[House Report 107-622]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-622

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



 
         JOHN F. KENNEDY CENTER PLAZA AUTHORIZATION ACT OF 2002

                                _______
                                

 July 26, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 5012]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5012) 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, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                       Purpose of the Legislation

    The purpose of this legislation is to improve the 
pedestrian, vehicular, and bicycle access to the John F. 
Kennedy Center for the Performing Arts (Kennedy Center). The 
legislation authorizes the construction of a plaza adjacent to 
the Kennedy Center; authorizes necessary and related 
transportation improvements; grants authority for the transfer 
and receipt of certain property rights; clarifies ownership of 
resulting property; authorizes the construction of new 
buildings; and authorizes appropriations to complete the 
project.

                Background and Need for the Legislation

    The Kennedy Center is a congressionally chartered national 
center, a national presidential monument and living memorial. 
The current building was constructed in the late 1960's, and 
was officially opened in September 1971. The concept of a 
National Cultural Center was initiated by the Eisenhower 
Administration, and in 1958 was federally chartered by 
Congress. In 1964 Congress changed the designation to honor the 
late President John F. Kennedy.
    The Kennedy Center contains approximately 1.5 million 
square feet of space and today houses seven theaters: the 
Concert Hall (2,700 seats); the Opera House (2,300 seats); the 
Dwight D. Eisenhower Theater (1,000 seats); the Terrace Theater 
(500 seats); the Theater Lab (400 seats); the American Film 
Institute Theater (200 seats); and the Millennium Stage 
(seating varies depending on performance type). The Millennium 
Stage offers free nightly concerts at 6:00 p.m. and has 
entertained over one million visitors to the Kennedy Center 
over five years. In addition, the building also houses three 
restaurants; administrative, meeting and rehearsal space; 
twenty-three elevators, six escalators, and 2,000 doors; and 
five public halls or galleries. The facility is situated on 17 
acres of land in an area of Washington, D.C. known as Foggy 
Bottom, along the Potomac River. The Kennedy Center currently 
has parking for 1,450 cars, however, under legislation enacted 
in 1997, parking will expand by more than 600 spaces in order 
to accommodate heavy demand. In 2001, the Kennedy Center hosted 
2 million patrons, who attended 3,200 performances and 
accommodated 3 million visitors touring the building during the 
day.
    The Transportation Equity Act for the 21st Century (TEA 21) 
authorized $500,000 and directed the Secretary of 
Transportation to undertake a comprehensive study of ways to 
improve access to the Kennedy Center. In developing its report, 
the Federal Highway Administration (FHWA) worked in partnership 
with the Kennedy Center and other federal and local agencies to 
develop long-term, multi-modal transportation and land-use 
improvement options that would facilitate safe traffic flow to 
and from the Kennedy Center, improve transit service, and make 
bicycling and walking around the center safer, more pleasant, 
and more direct.
    At present, there is no direct path from the Kennedy Center 
to the east, or southeastward to the National Mall, and there 
are inadequate connections from the riverfront to the Kennedy 
Center. In the absence of clear walkways, pedestrians improvise 
a hazardous footpath and sprint across the freeway. Others dash 
across the parkway near a blind corner on the Kennedy Center's 
south side. The bicycle connection to a local trail crosses an 
Interstate 66 off-ramp. Dangerously narrow pedestrian and 
bicycle portals exist on the east side of the parkway under the 
Roosevelt Bridge.
    Vehicular traffic for performances that begin near 
Washington's rush hour are confounded by congestion on the Rock 
Creek and Potomac Parkway and various bridge camps. In 
addition, there are high accident rates at the foot of the 
Roosevelt Bridge and at the intersection of Virginia Avenue, 
27th Street, and the parkway.
    Nearly 200,000 vehicles a day use the complex of ramps and 
roadways adjacent to the Kennedy Center. Improvements must 
ensure that these volumes are served and that traffic is not 
backed up onto the Roosevelt Bridge or diverted onto 
neighborhood streets. Additionally, the use of public 
transportation is difficult for Kennedy Center patrons. There 
is no direct bus service to the Kennedy Center and the Foggy 
Bottom Metro station is over a quarter of a mile away, too far 
away for most patrons to walk comfortably. Further, visitors 
unfamiliar with the area are not likely to find the Kennedy 
Center since it is not visible from the Metro and there are no 
directional signs. The Kennedy Center operates a Show Shuttle 
bus on a limited schedule to address some of these concerns, 
but is hampered by the volume of patrons and the fact that the 
shuttle must use residential streets for its route.

