[Congressional Record Volume 140, Number 84 (Tuesday, June 28, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 28, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
             JOHN F. KENNEDY CENTER ACT AMENDMENTS OF 1994

  Mr. TRAFICANT. Mr. Speaker, I move to suspend the rules and concur in 
the Senate amendment to 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.
  The Clerk read as follows:

       Senate amendment:
       Strike out all after the enacting clause and insert:

     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 new subsection:
       ``(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 the 
     United States 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 the United 
     States and other countries by producing and presenting music, 
     opera, theater, dance, and other performing arts; and
       ``(6) such a living memorial should be housed in the John 
     F. Kennedy Center for the Performing Arts, located in the 
     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''; and
       (C) in the second sentence--
       (i) by striking ``Chairman of the District of Columbia 
     Recreation Board'' and inserting ``Superintendent of Schools 
     of the District of Columbia''; and
       (ii) 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)(i) 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 enactment of this Act.
       (B) Members of congress.--The amendment made by paragraph 
     (1)(C)(ii) shall take effect on the date of enactment of this 
     Act.
       (c) General Trustees.--Subsection (b) of section 2 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. Each trustee 
     shall hold office as a member of the Board for a term of 6 
     years, except that--
       ``(1) any member appointed to fill a vacancy occurring 
     before the expiration of the term for which the predecessor 
     of the member was appointed shall be appointed for the 
     remainder of the term;
       ``(2) a member shall continue to serve until the successor 
     of the member has been appointed; and
       ``(3) the term of office of a member appointed before the 
     date of enactment of the John F. Kennedy Center Act 
     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 United States;
       ``(D) provide facilities for other civic activities at the 
     John F. Kennedy Center for the Performing Arts;
       ``(E) provide within the John F. Kennedy Center for the 
     Performing Arts a suitable memorial in honor of the late 
     President;
       ``(F) develop, and update annually, a comprehensive 
     building needs plan for the features of the John F. Kennedy 
     Center for the Performing Arts in existence on the date of 
     enactment of the John F. Kennedy Center Act Amendments of 
     1994;
       ``(G) with respect to each feature of the building and site 
     of the John F. Kennedy Center for the Performing Arts that is 
     in existence on the date of enactment of the John F. Kennedy 
     Center Act Amendments of 1994 (including a theater, the 
     garage, the plaza, or a building walkway), plan, design, and 
     construct each capital repair, replacement, improvement, 
     rehabilitation, alteration, or modification necessary for the 
     feature; and
       ``(H) provide--
       ``(i) information and interpretation; and
       ``(ii) with respect to each feature of the building and 
     site of the John F. Kennedy Center for the Performing Arts 
     that is in existence on the date of enactment of the John F. 
     Kennedy Center Act Amendments of 1994 (including a theater, 
     the garage, the plaza, or a building walkway), all necessary 
     maintenance, repair, and alteration of, and all janitorial, 
     security, and other services and equipment necessary for the 
     operation of, the feature, in a manner consistent with 
     requirements for high quality operations.
       ``(2) Administrative powers and duties.--
       ``(A) Authority to enter into contracts.--The Board, in 
     accordance with applicable law, may enter into contracts or 
     other arrangements with, and make payments to, public 
     agencies or private organizations or other private persons in 
     order to carry out the functions of the Board under this Act. 
     The authority described in the preceding sentence includes 
     utilizing the services and facilities of other agencies, 
     including the Department of the Interior, the General 
     Services Administration, and the Smithsonian Institution.
       ``(B) Preparation of budget.--The Board shall 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, on a reimbursable basis, and 
     utilize voluntary and uncompensated personnel.
       ``(D) Selection of contractors.--In carrying out the duties 
     of the Board 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 the 
     grounds may be made without the express approval of Congress 
     and of the Secretary of the Interior.''.

