[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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