69–010 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–406 

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 


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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, 


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$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. 


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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 $23 million 

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 


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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 øblack 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 øPublic 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 


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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. 

* * * * * * * 

øSEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

ø(a) MAINTENANCE, REPAIR, AND SECURITY.—There are authorized to be appropriated to the Board to carry out section 

4(a)(1)(H)—

ø(1) $13,000,000 for fiscal year 1999; 

ø(2) $14,000,000 for each of fiscal years 2000 and 2001; and 

ø(3) $15,000,000 for each of fiscal years 2002 and 2003. 

ø(b) CAPITAL PROJECTS.—There are authorized to be appropriated to the Board to carry out subparagraphs (F) and (G) of section 4(a)(1)—

ø(1) $20,000,000 for each of fiscal years 1999, 2000, and 

2001; 

ø(2) $19,000,000 for fiscal year 2002; and 

ø(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 


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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. 

ø(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. 

* * * * * * * 

Æ 


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