[Senate Report 114-254]
[From the U.S. Government Publishing Office]
Calendar No. 465
114th Congress } { Report
SENATE
2d Session } { 114-254
======================================================================
JOHN F. KENNEDY CENTER REAUTHORIZATION ACT OF 2016
_______
May 16, 2016.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 2808]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 2808) to amend the John F. Kennedy Center
Act to authorize appropriations for the John F. Kennedy Center
for the Performing Arts, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
General Statement and Background
The Kennedy Center was established as the National Cultural
Center when Congress passed the ``National Cultural Center
Act.'' President Eisenhower signed the legislation in 1958
which became Public Law 85-874. It has had successive
authorizations adopted continually since that time. 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 Durrell 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.
Today, the Kennedy Center is the nation's busiest
performing arts center. The Kennedy Center hosts approximately
3,000 events, and receives over 2 million visitors each year.
The Center's statute mandates the inclusion of designated
Members of Congress to provide full and appropriate oversight
of the federal monies. The Speaker and Minority Leader of the
House serve along with the leadership of the Center's
authorizing Committee, Transportation and Infrastructure. Three
additional members are appointed by the House leadership. So,
too, the Senate Majority and Minority Leaders are members of
the Board, along with the leadership of the Environment and
Public Works Committee and three members appointed by the
Senate leadership.
These members are briefed on an ongoing basis regarding
these federal appropriations to ensure both transparency and
accountability.
The Center's Board of Trustees raises the necessary private
funds to support the programming at the Center. This is an
ongoing annual effort to present a full range of programming in
the fields of the performing arts, consistent with the
Congressionally-proscribed mandate.
The Board is prudent with federal funds and, in an effort
to respect federal budget limitations, embarked on a capital
campaign to create a much-needed expansion for the building to
include education classrooms and additional public access to
its programming. This expansion, solely funded with private
dollars, was authorized by Congress in the authorization in
2012 to ensure a full collaboration with Congress in the
Center's efforts to fulfill and sustain its statutory mandate.
Objectives of the Legislation
The John F. Kennedy Center Reauthorization Act of 2016
authorizes appropriations for maintenance, repair, and
security, as well as appropriations for capital projects each
fiscal year from fiscal year 2017 until fiscal year 2020 for
the John F. Kennedy Center for the Performing Arts.
Section-by-Section Analysis
Section 1. Short title
This section provides that the Act may be cited as the
``John F. Kennedy Center Reauthorization Act of 2016.''
Section 2. Authorization of appropriations
Summary
Section 2 authorizes $24 million for fiscal year 2017, $25
million for each of fiscal years 2018 and 2019, and $26 million
for fiscal year 2020 for maintenance, repair, and security.
Section 2 also authorizes $13 million for each of fiscal years
2017 and 2018, and $14 million for each of fiscal years 2019
and 2020 for capital projects.
Description
This would authorize a total of $154 million over the next
four fiscal years. In comparison to recent Kennedy Center
authorization bills dating back to 2008, this amount is below
those recently authorized levels. Specifically, the average
annual authorized level under this bill is $38.5 million, a
slight reduction from the recent average annual level of $38.6
million.
S. 2808 reduces capital funding in the first year of the
bill, authorizing $13 million for capital projects, below the
$14.74 million appropriated and the $15 million authorized for
FY 2016. S. 2808 includes inflationary increases for
maintenance, repair, and security, necessary to maintain the
new expansion project which was solely funded with private
dollars and authorized by Congress in 2012.
Consistent with federal austerity measures, the Center has
adapted to across-the-board reductions in its federal funds and
has had to become even more stringent as it budgets for these
necessary expenditures. These reductions are challenging
because the federal funding supports fixed costs for
electricity, security and other expenses, all of which are
expected to rise with the cost of living over the coming years.
Funds authorized in the legislation may only go towards the
physical structure of the building--for the Operations and
Maintenance and for Capital Repairs. These funds provide for
the security of the building, electricity, building repairs and
general upkeep. Federal funds may not be used for performing
arts attractions, personnel or administration including
production, fundraising marketing and ticket sales.
Legislative History
On April 18, 2016, Senators Inhofe and Boxer introduced S.
2808, a bill to reauthorize the John F. Kennedy Center for the
Performing Arts. The Committee on Environment and Public Works
met to consider S. 2808 on April 28, 2016. The bill was
approved by voice vote.
