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                                                       Calendar No. 348
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-174

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



 
AUTHORIZATION OF APPROPRIATIONS FOR THE JOHN F. KENNEDY CENTER FOR THE 
                            PERFORMING ARTS

                                _______
                                

                October 28, 2003.--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. 1757]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 1757), 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 with an amendment and recommends that the 
bill do pass.

                               Background

    Public Law 85-874 established the National Center for the 
Performing Arts 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. 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 building consists of 1.5 million square 
feet of usable floor space, on 17 acres of land adjacent to the 
Potomac River, bounded by the Rock Creek Parkway on the west 
and Potomac Freeway to the east. The building contains eight 
theaters with total seating capacity of 7,100 patrons, two 
public restaurant facilities, a gift shop, educational 
facilities, meeting rooms, rehearsal space, 1,400 parking 
spaces, and 50,000 square feet of administrative office space. 
Each year the Kennedy Center attracts millions of patrons to 
performances of every style and type to its many stages and 
venues. Through its outreach and education programs, the 
Kennedy Center has reached over five million schoolchildren in 
all 50 States and the District of Columbia.
    In 1994, during the course of its first independent 
authorization, several new requirements were placed upon the 
Kennedy Center. Included among them were the development of a 
Comprehensive Building Plan (CBP), a Master Plan for all 
facilities, as well as to conduct an engineering study of the 
existing facilities to determine their useful life and a 
timeline for expected replacement.
    As a result of this legislation, in 1996, the Kennedy 
Center developed a 10-year CBP that covered fiscal years 1999 
through 2008. The plan was submitted to Congress, however, only 
enough funds to complete the first 5 years of the plan were 
authorized. This plan was updated in 2002, and attempts to 
continue the work begun in the previous CBP. The current plan, 
like its predecessor, is organized into 6 major building 
components, which track similar budget categories, as well as a 
seventh budget category that addresses overall management. 
These 7 components include the exterior envelope; life safety 
and security; interior conditions; building systems/
infrastructure; memorial interpretation and visitor services; 
parking and site circulation; and comprehensive planning and 
project management.
    As currently drafted, the CBP envisions completion of 16 
major and a number of minor capital projects. Included in this 
are restoration of the existing curtain wall, renovation of the 
motor lobby and roof terrace, a number of security 
improvements, ADA, fire and life safety renovations to the 
theaters, restrooms and office space, elevator and escalator 
modernization, parking and site circulation improvements, in 
addition to a number of other renovations to the theaters, 
public areas, and building systems.
    The Kennedy Center requested of the committee to authorize 
for capital projects $16 million for fiscal year 2004 and such 
sums as necessary for fiscal year 2005 through 2008. For 
maintenance, repair, and security the Kennedy Center requested 
sums of $17,000,000 for fiscal year 2004 and such sums as 
necessary for fiscal year 2005 through fiscal year 2008.
    On October 17, 2003, Senators Inhofe and Jeffords 
introduced S. 1757 to authorize appropriations for the Kennedy 
Center, which was referred to the Committee on Environment & 
Public Works. The bill, as reported by the Committee, 
authorizes $16 million for fiscal year 2004; $18 million for 
fiscal year 2005 and fiscal year 2006; and $12,000,000 for 
fiscal year 2007 and FY2008. The reported bill also authorizes 
$17,000,000 for fiscal year 2004 and $18 million for fiscal 
year 2005 through 2008 for capital projects..

                       Summary of the Legislation

Section 1. Authorization of Appropriations for the John F. Kennedy 
        Center
    Section 1 of the bill amends Section 13 of the John F. 
Kennedy Center Act (20 U.S.C. 76r) to authorize appropriations 
for maintenance, repair and security projects and for capital 
projects. Maintenance, repair, and security are authorized $17 
million for fiscal year 2004 and $18 million for each of fiscal 
years 2005 through 2008. Capital projects are authorized $16 
million for fiscal year 2004; $18 million for fiscal years 2005 
and 2006; and $12 million for fiscal years 2007 and 2008.

                                Hearings

    No hearings were held on S. 1757

                             Rollcall Votes

    Section 7(b) of rule XXVI of the Standing Rules of the 
Senate and the rules of the Committee on Environment and Public 
Works require that any rollcall votes taken during 
consideration of legislation be noted in the report.
    On October 23, 2003, the committee met to consider the S. 
1757. A manager's amendment offered by Senators Inhofe and 
Jeffords was agreed to by voice vote. S. 1757, as amended, was 
was ordered reported by voice vote. No rollcall votes occurred 
on the bill.

                    Evaluation of Regulatory Impact

    Section 11(b) of rule XXVI of the Standing Rules of the 
Senate requires publication in the report the committee's 
estimate of the regulatory impact of the bill as reported. The 
bill S. 1757, as reported from the Committee on Environment and 
Public Works is expected to impose no regulatory impact.
    The bill will not affect the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee makes the following 
evaluation of the Federal mandates contained in the reported 
bill.
    S. 1757, as reported, imposes no Federal intergovernmental 
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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 28, 2003.

