[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.
* * * * * * *