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[House Report 112-457]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-457

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

 
           JOHN F. KENNEDY CENTER REAUTHORIZATION ACT OF 2012

                                _______
                                

 April 27, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Mica, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4097]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 4097) 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.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     2
Background and Need for Legislation..............................     2
Purpose and Need.................................................     2
Summary of Legislation...........................................     3
Legislative History and Consideration............................     4
Hearings.........................................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Performance Goals and Objectives.................................     6
Advisory of Earmarks.............................................     6
Federal Mandate Statement........................................     6
Preemption Clarification.........................................     6
Advisory Committee Statement.....................................     7
Applicability of Legislative Branch..............................     7
Changes in Existing Law Made by the Bill, as Reported............     7

                         Purpose of Legislation

    H.R. 4097 amends the John F. Kennedy Center Act to 
reauthorize appropriations for the John F. Kennedy Center for 
the Performing Arts and authorize the construction of an 
expansion project using private funding.

                  Background and Need for Legislation

    H.R. 4097 reauthorizes appropriations for the John F. 
Kennedy Center for the Performing Arts through Fiscal Year 
2014. The authorization levels are consistent with current 
spending levels.

                            Purpose and Need

    The Kennedy Center for the Performing Arts (``Center'') was 
originally established in 1958 and was designated as a memorial 
for President John F. Kennedy in 1964. The Center operates 
primarily on privately raised funds with only the operations, 
maintenance and capital repairs of its facility funded through 
federal appropriations.
    The Center is currently one of the nation's busiest 
performing arts facilities and includes nine theaters and 
stages that attract audiences and visitors totaling three 
million annually. The Center presents performances of music, 
dance, and theater; supports artists in the creation of new 
work; and serves the nation as a leader in arts and arts 
management education. With its artistic affiliates, the 
National Symphony Orchestra, the Washington National Opera, the 
Suzanne Farrell Ballet and VSA (the international organization 
on arts and disability), the Center's achievements as a 
commissioner, producer, and nurturer of developing artists have 
resulted in more than 300 theatrical productions, and dozens of 
new ballets, operas and musical works.
    As part of the Performing Arts for Everyone outreach 
program, the Center stages more than 400 free performances of 
music, dance, and theater by artists from throughout the world 
each year. Each year, people throughout the nation take part in 
innovative and effective education programs initiated by the 
Center--performances, lecture/demonstrations, open rehearsals, 
dance and music residencies, master classes, competitions for 
young actors and musicians, and workshops for teachers and arts 
administrators. These programs have become models for 
communities across the country. The Center also has been at the 
forefront of making the performing arts accessible to persons 
with disabilities, highlighted by its affiliation with VSA.
    As constructed in the 1970's, and as modified in the 
ensuing years, the Center however contains no dedicated 
classrooms, a limited number of rehearsal rooms and no 
dedicated event space. Multifunctional rooms, such as the 
Atrium and Foyers, conference rooms, hallways and rehearsal 
rooms, serve as event space, classrooms, exhibition space, as 
well as circulation and storage areas.
    Paramount to the Center's mission is bringing the arts to 
people who might not otherwise have access to it. This is 
accomplished through Education and VSA programs and by 
providing free performances to the public. Over the past four 
decades the Center's education department has grown to be the 
largest at a performing arts center in the country and along 
with VSA offers more than 30 educational programs in the areas 
of performance, teaching and learning, partnerships, and career 
development for young artists, serving over 11 million people. 
Yet there are no dedicated facilities to serve these ever 
expanding programs.
    H.R. 4097 authorizes the Center to construct a new 100,000 
square foot expansion space using privately donated funds. The 
purpose of the expansion is to improve the facilities of the 
John F. Kennedy Center for the Performing Arts by adding 
approximately 56,000 square feet of space for classrooms, 
rehearsal rooms, event spaces and offices. Accommodating these 
functions in a dedicated area for education and rehearsals 
would free up spaces in the main building. Specifically, the 
Atrium and Foyers could be used more robustly as exhibition 
space. This expansion will permit the Center to address these 
growing needs and will provide greater accessibility to the 
Center's programs and performances for the general public.