Hon. James M. Inhofe, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1757, a bill to 
amend the John F. Kennedy Center Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Donna Wong 
who can be reached at 226-2820.
            Sincerely,
                                        Douglas Holtz-Eakin
                              ----------                              

S. 1757, A bill to amend the John F., Kennedy Center Act, as ordered 
        reported by the Senate Committee on Environment and Public 
        Works on October 23, 2003
Summary
    S. 1757 would authorize funding for the John F. Kennedy 
Center for the Performing Arts through 2008. Such funding is 
currently authorized through October 31, 2003, by the 
Continuing Appropriations Act (Public Law 108-84).
    Authorizations under the bill total $33 million in 2004 and 
$165 million over the 2004-2008 period. CBO estimates that 
appropriation of the authorized levels would result in outlays 
of $138 million over the 2004-2008 period. Enacting S. 1757 
would not affect direct spending or receipts.
    S. 1757 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would have no effect on State, local, or tribal 
governments.
Estimated Cost to the Federal Government
    The estimated budgetary impact of S. 1757 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
----------------------------------------------------------------------------------------------------------------
                                                                   2003    2004    2005    2006    2007    2008
----------------------------------------------------------------------------------------------------------------
                SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for the Kennedy Center...............
    Budget Authority\1\.........................................      34       0       0       0       0       0
    Estimated Outlays...........................................      36      18       9       6       0       0

Proposed Changes:
  Operation, Maintenance, Repair, and Security:
    Authorization Level.........................................       0      17      18      18      18      18
    Estimated Outlays...........................................       0      14      18      18      18      18

Construction:
    Authorization Level.........................................       0      16      18      18      18      12
    Estimated Outlays...........................................       0       4       9      12      14      15

Total Proposed Changes:
    Authorization Level.........................................       0      33      36      36      30      30
    Estimated Outlays...........................................       0      18      26      30      32      33

Total Spending Under S. 1757 for the Kennedy Center:
    Budget Authority/Authorization Level........................      34      33      36      36      30      30
    Estimated Outlays...........................................      36      35      36      36      32      33
----------------------------------------------------------------------------------------------------------------
\1\The 2003 level is the amount appropriated that year for the John F. Kennedy Center for the Performing Arts,
  with $16 million provided for operations and $18 million for construction. No full year appropriation for 2004
  has been enacted yet.

Basis of Estimate
    S. 1757 would authorize the appropriation of $17 million in 
2004 and $18 million in each of the years 2005 through 2008 for 
operations, maintenance, repair, and security for the Kennedy 
Center. The bill would authorize the appropriation of $16 
million in 2004, $18 million in each of 2005 and 2006, and $12 
million in 2007 and 2008 for capital, (construction) projects. 
Total funding for the 2004-2008 period would be $165 million, 
with resulting outlays of about $138 million over those 5 
years. The estimated outlays reflect historical rates of 
spending for the Kennedy Center.
Intergovernmental and Private-Sector Impact
    S. 1757 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would have no effect on State, 
local, or tribal governments.
Previous CBO Estimate
    On October 3, 2003, CBO transmitted a cost estimate for 
H.R. 3198, the John F. Kennedy Center Reauthorization Act of 
2003, as ordered reported by the House Committee on 
Transportation and Infrastructure on October 1, 2003. The two 
bills are similar; however, H.R. 3198 would only authorize 
funding for the Kennedy Center through 2006.

Estimate Prepared By: Federal Costs: Donna Wong (226-2820); 
Impact on State, Local, and Tribal Governments: Sarah Puro 
(225-3220); Impact on the Private Sector: Jean Talarico (226-
2940).

Estimate Approved By: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                        Changes to 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:
  [Public Law 105-95; As amended by Public Laws 105-226, 107-117, 107-
                                  224]

JOHN F. KENNEDY CENTER ACT

           *       *       *       *       *       *       *



AN ACT To provide for a John F. Kennedy Center for the Performing Arts 
       which will be constructed, with funds raised by voluntary 
  contributions, on a site made available in the District of Columbia.



           *       *       *       *       *       *       *
SECTION 1. [20 U.S.C. 76H NOTE] SHORT TITLE AND FINDINGS.

           *       *       *       *       *       *       *


SEC. 13. [20 U.S.C. 76R] 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) $13,000,000 for fiscal year 1999;
            [(2) $14,000,000 for each of fiscal years 2000 and 
        2001; and
            [(3) $15,000,000 for each of fiscal years 2002 and 
        2003.
    [(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) $20,000,000 for each of fiscal years 1999, 
        2000, and 2001;
            [(2) $19,000,000 for fiscal year 2002; and
            [(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) $17,000,000 for fiscal year 2004; and
            (2) $18,000,000 for each of fiscal years 2005 
        through 2008.
    (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) $16,000,000 for fiscal year 2004; and
            (2) $18,000,000 for each of fiscal years 2005 
        through 2008.''.
            (1) $16,000,000 for fiscal year 2004;
            (2) $18,000,000 for each of fiscal years 2005 and 
        2006; and
            (3) $12,000,000 for fiscal years 2007 and 2008.
    (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 years 2003 through 
2010. Such sums shall remain available until expended.

           *       *       *       *       *       *       *