[Congressional Record Volume 140, Number 56 (Tuesday, May 10, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: May 10, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
JOHN F. KENNEDY CENTER ACT AMENDMENTS OF 1994
Mr. MINETA. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 3567) to amend the John F. Kennedy Center Act to transfer
operating responsibilities to the Board of Trustees of the John F.
Kennedy Center for the Performing Arts, and for other purposes, as
amended.
The Clerk read as follows:
H.R. 3567
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John F. Kennedy Center Act
Amendments of 1994''.
SEC. 2. FINDINGS, BUREAU, BOARD OF TRUSTEES, AND ADVISORY
COMMITTEE.
(a) Findings.--Section 1 of the John F. Kennedy Center Act
(20 U.S.C. 76h note) is amended--
(1) by striking ``Section 1.'' and inserting the following:
``SECTION 1. SHORT TITLE AND FINDINGS.
``(a) Short Title.--''; and
(2) by adding at the end the following:
``(b) Findings.--Congress finds that--
``(1) the late John Fitzgerald Kennedy served with
distinction 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 this
Nation and the world have suffered a great loss;
``(3) the late John Fitzgerald Kennedy was particularly
devoted to education and cultural understanding and the
advancement 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 Performing Arts, named in the memory and honor of this
great leader, shall serve as the sole national monument to
his memory 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 this Nation
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
District of Columbia.''.
(b) Ex Officio Trustees.--
(1) In general.--Section 2 of such Act (20 U.S.C. 76h) is
amended--
(A) by striking the section heading and all that follows
before ``There is hereby'' and inserting the following:
``SEC. 2. BOARD OF TRUSTEES.
``(a) Establishment.--'';
(B) in the first sentence by inserting ``as the National
Center for the Performing Arts, a living memorial to John
Fitzgerald Kennedy,'' after ``thereof'';
(C) in the second sentence by striking ``Chairman of the
District of Columbia Recreation Board'' and inserting
``Superintendent of Schools of the District of Columbia'';
and
(D) in the second sentence by striking ``three Members of
the Senate'' and all that follows before ``ex officio'' and
inserting ``the chairman and ranking minority member of the
Committee on Public Works and Transportation of the House of
Representatives and 3 additional Members of the House of
Representatives appointed by the Speaker of the House of
Representatives, and the chairman and ranking minority member
of the Committee on Environment and Public Works of the
Senate and 3 additional Members of the Senate appointed by
the President of the Senate''.
(2) Effective dates.--
(A) Superintendent of schools of the district of
columbia.--The amendment made by paragraph (1)(C) shall take
effect on the date of expiration of the term of the Chairman
of the District of Columbia Recreation Board serving as a
trustee of the John F. Kennedy Center for the Performing Arts
on the date of the enactment of this Act.
(B) Members of congress.--The amendment made by paragraph
(1)(D) shall take effect on the date of the enactment of this
Act.
(c) General Trustees.--Section 2(b) of such Act is amended
to read as follows:
``(b) General Trustees.--The general trustees shall be
appointed by the President of the United States and each such
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 such member's
predecessor was appointed shall be appointed for the
remainder of such term;
``(2) a member shall continue to serve until such member's
successor has been appointed; and
``(3) the term of office of a member appointed before the
date of the enactment of the John F. Kennedy Center Act
Amendments of 1994 shall expire as designated at the time of
appointment.''.
(d) Advisory Committee on the Arts.--Section 2(c) of such
Act is amended--
(1) by inserting ``Advisory Committee on the Arts.--''
before ``There shall be'';
(2) in the first sentence by inserting ``of the United
States'' after ``President'' the first place it appears;
(3) in the fifth sentence by striking ``cultural activities
to be carried on in'' and inserting ``cultural activities to
be carried out by''; and
(4) in the last sentence by striking all that follows
``compensation'' and inserting a period.
SEC. 3. DUTIES OF THE BOARD.
Section 4 of the John F. Kennedy Center Act (20 U.S.C. 76j)
is amended by striking the section heading and all that
follows through the period at the end of subsection (a) and
inserting the following:
``SEC. 4. 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 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 Nation;
``(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 existing features of the John F.
