center included not just a concept but a physical home. The law mandated the construction of a building, designated as the John F. Kennedy Center for the Performing Arts, on a specific site in the District of Columbia. The site, bounded by significant roadways and Rock Creek Parkway, was carefully selected by the National Capital Planning Commission.
The National Capital Planning Commission was also tasked with acquiring the necessary land for the Center and related facilities, demonstrating the commitment to making this project a reality. Crucially, the building’s design and specifications required the approval of the Commission of Fine Arts, ensuring architectural excellence and aesthetic harmony within the nation’s capital.
Funding for the initial construction was to be raised “by voluntary contributions,” underscoring the public-private partnership inherent in the Center’s creation.
2. Evolving to Meet Modern Needs: Parking and Site Improvements
Over time, the Kennedy Center has adapted to evolving needs. Recognizing the importance of accessibility and visitor experience, the Board was authorized to design and construct additions to the parking garages at both the north and south ends of the Center. These expansions, along with site improvements and modifications, were guided by a “Site Master Plan,” ensuring a cohesive and thoughtful approach to development.
A key aspect of these improvements was the stipulation that “no appropriated funds may be used to pay the costs” of these parking garage additions and certain site modifications. This reinforced the principle of leveraging non-appropriated funds for specific enhancements, maintaining fiscal responsibility.
3. Expanding the Mission: The Expansion Project
In recent years, the Kennedy Center has embarked on an “expansion project” to further enhance its accessibility and educational functions. This project, focused on an addition to the south end of the building, is designed to be less than 100,000 square feet and become an integral part of the existing structure.
The expansion project is explicitly tied to the Kennedy Center’s core mission “to serve as the national center for the performing arts.” Like previous improvements, it is mandated to be funded by “nonappropriated funds,” highlighting a continued commitment to responsible financial stewardship.
Before proceeding with construction, the Board is required to estimate any additional annual operations and maintenance costs associated with the expansion and incorporate these into future budget requests. This ensures long-term financial sustainability and informed decision-making.
Acknowledging private contributions is permitted within the interior of the expansion project, but not on the exterior, maintaining the Center’s dignified public facade while recognizing donor support.
III. The Heart of the Mission: Duties and Programs
1. Presenting the Performing Arts: A Diverse and National Stage
The core duty of the Board is to “present classical and contemporary music, opera, drama, dance, and other performing arts from the United States and other countries.” This broad mandate establishes the Kennedy Center as a truly national and international stage, showcasing the breadth and depth of human artistic expression.
The Center’s programming is not limited by genre or origin, embracing both established masterpieces and innovative contemporary works. This commitment to diversity ensures that the Kennedy Center remains relevant and engaging for a wide range of audiences.
2. Education and Outreach: Nurturing Future Generations
Beyond performances, the Kennedy Center is charged with promoting and maintaining itself “as the National Center for the Performing Arts” through robust education and outreach programs. This includes:
(A) National Leadership in Arts Education: Developing and maintaining a leadership role in national performing arts education policy and programs. This positions the Kennedy Center as a thought leader and advocate for arts education across the country.
(B) Original and Innovative Educational Programs: Creating and presenting original and innovative performing arts and educational programs for diverse audiences—children, youth, families, adults, and educators. These programs are specifically designed to foster an appreciation and understanding of the performing arts, going beyond passive observation to active engagement.
(C) National and Community Outreach: Developing and maintaining a comprehensive and broad program for national and community outreach. This includes establishing model programs that can be adapted and implemented by other presenting and educational institutions nationwide, extending the Kennedy Center’s impact far beyond its physical location.
(D) Joint Initiatives with Very Special Arts: Collaborating with Very Special Arts (VSA), an affiliate organization, to conduct joint initiatives. VSA has a proven track record in developing model arts programs for individuals with disabilities, ensuring inclusivity and access within the performing arts.
3. Reflecting Cultural Diversity and Excellence
The Kennedy Center is mandated to “strive to ensure that the education and outreach programs and policies…meet the highest level of excellence and reflect the cultural diversity of the United States.” This commitment to both quality and representation is paramount. The Center’s programs are expected to not only be artistically excellent but also to authentically reflect the rich tapestry of American culture and heritage.
