[House Report 110-480]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-480

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



 
           JOHN F. KENNEDY CENTER REAUTHORIZATION ACT OF 2007

                                _______
                                

 December 10, 2007.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 3986]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3986) 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

    H.R. 3986 amends the John F. Kennedy Center Act to 
authorize appropriations for the John F. Kennedy Center for the 
Performing Arts, and for other purposes.

                  Background and Need for Legislation

    In 1958, Congress authorized the construction of a National 
Cultural Center and provided a 17-acre site for the Center. In 
January 1964, Congress established the Center as a living 
memorial to President John F. Kennedy and renamed the Center as 
the John F. Kennedy Center for the Performing Arts (``Kennedy 
Center''). The Kennedy Center opened on September 8, 1971.
    Located in the District of Columbia, the Kennedy Center is 
the nation's busiest arts facility, presenting more than 3,000 
performances last year and hosting millions of visitors. The 
Kennedy Center also provides educational programs for teachers 
and students from pre-kindergarten through college across the 
United States. The Kennedy Center, which includes approximately 
1.5 million square feet of usable floor space, contains seven 
theaters, two public restaurants, nine function or special 
event rooms, five public assembly areas, including galleries, 
halls, and foyers, and approximately 55,000 square feet of 
office space. The sub-grade floors of the building include 
administrative offices, support spaces, and parking for 1,971 
cars.
    Initial funding for the construction of the building came 
through gifts, donations, and contributions in the amount of 
approximately $34.5 million, and Federal funds were first 
appropriated in 1971. Established as a bureau of the 
Smithsonian Institution, the Kennedy Center came under the 
jurisdiction of the Department of the 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 1990s, there was a severe deterioration of 
many critical systems. P.L. 103-279 transferred jurisdiction of 
the Kennedy Center from the National Park Service to the Board 
of Trustees. The maintenance needs of the Kennedy Center have 
continued to grow, requiring additional appropriations from 
Congress for costs related to maintenance and repair, as well 
as capital improvements.
    The fiscal year (``FY'') 2007 enacted funding levels for 
the Kennedy Center were $17.6 million for operations and 
maintenance and $12.8 million for construction, for a total of 
$30.4 million. As a result of the FY 2007 Continuing 
Resolution, the Kennedy Center had to shift several projects 
within its Comprehensive Building Plan to future years to keep 
the Eisenhower Theater renovation on schedule. For FY 2008, the 
President's budget requests $20 million for operations and 
$19.4 million for construction, for a total of $39.4 million.
    In 2007, the Kennedy Center updated its Comprehensive 
Building Plan. The 2006/2007 Comprehensive Building Plan 
(``CBP'') reviews the facility and systems, assesses progress 
against previous capital plans, and identifies efforts that are 
needed to maintain or renew the building. In addition, the CBP 
reviews the facility's compliance with current codes and 
standards to ensure that project planning keeps pace with any 
revisions to applicable codes and standards. The authorizations 
levels in the legislation are derived from the 2006/2007 
Comprehensive Building Plan.
    Over the past ten years, the priorities for Kennedy Center 
capital improvements were life safety and accessibility 
projects. With the pending completion of these projects, the 
current CBP emphasizes facility infrastructure. In some past 
projects, such as theater renovations, the mechanical and 
electrical infrastructure scope has been limited to replacement 
of renovated space. The primary building mechanical and 
electrical systems consist of original equipment and those 
elements not previously replaced are reaching the end of 
normative service life, are showing signs of failure or 
impending breakdown, or are deteriorating. The CBP includes 
systematic rehabilitation of these primary mechanical and 
electrical systems.

                       Summary of the Legislation


Section 1. Short title

    Section 1 designates the short title as the ``John F. 
Kennedy Center Reauthorization Act of 2007''.

Section 2. Technical amendment

    Section 2 amends section 2(a)(2)(J)(ii) of the John F. 
Kennedy Center Act (20 U.S.C. 76h(a)(2)(J)(ii)) by striking 
``Public Works and Transportation'' and inserting 
``Transportation and Infrastructure''.

Section 3. Photovoltaic system

    Section 3 amends The John F. Kennedy Center Act (20 U.S.C. 
76h et seq.) to add section 7 to the Act. This section 
authorizes the Board of Trustees to study, plan, design, 
engineer, and construct a photovoltaic system for the main roof 
of the Kennedy Center. This section also requires the Board to 
submit a report to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Environment and Public Works of the Senate on the 
feasibility and design of the project prior to beginning 
construction of the project.

Section 4. Authorization of appropriations

    Section 4(1) amends section 13 of the John F. Kennedy 
Center Act (20 U.S.C. 76r) to authorize appropriations to carry 
out maintenance, repair, and security projects for the Kennedy 
Center of $20.2 million for FY 2008, $21.8 million for FY 2009, 
and $22.5 million for FY 2010. This section also authorizes 
appropriations to carry out capital projects for the Kennedy 
Center of $23.15 million for FY 2008, $16 million for FY 2009, 
and $17 million for FY 2010.
    Section 4(2) authorizes such sums as may be necessary to 
carry out section 7 of the John F. Kennedy Center Act, which 
authorizes the Board of Trustees to study, plan, design, 
engineer, and construct a photovoltaic system for the main roof 
of the Kennedy Center.

Section 5. Existing authorities

    Section 5 provides that nothing in this Act shall limit or 
affect the authority or responsibility of the National Capital 
Planning Commission or the Commission of Fine Arts.