Kennedy Center for the Performing Arts;
``(G) plan, design, and construct all capital projects at
the John F. Kennedy Center for the Performing Arts; and
``(H) provide information and interpretation; all
maintenance, repair, and alteration of the building of the
John F. Kennedy Center for the Performing Arts; and
janitorial, security, and all other services necessary for
operating the building and site of the John F. Kennedy Center
for the Performing Arts.
``(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 persons in order to
carry out the Board's functions under this Act. Such
authority 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, United States Code.
``(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, upon a reimbursable basis, and
utilize voluntary and uncompensated personnel.
``(D) Selection of contractors.--In carrying out its duties
under this Act, the Board may negotiate any contract for an
environmental system for, a protection system for, or a
repair to, maintenance of, or restoration of the John F.
Kennedy Center for the Performing Arts with selected
contractors and award the contract on the basis of contractor
qualifications as well as price.
``(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 the date of
enactment of the John F. Kennedy Center Act Amendments of
1994. No change in the management and operation of such
grounds may be made without the express approval of the
Secretary of the Interior and of the Congress.''.
SEC. 4. OFFICERS AND EMPLOYEES; REVIEW OF BOARD ACTIONS.
(a) Solicitation and Acceptance of Gifts.--Section 5 of the
John F. Kennedy Center Act (20 U.S.C. 76k) is amended--
(1) by striking the section heading and all that follows
before ``The Board is'' and inserting the following:
``SEC. 5. POWERS OF THE BOARD.
``(a) Solicitation and Acceptance of Gifts.--''; and
(2) in subsection (a) by striking ``Smithsonian
Institution'' and inserting ``John F. Kennedy Center for the
Performing Arts, as a bureau of the Smithsonian
Institution,''.
(b) Appointment of Officers and Employees.--Section 5(b) of
such Act is amended to read as follows:
``(b) Appointment of Officers and Employees.--
``(1) Chairperson and secretary.--The Board shall appoint
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
Secretary of the John F. Kennedy Center for the Performing
Arts. The Chairperson and Secretary shall be well qualified
by experience and training to perform the duties of their
offices.
``(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
individual's background, shall be well suited to be
responsible 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 such compensation may not exceed the
maximum rate of pay for level IV of the Executive Schedule;
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) Transfers; Review of Board Actions.--Section 5 of such
Act is amended by striking subsection (c) and inserting the
following:
``(c) Transfer of Property.--Not later than October 1,
1995, such property, liabilities, contracts, records, and
unexpended balances 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 authorized and appropriated.
``(d) Transfer of Personnel.--
``(1) In general.--Employees of the National Park Service
assigned to duties related to those 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 retaining all
rights and benefits provided under title 5, United States
Code. For a period of not less than 3 years, transferred
employees shall retain the right of priority consideration
under merit promotion 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 amounts
appropriated to the John F. Kennedy Center for the Performing
Arts.
``(5) Reorganization authority.--Nothing contained in this
section shall be deemed to prohibit the Board from
reorganizing functions at the John F. Kennedy Center for the
Performing Arts in accordance with laws governing such
reorganizations.
``(e) Review of Board Actions.--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.''.
SEC. 5. REVIEWS, AUDITS, AND CLAIMS.
Section 6 of the John F. Kennedy Center Act (20 U.S.C. 76l)
is amended--
(1) in subsection (c) by striking ``its'' and inserting
``the Board's''; and
(2) by striking subsections (e) and (f) and inserting the
following:
``(d) Audit of Accounts.--At least once every 3 years, the
Comptroller General shall review and audit the accounts of
the John F. Kennedy Center for the Performing Arts for the
purpose of examining expenditures of funds appropriated under
authority provided by this Act.
``(e) Inspector General.--The functions of the Board funded
by amounts appropriated pursuant to section 12 of this Act
shall be subject to the requirements of the Inspector General
Act of 1978. The Inspector General of the Smithsonian
Institution is authorized to carry out the requirements of
such Act on behalf of the Board on a reimbursable basis.