     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 
     through ``(a)'' 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.--Subsection (b) 
     of section 5 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 
     respective 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 
     background of the individual, 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 the compensation may not exceed the 
     maximum rate of pay prescribed for level IV of the Executive 
     Schedule under section 5315 of title 5, United States Code; 
     and
       ``(B) such other officers and employees of the John F. 
     Kennedy Center for the Performing Arts as may be 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 new subsections:
       ``(c) Transfer of Property.--Not later than October 1, 
     1995, the 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 the functions being undertaken 
     by the Board shall be transferred with their functions to the 
     Board not later than October 1, 1995.
       ``(2) Rights and benefits.--Transferred employees shall 
     remain in the Federal competitive service and retain all 
     rights and benefits provided under title 5, United States 
     Code. For a period of not less than 3 years after the date of 
     transfer of an employee under paragraph (1), the transferred 
     employee shall retain the right of priority consideration 
     under merit 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 funds appropriated 
     to the John F. Kennedy Center for the Performing Arts.
       ``(5) Reorganization authority.--Nothing contained in this 
     section shall prohibit the Board from reorganizing functions 
     at the John F. Kennedy Center for the Performing Arts in 
     accordance with laws governing reorganizations.
       ``(e) Review of Board Actions.--The actions of the Board 
     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.
       ``(f) Collective Bargaining.--
       ``(1) Definition.--As used in this subsection, the term 
     `theatrical employee' means a nonappropriated fund employee 
     of the Board, who is engaged in a box office, performing, or 
     theatrical trade that is the subject of a collective 
     bargaining agreement as of January 1, 1994, including any 
     change in the trade as a result of a technological advance.
       ``(2) Collective bargaining.--
       ``(A) In general.--For the purposes of the National Labor 
     Relations Act (29 U.S.C. 151 et seq.) and the Labor-
     Management Relations Act, 1947 (29 U.S.C. 141 et seq.)--
       ``(i) each theatrical employee shall be considered to be an 
     `employee' within the meaning of section 2(3) of the National 
     Labor Relations Act (29 U.S.C. 152(3)); and
       ``(ii) with respect to a theatrical employee, the Board 
     shall be considered to be an `employer' within the meaning of 
     section 2(2) of the National Labor Relations Act (29 U.S.C. 
     152(2)).
       ``(B) Rights and obligations.--With respect to each 
     theatrical employee, the theatrical employee and the Board 
     shall have all of the rights and obligations specified in 
     such Acts.''.

     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 operations'' and 
     inserting ``the operations of the Board''; and
       (2) by striking subsections (e) and (f) and inserting the 
     following new subsections:
       ``(d) Audit of Accounts.--Not less than 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 
     the authority provided by this Act.
       ``(e) Inspector General.--The functions of the Board funded 
     by funds appropriated pursuant to section 12 shall be subject 
     to the requirements for a Federal entity under the Inspector 
     General Act of 1978 (5 U.S.C. App. 3). 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 when requested by the Board.
       ``(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. Each employee and 
     volunteer of the Board shall be considered to be a civil 
     employee of the United States (within the meaning of the term 
     `employee' as defined in section 8101(1) of title 5, United 
     States Code), except that the Board shall continue to provide 
     benefits with respect to any disability or death resulting 
     from a personal injury to a nonappropriated fund employee of 
     the Board sustained while in the performance of the duties of 
     the employee for the Board pursuant to the workers 
     compensation statute of the jurisdiction in which the John F. 
     Kennedy Center for the Performing Arts is located. The 
     disability or death benefits referred to in the preceding 
     sentence, whether under the workers compensation statute 
     referred to in the preceding sentence or under chapter 81 of 
     title 5, United States Code, shall continue to be the 
     exclusive liability of the Board and the United States with 
     respect to all employees and volunteers of the Board.
       ``(2) Federal tort claims.--For the purposes of chapter 171 
     of title 28, United States Code, an employee of the Board 
     shall be considered to be an `employee of the government' and 
     the Board shall be considered to be a `Federal agency'. No 
     employee of the Board may bring suit against the United 
     States or the Board 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 duties of the employee for 
     the Board.''.