                         Summary of Legislation

Section 1. Short title

    Section 1 states that the Act may be cited as the ``John F. 
Kennedy Center Reauthorization Act of 2012.''

Section 2. Expansion project for the John F. Kennedy Center for the 
        Performing Arts

    Section 2 authorizes the Center to construct an expansion 
project that is not more than 100,000 square feet, will improve 
the existing accessibility and education functions of the 
Center, and will become a part of the existing structure of the 
Center. This section also prohibits the use of federal funds in 
the planning, design, engineering and construction of the 
expansion project.
    The language also makes clear the Center must account for 
and determine the ability of the Center to accommodate any 
additional costs to annual operations and maintenance before 
making a final determination as to whether it should proceed 
with the expansion project.
    Section 2 also provides limited authority to the Center to 
make acknowledgements of private contributions in the expansion 
project. Existing law allowing such acknowledgments are 
specific to the existing facilities. Given that the Center is a 
presidential memorial, where and how acknowledgements of 
private contributions are allowed is explicitly outlined in the 
John F. Kennedy Center Act. Section 2 of H.R. 4097 makes clear 
limited acknowledgments inside the expansion project are 
permitted to the extent they are consistent with the existing 
acknowledgment requirements.

Section 3. Authorization of appropriations

    Section 3 authorizes $22.379 million for fiscal years 2013 
and 2014 for maintenance, repair, and security and $13.588 
million for capital projects for those same fiscal years. The 
authorization levels are below fiscal year 2012 funding and 
consistent with the President's fiscal year 2013 budget 
request.

                 Legislative History and Consideration

    On February 28, 2012, Representative John L. Mica 
introduced H.R. 4097, a bill to reauthorize the John F. Kennedy 
Center for the Performing Arts.
    On March 1, 2012, the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management met in open session 
and ordered the bill reported to the full Committee by voice 
vote with a quorum present. No amendments were offered.
    On March 8, 2012, the Committee on Transportation and 
Infrastructure met in open session, and ordered the bill 
reported favorably to the House by voice vote with a quorum 
present. No amendments were offered.

                                Hearings

    No hearings were held on H.R. 4097.

                            Committee 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 record votes taken in connection with consideration of 
H.R. 4097, or ordering the bill reported. A motion to order 
H.R. 4097 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)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    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.

               Congressional Budget Office Cost Estimate

    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. 4097 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 21, 2012.
Hon. John L. Mica,
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. 4097, the John F. 
Kennedy Center Reauthorization Act of 2012.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Christina 
Hawley Anthony.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 4097--John F. Kennedy Center Reauthorization Act of 2012

    Summary: H.R. 4097 would authorize a total of $72 million 
to be appropriated for fiscal years 2013 and 2014 for the-
Kennedy Center's maintenance, repair, and security and for 
capital projects for the center. In addition, the bill would 
authorize the construction of an expansion project at the 
center that would be financed with nonappropriated funds.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 4097 would cost $71 million 
over the 2013-2017 period.
    Pay-as-you-go procedures do not apply to this legislation 
because enacting it would not affect direct spending or 
revenues.
    H.R. 4097 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 impact of H.R. 4097 is shown in the following table. 
The costs of this legislation fall within budget function 500 
(education, training, employment, and social services).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2013     2014     2015     2016     2017   2013-2017
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.....................................       36       36        0        0        0        72
Estimated Outlays.......................................       24       31       10        4        2        71
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
4097 will be enacted by October 1, 2012, that the specified 
amounts will be appropriated for 2013 and 2014, and that 
spending will follow historical patterns.
    The bill would authorize the appropriation of $22.4 million 
in each of fiscal years 2013 and 2014 for maintenance, repair, 
and security at the John F. Kennedy Center. In addition, H.R. 
4097 would authorize the appropriation of $13.6 million in each 
of fiscal years 2013 and 2014 for capital projects. Assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing H.R. 4097 would cost $71 million over the 2013-
2017 period.
    In addition, the bill would authorize the Board of the John 
F. Kennedy Center to plan, design, and construct an expansion 
project not to exceed 100,000 square feet. That project would 
be financed using nonappropriated funds. (In addition to 
receiving regular federal appropriations, the John F. Kennedy 
Center also receives substantial private donations.) The 
Kennedy Center anticipates that the authorized construction 
will be completed in fiscal year 2017. Therefore, any effect of 
the new construction on future authorizations or appropriations 
for repair and maintenance would occur after 2017.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: H.R. 4097 
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: 
Elizabeth Cove Delisle; Impact on the Private Sector: Paige 
Piper/Bach.
    Estimate approved by: Holly Harvey, Deputy Assistant 
Director for Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to 
reauthorize the John F. Kennedy Center of the Performing Arts 
through fiscal year 2014 and authorize the construction of an 
expansion project with privately raised funds.