            Legislative History and Committee Consideration

    In the 108th Congress, Congress authorized appropriations 
for repairs, maintenance, security, and capital improvements 
for the Kennedy Center for fiscal years 2004 through 2007 (P.L. 
108-410). In the 109th Congress, Congress authorized additional 
appropriations for the John F. Kennedy Center for the 
Performing Arts for fiscal year 2007 (P.L. 109-306). This law 
increased the Kennedy Center's FY 2007 authorization levels to 
make them consistent with the President's budget request.
    On September 27, 2007, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing on the reauthorization of the Kennedy Center.
    On October 29, 2007, Chairman James L. Oberstar introduced 
H.R. 3986, the ``John F. Kennedy Center Reauthorization Act of 
2007''.
    On October 30, 2007, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management met to 
consider H.R. 3986 and recommended the bill favorably to the 
Committee on Transportation and Infrastructure by voice vote 
with a quorum present.
    On October 31, 2007 the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 3986. The 
Committee ordered the bill reported favorably to the House by 
voice vote with a quorum present.

                              Record 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 record 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. 
3986 reported. A motion to order H.R. 3986 reported favorably 
to the House was agreed to by voice vote with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(I) 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 in the report.
    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 objectives of this legislation are to 
authorize appropriations for the John F. Kennedy Center for the 
Performing Arts, and to authorize the Board of Trustees to 
study, plan, design, engineer, and construct a photovoltaic 
system for the main roof of the Kennedy Center.
    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 enclosed cost estimate for H.R. 3986 
from the Director of the Congressional Budget Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 20, 2007.
Hon. James L. Oberstar,
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. 3986, the John F. 
Kennedy Center Reauthorization Act of 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,
                                        Robert A. Sunshine,
                                   (For Peter R. Orszag, Director).
    Enclosure.

H.R. 3986--John F. Kennedy Center Reauthorization Act of 2007

    H.R. 3986 would authorize the appropriation of specified 
amounts for maintenance, repair, security and capital projects 
at the John F. Kennedy Center for the Performing Arts for 
fiscal years 2008, 2009, and 2010. In addition, H.R. 3986 would 
authorize the appropriation of such sums as may be necessary 
for the study, planning, and construction of a photovoltaic 
(solar panel) system for the main roof of the Kennedy Center. 
Based on the cost of similar projects for other federal 
buildings, CBO estimates that the system would cost about $6 
million, though costs could vary depending on the type of 
system chosen.
    Assuming appropriation of the specified and necessary 
amounts, CBO estimates that implementing H.R. 3986 would 
increase outlays by $24 million in 2008 and $118 million over 
the 2008-2012 period, as shown in the following table. The 
costs of this legislation fall within budget function 500 
(education, training, employment, and social services). 
Enacting the bill would not affect direct spending or revenues.

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2008    2009    2010    2011    2012
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Maintenance and Capital
 Projects:
    Authorization Level.........      43      38      40       0       0
    Estimated Outlays...........      23      31      35      74       9
Photovoltaic System:
    Estimated Authorization            6       0       0       0       0
     Level......................
    Estimated Outlays...........       1       3       2       0       0
Total Changes:
    Estimated Authorization           49      38      40       0       0
     Level......................
    Estimated Outlays...........      24      34      37      14       9
------------------------------------------------------------------------

    H.R. 3986 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would not affect 
the budgets of state, local, or tribal governments. The bill 
contains no new private-sector mandates as defined in UMRA.
    The CBO staff contact for this estimate is Christina Hawley 
Anthony. This estimate was approved by Peter H. Fontaine, 
Assistant Director for Budget Analysis.

                     Compliance With House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 3986 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI 
of the Rules of the House of Representatives.

                   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. 3986 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 italic, existing law in which no change is 
proposed is shown in roman):

JOHN F. KENNEDY CENTER ACT

           *       *       *       *       *       *       *


SEC. 2. BOARD OF TRUSTEES.

  (a) Establishment.--
          (1) * * *
          (2) Membership.--The Board shall be composed of--
                  (A) * * *

           *       *       *       *       *       *       *

                  (J)(i) * * *
                  (ii) the chairman and ranking minority member 
                of the Committee on [Public Works and 
                Transportation] Transportation and 
                Infrastructure of the House of Representatives; 
                and

           *       *       *       *       *       *       *


SEC. 7. PHOTOVOLTAIC SYSTEM.

  (a) In General.--The Board is authorized to study, plan, 
design, engineer, and construct a photovoltaic system for the 
main roof of the John F. Kennedy Center for the Performing 
Arts.
  (b) Report.--Not later than 60 days before beginning 
construction of the photovoltaic system pursuant to subsection 
(a), the Board shall submit a report to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate on the feasibility and design 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) $17,000,000 for fiscal year 2004;
          [(2) $18,000,000 for each of fiscal years 2005 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;
          [(2) $18,000,000 for each of fiscal years 2005 and 
        2006; and
          [(3) $20,000,000 for fiscal year 2007.]
  (a) Maintenance, Repair, and Security.--There are authorized 
to be appropriated to the Board to carry out section 
4(a)(1)(H)--
          (1) $20,200,000 for fiscal year 2008;
          (2) $21,800,000 for fiscal year 2009; and
          (3) $22,500,000 for fiscal year 2010.
  (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) $23,150,000 for fiscal year 2008;
          (2) $16,000,000 for fiscal year 2009; and
          (3) $17,000,000 for fiscal year 2010.

           *       *       *       *       *       *       *

  (d) Photovoltaic System.--There are authorized to be 
appropriated to the Board such sums as may be necessary to 
carry out section 7, with such sums to remain available until 
expended.
  [(d)] (e) 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), 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.

           *       *       *       *       *       *       *


                                  
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