[Senate Report 114-254]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 465
114th Congress    }                                      {      Report
                                 SENATE
 2d Session       }                                      {     114-254

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



 
           JOHN F. KENNEDY CENTER REAUTHORIZATION ACT OF 2016

                                _______
                                

                  May 16, 2016.--Ordered to be printed

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2808]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 2808) to amend the John F. Kennedy Center 
Act to authorize appropriations for the John F. Kennedy Center 
for the Performing Arts, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                    General Statement and Background

    The Kennedy Center was established as the National Cultural 
Center when Congress passed the ``National Cultural Center 
Act.'' President Eisenhower signed the legislation in 1958 
which became Public Law 85-874. It has had successive 
authorizations adopted continually since that time. 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 Durrell 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.
    Today, the Kennedy Center is the nation's busiest 
performing arts center. The Kennedy Center hosts approximately 
3,000 events, and receives over 2 million visitors each year.
    The Center's statute mandates the inclusion of designated 
Members of Congress to provide full and appropriate oversight 
of the federal monies. The Speaker and Minority Leader of the 
House serve along with the leadership of the Center's 
authorizing Committee, Transportation and Infrastructure. Three 
additional members are appointed by the House leadership. So, 
too, the Senate Majority and Minority Leaders are members of 
the Board, along with the leadership of the Environment and 
Public Works Committee and three members appointed by the 
Senate leadership.
    These members are briefed on an ongoing basis regarding 
these federal appropriations to ensure both transparency and 
accountability.
    The Center's Board of Trustees raises the necessary private 
funds to support the programming at the Center. This is an 
ongoing annual effort to present a full range of programming in 
the fields of the performing arts, consistent with the 
Congressionally-proscribed mandate.
    The Board is prudent with federal funds and, in an effort 
to respect federal budget limitations, embarked on a capital 
campaign to create a much-needed expansion for the building to 
include education classrooms and additional public access to 
its programming. This expansion, solely funded with private 
dollars, was authorized by Congress in the authorization in 
2012 to ensure a full collaboration with Congress in the 
Center's efforts to fulfill and sustain its statutory mandate.

                     Objectives of the Legislation

    The John F. Kennedy Center Reauthorization Act of 2016 
authorizes appropriations for maintenance, repair, and 
security, as well as appropriations for capital projects each 
fiscal year from fiscal year 2017 until fiscal year 2020 for 
the John F. Kennedy Center for the Performing Arts.

                      Section-by-Section Analysis


Section 1. Short title

    This section provides that the Act may be cited as the 
``John F. Kennedy Center Reauthorization Act of 2016.''

Section 2. Authorization of appropriations

            Summary
    Section 2 authorizes $24 million for fiscal year 2017, $25 
million for each of fiscal years 2018 and 2019, and $26 million 
for fiscal year 2020 for maintenance, repair, and security. 
Section 2 also authorizes $13 million for each of fiscal years 
2017 and 2018, and $14 million for each of fiscal years 2019 
and 2020 for capital projects.
            Description
    This would authorize a total of $154 million over the next 
four fiscal years. In comparison to recent Kennedy Center 
authorization bills dating back to 2008, this amount is below 
those recently authorized levels. Specifically, the average 
annual authorized level under this bill is $38.5 million, a 
slight reduction from the recent average annual level of $38.6 
million.
    S. 2808 reduces capital funding in the first year of the 
bill, authorizing $13 million for capital projects, below the 
$14.74 million appropriated and the $15 million authorized for 
FY 2016. S. 2808 includes inflationary increases for 
maintenance, repair, and security, necessary to maintain the 
new expansion project which was solely funded with private 
dollars and authorized by Congress in 2012.
    Consistent with federal austerity measures, the Center has 
adapted to across-the-board reductions in its federal funds and 
has had to become even more stringent as it budgets for these 
necessary expenditures. These reductions are challenging 
because the federal funding supports fixed costs for 
electricity, security and other expenses, all of which are 
expected to rise with the cost of living over the coming years.
    Funds authorized in the legislation may only go towards the 
physical structure of the building--for the Operations and 
Maintenance and for Capital Repairs. These funds provide for 
the security of the building, electricity, building repairs and 
general upkeep. Federal funds may not be used for performing 
arts attractions, personnel or administration including 
production, fundraising marketing and ticket sales.

                          Legislative History

    On April 18, 2016, Senators Inhofe and Boxer introduced S. 
2808, a bill to reauthorize the John F. Kennedy Center for the 
Performing Arts. The Committee on Environment and Public Works 
met to consider S. 2808 on April 28, 2016. The bill was 
approved by voice vote.
    Previously, the Center received a one-year authorization 
for FY 2016, included in the omnibus appropriations bill for 
that fiscal year. This covered the first year of a five-year 
authorization bill (H.R. 1473), which was unanimously approved 
by the House Transportation and Infrastructure Committee in 
2015. S. 2808 would authorize the remaining four-years of that 
legislation, Fiscal Years 2017 through 2020, at the levels 
included in H.R. 1473.