     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 judgment'' and inserting ``the 
     judgment of the Secretary''.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       The John F. Kennedy Center Act (20 U.S.C. 76h et seq.) is 
     amended by adding at the end the following new section:

     ``SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Maintenance, Repair, and Security.--There are 
     authorized to be appropriated to the Board to carry out 
     section 4(a)(1)(H) $12,000,000 for each of fiscal years 1995 
     through 1999.
       ``(b) Capital Projects.--There are authorized to be 
     appropriated to the Board to carry out subparagraphs (F) and 
     (G) of section 4(a)(1) $9,000,000 for each of fiscal years 
     1995 through 1999.
       ``(c) Limitation on Use of Funds.--No funds appropriated 
     pursuant to this section may be used for any direct expense 
     incurred in the production of a performing arts attraction, 
     for personnel who are involved in performing arts 
     administration (including any supply or equipment used by the 
     personnel), or for production, staging, public relations, 
     marketing, fundraising, ticket sales, or education. Funds 
     appropriated directly to the Board shall not affect nor 
     diminish other Federal funds sought for any performing arts 
     function and may be used to reimburse the Board for that 
     portion of costs that are Federal costs reasonably allocated 
     to building services and theater maintenance and repair.''.

     SEC. 8. DEFINITIONS.

       The John F. Kennedy Center Act (20 U.S.C. 76h et seq.) (as 
     amended by section 7) is further amended by adding at the end 
     the following new section:

     ``SEC. 13. DEFINITIONS.

       ``As used in this Act, the terms `building and site of the 
     John F. Kennedy Center for the Performing Arts' and `grounds 
     of the John F. Kennedy Center for the Performing Arts' refer 
     to the site in the District of Columbia on which the John F. 
     Kennedy Center building is constructed and that extends to 
     the line of the west face of the west retaining walls and 
     curbs of the Inner Loop Freeway on the east, the north face 
     of the north retaining walls and curbs of the Theodore 
     Roosevelt Bridge approaches on the south, the east face of 
     the east retaining walls and curbs of Rock Creek Parkway on 
     the west, and the south curbs of New Hampshire Avenue and F 
     Street on the north, as generally depicted on the map 
     entitled `Transfer of John F. Kennedy Center for the 
     Performing Arts', numbered 844/82563, and dated April 20, 
     1994, 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 (65 Stat. 634; chapter 559; 40 U.S.C. 
     193r(a)), 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 new paragraph:
       ``(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 
Ohio [Mr. Traficant] will be recognized for 20 minutes, and the 
gentleman from Tennessee [Mr. Duncan] will be recognized for 20 
minutes.
  The Chair recognizes the gentleman from Ohio [Mr. Traficant].
  Mr. TRAFICANT. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 3567 is a bill which is long overdue. This bill 
would 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. For the first time, the Center will control 
not only its day to day operations but also will develop, manage, and 
implement a capital improvement program.
  By authorizing the Center to carry out these responsibilities, this 
bill corrects long-standing deficiencies in the management and 
operation of the Center. The bifurcated management structure, which 
divided these responsibilities between the National Park Service and 
the Kennedy Center, proved to be cumbersome, expensive, and unworkable. 
Working closely with the Subcommittee on National Parks, chaired by 
Chairman Bruce Vento, we have been successful in coordinating and 
consolidating overall management responsibility with the Kennedy Center 
Board of Trustees.
  The Senate amendment, to which the committee does not object, makes 
every minor technical changes, and preserves the rights of non-
appropriated fund employees to engage in collective bargaining.
  Mr. Speaker, this bill reinvents and reinvigorates the management of 
the John F. Kennedy Center, one of our Nation's most cherished and 
beloved public buildings. I wish to thank Chairman Vento and 
acknowledge the cooperation of his committee. I also wish to thank our 
very capable chairman, Norman Mineta, for his support and guidance. 
Finally, in the spirit of bipartisanship, I thank Congressman John 
Duncan for his support on this bill.
  Mr. Speaker, I urge my colleagues to concur in the Senate amendment 
to H.R. 3567, as amended.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 3567, an act to amend the John 
F. Kennedy Center for the Performing Arts Act. On May 10, 1994, the 
House passed H.R. 3567 by voice vote and sent this legislation to the 
other body for its consideration. On June 27, 1994, H.R. 3567 passed 
the Senate, with minor clarifying, technical, and grammatical changes 
to the House passed bill. The action today will accept those changes, 
thus clearing the measure for the President's signature.
  These amendments are long overdue for the successful and efficient 
program of operation and maintenance, as well as making capital 
improvements to the Kennedy Center. This legislation provides for long 
term planning by the Board of the Kennedy Center, and provides for 
autonomy, consistent with applicable Federal procurement and 
acquisition law, for the Board to contract for work to be performed. A 
total of $105 million over the next 5 fiscal years is authorized: $12 
million per fiscal year over the next 5 years for operations and 
maintenance, and $9 million per fiscal year over the next 5 years of 
capital improvements. These figures are less than the Center has been 
receiving in recent years, but testimony before the Subcommittee on 
Public Buildings and Grounds by Mr. James Wolfensohn, Chairman of the 
Kennedy Center, assured the Members that these figures are sufficient 
to meet the requirements of the Center. Additionally, Mr. Wolfensohn 
has expressed a willingness to be accountable for the successful 
completion of the 5-year program for capital improvements.
  I am also supporting this legislation because of the willingness of 
Mr. Wolfensohn and the Kennedy Center to seek private funding for the 
Center, and not simply rely on tax dollars for the performing arts 
functions of the Center. Since becoming chairman in March 1990, Mr. 
Wolfensohn has been responsible for raising $71,265,000 in private and 
corporate donations. This successful effort is particularly noteworthy 
given the difficult economic times in which these funds were secured.
  This legislation also calls for the transfer of some 55 National Park 
Service employees, who will retain all rights of Federal employment, 
and will have the right to return to the Department of Interior without 
a loss of seniority. I congratulate Mr. Traficant and Mr. Mineta for 
their work on this bill.
  Mr. Speaker, I urge enactment of these needed changes to law and I 
urge my colleagues to accept this legislation.
  Mr. Speaker, I yield back the balance of my time.

