[Senate Report 105-215]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 413
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-215
_______________________________________________________________________


 
   JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS AUTHORIZATION ACT

                                _______
                                

                 June 12, 1998.--Ordered to be printed

_______________________________________________________________________


    Mr. Chafee, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2038]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 2038) to amend the John F. Kennedy Center 
Act to authorize appropriations for the John F. Kennedy Center 
for the Performing Arts, to further define the criteria for 
capital repair and operation and maintenance, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                           General Statement

    This legislation provides for the reauthorization of 
funding for the John F. Kennedy Center for the Performing Arts, 
and makes certain clarifications to existing law. The levels 
provided in this 5-year authorization are intended to allow the 
Center's Board of Trustees to continue the restoration and 
maintenance of the Center as outlined in the comprehensive 
building needs plan developed under the John F. Kennedy Center 
Act Amendments of 1994 (P.L. 103-279).

                               Background

    The 1958 National Cultural Center Act signed by President 
Eisenhower established a cultural center as an independently 
administered bureau of the Smithsonian Institution. In 1964, 
after President Kennedy's death, Congress renamed the Center in 
honor of the late president, and the John F. Kennedy Center for 
the Performing Arts opened in 1971 as a national presidential 
monument and living memorial.
    The Kennedy Center was opened to the public in September 
1971. After an overwhelming public response, the Board of 
Trustees of the Kennedy Center requested help from Congress in 
maintaining and operating the Center for the benefit of the 
millions of visitors. In response, Congress in 1972 authorized 
the National Park Service to provide maintenance, security, and 
other services necessary to maintain the facility. Over the 
next 2 decades (fiscal years 1972-1994), the Park Service 
received a total of $103 million in Federal appropriations 
earmarked for the maintenance and operation of this 
Presidential monument.
    The popularity of the Center has not waned in the years 
since its opening, with 4.5 million visitors now hosted by the 
Center each year. Such intensive public use has not been 
without consequence, however: by the early part of this decade, 
it had become clear that the facility--which had not seen 
comprehensive capital repair since its opening--had 
deteriorated significantly due to both usage and age. Those 
repairs that had taken place such as the 1977 repair of the 
leaking roof were undertaken in an ad-hoc manner, in response 
to imminent and threatening conditions. The Board of Trustees, 
with the support of Congress and the Administration, therefore 
set out to develop a more effective long-term approach to 
management of the facility, with one entity responsible for 
both the care of the physical plant and the staging of 
performance activities.
    This approach was codified in the John F. Kennedy Center 
Act Amendments (P.L. 103-279) approved by Congress and signed 
by the President in the summer of 1994. To consolidate physical 
plant and performance duties in one entity, the Act transferred 
all capital repair, operations, and maintenance 
responsibilities for the Center from the Park Service to the 
Board of Trustees. Accordingly, Section 7 of the legislation 
authorized for each of fiscal years 1995-1999 annual funding of 
$12 million for maintenance and $9 million for capital repair, 
with a prohibition on the use of appropriated funds for 
performance-related activities. To date, Congress has provided 
to the Board of Trustees an average appropriation of $10.7 
million per year for operations and maintenance and $9 million 
per year for capital projects.
    Section 4(a)(1)(F) of the 1994 Amendments also directed the 
Board of Trustees to develop, and update annually, a 
comprehensive, multi-year plan for the restoration and ongoing 
maintenance of the Kennedy Center. Consequently, the Board of 
Trustees in 1995 delivered a Comprehensive Building Plan, which 
set forth a 15-year, two-stage program for the remediation of 
substandard building conditions, as well as for future 
continuous maintenance. Since then, the Board of Trustees has 
provided Congress with annual updates of the Plan.
    The Plan's first phase (fiscal years 1995-1998) has 
concluded successfully. During Phase I, several major projects 
were completed. These include the installation of a new energy-
efficient heating and cooling system, the replacement of the 
leaking roof and roof terrace, and the major renovation of the 
Concert Hall (resulting in full accessibility for patrons with 
disabilities, improved egress for all patrons, and employment 
of new fire safety systems). The total appropriations allocated 
during this time for the Phase I capital work was $36.0 
million. For operations and maintenance--including utility and 
security costs, and general preventive maintenance--a total of 
$42.9 million was provided.
    Phase II of the Plan is scheduled to take place over the 
next 11 years (fiscal years 1999-2009). This stage will involve 
the massive ``Center Block'' project, during which the Opera 
House will be overhauled, new mezzanines and galleries will be 
installed in the Hall of Nations and the Hall of States, and 
visitor services and accompanying support facilities will be 
relocated and reconstructed. In addition, there will be major 
projects to make improvements to the plaza, improve 
accessibility to the theaters, install fire and other safety 
technology, and make a host of other repairs designed to ensure 
that the facility meets life safety standards. Finally, the 
backlog of minor repairs now estimated at $9.5 million is 
scheduled to be eliminated, thus allowing for future ``steady 
state'' operation and maintenance of the facility. Over this 
11-year period, Phase II capital costs are estimated at $171 
million, and operations and maintenance costs at $173 million.
    The 1994 Amendments provided for a 5-year authorization of 
federal appropriations between fiscal years 1995-1999. However, 
in light of the schedule of the Phase II work, and the need for 
increased operations and maintenance funding, Congressional 
reauthorization prior to the expiration of the current 
authorization is necessary.
    Toward that end, on February 23, 1998, the President of the 
Kennedy Center transmitted to the authorizing committees of 
Congress draft legislation to reauthorize and revise the 
Federal appropriations levels for the Kennedy Center through 
fiscal year 2009. On May 6, 1998, Environment and Public Works 
Committee Chairman Chafee, joined by Ranking Member Baucus and 
Subcommittee on Transportation and Infrastructure Chairman 
Warner, introduced the Administration proposal (S. 2038) by 
request. The bill was considered by the full committee on May 
21, amended, and reported favorably.
    As amended, S. 2038 provides the necessary Congressional 
authorization for the Board of Trustees to continue the ongoing 
restoration and maintenance work envisioned for the Phase II 
time period. Specifically, the legislation authorizes funding 
for fiscal years 1999-2003. Additionally, the bill makes 
technical corrections to the underlying statute, and deletes an 
audit requirement that no longer serves a useful purpose. A 
section-by-section analysis follows.