``(f) 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. The Board's employees
and volunteers shall be deemed civil employees of the United
States within the meaning of the term `employee' as defined
in section 8101 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 employee's duties for the Board
pursuant to the workers compensation statute of the
jurisdiction in which the John F. Kennedy Center for the
Performing Arts is located. Such disability or death
benefits, whether under such workers compensation statute or
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.--Notwithstanding paragraph (1),
no employee of the Board may bring suit against the United
States under the Federal tort claims procedure of chapter 171
of title 28, United States Code, for disability or death
resulting from personal injury sustained while in the
performance of the employee's duties for the Board.
``(g) Settlements, Awards, and Judgments.--Any settlement,
award, or judgment made or entered into pursuant to chapter
171 of title 28, United States Code, arising from any act or
omission of an employee of the Board in the performance of a
nonappropriated fund activity shall be paid only from funds
available to the Board for its performing arts activities.''.
SEC. 6. TECHNICAL AMENDMENTS.
Section 10 of the John F. Kennedy Center Act (20 U.S.C.
76p) is amended--
(1) by striking ``he'' and inserting ``the Secretary''; and
(2) by striking ``his'' and inserting ``the Secretary's''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
The John F. Kennedy Center Act (20 U.S.C. 76h-76q) is
amended by adding at the end the following:
``SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
``(a) Maintenance, Repair, and Security.--There is
authorized to be appropriated to the Board $12,000,000 per
fiscal year for each of fiscal years 1995 through 1999 to
carry out subparagraph (H) of section 4(a)(1).
``(b) Capital Projects.--There is authorized to be
appropriated to the Board $9,000,000 per fiscal year for each
of fiscal years 1995 through 1999 to carry out subparagraphs
(F) and (G) of section 4(a)(1).
``(c) Limitation on Use of Funds.--No funds appropriated
pursuant to this section may be used for the direct expenses
incurred in the production of performing arts attractions, or
for personnel who are involved in performing arts
administration (including supplies and equipment used by such
personnel), or for production, staging, public relations,
marketing, fundraising, ticket sales, and education. However,
funds appropriated directly to the Board shall not affect nor
diminish other Federal funds sought for performing arts
functions 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 repairs.''.
SEC. 8. DEFINITIONS.
The John F. Kennedy Center Act (20 U.S.C. 76h-76q) is
amended by adding at the end the following:
``SEC. 13. DEFINITIONS.
``For the purposes of this Act, the following definitions
apply:
``(1) Capital projects.--The term `capital projects' means
capital repairs, replacements, improvements, rehabilitations,
alterations, and modifications to the existing features of
the building and site of the John F. Kennedy Center for the
Performing Arts, including the theaters, garage, plaza, and
building walkways.
``(2) Maintenance, repair, and security services.--The term
`maintenance, repair, and security services' means all
services and equipment necessary to maintain and operate the
existing features of the building and site of the John F.
Kennedy Center for the Performing Arts, including the
theater, garage, plaza, and building walkways in a manner
consistent with requirements for high quality operations.
``(3) Building and site of the john f. kennedy center for
the performing arts.--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' mean
the site in the District of Columbia on which the John F.
Kennedy Center building is constructed and which 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, 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.''.
SEC. 9. RULES AND REGULATIONS.
(a) Authority To Prescribe.--Section 5(a) of the Act of
October 24, 1951 (40 U.S.C. 193r) is amended--
(1) by striking ``Institution and'' and inserting
``Institution,''; and
(2) by inserting ``, and the Trustees of the John F.
Kennedy Center for the Performing Arts,'' after ``National
Gallery of Art''.
(b) Authority To Suspend.--Section 8 of such Act (40 U.S.C.
193u) is amended by striking ``the Secretary of the
Smithsonian Institution or the Trustees of the National
Gallery of Art or'' each place it appears and inserting ``the
Secretary of the Smithsonian Institution, the Trustees of the
National Gallery of Art, the Trustees of the John F. Kennedy
Center for the Performing Arts, or''.
