[House Report 105-130]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-130
_______________________________________________________________________


 
         JOHN F. KENNEDY CENTER PARKING IMPROVEMENT ACT OF 1997

                                _______
                                

 June 12, 1997.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1747]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 1747) to amend the John F. Kennedy 
Center Act to authorize the design and construction of 
additions to the parking garage and certain site improvements, 
and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
      The amendment is as follows:
      Strike out all after the enacting clause and insert in 
lieu thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``John F. Kennedy Center Parking 
Improvement Act of 1997''.

SEC. 2. PARKING GARAGE ADDITIONS AND SITE IMPROVEMENTS.

  Section 3 of the John F. Kennedy Center Act (20 U.S.C. 76i) is 
amended--
          (1) by striking the section heading and all that follows 
        through ``The Board'' and inserting the following:

``SEC. 3. JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS.

  ``(a) In General.--The Board''; and
          (2) by adding at the end the following:
  ``(b) Parking Garage Additions and Site Improvements.--
          ``(1) In general.--Substantially in accordance with the plan 
        entitled `Site Master Plan--Drawing Number 1997-2 April 29, 
        1997,' and map number NCR 844/82571, the Board may design and 
        construct--
                  ``(A) an addition to the parking garage at each of 
                the north and south ends of the John F. Kennedy Center 
                for the Performing Arts; and
                  ``(B) site improvements and modifications.
          ``(2) Availability.--The plan shall be on file and available 
        for public inspection in the office of the Secretary of the 
        Center.
          ``(3) Limitation on use of appropriated funds.--No 
        appropriated funds may be used to pay the costs (including the 
        repayment of obligations incurred to finance costs) of--
                  ``(A) the design and construction of an addition to 
                the parking garage authorized under paragraph (1)(A);
                  ``(B) the design and construction of site 
                improvements and modifications authorized under 
                paragraph (1)(B) that the Board specifically designates 
                will be financed using sources other than appropriated 
                funds; or
                  ``(C) any project to acquire large screen format 
                equipment for an interpretive theater, or to produce an 
                interpretive film, that the Board specifically 
                designates will be financed using sources other than 
                appropriated funds.''.

SEC. 3. PEDESTRIAN AND VEHICULAR ACCESS.

  (a) Duties of the Board.--Section 4(a)(1) of the John F. Kennedy 
Center Act (20 U.S.C. 76j(a)(1)) is amended--
          (1) by striking ``and'' at the end of subparagraph (G);
          (2) by striking the period at the end of subparagraph (H) and 
        inserting ``; and''; and
          (3) by adding at the end the following:
                  ``(I) ensure that safe and convenient access to the 
                site of the John F. Kennedy Center for the Performing 
                Arts is provided for pedestrians and vehicles.''.
  (b) Powers of the Board.--Section 5 of such Act (20 U.S.C. 76k) is 
amended by adding at the end the following:
  ``(g) Pedestrian and Vehicular Access.--Subject to approval of the 
Secretary of the Interior under section 4(a)(2)(F), the Board shall 
develop plans and carry out projects to improve pedestrian and 
vehicular access to the John F. Kennedy Center for the Performing 
Arts.''.

SEC. 4. DEFINITION OF BUILDING AND SITE.

  Section 13 of the John F. Kennedy Center Act (20 U.S.C. 76s) and 
section 9(3) of the Act of October 24, 1951 (40 U.S.C. 193v), are each 
amended by inserting after ``numbered 844/82563, and dated April 20, 
1994'' the following: ``(as amended by the map entitled `Transfer of 
John F. Kennedy Center for the Performing Arts', numbered 844/82563A 
and dated May 22, 1997)''.

                          Purpose and Summary

    The purpose of this legislation is provide the Board of 
Trustees of the John F. Kennedy Center for the Performing Arts 
with the authority to design and construct additions to the 
parking garage; to make site improvements and modifications; 
and to develop plans and projects to improve pedestrian and 
vehicle access to the Center. The construction, site 
improvements and projects will serve to alleviate the parking 
shortage currently experienced by patrons of the facility, and 
improve security of the site.