                      Section-by-Section Analysis

Section 1. Short title
    This section provides that the short title of the bill 
shall be the ``John F. Kennedy Center for the Performing Arts 
Authorization Act.''
Section 2. Capital Repair Duties
    This section amends and updates Section 4(a)(1)(G) 
(pertaining to capital repair duties) of the John F. Kennedy 
Center Act to clarify such responsibilities to ensure that the 
functionality of the building is maintained at current 
standards of life, safety, security, and accessibility. The 
language also eliminates the reference added by the 1994 
Amendments to the building site as it was in existence on July 
21, 1994, thus allowing the Board of Trustees to make capital 
repairs to the site features that subsequently have changed.
Section 3. Operation and Maintenance Duties
    This section amends and updates Section 4(a)(1)(H)(ii) 
(pertaining to operations and maintenance duties) of the John 
F. Kennedy Center Act to eliminate the reference to the 
building site as it was in existence on July 21, 1994, thereby 
allowing the Board of Trustees to carry out operations and 
maintenance for site features that subsequently have changed.
Section 4. Audit Requirement
    This section deletes the existing requirement that the 
General Accounting Office (GAO) conduct an audit of the Kennedy 
Center's accounts every 3 years. This audit requirement is 
unnecessary and duplicative, as the Board of Trustees already 
conducts an annual audit under current law. GAO has requested 
that Congress relieve it of this duty (see GAO Report GAO/GGD-
97-161, August 1997).
    S. 2038 as introduced contained no provision relating to 
the audit requirement. During committee consideration, the 
chairman offered a substitute amendment that added this section 
to the bill. The amendment was adopted by unanimous consent.
Section 5. Authorization of Appropriations
    This section establishes new and increasing authorization 
levels for operations and maintenance and capital repair, in 
line with the work foreseen in the Comprehensive Building Plan. 
Operations and maintenance funding levels are authorized at $13 
million for fiscal year 1999; $14 million for each of fiscal 
years 2000 and 2001; and $14.5 million for fiscal year 2002. 
The gradual increase in the authorization for maintenance funds 
is intended to address increases in costs for security, 
housekeeping, and utility costs, and also to eliminate minor 
repair backlog.
    With regard to capital projects, front-loaded but declining 
authorization levels are provided to carry out Phase II work in 
a manner that provides maximum economy while staying within the 
Plan's projected $171 million total Phase II costs. Funding for 
capital projects is authorized at $20 million for each of 
fiscal years 1999, 2000, and 2001; $19 million for fiscal year 
2002; and $17 million for fiscal year 2003.
    S. 2038 as introduced provided for an authorization period 
of 11 years. The chairman's substitute amendment offered during 
committee consideration reduced the authorization period from 
11 years to 5 years. A 5-year authorization allows the Board of 
Trustees to move forward with Phase II work, while ensuring 
appropriate committee oversight and progress review. The 
amendment was adopted by unanimous consent.

                                Hearings

    No hearings were held on S. 2038.