(c) Buildings and Grounds Defined.--Section 9 of such Act
(40 U.S.C. 193v) is amended by adding at the end the
following:
``(3) The site of the John F. Kennedy Center for the
Performing Arts, which shall be held to extend 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, 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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California [Mr. Mineta] will be recognized for 20 minutes, and the
gentleman from Wisconsin [Mr. Petri] will be recognized for 20 minutes.
The Chair recognizes the gentleman from California [Mr. Mineta].
Mr. MINETA. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in strong support of H.R. 3567, the John F.
Kennedy Center Act Amendments of 1994, as amended. Today is indeed a
historic occasion as this bill, by making significant changes to the
John F. Kennedy Center Act, gives the Kennedy Center, for the first
time, full responsibility for its own activities.
First of all, Madam Speaker, I want to commend the gentleman from
Ohio, the subcommittee chairman on Public Buildings and Grounds, Mr.
Traficant, and the subcommittee's ranking Republican member, Mr.
Duncan, for their fine leadership on this important measure. I would
also like to recognize and thank the Committee on Natural Resources'
Chairman George Miller, ranking Republican Don Young, Chairman Bruce
Vento, ranking Republican member James Hansen of their Subcommittee on
National Parks, Forests, and Public Lands and their staffs for their
cooperation and hard work on this measure. I am pleased that this bill
enjoys such broad bipartisan support. It is truly a visionary piece of
legislation.
H.R. 3567, the John F. Kennedy Center Act Amendments of 1994, as
amended, represents months of sustained effort, coordination and hard
work by both the Kennedy Center, primarily Mr. James Wolfensohn,
chairman of the board at the John F. Kennedy Center for the Performing
Arts, and his staff, and the Department of Interior, specifically
Secretary Babbit and the representatives from the National Park
Service. They all deserve our praise and thanks.
The Kennedy Center, like the Smithsonian Institution and its other
bureaus, is a unique trust instrumentality of the United States.
The original act establishes the Kennedy Center not only as a
cultural arts center, but also charges it with the responsibility of
administering a living memorial to President John F. Kennedy. Finally,
it has a mandated mission to serve both the local and national
community.
Currently, the management of operations and maintenance of the
Kennedy Center is shared between the Center's Board of Trustees and the
National Park Service of the Department of Interior. Over the past 23
years since the building was constructed there have been several
serious building defects and maintenance problems. The Kennedy Center
Board and the Park Service have tried to share responsibility for the
nonperforming arts aspects of the Kennedy Center's operations.
Unfortunately, this shared approach has not been as successful as both
would have hoped.
This bill, as amended, addresses this fundamental issue by giving the
Kennedy Center sole responsibility for its building and site. As such,
the Center will receive directly the general fund appropriations
necessary to fulfill its new responsibilities. Currently, the
nonperforming arts functions of the Center are funded by appropriations
to the Park Service.
With the passage of this historic bill, the Kennedy Center management
will for the first time enjoy both the responsibility and
accountability for its building, theaters, and its performing arts and
education activities. But with the responsibility also comes the
opportunity to set a vision for the future. The current Kennedy Center
management welcomes its new challenge and we are proud to have helped
frame its mandate.
Madam Speaker, this legislation affirms once again the fundamental
mission of the Nation's living memorial to President Kennedy, and I
strongly urge its adoption.
Madam Speaker, I reserve the balance of my time.
Mr. PETRI. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I am pleased to rise in support of H.R. 3567. This
legislation will allow the Kennedy Center Board of Directors to have
direct control of the financial resources necessary to maintain the
Center.
My support for this legislation has been generated by the outstanding
leadership which the chairman of the board of the Kennedy Center, Mr.
James Wolfensohn, has brought to the Center's activities.
Mr. Wolfensohn is a shining example of a highly successful
businessman who has combined tax dollars with private dollars to fund a
Federal program. In fact, thanks to the respect with which Mr.
Wolfensohn is held by his many friends in the United States and
overseas, he has been able to raise $71,265,000 from private sources to
support the programs of the Kennedy Center.