                          Need for Legislation

    The John F. Kennedy Center for the Performing Arts is a 
national presidential monument and living memorial. The intense 
use and popularity of the Kennedy Center were not anticipated 
in the 1960's when the building was designed. The Kennedy 
Center hosts approximately 4 million visitors annually. The 
number of visitors and patrons to the Kennedy Center has far 
exceeded original estimations, and the parking capacity to 
accommodate such attendance is severely deficient. 
Additionally, the configuration of the traffic patterns at the 
entrance to the Kennedy Center pose security concerns to 
visitors. To permit the Board of Trustees of the Kennedy Center 
to address these concerns, Congressional action is necessary.
    Section 4 of the John F. Kennedy Center Act (P.L. 103-279), 
states that no changes may be made to the grounds of the 
Kennedy Center without the express approval of Congress and the 
Department of the Interior. This legislation provides the 
necessary Congressional approval for the Board to proceed with 
measures to expand the parking capacity and address the 
security risks by rerouting traffic patterns around the 
building. In addition, the legislation enables the Kennedy 
Center to update its film theater to accommodate large screen 
films and produce an interpretive film to enhance the 
monumental stature of the facility, with other than 
appropriated funds.
    Specifically, the legislation provides the Board with the 
authority to design and construct parking garage additions and 
site improvements in accordance with a site master plan which 
has been approved by the Secretary of the Interior by letter 
dated May 22, 1997. The parking garage additions will be 
financed through the issuance of industrial revenue bonds which 
will be repaid from the garage operating revenues of the 
expanded facility. The legislation explicitly prohibits the use 
of appropriated funds for the construction of the garage 
expansion, or repayment of the financing of the project. The 
current estimated cost is $25 million.
    Additionally, the legislation places a prohibition on the 
use of appropriated funds for any projects designated by the 
Board to purchase large-screen format equipment for the 
interpretive film theater or for the production of an 
interpretive film. These enhancements to the Kennedy Center 
will also be financed from the issuance of industrial revenue 
bonds, and the proceeds from the film presentation will be used 
to repay the bond debt. The current estimated cost of this 
project is $11 million.
    The legislation also provides the Board with the authority 
to develop plans and pursue projects to improve pedestrian and 
vehicle access to the Kennedy Center. In 1997, the Kennedy 
Center commissioned a security study which concluded that the 
most important measure to be taken to reduce the risk to the 
facility and its visitors was to alter the existing traffic 
patterns at the entrance to the facility. The projects to 
improve Kennedy Center access will change the existing traffic 
patterns thereby reducing the security concerns. The roadway to 
the Kennedy Center will be set back with two ``horseshoe'' 
drives for visitor drop-off, especially those arriving by bus. 
These projects are subject to the approval of the Secretary of 
the Interior in accordance with the John F. Kennedy Center Act. 
The Kennedy Center intends to finance these projects with 
capital improvement funds and Antiterrorism Supplemental (P.L. 
104-208) funds appropriated in FY 1997. The current estimated 
cost is $3 million.

                      Section-by-Section Analysis

Section 1. Short title

    This section provides the short title of the act as the 
``John F. Kennedy Center Parking Improvement Act of 1997.''

Section 2. Parking garage additions and site improvements

    This section amends Section 3 of the John F. Kennedy Center 
Act by redesignating the section heading and adding a 
subsection (b) which provides the John F. Kennedy Center Board 
of Trustees with the authority to design and construct a 
parking garage addition on the north and south ends of the 
building, and site improvements and modifications in accordance 
with a site master plan. The site master plan is to be on file 
for public inspection, in the office of the Secretary of the 
Kennedy Center. There are to be no appropriated funds to pay: 
(a) the costs associated with the design or construction of the 
parking facility; (b) for use in the design and construction of 
the site improvements and modifications specifically designated 
by the Board; or (c) for any project to acquire large screen 
format equipment for the interpretive theater or to produce an 
interpretive film, specifically designated by the Board to be 
financed by other than appropriated funds.

Section 3. Pedestrian and vehicular access

    Subsection (a) of this section amends Section 4(a)(1) of 
the John F. Kennedy Center Act by adding to the duties of the 
Board of Trustees the duty of ensuring safe and convenient 
access by pedestrians and vehicles to the Kennedy Center.
    Subsection (b) of this section amends Section 5 of the John 
F. Kennedy Center Act by adding a subsection (g) which directs 
the Board of Trustees, subject to approval by the Secretary of 
the Interior, to develop plans and carry out projects to 
improve pedestrian and vehicle access to the Kennedy Center.