4. Civic Engagement and Memorialization
The Kennedy Center’s role extends beyond artistic presentation and education. It is also tasked with:
(A) Providing Facilities for Civic Activities: Making its facilities available for other civic activities, reinforcing its role as a public space and community asset.
(B) Maintaining a Memorial to President Kennedy: Providing “within the John F. Kennedy Center for the Performing Arts a suitable memorial in honor of the late President.” This physical memorial serves as a constant reminder of the Center’s namesake and his vision.
5. Maintaining and Improving the Center: A Living Monument
Recognizing the Kennedy Center as a national treasure, the Board has specific duties related to its upkeep and enhancement:
(A) Building Needs Plan: Developing and annually updating a comprehensive building needs plan for the Center’s existing features. This proactive approach ensures that the Center remains in excellent condition for generations to come.
(B) Capital Repair and Improvement: Planning, designing, and constructing “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.” This encompasses a wide range of projects, from routine maintenance to major upgrades, ensuring the Center remains modern, safe, and accessible to all.
(C) Information, Interpretation, and Operations: Providing information and interpretation for visitors, as well as “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.” This comprehensive operational mandate ensures a seamless and high-quality visitor experience.
(D) Safe and Convenient Access: Ensuring that “safe and convenient access to the site of the John F. Kennedy Center for the Performing Arts is provided for pedestrians and vehicles.” This acknowledges the importance of accessibility and visitor convenience, encompassing transportation planning and infrastructure.
6. Administrative Powers: Enabling the Mission
To effectively carry out its duties, the Board is granted specific administrative powers:
(A) Contracting Authority: Entering into contracts and arrangements with public agencies, private organizations, and individuals. This allows the Board to leverage external expertise and resources to achieve its goals. This authority explicitly includes utilizing the services and facilities of other federal agencies like the Department of the Interior, General Services Administration, and the Smithsonian Institution itself, fostering inter-agency collaboration.
(B) Budget Preparation: Preparing a budget in accordance with federal budget regulations. This ensures financial accountability and transparency.
(C) Personnel Utilization: Utilizing or employing personnel from other federal agencies or the District of Columbia (on a reimbursable basis) and utilizing voluntary and uncompensated personnel. This allows for flexibility in staffing and leveraging volunteer support.
(D) Contractor Selection: Negotiating contracts for specific types of projects (environmental systems, protection systems, repairs, maintenance, restoration, and projects on the Kennedy Center Plaza) with selected contractors based on qualifications as well as price. This allows for a more tailored and quality-focused approach to specialized projects.
(E) Hall and Grounds Maintenance: Maintaining the Hall of Nations, Hall of States, and Grand Foyer “in a manner that is suitable to a national performing arts center that is operated as a Presidential memorial.” The grounds are to be managed and operated “in a manner consistent with National Park Service regulations and agreements” in effect in 1994, with any changes requiring Congressional and Secretary of the Interior approval, highlighting the sensitivity surrounding these spaces.
7. Restriction on Additional Memorials: Preserving Focus
To maintain the Kennedy Center’s identity as a memorial to President Kennedy and prevent clutter, there is a restriction on additional memorials. After December 2, 1983, “no additional memorials or plaques in the nature of memorials shall be designated or installed in the public areas.”
Exceptions are made for plaques acknowledging gifts from foreign countries, plaques on theater chairs or boxes acknowledging donations, and inscriptions on marble walls acknowledging major contributions, provided these were permitted under Board policies in effect in 1983. Testimonials and benefit performances are explicitly excluded from being considered memorials, allowing for ongoing fundraising and recognition activities.
IV. Powers and Governance: Ensuring Effective Operation
1. Fundraising and Financial Management
The Board is empowered to “solicit and accept…gifts, bequests, or devises of money, securities, or other property…for the benefit of the John F. Kennedy Center for the Performing Arts.” This fundraising authority is crucial for supplementing public funding and supporting the Center’s diverse programs.
The Board is also granted broad authority to manage these funds, including the power to “sell or exchange and to invest or reinvest” donated assets, unless otherwise restricted by the terms of the gift. Income generated from these funds is subject to expenditure by the Board, providing a flexible revenue stream.
2. Executive Leadership and Staffing
The Board appoints key leadership positions:
(A) Chairperson: Appointed by the Board, the Chairperson serves as the chief executive officer of the Kennedy Center, responsible for its overall direction and management.