                 TEA 21 REPORT RECOMMENDED IMPROVEMENTS

    Kennedy Center Plaza.--Central to the proposed design is a 
plaza, which set atop a deck over the Potomac Freeway, would 
provide a new public space and stately approach to the Kennedy 
Center from the east. The plaza would be connected to E and 
25th Streets, thus reestablishing the local street grid. 
Freeways and ramps immediately east of the Kennedy Center would 
be modified to accommodate through traffic beneath the plaza. 
The plaza, built using freeway air rights, would contain a 
large public square and space for the additional construction 
of new buildings whose use would be determined over the next 
several years.
    Riverfront Access.--A grand open stairway (with elevators 
for the handicapped) would link the Kennedy Center terrace to 
the riverfront promenade, where a floating dock could serve 
riverboats. This would properly present the Kennedy Center to 
the waterfront and reconcile the Kennedy Center's ambivalent 
relationship to the river. The open design would preserve views 
to the river from the parkway. These changes would facilitate 
pedestrian, bicycle, and river access and restore an important 
element of the building's original design.
    E Street Approach.--E Street would be modified at its 
western terminus to link the Kennedy Center with President's 
Park and the core of the City. Through traffic would continue 
to use the E Street expressway below the plaza, while local 
traffic would use improved surface-level connections to the 
plaza.
    Traffic and Safety North of the Kennedy Center.--New 
connections would be built between the Rock Creek and Potomac 
Parkway and the Potomac Freeway in the vicinity of K Street. 
This would improve the freeway's directness and convenience, 
diverting traffic from the parkway to the freeway. Reduced 
through traffic on the parkway would improve the riverfront 
promenade for pedestrians and cyclists. The improvements would 
also relieve congestion and address safety hazards at the 
Virginia Avenue, Rock Creek Parkway, and 27th Street 
intersections.
    Traffic and Safety South of the Kennedy Center.--The 
complex intersection of Ohio Drive, with the Potomac Freeway 
and Rock Creek Parkway would be grade separated to relieve 
hazardous conditions and congestions.
    Transit Improvements.--The E Street improvements would 
allow the Kennedy Center Show Shuttle to travel a direct route, 
thereby avoiding neighborhood streets. Alignment options for 
possible future light rail service, which could provide direct 
access to the Kennedy Center, would be preserved.
    Pedestrian and Bicycle Improvements.--The plaza and 
connecting facilities would provide new linkages between the 
Kennedy Center and the surrounding community. Safe bicycle 
connections would also be provided to the Custis/I-66 trail 
across the Roosevelt bridge.
    Signing Improvements.--Effective directional signs for 
through and local pedestrian, bicycle, and vehicular traffic 
would be installed.
    Parking Improvements.--The area below the plaza would 
provide at least 500 new parking spaces. This parking would 
meet the needs of plaza development, ensuring that traffic 
generated by the site could be accommodated without intruding 
upon the scarce parking supply in the surrounding neighborhood. 
It could also serve the Kennedy Center's overflow parking 
needs.
    The centerpiece of these recommendations is the proposal to 
create a pedestrian plaza, set atop a deck, which will be 
constructed using air rights over the ramps and roadways of the 
Potomac Freeway. The new plaza would represent approximately 8 
acres of new land directly east of the Kennedy Center. The 
Kennedy Center has indicated a need for additional space for 
administration, education, rehearsal, and performances, which 
could be accommodated by new construction on the proposed 
plaza. Any new construction atop the deck, while requiring 
Congressional authorization, will be paid for with non-
appropriated funds. The FHWA study estimates the project costs 
to be $269 million federal dollars (as of its publication in 
2000), which includes constructing the plaza and making other 
necessary improvements to the adjoining roadways. The amount 
does not include funding for new construction on the plaza.
    The FY 2001 Transportation Appropriations bill included $10 
million for the Department of Transportation (DOT) to go 
forward with preliminary project planning, environmental 
reviews and design approvals. Preliminary work continues to 
progress as DOT works in conjunction with the Kennedy Center, 
the National Park Service, the District of Columbia Department 
of Public Works, and the FHWA. However, the Kennedy Center and 
DOT will need additional appropriations and authorization to 
begin work on many of the improvements identified in the access 
study.
    While it is not expected that this project will require the 
relocation of any individuals or homes, it is the expectation 
of the Committee that should such relocation be necessary, the 
Uniform Relocation Act of Title 42, Chapter 61, would be 
applied to the extent it is applicable.

