[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.
* * * * * * *