                              {time}  1240

  Mr. TRAFICANT. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I urge my colleagues to concur in the Senate amendment 
to H.R. 3567, as amended.
  Mr. VENTO. Mr. Speaker, I rise in support of the bill. As members 
will recall, H.R. 3567 was approved by the House on May 10, 1994, after 
having been considered by both the Committee on Public Works and 
Transportation and the Committee on Natural Resources. The bill, as 
amended, will provide for a 5-year authorization for maintenance, 
repair, and capital projects at the John F. Kennedy Center for the 
Performing Arts in the District of Columbia. The bill 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.
  I had some concerns about certain provisions of the bill as 
introduced, and the version approved by the Committee on National 
Resources made what I believe are significant improvements. First, the 
board of trustees will be required to 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 late 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 bill requires the grounds to be managed consistent with 
current National Park Service regulations and agreements. While I agree 
that 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 bill, as amended, 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 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 Committee on National Resources had included a provision 
referencing a map delineating 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.
  I understand that the Senate made some changes in the legislation, 
but I have reviewed their version, and am satisfied that the bill we 
are considering today retains those provisions advocated by the 
Committee on Natural Resources. I believe the version before us enables 
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.
  Mr. MINETA. Mr. Speaker, I rise in strong support of H.R.3567, the 
John F. Kennedy Center Act Amendments of 1994, as amended. H.R.3567 
already passed the House on May 10, 1994. The Senate made some 
technical changes to the bill which we are concurring in at this time.
  Mr. Speaker, 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, Mr. 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, and ranking Republican member James Hansen of their Subcommittee 
on Natural Parks, Forest, 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 Babbitt 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 
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 buildings, 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.
  Mr. Speaker, this legislation affirms once again the fundamental 
mission of the Nation's living memorial to President Kennedy and I 
strongly urge its adoption.
  Mr. TRAFICANT. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Montgomery). The question is on the 
motion offered by the gentleman from Ohio [Mr. Traficant] that the 
House suspend the rules and concur in the Senate amendment to the bill, 
H.R. 3567.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendment was 
concurred in.
  A motion to reconsider was laid on the table.

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