[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2771 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                S. 2771

_______________________________________________________________________

                                 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:
            ``(1) Air right.--The term `air right' means a real 
        property interest 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 space.--The term `green space' means an area 
        within the boundaries of the Project or affected by the Project 
        that is covered by grass, trees, or other vegetation.
            ``(4) Plaza.--The term `Plaza' means improvements to the 
        area surrounding the John F. Kennedy Center building that are--
                    ``(A) carried out under the Project; and
                    ``(B) comprised of--
                            ``(i) transportation elements (including 
                        roadways, sidewalks, and bicycle lanes); and
                            ``(ii) nontransportation elements 
                        (including landscaping, green space, open 
                        public space, and water, sewer, and utility 
                        connections).
            ``(5) Project.--
                    ``(A) In general.--The term `Project' means the 
                Plaza project, as described in the TEA-21 report, 
                providing for--
                            ``(i) construction of the Plaza; and
                            ``(ii) improved bicycle, pedestrian, and 
                        vehicular access to and around the Center.
                    ``(B) Inclusions.--The term `Project'--
                            ``(i) includes--
                                    ``(I) planning, design, 
                                engineering, and construction of the 
                                Plaza;
                                    ``(II) buildings to be constructed 
                                on the Plaza; and
                                    ``(III) related transportation 
                                improvements; and
                            ``(ii) may include any other element 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 carry out such activities as are 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 
        relating to the planning, design, engineering, and construction 
        of the Project.
    ``(c) Responsibilities of the Board.--
            ``(1) In general.--The Board may carry out such activities 
        as are 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 are necessary for the planning, design, engineering, 
        and construction of the Project.
            ``(3) Construction of buildings.--The Board--
                    ``(A) may construct, with nonappropriated funds, 
                buildings on the Plaza for the Project; and
                    ``(B) 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 
                acknowledgement 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, as necessary to 
        meet the requirements and needs of the Project, to amend or 
        modify the permanent system of highways of the District of 
        Columbia.
            ``(2) Conveyances.--
                    ``(A) Authority.--Notwithstanding any State or 
                local law, the Mayor of the District of Columbia shall 
                have exclusive authority, as necessary to meet the 
                requirements and needs of the Project, to convey or 
                dispose of any interests in real estate (including air 
                rights and air space (as that term is defined by 
                District of Columbia law)) owned or controlled by the 
                District of Columbia.
                    ``(B) Conveyance to the board.--Not later than 90 
                days after 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 North and 
        South 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 the garages of the Center.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    Section 13 of the John F. Kennedy Center Act (as redesignated by 
section 2) 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) $400,000,000 for the period of fiscal years 
2003 through 2010, to remain available until expended.''.

SEC. 4. CONFORMING AMENDMENTS.

    (a) Selection of Contractors.--Section 4(a)(2) of the John F. 
Kennedy Center Act (20 U.S.C 76j(a)(2)) is amended by striking 
subparagraph (D) and inserting the following:
                    ``(D) Selection of contractors.--In carrying out 
                the duties of the Board under this Act, the Board may--
                            ``(i) negotiate, with selected contractors, 
                        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; and
                            ``(ii) award the contract on the basis of 
                        contractor qualifications as well as price.''.
    (b) Administration.--Section 6(d) of the John F. Kennedy Center Act 
(20 U.S.C. 76l(d)) is amended in the first sentence by striking 
``section 12'' and inserting ``section 14''.
    (c) Definitions.--Section 14 of the John F. Kennedy Center Act (as 
redesignated by section 2) 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 Senate July 26, 2002.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                                S. 2771

_______________________________________________________________________

                                 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.