69–006 

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. 


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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. 


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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. 


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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: 


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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 Level ....................................................................... 6 0 0 0 0 

Estimated Outlays .......................................................................................... 1 3 2 0 0 

Total Changes: 

Estimated Authorization Level ....................................................................... 49 38 40 0 0 

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. 


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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.—


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(1) * * * 

(2) MEMBERSHIP.—The Board shall be composed of— (A) * * * 

* * * * * * * 

(J)(i) * * * 

(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. 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. 

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) $17,000,000 for fiscal year 2004; 

ø(2) $18,000,000 for each of fiscal years 2005 and 2006; and 

ø(3) $19,100,000 for fiscal year 2007. 

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) $16,000,000 for fiscal year 2004; 

ø(2) $18,000,000 for each of fiscal years 2005 and 2006; and 

ø(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. 

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 perVerDate Aug 31 2005 02:11 Dec 11, 2007 Jkt 000690 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480.XXX HR480

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sonnel 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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