[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.
* * * * * * *