(B) Secretary: Also appointed by the Board, the Secretary supports the Board’s functions and ensures proper record-keeping and administrative processes.
(C) Senior Level Executive: The Chairperson may appoint a senior-level executive responsible for facilities management and services, recognizing the operational complexity of the Center. This position can be filled without standard civil service provisions, allowing for specialized expertise, although compensation is capped at Executive Schedule Level IV.
(D) Other Officers and Employees: The Chairperson has the authority to appoint other necessary officers and employees for the efficient administration of the Board’s functions, allowing for a flexible and responsive organizational structure.
3. Transfer of Functions and Personnel
In 1994, amendments to the Kennedy Center Act led to a significant transfer of functions from the Secretary of the Interior to the Board, particularly concerning the maintenance and operation of the building and site. This transfer aimed to streamline management and place greater operational control directly with the Kennedy Center’s Board.
This transfer included not just responsibilities but also “property, liabilities, contracts, records, and unexpended balances of appropriations” related to these functions. Employees of the National Park Service who were performing these transferred duties were also moved to the Board, ensuring continuity of operations and expertise. Transferred employees retained their federal competitive service status and benefits, with provisions for priority consideration for positions within the Department of the Interior for a period after the transfer. Notably, United States Park Police assigned to the Kennedy Center remained employees of the National Park Service, maintaining security arrangements.
The Board retains the authority to reorganize functions within the Kennedy Center, allowing for ongoing efficiency improvements.
4. Limited Review of Board Actions: Artistic and Financial Autonomy
To safeguard the artistic integrity and financial independence of the Kennedy Center, the law specifies that “the actions of the Board relating to performing 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.” This provision grants the Board significant autonomy in its artistic and financial decisions, protecting it from undue interference from other government entities.
5. Collective Bargaining: Protecting Theatrical Employees
Recognizing the unique nature of employment in the performing arts, the Kennedy Center Act addresses collective bargaining for “theatrical employees”—non-appropriated fund employees engaged in box office, performing, or theatrical trades covered by collective bargaining agreements as of January 1, 1994.
These theatrical employees are explicitly considered “employees” and the Board as “employer” under the National Labor Relations Act and the Labor-Management Relations Act, 1947, ensuring their rights to organize and bargain collectively.
6. Improving Access: Pedestrian and Vehicular Enhancements
Reflecting a commitment to visitor experience, the Board is directed to “develop plans and carry out projects to improve pedestrian and vehicular access to the John F. Kennedy Center for the Performing Arts,” subject to approval by the Secretary of the Interior regarding the grounds. This recognizes the ongoing need to enhance accessibility and traffic flow around the Center.
V. Operational Framework: Seal, Reporting, and Accountability
1. Official Seal and Governance Rules
The Board is authorized to adopt an official seal, a symbol of its authority and identity. It is also empowered to “make such bylaws, rules, and regulations, as it deems necessary for the administration of its functions,” including rules for trust funds, organization, and procedures. This self-governance capability allows the Board to adapt its operations to best meet its mission.
The Board can function even with vacancies, and twelve members constitute a quorum for conducting business, ensuring operational continuity.
2. Trustee Responsibilities and Annual Reporting
The Board is legally bound to fulfill “all the usual powers and obligations of a trustee in respect of all trust funds administered by it.” This underscores the fiduciary responsibility of the Board in managing donated funds.
Transparency and accountability are ensured through the requirement for the Board to submit an annual report to the Smithsonian Institution and to Congress. This report details the Board’s operations, including a “detailed statement of all public and private moneys received and disbursed,” providing oversight and public information.
3. Inspector General Oversight and Financial Audits
The functions of the Board funded by appropriated funds are subject to the Inspector General Act of 1978, bringing them under federal oversight for financial accountability. The Inspector General of the Smithsonian Institution is authorized to carry out these responsibilities on behalf of the Board, on a reimbursable basis when requested.
4. Property Insurance and Employee Protections
The Board is authorized to procure insurance against losses related to its property and assets. Employees and volunteers are considered “civil employees of the United States” for the purposes of workers’ compensation, ensuring protections in case of injury. However, the Board retains exclusive liability for disability or death benefits for non-appropriated fund employees, whether under local workers’ compensation statutes or federal law.