I appreciate Mr. Wolfensohn's willingness to not only seek direct
control of the funding to maintain the Kennedy Center, but his
willingness to be accountable for maximizing the use of the funds. An
attribute rarely found in government these days.
The Kennedy Center has established an outstanding education program
thanks to the efforts of Mr. Wolfensohn. This program serves thousands
of children, their parents, and teachers in every State.
We are fortunate to have Jim Wolfensohn, who commands the respect of
the National and International Performing Arts Community, as the
chairman of the Board of Directors of the Kennedy Center.
I am pleased to join the chairman of the Public Buildings and Grounds
Subcommittee, Congressman Jim Traficant and the subcommittee's ranking
Republican, Congressman Jimmy Duncan, who has played a key role in the
bipartisan drafting of this legislation, in recommending House approval
of H.R. 3567.
{time} 1250
Madam Speaker, I have no requests for additional time, and I yield
back the balance of my time.
Mr. MINETA. Madam Speaker, I yield such time as he may consume to the
gentleman from Minnesota [Mr. Vento], the very distinguished chairman
of the Subcommittee on National Parks, Forests, and Public Lands of the
Committee on Natural Resources, and I take this opportunity to thank
him again for his hard work and cooperation on this measure.
Mr. VENTO. Madam Speaker, I thank the gentleman for yielding me this
time.
Madam Speaker, H.R. 3567, the John F. Kennedy Center Act Amendments
of 1994, provides for a five-year authorization for maintenance,
repair, and capital projects at the John F. Kennedy Center for the
Performing Arts in the District of Columbia. The legislation, as
introduced, also transfers all current National Park Service
responsibilities and personnel to the Kennedy Center Board of Trustees.
The Center will function in the future as a Bureau of the Smithsonian
Institution, and funding for nonperforming arts purposes will be
provided through an appropriation directly to the Board of Trustees.
H.R. 3567 was favorably reported to the House of Representatives by
the Committee on Public Works and Transportation on March 24, 1994, and
subsequently was referred to the Committee on Natural Resources through
April 29, 1994. Since the committee was unable to meet on April 27
because of the Nixon funeral, the referral was extended through May 6.
The Committee on Natural Resources reported the bill favorably to the
House of Representatives on May 4, 1994.
At this point, I would like to take the opportunity to commend the
hard work of my colleagues on the Public Works Committee. I appreciate
their commitment to developing appropriate legislation while remaining
sensitive to the concerns of the Natural Resources Committee and of the
National Park Service. The legislation before us today is the product
of many discussions among the agencies and the committees, and I
believe it accomplishes the goals of all parties while protecting all
interests. I thank the members of the Public Works Committee for
agreeing to work with this committee and for their patience during the
entire process.
The John F. Kennedy Center for the Performing Arts is an existing
unit of the National Park System and for 20 years the National Park
Service has been, by law, responsible for the nonperforming arts
functions of the Center. The relationship between the National Park
Service and the Kennedy Center Board of Trustees has been ambiguous at
best. The Kennedy Center now requires approximately $100 million worth
of repairs and capital improvements, and the need for clarification of
the respective responsibilities has become critical. Both the National
Park Service and the Kennedy Center have agreed that a complete
separation of the National Park Service from the Center is the most
appropriate resolution to the problems now facing the Center.
While I am an original cosponsor of the bill, and believe that the
Kennedy Center Board of Trustees is the appropriate entity to manage
the building, I had some concerns about certain provisions which are
addressed in the amendment in the nature of a substitute approved by
the Committee on Natural Resources and which is before the House today.
First, the committee amendment provides that the Board of Trustees
will provide for the Center's management in a manner consistent with
other national Presidential memorials. By law, and under this
legislation, the Center will remain a memorial to the last President. I
believe we must have a clearly enunciated policy to ensure that the
Center meets the high standard fitting a national memorial.