Previously, the Center received a one-year authorization
for FY 2016, included in the omnibus appropriations bill for
that fiscal year. This covered the first year of a five-year
authorization bill (H.R. 1473), which was unanimously approved
by the House Transportation and Infrastructure Committee in
2015. S. 2808 would authorize the remaining four-years of that
legislation, Fiscal Years 2017 through 2020, at the levels
included in H.R. 1473.
Hearings
No hearings were held on S. 2808.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 2808 on April 28, 2016. The bill was ordered
favorably reported by a voice vote. No rollcall votes were
taken.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 2808
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the privacy of individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 2808 would not
impose federal intergovernmental unfunded mandates on State,
local, or tribal governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
S. 2808--John F. Kennedy Center Reauthorization Act of 2016
Summary: S. 2808 would amend the John F. Kennedy Center Act
by authorizing appropriations for maintenance, repair, and
security of the John F. Kennedy Center for the Performing Arts,
as well as for capital projects for the center. Those
activities were previously authorized through fiscal year 2014,
and the Congress appropriated a total of $33 million in 2016
for those activities.
The bill would authorize additional appropriations totaling
$154 million for fiscal years 2017 through 2020. Assuming
appropriation of those amounts, CBO estimates that implementing
S. 2808 would cost $146 million over the 2017-2021 period.
Because enacting the bill would not affect direct spending
or revenues, pay-as-you-go procedures do not apply. CBO
estimates that enacting the bill would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
S. 2808 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 effects of S. 2808 are shown in the following table.
The costs of this legislation fall within budget function 500
(education, employment, training, and social services).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2017 2018 2019 2020 2021 2017-2021
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
John F. Kennedy Center Maintenance, Repair, and
Security:
Authorization Level................................. 24 25 25 26 0 100
Estimated Outlays................................... 20 25 25 26 4 100
John F. Kennedy Center Capital Projects:
Authorization Level................................. 13 13 14 14 0 54
Estimated Outlays................................... 5 8 11 13 9 46
Total Changes:
Authorization Level............................. 37 38 39 40 0 154
Estimated Outlays............................... 25 33 36 39 13 146
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Basis of estimate: S. 2808 would reauthorize funding for
the maintenance, repair, and security of the John F. Kennedy
Center for the Performing Arts, as well as for capital projects
for the Center. Funding for such activities totaled $37 million
for fiscal year 2016.
For this estimate, CBO assumes that S. 2808 will be enacted
by October 1, 2016, and that the specified amounts will be
appropriated for each year. The estimated outlays reflect
historical spending patterns for the affected programs.
Pay-As-You-Go considerations: None.
Increase in long-term net direct spending and deficits: CBO
estimates that enacting S. 2808 would not affect net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
Previous CBO estimates: On April 21, 2015, CBO transmitted
an estimate for H.R. 1473, the John F. Kennedy Center
Reauthorization Act of 2015, as ordered reported by the House
Committee on Transportation and Infrastructure on April 15,
2015. The two bills would authorize the same amounts for fiscal
years 2017 through 2020. H.R. 1473 also authorized
appropriations for 2016.
Intergovernmental and private-sector impact: S. 2808
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: Jon
Sperl; Impact on the private sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
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. [20 U.S.C. 76H NOTE] SHORT TITLE AND FINDINGS.
(a) Short Title.--This Act may be cited as the ``John F.
Kennedy Center Act''.
(b)* * *
* * * * * * *
SEC. 13. [20 U.S.C. 76R] AUTHORIZATION OF APPROPRIATIONS.
[(a) Maintenance, Repair, and Security.--There is authorized
to be appropriated to the Board to carry out section
4(a)(1)(H), $22,000,000 for fiscal year 2016.
[(b) Capital Projects.-- There is authorized to be
appropriated to the Board to carry out subparagraphs (F) and
(G) of section 4(a)(1), $15,000,000 for fiscal year 2016.]
(a) Maintenance, Repair, and Security.--There is authorized
to be appropriated to the Board to carry out section
4(a)(1)(H)--
(1) $24,000,000 for fiscal year 2017;
(2) $25,000,000 for fiscal year 2018;
(3) $25,000,000 for fiscal year 2019; and
(4) $26,000,000 for fiscal year 2020.
(b) Capital Projects.--There is authorized to be appropriated
to the Board to carry out subparagraphs (F) and (G) of section
4(a)(1)--
(1) $13,000,000 for fiscal year 2017;
(2) $13,000,000 for fiscal year 2018;
(3) $14,000,000 for fiscal year 2019; and
(4) $14,000,000 for fiscal year 2020.
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