                       Summary of the Legislation


Section 1: Short title

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

Section 2: John F. Kennedy Center Plaza

    This section amends the John F. Kennedy Center Act (20 
U.S.C. 76h et seq.), hereafter known as ``the Act,'' and 
redesignates existing sections to allow for the insertion of a 
new section 12. This section defines terms used in the 
legislation; authorizes the construction of the project; 
establishes the responsibilities of all parties; clarifies 
issues of ownership and control; grants necessary authorities; 
and authorizes appropriations.
            (a) Definitions
    ``Air Rights'' is defined to encompass both the District of 
Columbia definition of ``Air Space'' and the definition of Air 
Rights used by the FHWA. While used in similar manners, the 
definition used in the legislation is meant to include all such 
rights granted for the use of space that is above any type of 
land and will be used for construction.
    The John F. Kennedy Center for the Performing Arts is 
referred to in the legislation as the ``Center.''
     ``Plaza'' is used throughout the legislation to refer to a 
plaza that is to be constructed directly east of the Kennedy 
Center. This definition is meant to include only the plaza 
itself and related improvements, including roads, sidewalks, 
bicycle lanes, landscaping, green space, openpublic space, 
water, sewer, and utility connections. This definition is not meant to 
include any work towards the completion of buildings to be built on the 
plaza, except design work to the extent necessary to facilitate the 
construction of buildings.
    ``Project'' is used to refer to the Plaza project 
envisioned by the TEA 21 report, which provides for the 
construction of a plaza adjacent to the Kennedy Center and 
improved access to, from and around the Kennedy Center. The 
definition is also meant to include any other improvements that 
may be included in the TEA 21 report.
    Used throughout the legislation, the term ``Secretary'' 
refers to the United States Secretary of Transportation, or any 
person or department that the Secretary designates to carry out 
his responsibilities under the legislation.
    ``TEA 21 Report'' refers to the report prepared pursuant to 
section 1214 of the Transportation Equity Act for the 21st 
Century (20 U.S.C. 76j note; 112 Stat. 204). This report is 
also sometimes referred to as the ``Access Study.''
    This section also details the responsibilities of each of 
the parties involved. The Secretary of Transportation will be 
responsible for overall management of the Project, construction 
of the plaza and coordinating with all of the relevant parties; 
the Board is responsible for all aspects of construction of the 
buildings on the plaza; and the District of Columbia is 
responsible for conveying Air Rights, amending the streets and 
highways, and entering agreements as necessary to complete the 
project.
            (b) Responsibilities of the Secretary
    Within his responsibilities under this section, the 
Secretary has five specific responsibilities. Overall 
management of the project, construction of the plaza, entering 
into agreements with appropriate entities, consultation with 
the Board, and entering into contracts on behalf of the Board 
as necessary to complete the project.
    First, the Secretary is generally responsible for the 
project, with the exception of any buildings that may be 
constructed on the plaza, as described in the TEA 21 report. In 
this role, the Secretary will be responsible for ensuring that 
the project is completed in a timely fashion and in accordance 
with the requirements and recommendations of the TEA 21 report.
    Second, the Secretary is responsible for all planning, 
design, engineering, and construction associated with the 
project. The Secretary will also be responsible for making the 
determination about which aspects of the TEA 21 report are 
necessary for completion of the project. While it is expected 
that the Eastern Federal Lands Highway Division of the Federal 
Highway Administration will carry out the majority of the work 
authorized by this legislation, the Secretary may designate 
other individuals or entities to carry out certain tasks as 
needed to carry out his responsibilities.
    Third, the Secretary is required to enter into memoranda of 
agreement with the Board of Trustees of the Kennedy Center (the 
Board) and any other appropriate Federal or other entity to 
facilitate the completion of the project. It is expected by the 
Committee that the Secretary will enter into these agreements 
to ensure that each participant in the project clearly 
understands their various roles and responsibilities.
    Fourth, the Secretary is also required by this section to 
consult with the Board to maximize efficiencies in the planning 
and execution of the project. Coordination between the Board 
and the Secretary is particularly important for the purpose of 