                                Hearings

    No hearings were held on S. 2808.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 2808 on April 28, 2016. The bill was ordered 
favorably reported by a voice vote. No rollcall votes were 
taken.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 2808 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the privacy of individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 2808 would not 
impose federal intergovernmental unfunded mandates on State, 
local, or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

S. 2808--John F. Kennedy Center Reauthorization Act of 2016

    Summary: S. 2808 would amend the John F. Kennedy Center Act 
by authorizing appropriations for maintenance, repair, and 
security of the John F. Kennedy Center for the Performing Arts, 
as well as for capital projects for the center. Those 
activities were previously authorized through fiscal year 2014, 
and the Congress appropriated a total of $33 million in 2016 
for those activities.
    The bill would authorize additional appropriations totaling 
$154 million for fiscal years 2017 through 2020. Assuming 
appropriation of those amounts, CBO estimates that implementing 
S. 2808 would cost $146 million over the 2017-2021 period.
    Because enacting the bill would not affect direct spending 
or revenues, pay-as-you-go procedures do not apply. CBO 
estimates that enacting the bill would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    S. 2808 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary effects of S. 2808 are shown in the following table. 
The costs of this legislation fall within budget function 500 
(education, employment, training, and social services).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2017     2018     2019     2020     2021   2017-2021
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
John F. Kennedy Center Maintenance, Repair, and
 Security:
    Authorization Level.................................       24       25       25       26        0       100
    Estimated Outlays...................................       20       25       25       26        4       100
John F. Kennedy Center Capital Projects:
    Authorization Level.................................       13       13       14       14        0        54
    Estimated Outlays...................................        5        8       11       13        9        46
    Total Changes:
        Authorization Level.............................       37       38       39       40        0       154
        Estimated Outlays...............................       25       33       36       39       13       146
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: S. 2808 would reauthorize funding for 
the maintenance, repair, and security of the John F. Kennedy 
Center for the Performing Arts, as well as for capital projects 
for the Center. Funding for such activities totaled $37 million 
for fiscal year 2016.
    For this estimate, CBO assumes that S. 2808 will be enacted 
by October 1, 2016, and that the specified amounts will be 
appropriated for each year. The estimated outlays reflect 
historical spending patterns for the affected programs.
    Pay-As-You-Go considerations: None.
    Increase in long-term net direct spending and deficits: CBO 
estimates that enacting S. 2808 would not affect net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    Previous CBO estimates: On April 21, 2015, CBO transmitted 
an estimate for H.R. 1473, the John F. Kennedy Center 
Reauthorization Act of 2015, as ordered reported by the House 
Committee on Transportation and Infrastructure on April 15, 
2015. The two bills would authorize the same amounts for fiscal 
years 2017 through 2020. H.R. 1473 also authorized 
appropriations for 2016.
    Intergovernmental and private-sector impact: S. 2808 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal costs: Christina Hawley 
Anthony; Impact on state, local, and tribal governments: Jon 
Sperl; Impact on the private sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, 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:

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JOHN F. KENNEDY CENTER ACT

           *       *       *       *       *       *       *



SECTION 1. [20 U.S.C. 76H NOTE] SHORT TITLE AND FINDINGS.

  (a) Short Title.--This Act may be cited as the ``John F. 
Kennedy Center Act''.
  (b)* * *

           *       *       *       *       *       *       *


SEC. 13. [20 U.S.C. 76R] AUTHORIZATION OF APPROPRIATIONS.

  [(a) Maintenance, Repair, and Security.--There is authorized 
to be appropriated to the Board to carry out section 
4(a)(1)(H), $22,000,000 for fiscal year 2016.
  [(b) Capital Projects.-- There is authorized to be 
appropriated to the Board to carry out subparagraphs (F) and 
(G) of section 4(a)(1), $15,000,000 for fiscal year 2016.]
  (a) Maintenance, Repair, and Security.--There is authorized 
to be appropriated to the Board to carry out section 
4(a)(1)(H)--
          (1) $24,000,000 for fiscal year 2017;
          (2) $25,000,000 for fiscal year 2018;
          (3) $25,000,000 for fiscal year 2019; and
          (4) $26,000,000 for fiscal year 2020.
  (b) Capital Projects.--There is authorized to be appropriated 
to the Board to carry out subparagraphs (F) and (G) of section 
4(a)(1)--
          (1) $13,000,000 for fiscal year 2017;
          (2) $13,000,000 for fiscal year 2018;
          (3) $14,000,000 for fiscal year 2019; and
          (4) $14,000,000 for fiscal year 2020.

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