[House Report 108-319]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-319

======================================================================



 
           JOHN F. KENNEDY CENTER REAUTHORIZATION ACT OF 2003

                                _______
                                

October 15, 2003.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 3198]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3198) to amend the John F. Kennedy 
Center Act to authorize appropriations for the John F. Kennedy 
Center for the Performing Arts, and for other purposes, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                       Purpose of the Legislation

    The purpose of this legislation is to authorize funding for 
the John F. Kennedy Center for the Performing Arts (Kennedy 
Center), authorize ongoing General Accounting Office review of 
construction projects at the Kennedy Center, and create a 
project management team to oversee construction of the plaza 
project.

                Background and Need for the Legislation

    Public Law 85-874 established the National Center for the 
Performing Arts in 1958. In 1964, Public Law 88-260 established 
the performing arts center as a living memorial to honor the 
late president by changing the name of the center to the John 
F. Kennedy Center for the Performing Arts. Edward Durell Stone 
designed the building, and in December 1965, President Lyndon 
Johnson broke ground for the Kennedy Center on a site located 
along the banks of the Potomac River. In 1971, the building 
opened to its first visitors.
    Established as a bureau of the Smithsonian Institution, the 
Kennedy Center came under the jurisdiction of the Department of 
Interior and was the responsibility of the National Park 
Service for the first 24 years of its operation. During this 
time, due mostly to lack of funding, the condition of the 
Kennedy Center's physical infrastructure was not properly 
monitored or maintained, such that by the early 1990's, there 
was a severe deterioration of many critical systems. Though 
established by an act of Congress, the Kennedy Center only 
receives federal funds for the repair and upkeep of the 
physical infrastructure of the building, and is required to 
raise private funds to support its artistic activities.
    The Kennedy Center building consists of 1.5 million square 
feet of usable floor space, on 17 acres of land adjacent to the 
Potomac River, bounded by the Rock Creek Parkway on the west 
and Potomac Freeway to the east. The building contains eight 
theaters with total seating capacity of 7,100 patrons, two 
public restaurant facilities, a gift shop, educational 
facilities, meeting rooms, rehearsal space, 1,400 parking 
spaces, and 50,000 square feet of administrative office space. 
Each year the Kennedy Center attracts millions of patrons to 
performances of every style and type to its many stages and 
venues. Through its outreach and education programs, the 
Kennedy Center has reached over five million schoolchildren in 
all 50 states and the District of Columbia.
    In 1994, during the course of its first independent 
authorization, several new requirements were placed upon the 
Kennedy Center. Included among them were the development of a 
Comprehensive Building Plan (CBP), a Master Plan for all 
facilities, as well as to conduct an engineering study of the 
existing facilities to determine their useful life and a 
timeline for expected replacement.
    As a result of this legislation, in 1996, the Kennedy 
Center developed a 10-year CBP that covered Fiscal Years 1999 
through 2008. The plan was submitted to Congress, however, only 
enough funds to complete the first five years of the plan were 
authorized. This plan was updated in 2002, and attempts to 
continue the work begun in the previous CBP. The current plan, 
like its predecessor, is organized into 6 major building 
components, which track similar budget categories, as well as a 
seventh budget category that addresses overall management. 
These 7 components include the exterior envelope; life safety 
and security; interior conditions; building systems/
infrastructure; memorial interpretation and visitor services; 
parking and site circulation; and comprehensive planning and 
project management.
    As currently drafted, the CBP envisions completion of 16 
major and a number of minor capital projects. Included in this 
are restoration of the existing curtain wall, renovation of the 
motor lobby and roof terrace, a number of security 
improvements, ADA, fire and life safety renovations to the 
theaters, restrooms and office space, elevator and escalator 
modernization, parking and site circulation improvements, in 
addition to a number of other renovations to the theaters, 
public areas, and building systems. The Kennedy Center 
estimates that completion of all of the projects identified by 
the CBP will cost just over $75 million for Fiscal Years 2004 
through 2008.
    At the request of the Subcommittee on Economic Development, 
Public Buildings and Emergency Management, General Accounting 
Office (GAO) completed a review of the garage construction 
project. This project was authorized by Public Law 105-95, and 
was designed to address a parking shortage at the Kennedy 
Center caused by increased attendance at Kennedy Center 
performances. When originally proposed, the project was 
estimated to cost $28 million. Of that $25 million was for 
construction of 900-1,100 parking spaces and $3 million for 
improvements to the grounds, and was to be completed by August, 
2000. As of September 2003, it is estimated that the project 
will cost $88 million, $45 million for construction of 525 
parking spaces and $43 million for improvements, and will not 
be completed until the summer of 2004.
    The GAO reviewed all aspects of this project and concluded 
that the Kennedy Center faces certain challenges in managing 
large construction projects. Yet, these challenges can be met 
by implementing comprehensive construction management policies 
and procedures, acquiring appropriately trained and experienced 
staff, and maintaining rigorous project management.
    In response to these concerns, Mr. Young of Alaska, Mr. 
Oberstar, Mr. LaTourette, and Mrs. Norton introduced H.R. 3198 
on September 30, 2003. This bill reauthorizes the capital 
program of the John F. Kennedy Center for the Performing Arts 
for three years and authorizes $53 million for maintenance, 
repair and alteration and $52 million for capital projects. The 
legislation also authorizes GAO to periodically review the 
capital program of the Kennedy Center to ensure effective 
project management.
    The bill also establishes a Plaza Project Team headed by a 
Project Director appointed by the Secretary of Transportation. 
The Kennedy Center Board will consult with the Project Team on 
decisions regarding construction of the buildings on the Plaza. 
Further, the Team will approve any decision by the Board which 
significantly affects the scope, cost, schedule, or engineering 
feasibility of the Project.