                             Rollcall Votes

    Section 7(b) of rule XXVI of the Standing Rules of the 
Senate and the rules of the Committee on Environment and Public 
Works require that any rollcall votes taken during 
consideration of legislation be noted in the report.
    On May 21, 1998, the committee met to consider S. 2038. The 
chairman offered an amendment in the nature of a substitute, 
which was adopted by unanimous consent. The committee then 
approved S. 2038, as amended, by voice vote. No rollcall votes 
occurred on the bill.

                           Regulatory Impact

    Section 11(b) of rule XXVI of the Standing Rules of the 
Senate requires publication in the report of the committee's 
estimate of the regulatory impact of the bill as reported. S. 
2038, as reported, is expected to impose no regulatory impact. 
This bill will not affect the personal privacy of individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(P.L. 104-4), the committee makes the following evaluation of 
the Federal mandates contained in the reported bill. S. 2038, 
as reported, imposes no Federal intergovernmental mandates on 
State, local, or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of a reported 
bill, prepared by the Congressional Budget Office, be included 
in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 22, 1998.

Hon. John H. Chafee, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2038, the John F. 
Kennedy Center for the Performing Arts Authorization Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Christina 
Hawley Sadoti, who can be reached at 226-2820.

            Sincerely,
                                           June E. O'Neill,
                                                          Director.
                                ------                                


               Congressional Budget Office Cost Estimate

    S. 2038, John F. Kennedy Center for the Performing Arts 
Authorization Act
    Summary: S. 2038 would provide additional authorizations in 
the amount of $146 million for capital projects, operations, 
and maintenance at the John F. Kennedy Center for the 
Performing Arts for fiscal years 1999 through 2003. Because S. 
2038 would not affect direct spending or receipts, pay-as-you-
go procedures would not apply.
    S. 2038 contains no intergovernmental or private sector-
mandates as defined in the Unfunded Mandates Reform Act (UMRA), 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated Cost to the Federal Government: The estimated 
budgetary impact of S. 2038 is shown in the following table.
    The costs of this legislation fall within budget function 
500 (education, training, employment, and social services).

                                                                                                                
                                     By fiscal year, in millions of dollars                                     
----------------------------------------------------------------------------------------------------------------
                                                                   1998    1999    2000    2001    2002    2003 
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION                                                                               
Authorizations Under Current Law:                                                                               
    Authorization Levels........................................      20      21       0       0       0       0
    Estimated Outlays...........................................      18      20       9       4       3      10
Proposed Changes:                                                                                               
    Authorization Levels........................................      --      12      34      34      34      32
    Estimated Outlays...........................................      --       4      19      26      30      33
Authorizations Under S. 2038:                                                                                   
    Authorization Levels........................................      20      33      34      34      34      32
    Estimated Outlays...........................................      18      24      29      30      33      34
----------------------------------------------------------------------------------------------------------------

    Basis of Estimate: S. 2038 would amend the John F. Kennedy 
Center Act to reauthorize appropriations for the John F. 
Kennedy Center. The bill would authorize spending on 
maintenance, repair, and security at $13 million for 1999, $14 
million for each of fiscal years 2000 amd 2001, and $15 million 
for each of fiscal years 2002 and 2003. Capital projects would 
be authorized at $20 million annually for fiscal years 1999-
2001, $19 million for fiscal year 2002, and $17 million for 
fiscal year 2003. Currently these function are authorized 
through fiscal year 1999 maintenance,, repair and security at 
$12 million and capital projects at $9 million. Thus, enactment 
of S. 2038 would result in a net increase in authorizations of 
$12 million for fiscal year 1999 and $146 million over the 
1999-2003 period. Assuming that the amounts authorized are 
appropriated and that spending follows historical outlay 
patterns, S. 2038 would result in increased outlays of $112 
million during fiscal years 1999-2003.
    Pay-As-You-Go Considerations: None.
    Intergovernmental and Private-Sector Impact: S. 2038 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act of 1995 and would 
not affect the budgets of state, local, or tribal governments.
    Previous CBO Estimate: On May 6, 1998, CBO prepared an 
estimate for H.R. 3504, the John F. Kennedy Center for the 
Performing Arts Authorization Act of 1998. The estimates of 
spending under H.R. 3504 and S. 2038 are identical.
    Estimate Prepared by: Federal Cost: Christina Hawley Sadoti 
(226-2820); Impact on State, Local, and Tribal Governments: 
Marc Nicole (225-3220); Impact on the Private Sector: Jean 
Wooster (226-2940).
    Estimate Approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: existing law as proposed to 
be omitted is enclosed in [bold brackets]; new matter proposed 
to be added to existing law is printed in italic; and existing 
law in which no change is proposed is shown in roman.

