[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5012 Enrolled Bill (ENR)]

        H.R.5012

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two


                                 An Act


 
 To amend the John F. Kennedy Center Act to authorize the Secretary of 
   Transportation to carry out a project for construction of a plaza 
adjacent to the John F. Kennedy Center for the Performing Arts, and for 
                             other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``John F. Kennedy Center Plaza 
Authorization Act of 2002''.

SEC. 2. JOHN F. KENNEDY CENTER PLAZA.

    The John F. Kennedy Center Act (20 U.S.C. 76h et seq.) is amended--
        (1) by redesignating sections 12 and 13 as sections 13 and 14, 
    respectively; and
        (2) by inserting after section 11 the following:

``SEC. 12. JOHN F. KENNEDY CENTER PLAZA.

    ``(a) Definitions.--In this section, the following definitions 
apply:
        ``(1) Air rights.--The term `air rights' means real property 
    interests conveyed by deed, lease, or permit for the use of space 
    between streets and alleys within the boundaries of the Project.
        ``(2) Center.--The term `Center' means the John F. Kennedy 
    Center for the Performing Arts.
        ``(3) Green spaces.--The term `green spaces' means areas within 
    the boundaries of the Project or affected by the Project that are 
    covered by grass, trees, or other vegetation.
        ``(4) Plaza.--The term `Plaza' means improvements to the area 
    surrounding the John F. Kennedy Center building carried out under 
    the Project and comprised of transportation elements (including 
    roadways, sidewalks, and bicycle lanes) and non-transportation 
    elements (including landscaping, green space, open public space, 
    water, sewer, and utility connections).
        ``(5) Project.--The term `Project' means the Plaza project, as 
    described in the TEA-21 report, providing for construction of a 
    Plaza adjacent to the Center and for improved bicycle, pedestrian, 
    and vehicular access to and around the Center. The term includes 
    planning, design, engineering, and construction of the Plaza, 
    buildings to be constructed on the Plaza, and related 
    transportation improvements and may include any other elements of 
    the Project identified in the TEA-21 report.
        ``(6) Secretary.--The term `Secretary' means the Secretary of 
    Transportation.
        ``(7) TEA-21 report.--The term `TEA-21 report' means the report 
    of the Secretary submitted to Congress under section 1214 of the 
    Transportation Equity Act for the 21st Century (20 U.S.C. 76j note; 
    112 Stat. 204).
    ``(b) Responsibilities of the Secretary.--
        ``(1) In general.--The Secretary shall be responsible for the 
    Project and may undertake such activities as may be necessary to 
    construct the Project, other than buildings to be constructed on 
    the Plaza, substantially as described in the TEA-21 report.
        ``(2) Planning, design, engineering, and construction.--The 
    Secretary shall be responsible for the planning, design, 
    engineering, and construction of the Project, other than buildings 
    to be constructed on the Plaza.
        ``(3) Agreements with the board and other agencies.--The 
    Secretary shall enter into memoranda of agreement with the Board 
    and any appropriate Federal or other governmental agency to 
    facilitate the planning, design, engineering, and construction of 
    the Project.
        ``(4) Consultation with the board.--The Secretary shall consult 
    with the Board to maximize efficiencies in planning and executing 
    the Project, including the construction of any buildings on the 
    Plaza.
        ``(5) Contracts.--Subject to the approval of the Board, the 
    Secretary may enter into contracts on behalf of the Center related 
    to the planning, design, engineering, and construction of the 
    Project.
    ``(c) Responsibilities of the Board.--
        ``(1) In general.--The Board may undertake such activities as 
    may be necessary to construct buildings on the Plaza for the 
    Project.
        ``(2) Receipt of transfers of air rights.--The Board may 
    receive from the District of Columbia such transfers of air rights 
    as may be necessary for the planning, design, engineering, and 
    construction of the Project.
        ``(3) Construction of buildings.--The Board may construct, with 
    non-appropriated funds, buildings on the Plaza for the Project and 
    shall be responsible for the planning, design, engineering, and 
    construction of the buildings.
        ``(4) Acknowledgment of contributions.--
            ``(A) In general.--The Board may acknowledge private 
        contributions used in the construction of buildings on the 
        Plaza for the Project in the interior of the buildings, but may 
