[House Report 109-514]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-514

======================================================================
 
    JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS FISCAL YEAR 2007 
                             AUTHORIZATION

                                _______
                                

 June 20, 2006.--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. 5187]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5187) to amend the John F. Kennedy 
Center Act to authorize additional appropriations for the John 
F. Kennedy Center for the Performing Arts for fiscal year 2007, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                       Purpose of the Legislation

    The purpose of H.R. 5187 is to amend the John F. Kennedy 
Center Act (P.L. 108-410) to authorize additional 
appropriations for the John F. Kennedy Center for the 
Performing Arts for fiscal year 2007.

                Background and Need for the Legislation

    H.R. 5187, to amend the John F. Kennedy Center Act to 
authorize additional appropriations for the John F. Kennedy 
Center for the Performing Arts for fiscal year 2007 was 
introduced by Mr. Oberstar and Mr. Young on April 25, 2006. 
H.R. 5187 authorizes a slight increase in authorization levels 
for the capital projects, and the maintenance, repair, and 
security accounts for the John F. Kennedy Center for the 
Performing Arts. This increase aligns the authorized level with 
that requested in the President's Budget for fiscal year 2007.

            Legislative History and Committee Consideration

    No hearings were held in conjunction with ordering reported 
H.R. 5187.
    On May 17, 2006, the Full Committee met in open session and 
considered H.R. 5187. A motion by Mr. Shuster to approve and 
favorably report to the House H.R. 5187 was agreed to by voice 
vote by the Full Committee, with a quorum present. There were 
no recorded votes taken during Committee consideration of H.R. 
5187.

                       Summary of the Legislation

    H.R. 5187 amends the John F. Kennedy Center Act (P.L. 108-
410) to authorize additional appropriations for the John F. 
Kennedy Center for the Performing Arts for fiscal year 2007. 
The bill raises the previously authorized level for fiscal year 
2007 for the operations and maintenance account from 
$18,000,000 to $19,100,000 and the capital projects account 
from $18,000,000 to $20,000,000. This increase aligns the 
authorized level with that requested in the President's Budget 
for FY 2007.

                             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 recorded votes taken in connection with ordering H.R. 
5187 favorably reported to the House.

                      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 
included in the legislation.
    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. 
5187 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 2, 2006.
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. 5187, a bill to 
amend the John F. Kennedy Center Act to authorize additional 
appropriations for the John F. Kennedy Center for the 
Performing Arts for fiscal year 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Christina 
Hawley Anthony.
            Sincerely,
                                          Donald B. Marron,
                                                   Acting Director.
    Enclosure.

H.R. 5187--A bill to amend the John F. Kennedy Center Act to authorize 
        additional appropriations for the John F. Kennedy Center for 
        the Performing Arts for fiscal year 2007

    H.R. 5187 would amend the John F. Kennedy Center Act by 
increasing authorizations for fiscal year 2007 for operations 
and maintenance and for capital projects at the John F. Kennedy 
Center for the Performing Arts. Assuming appropriation of the 
authorized amounts, outlays for those purposes would increase 
by $3 million over the 2007-2011 period. Enacting the bill 
would not affect direct spending or revenues.
    Under current law, funding for operations and maintenance 
and for capital projects are each authorized at $18 million for 
fiscal year 2007. H.R. 5187 would increase authorizations for 
operations and maintenance to $19.1 million, and would increase 
authorizations for capital projects to $20 million. (Those 
activities received appropriations for 2006 of $18 million and 
$13 million, respectively.)
    H.R. 5187 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Christina Hawley 
Anthony. This estimate was 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. 5187 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 were 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 italic, existing law in which no change is 
proposed is shown in roman):

              SECTION 13 OF THE JOHN F. KENNEDY CENTER ACT

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) $17,000,000 for fiscal year 2004; [and]
          (2) $18,000,000 for each of fiscal years 2005[, 2006, 
        and 2007.] and 2006; and
          (3) $19,100,000 for fiscal year 2007.
  (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[, 2006, 
        and 2007.] and 2006; and
          (3) $20,000,000 for fiscal year 2007.

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