preparing the plaza to accommodate any buildings that may be 
constructed. By coordinating in advance, it will be possible to 
eliminate or reduce delays due to inadequate capacity issues 
for the plaza or conflicting designs for the location of water, 
sewer and electricity connections. It is also important that 
the parties coordinate in the letting of contracts so that each 
can benefit by potentially negotiating lower prices and 
reducing work stoppages.
    Finally, this section authorizes the Secretary to negotiate 
and enter into contracts on behalf of the Center related to the 
completion of the project.
            (c) Responsibilities of the Board
    This section also grants to the Board a range of 
authorities to enable it to participate fully in the completion 
of the project. The legislation authorizes the Board to 
undertake such activities as may be necessary to construct 
buildings on the Plaza for the Project. The Board is also 
authorized to receive from the District of Columbia such 
transfer of air rights as may be necessary for the planning, 
design, engineering, and construction of the project.
    Further, this section gives to the Board the authority to 
construct buildings on the plaza for the project. These 
buildings must be constructed with non-appropriated funds. The 
Board shall be responsible for all planning, design, 
engineering, and construction of the buildings. It is expected 
that the Board will coordinate and consult with the Secretary 
during all phases of the project to ensure that no efforts are 
duplicated.
    Upon completion of the buildings, the Board is authorized 
to acknowledge, within the interior of the buildings, private 
contributions used in the construction of the buildings. Such 
acknowledgments will be made in a manner consistent with 
existing regulations and requirements. It is the understanding 
of the Committee, that no acknowledgement will be made either 
on the exterior of any of the buildings, or in a fashion that 
would be visible from the exterior of the buildings.
            (d) Responsibilities of the District of Columbia
    This section also grants authority to and directs the 
transfer of rights from the District of Columbia Government. 
Under the authority granted, the Mayor of the District of 
Columbia is granted the authority, notwithstanding any other 
provision of local law, to realign the existing system of 
highways and roads in consultation with the National Capital 
Planning Commission to facilitate the project. As envisioned, 
completion of the project will require the possible realignment 
of several different roadways and highways located in the 
District of Columbia and under the authority of the Mayor. This 
provision ensures that the Mayor has all authority necessary to 
facilitate the completion of the project in an efficient and 
expedient manner.
    Under this section, the Mayor is also granted the sole 
authority to convey or dispose of any rights owned or 
controlled by the District of Columbia as may be necessary to 
meet the needs or requirements of the project. This authority 
applies to air rights as defined by this legislation, air space 
as that term is defined by District law, or any other interest 
in real property that may be necessary.
    To further ensure that the completion of the project is not 
held up by a delay of this transfer, within 90 days of receipt 
from the Secretary of a description of the rights needed, the 
Mayor is required to transfer the rights.
    The Mayor is also granted the authority to enter into 
agreements with the Board and any other Federal agency to 
facilitate the planning, design, engineering, and construction 
of the project.
            (e) Ownership
    This section clarifies the ownership of various areas upon 
completion of the project. With the exception of the buildings 
and green spaces established on the plaza, which shall be 
owned,operated and maintained by the Board, responsibility for 
maintenance and oversight of any green spaces, roadways or sidewalks 
modified or improved by the project remains with the owner of the 
affected green spaces, roadways, and sidewalks.
            (f) National highway boundaries
    This section clarifies the authority of the Secretary to 
realign national highways in order to facilitate the flow of 
traffic to, from, and in the vicinity of the Kennedy Center. By 
the text of the bill, the Secretary's authority in this regard 
is limited in his authority under this section to areas 
specifically identified in the text of the bill, including the 
Northern and Southern Interchanges and the E Street Approach as 
recommended by the TEA-21 report.
    This section also grants to the Secretary the authority to 
improve direct access and egress between the Kennedy Center, 
including its garages, and Interstate Route 66. This authority 
is granted to allow the Secretary and the Board to improve and 
restore previously existing accesses and egresses to Federal 
highways from the Kennedy Center.

