I
107TH CONGRESS
2D SESSION
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.
IN THE HOUSE OF REPRESENTATIVES
JUNE 25, 2002
Mr. YOUNG of Alaska (for himself, Mr. OBERSTAR, Mr. LATOURETTE, Mr.
KOLBE, Mr. KENNEDY of Rhode Island, and Mr. COSTELLO) introduced
the following bill; which was referred to the Committee on Transportation
and Infrastructure
A BILL
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘John F. Kennedy Cen-
ter 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 sec-
tions 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 improve-
ments 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 ve-
hicular access to and around the Center. The term
includes planning, design, engineering, and construc-
tion of the Plaza, buildings to be constructed on the
Plaza, and related transportation improvements and
may include any other elements of the Project iden-
tified 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 Transpor-
tation 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 re-
sponsible 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 construc-
tion of the Project, other than buildings to be con-
structed 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 con-
struction 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, de-
sign, 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 ac-
knowledge 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 REQUIRE-
MENTS.—Any acknowledgement of private con-
tributions under this paragraph shall be con-
sistent with the requirements of section 4(b).
‘‘(d) RESPONSIBILITIES OF THE DISTRICT OF CO-
LUMBIA.—
‘‘(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 Sec-
retary, 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 con-
vey 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 re-
quirements and needs of the Project, the Mayor
of the District of Columbia shall convey or dis-
pose of to the Board without compensation in-
terests in real estate described in subparagraph
(A).
‘‘(3) AGREEMENTS
WITH
THE
BOARD.—The
Mayor of the District of Columbia shall have the au-
thority to enter into memoranda of agreement with
the Board and any Federal or other governmental
agency to facilitate the planning, design, engineer-
ing, and construction of the Project.
‘‘(e) OWNERSHIP.—
‘‘(1) ROADWAYS AND SIDEWALKS.—Upon com-
pletion 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.—Sub-
ject 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 rec-
ommended in the TEA–21 report in order to facili-
tate the flow of traffic in the vicinity of the Center.
‘‘(2) ACCESS TO CENTER FROM I–66.—The Sec-
retary may improve direct access and egress between
Interstate Route 66 and the Center, including its ga-
rages.’’.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 13 of John F. Kennedy Center Act (as redes-
ignated by section 2 of this Act) is amended—
(1) by redesignating subsection (c) as sub-
section (d); and
(2) by inserting after subsection (b) the fol-
lowing:
‘‘(c) JOHN F. KENNEDY CENTER PLAZA.—There is
authorized to be appropriated to the Secretary of Trans-
portation for capital costs incurred in the planning, de-
sign, engineering, and construction of the project author-
ized by section 12 (including roadway improvements re-
lated to the North and South Interchanges and construc-
tion of the John F. Kennedy Center Plaza, but not includ-
ing 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 con-
tract on the basis of contractor qualifications as
well as price.’’.
(b) DEFINITIONS.—Section 14 of the John F. Ken-
nedy 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 Transpor-
tation, shall amend the map that is on file and available
for public inspection under the preceding sentence.’’.
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