[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5012 Received in Senate (RDS)]

  2d Session
                                H. R. 5012


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 5, 2002

                                Received

_______________________________________________________________________

                                 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.''.

            Passed the House of Representatives September 4, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

                            By Martha C. Morrison,

                                                          Deputy Clerk.