                       Summary of the Legislation


Section 1. Short title

    Section 1 provides that the short title for the legislation 
is the John F. Kennedy Center Reauthorization Act of 2003.

Section 2. Authorization of appropriations

    Section 2 of the act amends Section 13 of the John F. 
Kennedy Center Act (20 U.S.C. 76r) to authorize appropriations 
for maintenance, repair and security projects and for capital 
projects. Maintenance, repair, and security are authorized $17 
million for fiscal year 2004 and $18 million for each of fiscal 
years 2005 and 2006. Capital projects are authorized $16 
million for fiscal year 2004 and $18 million for each of fiscal 
years 2005 and 2006.

Section 3. John F. Kennedy Center Plaza

    Section 3 of the act amends Section 12(b) of the John F. 
Kennedy Center Act (20 U.S.C. 76q-1(b)) to create a Project 
Team. The Project Team will be established by the Secretary of 
Transportation and be composed of the Secretary, the 
Administrator of General Services, the Chairman of the Board or 
their designees; and such other individuals as the Secretary 
considers appropriate. The team will be headed by a Project 
Director, selected by the Secretary in consultation with the 
Administrator of General Services and the Chairman of the 
Board. The Project Director will report directly to the Project 
Team.
    The act also makes a number of additional changes to 
reflect the creation of the Project Team, and to ensure 
consultation by the Kennedy Center Board of Trustees with the 
Project Team on decisions related to the Plaza Project 
authorized by P.L. 107-224. It is not the intention of the 
Committee, however to take from the Board authority to 
construct, with non-appropriated funds, buildings on the plaza.
    The act also clarifies that notwithstanding section 5(e) of 
the act, any decision made by the Board that will significantly 
affect the scope, cost, schedule, or engineering feasibility of 
any element of the Plaza Project, other than buildings to be 
constructed on the plaza, are subject to the approval of the 
Project Team.
    Construction of the plaza and the buildings to be built on 
it are inherently interconnected. Changes to the buildings 
could have significant cost and schedule ramifications to the 
plaza. Giving the Project Team authority to approve decisions 
impacting the plaza project will ensure the timely and cost-
efficient completion of the project.
    Finally, the act allows for review of the management and 
oversight of the plaza project by the General Accounting Office 
(GAO) and specifies what areas the GAO should be looking at. 
The GAO will report back to the Committee periodically on their 
findings.