                          Advisory of Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill includes an earmark, limited tax benefit, 
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                       Federal Mandate 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 (P.L. 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. 4097 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 of 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 (P.L. 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. 3. JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Expansion Project.--
          (1) Authority to construct.--
                  (A) In general.--Subject to the requirements 
                of this subsection, the Board may undertake 
                such activities as may be necessary to 
                construct the expansion project.
                  (B) Responsibilities of the board.--The Board 
                may construct the expansion project, and shall 
                be responsible for the planning, design, 
                engineering, and construction of the expansion 
                project.
                  (C) Limitations.--
                          (i) Mission.--All activities carried 
                        out under this paragraph shall be 
                        within the mission of the John F. 
                        Kennedy Center for the Performing Arts 
                        to serve as the national center for the 
                        performing arts.
                          (ii) Funding.--The costs of planning, 
                        design, engineering, and construction 
                        of the expansion project shall be paid 
                        for using nonappropriated funds.
          (2) Annual operations and maintenance costs.--
                  (A) Estimates.--Before awarding a contract 
                for construction of the expansion project, the 
                Board shall estimate any additional annual 
                operations and maintenance costs (or savings) 
                associated with the project.
                  (B) Budget requests.--The Board shall account 
                for any additional costs identified under 
                subparagraph (A) in making a budget request for 
                fiscal year 2014 and each fiscal year 
                thereafter.
                  (C) Budget priorities.--The Board shall base 
                a final determination on whether to proceed 
                with the expansion project on the ability of 
                the Board to accommodate any additional costs 
                identified under subparagraph (A) within the 
                other budget priorities of the Board.
          (3) Acknowledgments.--The Board may acknowledge 
        private contributions used in carrying out the 
        expansion project in the interior of the project, but 
        may not acknowledge such private contributions on the 
        exterior of the project. Any acknowledgment of private 
        contributions under this paragraph shall be consistent 
        with the requirements of section 4(b).
          (4) Expansion project defined.--In this subsection, 
        the term ``expansion project'' means an addition to the 
        south end of the building of the John F. Kennedy Center 
        for the Performing Arts that--
                  (A) is less than 100,000 square feet;
                  (B) will improve the existing (as of the date 
                of enactment of this subsection) accessibility 
                and education functions of the Center; and
                  (C) will become part of the existing (as of 
                the date of enactment of this subsection) 
                structure of the Center.

           *       *       *       *       *       *       *

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) $20,200,000 for fiscal year 2008;
          [(2) $21,800,000 for fiscal year 2009;
          [(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;
          [(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.]
  (a) Maintenance, Repair, and Security.--There is authorized 
to be appropriated to the Board to carry out section 4(a)(1)(H) 
$22,379,000 for each of fiscal years 2013 and 2014.
  (b) Capital Projects.--There is authorized to be appropriated 
to the Board to carry out subparagraphs (F) and (G) of section 
4(a)(1) $13,588,000 for each of fiscal years 2013 and 2014.

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