Section 3: Authorization of appropriations

    This section amends Section 13 of the Act to redesignate 
subsections allowing for the insertion of a new subsection (b). 
This new subsection provides for the total appropriation of 
$400,000,000, from FY 2003 through FY 2010, to the Secretary 
for the completion of the project as specified by the new 
Section 12 added by this legislation. The section further 
clarifies that expenses relating to the construction of 
buildings on the plaza may not be paid from the money 
appropriated under this section. It is expected by the 
Committee that all costs relating to this project, excluding 
costs related to construction of buildings on the plaza and 
costs associated with the transfer of air rights, will be paid 
for from federal funds.

Section 4: Conforming amendments

    This section makes two conforming amendments to the Act. 
The first amends Section 4(a)(2)(D) to allow the Board to 
negotiate contracts for the planning, design, engineering or 
construction of new buildings to be built on the plaza and for 
the continued maintenance of any improvements to the plaza. 
This section also requires that upon completion of the project, 
the Board, in consultation with the Secretary will make such 
conforming changes to existing maps as may be necessary.

            Legislative History and Committee Consideration

    On June 13, 2002, the Subcommittee on Economic Development, 
Public Buildings and Emergency Management held a hearing on the 
John F. Kennedy Center for the Performing Arts Access Study. 
The Subcommittee received testimony from the Kennedy Center, 
Federal Highway Administration and District of Columbia 
Department of Transportation. On June 25, 2002, Mr. Young of 
Alaska, Mr. Oberstar, Mr. LaTourette, Mr. Costello, Mr. Kolbe, 
Mr. Kennedy, and Ms. Pryce introduced H.R. 5012, the John F. 
Kennedy Center Plaza Authorization Act of 2002.
    On June 26, 2002, the Full Committee met in open session 
and on a motion with a quorum present, discharged the 
Subcommittee from further consideration of the bill. On a 
motion by Mr. LaTourette, the Full Committee ordered H.R. 5012 
reported to the House by unanimous voice vote, with a quorum 
present.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each rollcall vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no rollcall votes taken in connection with ordering H.R. 
5012 favorably reported. A motion by Mr. LaTourette to order 
H.R. 5012 favorably reported to the House was agreed to by 
voice vote, a quorum being present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate will 
be inserted in the Congressional Record at a later date.

                    Compliance with House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office which 
will be inserted in the Record at a later date.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objective of this legislation is to 
authorize the creation of a plaza and improve the roadways and 
highways adjacent to the Kennedy Center to improve vehicular, 
pedestrian and bicycle access.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has not received a cost estimate for H.R. 5012 from 
the Director of the Congressional Budget Office.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own, the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1994 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local or 
tribal law. The Committee states that H.R. 5012 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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 italics, existing law in which no change 
is proposed is shown in roman):

JOHN F. KENNEDY CENTER ACT

           *       *       *       *       *       *       *



SEC. 4. DUTIES OF THE BOARD.

  (a) Programs, Activities, and Goals.--
          (1) * * *
          (2) Administrative powers and duties.--
                  (A) * * *

           *       *       *       *       *       *       *

                  [(D) Selection of contractors.--In carrying 
                out the duties of the Board under this Act, the 
                Board may negotiate any contract 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.]
                  (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.

           *       *       *       *       *       *       *


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 
                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 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. [12.] 13. AUTHORIZATION OF APPROPRIATIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (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.
  [(c)] (d) Limitation on Use of Funds.--No funds appropriated 
pursuant to this section may be used for any direct expense 
incurred in the production of a performing arts attraction, for 
personnel who are involved in performing arts administration 
(including any supply or equipment used by the personnel), or 
for production, staging, public relations, marketing, 
fundraising, ticket sales, or education. Funds appropriated 
directly to the Board shall not affect nor diminish other 
Federal funds sought for any performing arts function and may 
be used to reimburse the Board for that portion of costs that 
are Federal costs reasonably allocated to building services and 
theater maintenance and repair.

SEC. [13.] 14. DEFINITIONS.

  As used in this Act, the terms ``building and site of the 
John F. Kennedy Center for the Performing Arts'' and ``grounds 
of the John F. Kennedy Center for the Performing Arts'' refer 
to the site in the District of Columbia on which the John F. 
Kennedy Center building is constructed and that extends to the 
line of the west face of the west retaining walls and curbs of 
the Inner Loop Freeway on the east, the north face of the north 
retaining walls and curbs of the Theodore Roosevelt Bridge 
approaches on the south, the east face of the east retaining 
walls and curbs of Rock Creek Parkway on the west, and the 
south curbs of New Hampshire Avenue and F Street on the north, 
as generally depicted on the map entitled ``Transfer of John F. 
Kennedy Center for the Performing Arts'', numbered 844/82563, 
and dated April 20, 1994 (as amended by the map entitled 
``Transfer of John F. Kennedy Center for the Performing Arts'', 
numbered 844/82563A and dated May 22, 1997), which shall be on 
file and available for public inspection in the office of the 
National Capital Region, National Park Service, Department of 
the Interior. 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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