                United States Code--Title 20--Education

      Chapter 3--Smithsonian Institution, National Museums and Art

Subchapter V--John F. Kennedy Center for the Performing Arts

           *       *       *       *       *       *       *


Sec. 76j. Duties of 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 July 21, 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 
                July 21, 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]
                    (G) with respect to the building and site 
                of the John F. Kennedy Center for the 
                Performing Arts, plan, design, and construct 
                each capital repair, replacement, improvement, 
                rehabilitation, alteration, or modification 
                necessary to maintain the functionality of the 
                building and site at current standards of life, 
                safety, security, and accessibility; 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 July 21, 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.]
                            (ii) with respect to the building 
                        and site of the John F. Kennedy Center 
                        for the Performing Arts, all necessary 
                        maintenance, repair, and alteration of, 
                        and all janitorial, security, and other 
                        services and equipment necessary for 
                        the operations of, the building and 
                        site, in a manner consistent with 
                        requirements for high quality 
                        operations.
            (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 subchapter. 
                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.
                    (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 
                subchapter, 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 
                July 21, 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.
    (b) Restriction on additional memorials--
            (1) Except as provided in paragraph (2) of this 
        subsection, the Board shall assure that after December 
        2, 1983, no additional memorials or plaques in the 
        nature of memorials shall be designated or installed in 
        the public areas of the John F. Kennedy Center for the 
        Performing Arts.
            (2) Paragraph (1) of this subsection shall not 
        apply to--
                    (A) any plaque acknowledging a gift from a 
                foreign country;
                    (B) any plaque on a theater chair or a 
                theater box acknowledging the gift of such 
                chair or box; and
                    (C) any inscription on the marble walls in 
                the north or south galleries, the Hall of 
                States, or the Hall of Nations acknowledging a 
                major contribution; which plaque or inscription 
                is permitted under policies of the Board in 
                effect on December 2, 1983.
            (3) For purposes of this subsection, testimonials 
        and benefit performances shall not be construed to be 
        memorials.

           *       *       *       *       *       *       *

Sec. 76l. Official seal, Board vacancies and quorum, trustee powers and 
        obligations, reports, support services, and review and audit
    (a) Adoption of seal; Board function notwithstanding 
vacancies; quorum--.The Board is authorized to adopt an 
official seal which shall be judicially noticed and to make 
such bylaws, rules, and regulations, as it deems necessary for 
the administration of its functions under this subchapter, 
including, among other matters, bylaws, rules, and regulations 
relating to the administration of its trust funds and the 
organization and procedure of the Board. The Board may function 
notwithstanding vacancies and twelve members of the Board shall 
constitute a quorum for the transaction of business.
    (b) Powers and obligations of Board in respect of trust 
funds--.The Board shall have all the usual powers and 
obligations of a trustee in respect of all trust funds 
administered by it.
    (c) Annual report of operations and finances--.The Board 
shall submit to the Smithsonian Institution and to Congress an 
annual report of the operations of the Board under this 
subchapter, including a detailed statement of all public and 
private moneys received and disbursed by it.
    [(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 subchapter.]
    [(e)](d) Inspector General--.The functions of the Board 
funded by funds appropriated pursuant to section 76r of this 
title shall be subject to the requirements for a Federal entity 
under the Inspector General Act of 1978 (5 U.S.C. App.). 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)] (e) 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), 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, 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, 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 for disability or death resulting from personal 
        injury sustained while in the performance of the duties 
        of the employee for the Board.

           *       *       *       *       *       *       *

Sec. 76r. Authorization of appropriations
    [(a) Maintenance, repair, and security--.There are 
authorized to be appropriated to the Board to carry out section 
76j(a)(1)(H) of this title $12,000,000 for each of fiscal years 
1995 through 1999.]
    (a) Maintenance, repair, and security.--There are 
authorized to be appropriated to the Board to carry out section 
4(a)(1)(H) $13,000,000 for fiscal year 1999, $14,000,000 for 
each of fiscal years 2000 and 2001, $15,000,000 for each of 
fiscal years 2002 and 2003, $16,000,000 for each of fiscal 
years 2004 and 2005, $17,000,000 for each of fiscal years 2006 
and 2007, and $18,000,000 for each of fiscal years 2008 and 
2009.
    [(b) Capital projects--.There are authorized to be 
appropriated to the Board to carry out subparagraphs (F) and 
(G) of section 76j(a)(1) of this title $9,000,000 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) $20,000,000 for each of fiscal years 
1999, 2000, and 2001, $19,000,000 for fiscal year 2002, 
$17,000,000 for fiscal year 2003, $16,000,000 for fiscal year 
2004, $13,000,000 for fiscal year 2005, $13,000,000 for fiscal 
year 2006, $12,000,000 for fiscal year 2007, $11,000,000 for 
fiscal year 2008, and $10,000,000 for fiscal year 2009.
    (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.


                             
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