Section 4. Definition of building and site

    This section amends Section 13 of the John F. Kennedy 
Center Act and the Relating to the Policing of Public Buildings 
and Grounds of the Smithsonian Institution and Its Constituent 
Bureaus Act (also known as the Act of October 24, 1951), by 
updating the description of the Kennedy Center site. -

                     Previous Legislative Activity

    H.R. 1747, the ``John F. Kennedy Center Parking Improvement 
Act of 1997,'' was introduced on May 22, 1997 by Congressman 
Bud Shuster and by Congressman James Oberstar. The bill was 
referred solely to the Committee on Transportation and 
Infrastructure, and in turn referred to the Subcommittee on 
Public Buildings and Economic Development. The Subcommittee 
held a hearing, amended the bill, and favorably reported the 
measure on June 4, 1997.

                        Committee Consideration

    Clause 2(l)(2) (A) and (B) of rule XI requires that a 
majority of a committee be present in order to report a 
measure; and that each committee report include the total 
number of votes cast for and against on each roll call vote on 
a motion to report the measure and the names of those members 
voting for and against. The Committee on Transportation and 
Infrastructure at a meeting on June 11, 1997, a quorum being 
present, unanimously approved H.R. 1747 by voice vote and 
ordered it reported.

                      Committee Oversight Findings

    Clause 2(l)(3)(A) of rule XI requires each committee report 
to contain oversight findings and recommendations required 
pursuant to clause 2(b)(1) of rule X. The Transportation and 
Infrastructure Committee has no specific oversight findings.

 Oversight Findings and Recommendations of the Committee on Government 
                          Reform and Oversight

    Clause 2(l)(3)(D) of rule XI requires each committee report 
to contain a summary of the oversight findings and 
recommendations made by the Government Reform and Oversight 
Committee pursuant to clause 4(c)(2) of rule X, whenever such 
findings have been timely submitted. The Committee on 
Transportation and Infrastructure has received no such findings 
or recommendations from the Committee on Government Reform and 
Oversight.

                        Committee Cost Estimate

    Clause 2(l)(3)(B) of rule XI requires each committee report 
that accompanies a measure providing new budget authority, new 
spending authority or changing revenues or tax expenditures to 
contain a cost estimate, as required by section 308(a)(1) of 
the Congressional Budget Act of 1974, as amended. H.R. 1747 
does not provide new budget authority, spending authority, or 
new credit authority as defined by that act; nor does it change 
revenues or tax expenditures.
    Clause 7(a) of rule XIII requires committees to include in 
reports accompanying measures their own estimate of the costs 
to be incurred by the United States by carrying out the 
legislation. The Committee on Transportation and Infrastructure 
adopts as its own, the cost estimate prepared by the Director 
of the Congressional Budget Office, pursuant to section 403 of 
the Congressional Budget Act of 1974.

                 Congressional Budget Office Estimates

    Clause 2(l)(3)(C) of rule XI requires each committee report 
accompanying a measure to include the estimate and comparison 
prepared by the Director of the Congressional Budget Office 
pursuant to section 403 of the Congressional Budget Act of 
1974, if timely submitted. The following is the Congressional 
Budget Office cost estimate:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 11, 1997.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1747, the John F. 
Kennedy Center Parking Improvement Act of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Christina 
Hawley Sadoti.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 1747--John F. Kennedy Center Parking Improvement Act of 1997

    H.R. 1747 would amend the John F. Kennedy Center Act to 
authorize the design and construction of additions to the 
parking garage and other site improvements at the John F. 
Kennedy Center for the Performing Arts. The bill would not 
allow appropriated funds to be used for these purposes. It also 
would prohibit the use of appropriated funds for any project to 
acquire large screen format equipment for an interpretive 
theatre.
    The Kennedy Center is an independently administered bureau 
of the Smithsonian Institution. Current budgetary practice 
allows the Smithsonian Institution and the Kennedy Center to 
establish non-budgetary accounts with funds derived from 
private sources. The Smithsonian and the Kennedy Center can 
spend these monies without appropriations action because the 
monies are not treated as federal funds. The Kennedy Center 
estimates that the costs of construction of the parking garage, 
site improvements, and the large screen format equipment will 
total $35 million. The Center anticipates that they will be 
able to issue tax-exempt industrial revenue bonds (IRBs) 
through the District of Columbia's IRB program to finance these 
projects. Recently, the Internal Revenue Service has ruled that 
agencies receiving federal funds can issue such bonds as long 
as the bonds are not backed by federal payments. Because no 
appropriated funds are to be used on these projects, and 
because of the Kennedy Center's special budgetary status, CBO 
estimates that there would be no federal costs to enacting H.R. 
1747.
    H.R. 1747 contains no new private-sector or 
intergovernmental mandates as defined under the Unfunded 
Mandates Reform Act of 1995 and would impose no costs on state, 
local, or tribal governments.
    This estimate was prepared by Christina Hawley Sadoti. This 
estimate was approved by Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                  Constitutional Authority Statement--

