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[Senate Report 110-406]
[From the U.S. Government Publishing Office]

110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-406

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           JOHN F. KENNEDY CENTER REAUTHORIZATION ACT OF 2008

                                        
                                        
                                  _____
                                

                 June 27, 2008.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        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 Environment and Public Works, to which 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, reports favorably thereon, with an 
amendment in the nature of a substitute and recommends that the 
bill, as amended, do pass.

                      Purposes of the Legislation

    The John F. Kennedy Center Reauthorization Act of 2008 (the 
Act) amends the John F. Kennedy Center Act to authorize 
appropriations for the John F. Kennedy Center for the 
Performing Arts, and for other purposes.

                    General Statement and Background

    Public Law 85-874 established a National Cultural Center in 
1958. 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 Durell 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.
    The Kennedy Center is located on 17 acres of land adjacent 
to the Potomac River. Each year it attracts millions of patrons 
to performances on its many stages and venues. Through its 
outreach and education programs, the Kennedy Center reaches 
more than 7 million people nationwide each year.
    Though established by an act of Congress, the Kennedy 
Center only receives Federal funds for the repair and upkeep of 
the physical infrastructure of the building, and is required to 
raise private funds to support its artistic activities.
    The Kennedy Center requested the committee to authorize for 
capital projects $23.15 million for fiscal year 2008, $16 
million for fiscal year 2009, $17 million for 2010 and 2011, 
and $18.5 million for fiscal year 2012. For maintenance, 
repair, and security the Kennedy Center requested sums of $20.2 
million for fiscal year 2008, $21.8 million for fiscal year 
2009, $22.5 million for fiscal year 2010, $23.5 million for 
fiscal year 2011, and $24.5 million for fiscal year 2012.
    On December 12, 2007, after favorable action by the House 
Committee on Transportation and Infrastructure and the House of 
Representatives, the bill was received, read twice and referred 
to the Senate Committee on Environment and Public Works.

                      Section-by-Section Analysis

Section 1. Short title

    Section 1 designates the short title as the `John F. 
Kennedy Center Reauthorization Act of 2008'.

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.
    The Kennedy Center possesses a very large flat four-acre 
roof, presenting an opportunity for the installation of 
photovoltaics (PV) as an alternate source of electricity for 
the facility. The Center estimates that an investment of 
approximately $6 million would be required to install PV on all 
of the available roof area, yielding a savings of approximately 
$10.2 million over 25 years. Actual installation would depend 
upon confirmation that this project is feasible and advisable.

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 fiscal year 2008, $21.8 million for 
fiscal year 2009, $22.5 million for fiscal year 2010, $23.5 
million for fiscal year 2011, and $24.5 for fiscal year 2012. 
This section also authorizes appropriations to carry out 
capital projects for the Kennedy Center of $23.15 million for 
fiscal year 2008, $16 million for fiscal year 2009, $17 million 
for fiscal year 2010, $17 million for fiscal year 2011, and 
$18.5 million for fiscal year 2012.
    Section 4(2) redesignates subsection (d) of section 13 of 
the John F. Kennedy Center Act (20 U.S.C. 76r) as subsection 
(e).
    Section 4(3) 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

    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 December 12, 2007, after favorable action by the 
Committee on Transportation and Infrastructure and the House of 
Representatives, the bill was received, read twice and referred 
to the Senate Committee on Environment and Public Works. The 
committee met on May 21, 2008, to consider the bill. H.R. 3986 
was ordered to be reported with amendment favorably.

                                Hearings

    The Committee did not hold hearings on H.R. 3986 during the 
110th Congress.

                            Roll Call Votes

    There were no roll call votes. The Committee on Environment 
and Public Works met to consider H.R. 3976 on May 21, 2008. A 
quorum of the Committee being present, H.R. 3986 was reported 
favorably without amendment by a voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b)(2) of rule XXVI of the 
Standing Rules of the Senate, the Committee estimates that no 
regulatory impact is expected by the passage of the bill. The 
bill will not affect the personal privacy of individuals. As 
noted below, the Congressional Budget Office has concluded that 
the bill will not establish any private-sector mandates.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the Committee finds, consistent with the 
determination of the Congressional Budget Office, that H.R. 
3986 would impose no Federal intergovernmental unfunded 
mandates on State, local or tribal governments. The Committee 
further agrees with the Congressional Budget Office that the 
bill does not impose private sector mandates.

               Congressional Budget Office Cost Estimate

    In compliance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office.