Second, the amendment specifies that the grounds must be managed
consistent with current National Park Service regulations and
agreements. While I agree that the separation of powers is necessary
and a positive step in accomplishing the required renovations, I remain
concerned about the impact on surrounding National Park Service
property. Because of the Kennedy Center's location amid heavily used
and fragile National Park resources, I believe there should be
continuity and consistency in the management of the grounds. The
committee amendment requires the Kennedy Center to continue to manage
the grounds according to current National Park Service regulations and
agreements; any changes in such management must be approved by the
Secretary and enacted by Congress. This amendment ensures the
appropriate maintenance of both the building and the grounds while
protecting the National Park Service interest in the surrounding
property and open space.
Finally, the amendment references a map which delineates the
boundaries of the John F. Kennedy Center for the Performing Arts, which
upon enactment would be under the jurisdiction of the Board of
Trustees.
These changes were agreed to by the Kennedy Center Board of Trustees,
the National Park Service, and the Committee on Public Works and
Transportation. I believe the version we are bringing to the House
today will enable much-needed improvements to be made to the Kennedy
Center while protecting the interests of the National Park Service and
I urge my colleagues' support.
Ms. NORTON. Mr. Speaker, good afternoon and thank you, Mr. Speaker. I
rise today in support of H.R. 3567, a bill to amend the John F. Kennedy
Center Act to transfer operating and capital improvement
responsibilities from the National Park Service to the Board of
Trustees of the John F. Kennedy Center for the Performing Arts. I want
to thank Norman Mineta, chairman, of the Committee on Public Works and
Transportation, and James Traficant, chairman of the Subcommittee on
Public Buildings and Grounds for guiding this bill to passage.
This bill is truly exemplary of efforts to reinvent government.
Recognizing the inefficacy over the years of dividing responsibility
for the operations, maintenance, and capital repairs of the Kennedy
Center, the Board of Trustees of the Kennedy Center and the National
Park Service mutually agreed to centralize these responsibilities with
the Center's Board of Trustees. The approach crafted in the bill will
promote stability and allow the Board to develop and carry out a plan
that will set the Kennedy Center on a healthy financial and structural
path for the 21st century. It will also enable the National Park
Service to dedicate scarce human and financial resources to protecting
and conserving our natural environment.
In addition, the bill is an excellent example of public/private
partnership. Mr. James Wolfensohn, chairman of the Kennedy Center since
1990, has brought his extraordinary talent and energy to this
legislation. In an effort to prevent the Center's continued
deterioration, Mr. Wolfensohn asked Congress for responsibility to
maintain and improve the Center. At the same time, understanding that
Federal budgets are severely constrained, he has relentlessly raised
funds from private donors during a time when fewer are contributing to
cultural institutions. I am confident that under his leadership the
Board will work effectively, to establish a capital improvements
program that will restore the fading luster of the Center's physical
structure.
The Kennedy Center has established itself as a hallmark national
cultural arts center and Presidential memorial. In its two decades of
life, it has created an enviable record by presenting diverse and
quality art performances to traditional patrons of the arts, as well as
reaching out to segments in communities and the Nation that have had
little exposure to the arts. The Kennedy Center's new and innovative
programs to educate our country's youth and to advance the arts
nationwide replicate outstanding Kennedy Center programs already
enjoyed by the residents of the District of Columbia. Most notable are
the arts enterprise zone and cultural passport programs, which provide
workshops, classes, and internships to disadvantaged students in the
District, and professional development workshops to their teachers.
This year, in collaboration with the renowned Dance Theatre of Harlem,
the Kennedy Center has begun a new community initiative in the
metropolitan Washington area. Classical ballet is introduced to
students through lectures, demonstrations, workshops, training, and
performances.
In the District, as in many States throughout the country, the
Kennedy Center has created the unprecedented opportunity to make the
arts a part of every child's education. H.R. 3567, by more fully
delineating the Kennedy Center's educational purpose for its national
programs, will enable the Kennedy Center to continue in this fine
tradition of encouraging teachers, students, and their families to
appreciate the importance of the visual and performing arts in the
educational process and to share the experience of attending live
performances.
Mr. MINETA. Madam Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Kennelly). The question is on the
motion offered by the gentleman from California [Mr. Mineta] that the
House suspend the rules and pass the bill, H.R. 3567, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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