        not acknowledge private contributions on the exterior of the 
        buildings.
            ``(B) Applicability of other requirements.--Any 
        acknowledgment of private contributions under this paragraph 
        shall be consistent with the requirements of section 4(b).
    ``(d) Responsibilities of the District of Columbia.--
        ``(1) Modification of highway system.--Notwithstanding any 
    State or local law, the Mayor of the District of Columbia, in 
    consultation with the National Capital Planning Commission and the 
    Secretary, shall have exclusive authority to amend or modify the 
    permanent system of highways of the District of Columbia as may be 
    necessary to meet the requirements and needs of the Project.
        ``(2) Conveyances.--
            ``(A) Authority.--Notwithstanding any State or local law, 
        the Mayor of the District of Columbia shall have exclusive 
        authority to convey or dispose of any interests in real estate 
        (including air rights or air space as that term is defined by 
        District of Columbia law) owned or controlled by the District 
        of Columbia, as may be necessary to meet the requirements and 
        needs of the Project.
            ``(B) Conveyance to the board.--Not later than 90 days 
        following the date of receipt of notification from the 
        Secretary of the requirements and needs of the Project, the 
        Mayor of the District of Columbia shall convey or dispose of to 
        the Board without compensation interests in real estate 
        described in subparagraph (A).
        ``(3) Agreements with the board.--The Mayor of the District of 
    Columbia shall have the authority to enter into memoranda of 
    agreement with the Board and any Federal or other governmental 
    agency to facilitate the planning, design, engineering, and 
    construction of the Project.
    ``(e) Ownership.--
        ``(1) Roadways and sidewalks.--Upon completion of the Project, 
    responsibility for maintenance and oversight of roadways and 
    sidewalks modified or improved for the Project shall remain with 
    the owner of the affected roadways and sidewalks.
        ``(2) Maintenance of green spaces.--Subject to paragraph (3), 
    upon completion of the Project, responsibility for maintenance and 
    oversight of any green spaces modified or improved for the Project 
    shall remain with the owner of the affected green spaces.
        ``(3) Buildings and green spaces on the plaza.--Upon completion 
    of the Project, the Board shall own, operate, and maintain the 
    buildings and green spaces established on the Plaza for the 
    Project.
    ``(f) National Highway Boundaries.--
        ``(1) Realignment of boundaries.--The Secretary may realign 
    national highways related to proposed changes to the Northern and 
    Southern Interchanges and the E Street Approach recommended in the 
    TEA-21 report in order to facilitate the flow of traffic in the 
    vicinity of the Center.
        ``(2) Access to center from i-66.--The Secretary may improve 
    direct access and egress between Interstate Route 66 and the 
    Center, including its garages.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    Section 13 of John F. Kennedy Center Act (as redesignated by 
section 2 of this Act) is amended--
        (1) by redesignating subsection (c) as subsection (d); and
        (2) by inserting after subsection (b) the following:
    ``(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.''.

SEC. 4. CONFORMING AMENDMENTS.

    (a) Selection of Contractors.--Section 4(a)(2)(D) of the John F. 
Kennedy Center Act (20 U.S.C 76j(a)(2)(D)) is amended to read as 
follows:
            ``(D) Selection of contractors.--In carrying out the duties 
        of the Board under this Act, the Board may negotiate any 
        contract--
                ``(i) for planning, design, engineering, or 
            construction of buildings to be erected on the John F. 
            Kennedy Center Plaza under section 12 and for landscaping 
            and other improvements to the Plaza; or
                ``(ii) for an environmental system for, a protection 
            system for, or a repair to, maintenance of, or restoration 
            of the John F. Kennedy Center for the Performing Arts,
        with selected contractors and award the contract on the basis 
        of contractor qualifications as well as price.''.
    (b) Definitions.--Section 14 of the John F. Kennedy Center Act (as 
redesignated by section 2 of this Act) is amended by adding at the end 
the following: ``Upon completion of the project for establishment of 
the John F. Kennedy Center Plaza authorized by section 12, the Board, 
in consultation with the Secretary of Transportation, shall amend the 
map that is on file and available for public inspection under the 
preceding sentence.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.