For the purposes of the Federal Tort Claims Act, Board employees are considered “employees of the government,” and the Board is considered a “Federal agency,” further integrating the Center within the federal legal framework. However, employees are restricted from suing the United States or the Board under the Federal Tort Claims Act for work-related injuries, reinforcing the workers’ compensation system as the primary remedy.
VI. Looking to the Future: Sustainability and Legacy
1. Photovoltaic System: Embracing Sustainability
Reflecting a modern commitment to environmental responsibility, the Board is authorized to study, plan, design, engineer, and construct a photovoltaic system for the main roof of the Kennedy Center. This initiative underscores the Center’s forward-thinking approach and its desire to operate sustainably. A report on the feasibility and design of the project is required to be submitted to relevant Congressional committees before construction begins, ensuring transparency and oversight.
2. Kennedy Center Plaza: Enhancing the Visitor Experience
The John F. Kennedy Center Plaza project, authorized by law, aims to significantly improve bicycle, pedestrian, and vehicular access to and around the Center, as well as create a welcoming plaza space. The Secretary of Transportation is responsible for this project, in consultation with the Board and other agencies. This large-scale infrastructure project demonstrates a commitment to enhancing the visitor experience and integrating the Kennedy Center more seamlessly into the urban fabric of Washington, D.C.
The District of Columbia plays a crucial role in this project, with the Mayor having exclusive authority to modify the highway system and convey real estate interests (including air rights) to facilitate the Plaza’s construction. Upon completion, roadways and sidewalks remain the responsibility of their original owners, while the Board owns, operates, and maintains buildings and green spaces within the Plaza.
The Comptroller General is tasked with reviewing the management and oversight of the Plaza project, ensuring accountability in this significant undertaking.
3. Authorization of Appropriations: Sustaining National Investment
The John F. Kennedy Center for the Performing Arts receives ongoing federal appropriations to support its mission. These appropriations are specifically authorized for:
(A) Maintenance, Repair, and Security: Annual funding is authorized to ensure the continued upkeep, safety, and operational excellence of the Center.
(B) Capital Projects: Funding is also authorized for capital repair, replacement, improvement, rehabilitation, alteration, or modification projects, ensuring the long-term preservation and modernization of the facility.
(C) John F. Kennedy Center Plaza: Significant funding was authorized for the Plaza project, recognizing its importance for improving access and visitor experience.
(D) Photovoltaic System: Appropriations are authorized for the photovoltaic system project, supporting the Center’s sustainability initiatives.
Importantly, the law clarifies that appropriated funds are not to be used for direct expenses related to performing arts productions, personnel involved in arts administration, or activities like marketing, fundraising, or education. These funds are specifically targeted for building services, theater maintenance, and repair, ensuring the infrastructure that supports the performing arts is well-maintained.
4. The Sole National Memorial: A Lasting Legacy
The John F. Kennedy Center for the Performing Arts is legally designated as “the sole national memorial to the late John Fitzgerald Kennedy within the city of Washington and its environs.” This designation underscores its unique status and enduring purpose. It serves not only as a vibrant center for the performing arts but also as a living tribute to a President who championed culture and its vital role in American society.
Conclusion: A Continuing Cultural Legacy
The John F. Kennedy Center for the Performing Arts, as defined by its legal framework, is a dynamic institution with a multifaceted mission. It is a national stage for the performing arts, a center for education and outreach, a civic space, and a living memorial to President Kennedy. Its governance structure, powers, and duties are carefully outlined in law, ensuring its enduring relevance and its ability to serve as a beacon of American culture for generations to come. From its foundational statutes to its modern expansions and sustainability initiatives, the Kennedy Center remains a vital and evolving testament to the power of the arts and the enduring legacy of John F. Kennedy.
To experience the John F. Kennedy Center for the Performing Arts firsthand, explore upcoming performances, educational programs, and visitor information on the official Kennedy Center website.
References:
- 20 USC CHAPTER 3, SUBCHAPTER V: JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
Image suggestions (place after relevant paragraphs):
Alt text: The iconic exterior of the John F. Kennedy Center for the Performing Arts in Washington D.C., showcasing its modern architecture and grand scale.
Alt text: The opulent interior of the Kennedy Center Concert Hall, highlighting its elegant design and capacity for world-class performances.
Alt text: A performance on the Kennedy Center Millennium Stage, a free performance space showcasing diverse artists and accessible to all visitors.
