[Senate Report 105-30]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 85
105th Congress                                                   Report
                                 SENATE

 1st Session                                                     105-30
_______________________________________________________________________


 
         JOHN F. KENNEDY CENTER PARKING IMPROVEMENT ACT OF 1997

                                _______
                                

    June 18 (legislative day, June 17), 1997.--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. 797]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 797), 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, reports favorably thereon 
and recommends that the bill do pass.

                           General Statement

    This legislation provides 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.

                               Background

    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. 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 
Kennedy Center's 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; or (b) for the design and construction of the 
site improvements and modifications specifically designated by 
the Board.

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. Limitation on use of appropriated funds

    This section amends Section 12 of the John F. Kennedy 
Center Act to prohibit the Kennedy Center from using 
appropriated funds to acquire large screen format equipment for 
an interpretive theater, for production of an interpretive 
film.

Section 5. 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.

                                Hearings

    No hearings were held on S. 797.

                             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 June 5, 1997, the committee met to consider the S. 797, 
which was ordered reported by voice vote. No rollcall votes 
occurred on the bill.

                    Evaluation of Regulatory Impact

    Section 11(b) of rule XXVI of the Standing Rules of the 
Senate requires publication in the report the committee's 
estimate of the regulatory impact of the bill as reported. The 
bill S. 797, as reported from the Committee on Environment and 
Public Works is expected to impose no regulatory impact.
    The bill will not affect the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee makes the following 
evaluation of the Federal mandates contained in the reported 
bill.
    S. 797, 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, June 11, 1997.
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. 797, 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'Neil,
                                                          Director.
            Enclosure.
                                ------                                

    S. 797--John F. Kennedy Center Parking Improvement Act of 
1997, as ordered by the Senate Committee on Environment and 
Public Works on June 5, 1997.
    S. 797 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 
theater.
    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 S. 
797.
    S. 797 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.

                        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 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:

                      TITLE 20. UNITED STATES CODE

Chapter 3.--SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES

      SUBCHAPTER V--JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

          * * * * * * *

Sec. 76i. Construction of building; fund raising; designation as John 
                    F. Kennedy Center for the Performing Arts; location 
                    and selection of site; acquisition of lands; plans 
                    and specifications

    [The Board]
    (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 the 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); or
                  (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.
          * * * * * * *

Sec. 76j. Duties of 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 
                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]
                (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[.] ; 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. 76k. Powers of Board

    (a) Solicitation and acceptance of gifts
          * * * * * * *
    (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. 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.
    (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.
    (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), for acquiring large screen 
format equipment for an interpretive theater, for production of 
an interpretive film, 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.
          * * * * * * *

                      TITLE 40, UNITED STATES CODE

Sec. 193v. ``Buildings and grounds'' defined

          * * * * * * *
    (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.