[Congressional Record Volume 148, Number 104 (Friday, July 26, 2002)]
[Senate]
[Pages S7442-S7443]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         JOHN F. KENNEDY CENTER PLAZA AUTHORIZATION ACT OF 2002

  Mr. DASCHLE. Mr. President, I now ask unanimous consent that the 
Senate proceed to the immediate consideration of Calendar No. 524, S. 
2771.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 2771) to amend the John F. Kennedy Center Plaza 
     Authorization Act of 2002 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. DASCHLE. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating thereto be printed in the 
Record without any intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2771) was read the third time and passed, as follows:

                                S. 2771

       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.

[[Page S7443]]

       ``(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.''.

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