    Pursuant to clause (2)(l)(4) of rule XI of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under Article I, section 8 of the Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                       JOHN F. KENNEDY CENTER ACT

          * * * * * * *

            [john f. kennedy center for the performing arts

  [Sec. 3. The Board]

SEC. 3. JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS.

  (a) In General.--The Board shall construct for the 
Smithsonian Institution, with funds raised by voluntary 
contributions, a building to be designated as the John F. 
Kennedy Center for the Performing Arts on a site in the 
District of Columbia bounded by the Inner Loop Freeway on the 
east, the Theodore Roosevelt Bridge approaches on the south, 
Rock Creek Parkway on the west, New Hampshire Avenue and F 
Street on the north, which shall be selected for such purpose 
by the National Capital Planning Commission. The National 
Capital Planning Commission shall acquire by purchase, 
condemnation, or otherwise, lands necessary to provide for the 
John F. Kennedy Center for the Performing Arts and related 
facilities. Such building shall be in accordance with plans and 
specifications approved by the Commission of Fine Arts.
  (b) Parking Garage Additions and Site Improvements.--
          (1) In general.--Substantially in accordance with the 
        plan entitled ``Site Master Plan--Drawing Number 1997-2 
        April 29, 1997,'' and map number NCR 844/82571, the 
        Board may design and construct--
                  (A) an addition to the parking garage at each 
                of the north and south ends of the John F. 
                Kennedy Center for the Performing Arts; and
                  (B) site improvements and modifications.
          (2) Availability.--The plan shall be on file and 
        available for public inspection in the office of the 
        Secretary of the Center.
          (3) Limitation on use of appropriated funds.--No 
        appropriated funds may be used to pay the costs 
        (including the repayment of obligations incurred to 
        finance costs) of--
                  (A) the design and construction of an 
                addition to the parking garage authorized under 
                paragraph (1)(A);
                  (B) the design and construction of site 
                improvements and modifications authorized under 
                paragraph (1)(B) that the Board specifically 
                designates will be financed using sources other 
                than appropriated funds; or
                  (C) any project to acquire large screen 
                format equipment for an interpretive theater, 
                or to produce an interpretive film, that the 
                Board specifically designates will be financed 
                using sources other than appropriated funds.

SEC. 4. DUTIES OF THE BOARD.

  (a) Programs, Activities, and Goals.--
          (1) In general.--The Board shall--
                  (A) * * *
          * * * * * * *
                  (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[.]; and
                  (I) ensure that safe and convenient access to 
                the site of the John F. Kennedy Center for the 
                Performing Arts is provided for pedestrians and 
                vehicles.
          * * * * * * *

SEC. 5. POWERS OF THE BOARD.

  (a) * * *
          * * * * * * *
  (g) Pedestrian and Vehicular Access.--Subject to approval of 
the Secretary of the Interior under section 4(a)(2)(F), the 
Board shall develop plans and carry out projects to improve 
pedestrian and vehicular access to the John F. Kennedy Center 
for the Performing Arts.
          * * * * * * *

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 (as amended by the map entitled 
``Transfer of John F. Kennedy Center for the Performing Arts'', 
numbered 844/82563A and dated May 22, 1997), 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.
                              ----------                              


                SECTION 9 OF THE ACT OF OCTOBER 24, 1951

  Sec. 9. For the purpose of this Act ``buildings and grounds'' 
shall mean--
          (1) * * *
          * * * * * * *
          (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 (as 
        amended by the map entitled ``Transfer of John F. 
        Kennedy Center for the Performing Arts'', numbered 844/
        82563A and dated May 22, 1997), 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.
          * * * * * * *