[House Report 105-513]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-513
_______________________________________________________________________


 
   AUTHORIZING USE OF CAPITOL GROUNDS FOR PERFORMANCES SPONSORED BY 
                             KENNEDY CENTER

                                _______
                                

 May 6, 1998.--Referred to the House Calendar and ordered to be printed

_______________________________________________________________________


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

                              R E P O R T

                    [To accompany H. Con. Res. 265]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the concurrent resolution (H. Con. Res. 265) 
authorizing the use of the East Front of the Capitol Grounds 
for performances sponsored by the John F. Kennedy Center for 
the Performing Arts, having considered the same, report 
favorably thereon without amendment and recommend that the 
concurrent resolution do pass.

                          PURPOSE AND SUMMARY

    House Concurrent Resolution 265 authorizes the use of the 
Capitol Grounds for performances by the Millennium Stage of the 
John F. Kennedy Center for the Performing Arts. The 
performances are to run on Tuesdays and Thursdays beginning on 
May 12 through September 30, 1998, when Congress is in session, 
or on such other dates as the Speaker of the House of 
Representatives and the Senate Committee on Rules and 
Administration may jointly designate. The stage for the 
performances is to be located on the East Front of the Capitol.
    The resolution also authorizes the Architect of the Capitol 
and the Capitol Police Board to take such actions and prescribe 
such conditions as necessary for carrying out the performances 
in complete compliance with the rules and regulations governing 
the use of the Capitol Grounds. The Architect of the Capitol 
will also assume some of the expenses associated with the 
performances including the rental cost of certain musical 
instruments and sound amplification equipment.
    The performances will be open to the public and free of 
charge, and the sponsor will assume full responsibility for all 
liabilities incident to all activities associated with the 
performances. In addition, sales, advertisements, and 
solicitations, are explicitly prohibited on the Capitol Grounds 
for this event.
    The use of the Capitol Grounds for this activity is unique. 
The performances are to continue over a period of time; and 
expenses in connection with the performances are to be shared 
by the sponsor of the event and the Architect of the Capitol. 
These arrangements are warranted in this circumstance due to 
the unique mission of the Kennedy Center, as articulated in its 
enabling legislation. The Kennedy Center is charged with the 
mission of ``developing and maintaining a leadership role in 
national performing arts education policy and programs [and] * 
* * a comprehensive and broad program for national and 
community outreach. * * *'' By permitting the Millennium Stage 
to perform on the grounds of the Capitol as proscribed in this 
resolution, the Congress is assisting the Kennedy Center in 
fulfilling its mission.

                        COMPLIANCE WITH RULE XI

    Pursuant to clause 2(l)(3) of rule XI of the Rules of the 
House of Representatives:
    (A) The Committee did not hold hearings on the resolution 
and therefore have no oversight findings or recommendations 
pursuant to clause 2(b)(1) of rule X of the Rules of the House 
of Representatives.
    (B) The requirements of section 308(a)(1) of the 
Congressional Budget Act of 1974 are not applicable to this 
legislation since it does not provide new budget authority or 
new or increased tax expenditures.
    (C) The Committee has received no report from the Committee 
on Government Reform and Oversight of oversight findings and 
recommendations pursuant to clause 4(c)(2) of rule X of the 
Rules of the House of Representatives.
    (D) The estimate and comparison prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974, is as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 6, 1998.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H. Con. Res. 265, a 
concurrent resolution authorizing the use of the east front of 
the Capitol grounds for performances sponsored by the John F. 
Kennedy Center for the Performing Arts.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is John R. 
Righter.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclsoure.

               Congressional Budget Office Cost Estimate

H. Con. Res. 265--Authorizing the use of the east front of the Capitol 
        grounds for performances sponsored by the John F. Kennedy 
        Center for the Performing Arts

    H. Con. Res 265 would authorize the John F. Kennedy Center 
for the Performing Arts to sponsor performances on the east 
front of the Capitol grounds through September 30, 1998. The 
resolution would require that the Speaker of the House of 
Representatives and the Senate Committee on Rules and 
Administration jointly approve any performance dates and times. 
Under the resolution, the Center would assume full 
responsibility for all liabilities associated with the event. 
CBO estimates that passage of H. Con. Res. 265 would result in 
no significant cost to the federal government. The resolution 
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply.
    The Unfunded Mandates Reform Act of 1995 does not apply to 
House concurrent resolutions.
    The CBO staff contact for this estimate is John R. Righter. 
The estimate was approved by Robert A. Sunshine, Deputy 
Assistant Director for Budget Analysis.

                   CONSTITUTIONAL AUTHORITY STATEMENT

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

                        COST OF THE LEGISLATION

    Clause 7 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.

                       COMMITTEE ACTION AND VOTE

    In compliance with clause 2(l)(2)(A) and (B) of rule XI of 
the Rules of the House of Representatives, at a meeting of the 
Committee on Transportation and Infrastructure on May 6, 1998, 
a quorum being present, House Concurrent Resolution 265 was 
unanimously approved by a voice vote and ordered reported.

                                
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