            Legislative History and Committee Consideration

    On September 30, 2003, Mr. Young of Alaska, Mr. Oberstar, 
Mr. LaTourette and Mrs. Norton introduced H.R. 3198, which was 
referred to the Committee on Transportation and Infrastructure. 
On October 1, 2003, the Full Committee met in open session and 
considered H.R. 3198. A motion by Mr. LaTourette to order H.R. 
3198 favorably reported to the House was agreed to unanimously, 
by voice vote with a quorum present. There were no recorded 
votes taken during consideration of H.R. 3198.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each rollcall vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no rollcall votes taken during consideration of H.R. 3198.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance with House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objective of this legislation are to 
improve the facilities of the John F. Kennedy Center for the 
Performing Arts and to improve the management of construction 
projects by creating a project team comprised of a broad range 
of individuals.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
3198 from the Director of the Congressional Budget Office.

                               Congressional Budget Office,
                                     U.S. Congress,
                                   Washington, DC, October 3, 2003.
Hon. Don Young,
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. 3198, the John F. 
Kennedy Center Reauthorization Act of 2003.
     If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Donna Wong, 
who can be reached at 226-2820.
            Sincerely,
                                     Elizabeth M. Robinson,
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 3198--John F. Kennedy Center Reauthorization Act of 2003

    Summary: H.R. 3198 would authorize funding for the John F. 
Kennedy Center for the Performing Arts through 2006. Such 
funding is currently authorized through October 31, 2003, by 
the Continuing Appropriations Act (Public Law 108-84).
    Authorizations under the bill total $33 million in 2004 and 
$105 million over the 2004-2008 period. CBO estimates that 
appropriation of the authorized levels would result in outlays 
of $97 million over the 2004-2008 period. Enacting H.R. 3198 
would not affect direct spending or receipts.
    H.R. 3198 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would have no effect on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3198 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--
                                                           -----------------------------------------------------
                                                              2003     2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law for the Kennedy Center:
    Budget Authority \1\..................................       34        0        0        0        0        0
    Estimated Outlays.....................................       36       18        9        6        0        0
Proposed Changes:
    Operation, Maintenance, Repair, and Security:
        Authorization Level...............................        0       17       18       18        0        0
        Estimated Outlays.................................        0       14       18       18        4        0
    Construction:
        Authorization Level...............................        0       16       18       18        0        0
        Estimated Outlays.................................        0        4        9       12       11        9
    Total Proposed Changes:
        Authorization Level...............................        0       33       36       36        0        0
        Estimated Outlays.................................        0       18       26       30       14        9
Total Spending Under H.R. 3198 for the Kennedy Center:
    Authorization Level...................................       34       33       36       36        0        0
    Estimated Outlays.....................................       36       35       36       36       14        9
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated that year for the John F. Kennedy Center for the Performing Arts,
  with $16 million provided for operations and $18 million for construction.

    Basis of Estimate: H.R. 3198 would authorize the 
appropriation of $17 million in 2004 and $18 million in each of 
the years 2005 and 2006 for operations, maintenance, repair, 
and security for the Kennedy Center. The bill would authorize 
the appropriation of $16 million in 2004 and $18 million in 
each of 2005 and 2006 for capital (construction) projects. 
Total funding for the 2004-2008 period would be $105 million, 
with resulting outlays of about $97 million over those five 
years. The estimated outlays reflect historical rates of 
spending for the Kennedy Center.
    Intergovernmental and private-sector impact: H.R. 3198 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would have no effect on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Donna Wong; Impact on 
State, Local, and Tribal Governments: Sarah Puro; and Impact on 
the Private Sector: Jean Talarico.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII 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.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local or 
tribal law. The Committee states that H.R. 3198 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) 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 italics, existing law in which no change 
is proposed is shown in roman):

JOHN F. KENNEDY CENTER ACT

           *       *       *       *       *       *       *



SEC. 12. JOHN F. KENNEDY CENTER PLAZA.