H.R. 3986--John F. Kennedy Center Reauthorization Act of 2008

    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 through 2012. 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.
    The amounts authorized for 2008 match the amounts already 
appropriated for that fiscal year. Assuming appropriation of 
the specified and necessary amounts for 2009 through 2012, CBO 
estimates that implementing H.R. 3986 would increase outlays by 
$23million in 2009 and $150 million over the 2009-2013 period, 
as shown in the following table. The costs of this act fall within 
budget function 500 (education, training, employment, and social 
services). Enacting the legislation would not affect direct spending or 
revenues.

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars--

                                                              --------------------------------------------------
                                                                2009    2010    2011    2012    2013   2009-2013
----------------------------------------------------------------------------------------------------------------
                                 CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Maintenance and Capital Projects:
    Authorization Level......................................      38      40      41      43       0       162
    Estimated Outlays........................................      23      30      35      39      17       144
Photovoltaic System:
    Estimated Authorization Level............................       6       0       0       0       0         6
    Estimated Outlays........................................       1       3       2       0       0         6
    Total Changes:
      Estimated Authorization Level..........................      44      40      41      43       0       168
      Estimated Outlays......................................      24      33      37      39      17       150
----------------------------------------------------------------------------------------------------------------

    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.
    On November 20, 2007, CBO transmitted a cost estimate for 
H.R. 3986 as ordered reported by the House Committee on 
Transportation and Infrastructure on October 31, 2007. This 
estimate takes into account the fact that appropriations have 
been provided for fiscal year 2008 and that the Senate version 
of the legislation would authorize appropriations for 2011 and 
2012.
    The CBO staff contact for this estimate is Christina Hawley 
Anthony. This estimate was approved by Keith Fontenot, Deputy 
Assistant Director for Health and Human Resources, Budget 
Analysis Division.

                        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:

           *       *       *       *       *       *       *

JOHN F. KENNEDY CENTER ACT

           *       *       *       *       *       *       *

SECTION 1. SHORT TITLE AND FINDINGS.

    (a) Short Title.--This Act may be cited as the ``John F. 
Kennedy Center Act''.
    (b) Findings.--Congress finds that
          (1)* * *

           *       *       *       *       *       *       *

SEC. 2. BOARD OF TRUSTEES.

    (a) Establishment.--
          (1) In General.--There is established in the 
        Smithsonian Institution a bureau, which shall be 
        directed by a board to be known as the Trustees of the 
        John F. Kennedy Center for the Performing Arts 
        (hereafter in this Act referred to as the ``Board''), 
        whose duty it shall be to maintain and administer the 
        John F. Kennedy Center for the Performing Arts and site 
        thereof as the National Center for the Performing Arts, 
        a living memorial to John Fitzgerald Kennedy, and to 
        execute such other functions as are vested in the Board 
        by this Act.
          (2) Membership.--The Board shall be composed of--
                  (A) * * *

           *       *       *       *       *       *       *

                  (I) the Secretary of the Smithsonian 
                Institution;
                  (J)(i) the Speaker and the Minority Leader of 
                the House of Representatives;
                  (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. 6. (a) The Board is authorized to adopt an official 
seal which shall be judicially noticed and to make such bylaws, 
rules, and regulations, as it deems necessary for the 
administration of its functions under this Act, including, 
among other matters, bylaws, rules, and regulations relating to 
the administration of its trust funds and the organization and 
procedure of the Board. The Board may function notwithstanding 
vacancies and twelve members of the Board shall constitute a 
quorum for the transaction of business.
    (b)* * *

           *       *       *       *       *       *       *

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) $13,000,000 for fiscal year 1999;
          [(2) $14,000,000 for each of fiscal years 2000 and 
        2001; and
          [(3) $15,000,000 for each of fiscal years 2002 and 
        2003.
    [(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) $20,000,000 for each of fiscal years 1999, 2000, 
        and 2001;
          [(2) $19,000,000 for fiscal year 2002; and
          [(3) $17,000,000 for fiscal year 2003.]
    (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) $21,8OO,000 for fiscal year 2009; and
          (3) $22,500,000 for fiscal year 2010.
          (4) $23,500,000 for fiscal year 2011; and
          (5) $24,500,000 for fiscal year 2012.
    (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.
          (4) $17,000,000 for fiscal year 2011; and
          (5) $18,500,000 for fiscal year 2012.
    (c) John F. Kennedy Center Plaza.--There is authorized to 
be appropriated to the Secretary of Transportation for capital 
costs incurred in the planning, design, engineering, and 
construction of the project authorized by section 12 (including 
roadway improvements related to the North and South 
Interchanges and construction of the John F. Kennedy Center 
Plaza, but not including construction of any buildings on the 
plaza) a total of $400,000,000 for fiscal years 2003 through 
2010. Such sums shall remain available until expended.
    (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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