  (a) * * *
  (b) Responsibilities of the Secretary.--
          (1) * * *

           *       *       *       *       *       *       *

          (6) Project team.--
                  (A) Establishment.--To further construction 
                of the Project, the Secretary shall establish a 
                Project Team.
                  (B) Membership.--The Protect Team shall be 
                composed of the following members:
                          (i) The Secretary (or the Secretary's 
                        designee).
                          (ii) The Administrator of General 
                        Services (or the Administrator's 
                        designee).
                          (iii) The Chairman of the Board (or 
                        the Chairman's designee).
                          (iv) Such other individuals as the 
                        Secretary considers appropriate.
                  (C) Project director.--The Project Team shall 
                have a Project Director who shall be appointed 
                by the Secretary, in consultation with the 
                Administrator of General Services and the 
                Chairman of the Board. The Project Director 
                shall report directly to the Project Team.
  (c) Responsibilities of the Board.--
          (1) In general.--The Board, in consultation with the 
        Project Team, may undertake such activities as may be 
        necessary to construct buildings on the Plaza for the 
        Project.

           *       *       *       *       *       *       *

          (3) Construction of buildings.--The Board, in 
        consultation with the Project Team, may construct, with 
        non-appropriated funds, buildings on the Plaza for the 
        Project and shall be responsible for the planning, 
        design, engineering, and construction of the buildings.

           *       *       *       *       *       *       *

          (5) Approval by project team.--Notwithstanding 
        section 5(e), any decision by the Board that will 
        significantly affect the scope, cost, schedule, or 
        engineering feasibility of any element of the Project, 
        other than buildings to be constructed on the Plaza, 
        shall be subject to the approval of the Project Team.

           *       *       *       *       *       *       *

  (g) GAO Review.--
          (1) In general.--Until completion of the Project, the 
        Comptroller General shall review the management and 
        oversight of construction of the Project by the Board 
        and report periodically on the results of the review to 
        the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on 
        Environment and Public Works of the Senate.
          (2) Objectives.--In carrying out paragraph (1), the 
        Comptroller General shall assess the progress made by 
        the Board in achieving each of the following 
        objectives:
                  (A) Development and implementation of 
                adequate policies and procedures to guide the 
                planning and management of the Project.
                  (B) Receipt of timely construction data on 
                schedules and costs related to the Project.
                  (C) Improvement of human capital resources 
                and expertise in managing construction of the 
                Project.

SEC. 13. 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)--
          [(1) $13,000,000 for fiscal year 1999;
          [(2) $14,000,000 for each of fiscal years 2000 and 
        2001; and
          [(3) $15,000,000 for each of fiscal years 2002 and 
        2003.
  [(b) Capital Projects.--There are authorized to be 
appropriated to the Board to carry out subparagraphs (F) and 
(G) of section 4(a)(1)--
          [(1) $20,000,000 for each of fiscal years 1999, 2000, 
        and 2001;
          [(2) $19,000,000 for fiscal year 2002; and
          [(3) $17,000,000 for fiscal year 2003.]
  (a) Maintenance, Repair, and Security.--There are authorized 
to be appropriated to the Board to carry out section 
4(a)(1)(H)--
          (1) $17,000,000 for fiscal year 2004; and
          (2) $18,000,000 for each of fiscal years 2005 and 
        2006.
  (b) Capital Projects.--There are authorized to be 
appropriated to the Board to carry out subparagraphs (F) and 
(G) of section 4(a)(1)--
          (1) $16,000,000 for fiscal year 2004; and
          (2) $18,000,000 for each of fiscal years 2005 and 
        2006.

           *       *       *       *       *       *       *


                                
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